Introduction
Everyone should act if they have serious concerns about someone working in social care.
There are different ways of raising a concern with us depending on who you are.
We consider concerns about people working in social services already on our Register and people applying to register with us.
If you have a concern or wish to complain about a registered care service, you should contact the Care Inspectorate.(Opens new window)
Find out more by choosing the most suitable option for you from the list below.
Employers
Raise a concern as a representative of an employer of social service workers
What we will consider
The matters that we consider are:
- misconduct
- deficient professional practice
- health
- a decision by another regulator
- a conviction.
What you need to tell us
- When you suspend, dismiss or demote a social service worker.
- When an employee resigns during a disciplinary investigation where you would have considered dismissal.
- Anything you would refer to Disclosure Scotland.
- When a worker is charged or convicted of a criminal offence.
- Any other circumstances where you are concerned the behaviour or actions of a worker raises a serious concern about their fitness to practise.
Read the Employer Referral Guidance for more details.
Referring a worker not registered with us
Employers must make a referral to us when a worker is not registered with us if they:
- are dismissed
- resign or abandon their post, and if they had they not done so, you would have considered dismissal.
If you are carrying out your own disciplinary process for a non-registered worker, you should only notify us when this concludes.
Matters you should not refer to us
You should not refer employer investigations and disciplinary matters about the conduct, professional practice or health of workers that result in less serious outcomes, for example, a warning or a performance management plan, unless the conduct, professional practice or health concerns meet our thresholds.
If you believe the concerns on which you acted do not meet our thresholds, but you have taken any of the actions listed on page six of our guidance document, please update the worker’s record on MySSSC. You can do this by selecting the worker, then view and amend details in the registrant’s section (change of details). When doing this, please also provide a short but detailed summary of why you think the behaviour does not meet our thresholds.
Employer advice line
If you would like to speak to someone about a referral, our employer advice line provides specialist support and advice to employers about our fitness to practise processes.
Email us at [email protected] or phone 0345 60 30 891, selecting the option for employer advice line.
Employer referral form
Member of the public
Raise a concern as someone who uses services, a carer, a colleague (not as a representative of an employer) or a member of the public.
What we will investigate
A social service worker is fit to practise if they meet the standards of practice, conduct and do their job safely and effectively in line with the SSSC Codes of Practice.
If they fall below the standards, we can investigate and take action.
We can investigate concerns about a worker’s:
- conduct
- professional practice
- health.
You can read more in our Raising a concern: Guidance for members of the public and colleagues. An Easy Read version of this guidance is also available.
What we won’t investigate
Complaints about a service
These may be about how services are provided, withdrawal or unavailability of a service. Services themselves will usually deal with these complaints. However, if a worker has failed to do something, or has done something badly that resulted in the service not being provided, we may consider it.
Decisions made by workers
Workers make decisions using their knowledge, skills, experience and training. They also have to work within the resources available to them. Sometimes they make decisions that not everyone agrees with. If you feel concerned about a decision or recommendation a worker has made, you should raise this with the service directly.
However, if you feel concerned about a worker’s behaviour or actions when making the decision, we may consider it.
Change of worker
We cannot ask a service to change an allocated worker. This is a matter for the service and you should raise it with them.
You can read more in our Raising a concern: Guidance for members of the public and colleagues.
Member of the public referral form
Higher education institutes (HEI)
It’s important that higher education institutions (HEI) tell us if they have concerns about a student. You should do this even if the student is no longer enrolled on the course as they may enrol at another HEI or apply to work in a social care setting.
What we need to know
You should let us know of any issue you would tell Disclosure Scotland about or where you are concerned that the behaviour or actions of a student raises a serious concern about their fitness to practise. Some examples include:
- place on the course terminated on the grounds of misconduct or capability due to professional practice or health
- withdrawal from a social work programme during your own fitness to practise or disciplinary investigation
- suspended from a social work programme pending the outcome of your own fitness to practise or disciplinary investigation
- are charged or convicted of an offence.
You should tell us immediately if the behaviour is serious, a student is suspended or withdraws from a social work programme when you would have considered termination, and when a student is charged with or convicted of a criminal offence.
Read the Higher Education Institutions Referral Guidance for more details.
Your responsibility to tell us
To comply with course approval requirements in the Rules for Social Work Training 2003 you must:
- tell us about anything that may question a student’s suitability for registration
- tell the student that you have made a report
- cooperate with our investigations and hearings
- respond appropriately to our findings and decisions and cooperate with any action we take.
Advice line
If you would like to speak to someone about a referral, our advice line provides specialist support and advice to employers and HEIs about our fitness to practise processes. Email us at [email protected] or phone 0345 60 30 891, selecting the option for employer advice line.
HEI referral form
Third parties
Raise a concern as a third party, such as a police officer, social worker or representative of another public body.
What you need to tell us
It’s important that third parties tell us if they have concerns about a social service worker. You must tell us immediately when you become aware of alleged fitness to practise concern/s or assess that a referral will not be made by the provider/employer.
We can investigate concerns about a social service worker’s:
- conduct
- professional practice
- health.
Read the referral guidance for more details.
Third party referral form
Guidance for survivors of child abuse while in care in Scotland
This guidance provides information for survivors of child abuse while in care, and their families or friends, who may want to raise a concern about a social service worker.
Who can raise a concern
You can still raise a concern whether or not you:
- reported the abuse to anyone else in the past
- reported the abuse to the SSSC in the past (but only if you have new information)
- have claimed compensation
- were involved in a police investigation or any court case
- have given evidence to the Scottish Child Abuse Inquiry(Opens new window)
Our role
As the regulator for the social service workforce in Scotland it’s our role to protect the public by registering social service workers, setting standards for their practice, conduct, training and education and by supporting their professional development.
Where people fall below the standards of practice and conduct we can investigate and take action.
We can consider concerns about:
- people who work in social services and who are registered with us
- workers who are applying to register
- social workers who may no longer be working but are still on our Register.
We can’t consider concerns about:
- people who work in social services but are not registered with us
- people who have retired from work in social services and are no longer registered
- people who worked in social services but who have now passed away
- the care service where you experienced abuse.
The action we can take
We will consider allegations that a registered worker, or a worker applying to register with us:
- carried out abuse
- did not report abuse when they had a responsibility to do so.
If the allegations date back many years it may be difficult for us to obtain the evidence necessary for us to take action. This is because records may no longer be available or because witnesses are either not available or their memory of events has faded due to the passage of time.
If we are investigating allegations that a worker did not report abuse when they had a responsibility to do so, then we will consider the worker’s practice against the standards of practice in place at that time.
If we do decide a worker’s practice fell below the standards in place at that time, we then need to decide if that affects their current fitness to practise. There may be cases where a worker’s practice fell below the standards in place, but we decide this does not affect their current fitness to practise. In those cases, we can’t take any action.
If we decide the worker’s fitness to practise is impaired the possible outcomes can include the following.
A sanction on the worker’s registration which can include:
- a warning
- a condition
- a warning and condition
- suspension
- removal from the Register.
In exceptional cases, take no action.
If the concern should be reported to another body we will, for example the police, social work child or adult protection teams or other regulators.
We can’t force the worker to apologise, award compensation or convict anyone of having committed a crime. We can’t help you recover your records or find out about your past.
How we will handle your information
We understand the information you give us is sensitive and personal. We will handle your information securely and with sensitivity.
We will let the worker know that we have received the complaint and ask them for their comments. During our investigation, the worker may receive a copy of all relevant information we receive so that they can understand and respond to the allegations against them. You should tell us if there is anything you would prefer that we do not send to the worker. We will consider this request but may still need to provide the information. We will not share any information that might compromise a criminal investigation.
Raising your concern
We understand that it can be painful and distressing to talk about your experiences, and you may find it difficult to remember some information. If you cannot remember the worker’s name but can tell us where and when the abuse took place, we can try to trace the worker. The more detail that you can give us the better we can consider your concerns.
You can submit your complaint anonymously, but it may stop us from being able to fully investigate the matter and result in the investigation being closed. We often have further questions and may need to contact you.