Introduction
Fitness to practise is about protecting and enhancing the safety and welfare of people who use social services.
We must be sure that everyone on our Register meet the standards of practice, conduct and behaviour necessary for them to do their job safely and effectively in line with the SSSC Codes of Practice. Workers are expected to behave in a way, in or outside work, which does not call into question their suitability to work in social services.
If they fall below the standards, we can investigate and take action.
A worker’s fitness to practise may be impaired by one or more of the following:
- misconduct
- deficient professional practice
- a health issue
- a decision about them by another specified regulatory body
- a criminal conviction.
Impairment examples
Every case is different, and we consider all the information available to us when we make a decision.
Below are some examples of the type of cases that we would or would not investigate.
Deciding whether to investigate is only the beginning. The final outcome after investigation will depend on whether there is enough evidence to prove the allegations, whether the worker’s fitness to practise is currently impaired, and what sanction might be appropriate in all the circumstances.
Conduct
Example one
The relative of someone who uses services has witnessed a worker swear at and use excessive force when supporting that person.
This is conduct that we would investigate.
Example two
A worker attends work for a shift. When talking with a colleague during a shift break the worker discusses an incident that occurred during a night out at the weekend which resulted in the police charging the worker with breach of the peace and assault. The colleague informs the unit manager.
This is conduct that we would investigate.
The offences of breach of the peace and assault cover a wide range of behaviours, some more serious than others, but violent and/or aggressive behaviour that results in a charge of assault would be investigated.
Example three
A person who uses services asks a worker for a cup of tea. The worker acknowledges the request but does not return with the drink. The person who uses services makes two more requests for a drink before the worker finally brings the cup of tea and it is an hour after the original request. The shift supervisor overhears the final request and counsels the worker about their actions.
This is conduct that we would not investigate.
Though the worker’s behaviour demonstrated a lack of respect for the individual’s rights and choices, it was a single incident addressed by the employer and is not of a level of seriousness that would raise a concern about the worker’s fitness to practise. We would expect the employer to manage this behaviour.
Professional practice
Example one
There are concerns about a worker’s record keeping when administering medication to people who use services. An employer decides to manage these concerns through the organisation’s capability process and provide the worker with increased supervision, mentoring and further training for a nine-month period. After this period the worker is still failing to meet the record keeping standards. Despite the additional training and support the employer is not satisfied that the worker can competently complete medication records. The worker is dismissed on the grounds of capability due to competence.
This is practise that we would investigate.
The concerns have continued to place people who use services at risk of harm, despite a performance improvement plan having been tried. Regulatory investigation is needed to make sure the worker can practise safely.
Example two
An employer has concerns about a worker’s ability to intervene timeously and appropriately to support colleagues during challenging situations that occur within the unit. The employer decides to manage the worker’s fitness to practise through the organisation’s capability process. A performance plan is put in place for the worker which includes further training, supervision and a period of monitoring and assessment. The plan is to be reviewed at regular intervals. The worker cooperates fully with the plan and there is an improvement in practice to a satisfactory standard.
This is practise that we would not investigate.
The issue has been addressed without the need for regulatory involvement. We would expect the employer to continue to manage this behaviour.
Health
Example one
A worker has clinical depression and is taking medication for it. The worker’s doctor recommends a change to medication which causes the worker to experience difficulties managing the condition. In particular, the worker finds some aspects of their role difficult and distressing. The worker speaks to the employer and it is agreed that until the issue with the medication is resolved, the worker’s duties/workload will be adjusted for a short period of time.
This is a health condition that we would not investigate.
The health condition is being managed. Because the worker has identified an area of work where they may not be able to meet required standards of practice, they have shown appropriate insight and understanding into their condition and the impact this could have on their ability to practise safely and effectively.
Example two
A worker was recently diagnosed with epilepsy and declared this to an employer. The employer recommended that the worker tell colleagues and asked the worker to make sure they took their medication. The worker chose not to tell any colleagues and in the following months did not take medication on a significant number of occasions. The worker and a colleague were carrying out personal care with a person who uses services when the worker had a seizure. The colleague did not know about the worker’s condition so became very distressed when trying to help, as a result the person who uses services was left unattended and fell.
This is a health condition that we would investigate.
The worker is not complying with medical treatment and lacks insight into the impact of the health condition on colleagues and people who use services.