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SOSCN: SSSC Updates

Laura Wylie, SSSC

Fitness to Practise Manager (Intake & Engagement)

¡ ¡ ¡ FITNESS TO PRACTISE MODEL NEW THRESHOLDS NEW CODES OF PRACTICE SAFER RECRUITMENT GUIDANCE ¡ ¡ ¡ ¡

What does it mean?

• The fitness to practise process considers if a worker’s fitness to

practise is impaired.

• The focus is on current suitability
• A workers fitness to practise may be impaired as a result of:

Ø conduct (including a criminal sanction or regulatory finding) Ø deficient professional practice (competence) or Ø a health condition which has an adverse effect on their ability to do their job safely and effectively

• Particular regard to the standards set out in the Codes of

Practice

New Thresholds

• You will deal with situations about the conduct, professional

practice and health of registered workers that despite breaching the Codes of Practice will fall below our thresholds

• They may result in a warning, training, increased supervision,

performance management and in some cases dismissal. These cases may have been referred to us under our previous misconduct model, but since 1 November 2016 should not be referred.

Conduct

• Conduct is about how a worker has behaved
• Misconduct means ‘behaviour (whether by act or omission)

which does not meet the standards set out in the Codes and includes a breach of a condition agreed with or imposed by a regulatory body and behaviour which has led to a criminal sanction.’

Conduct- what to refer?

• What?
• Worker has been suspended, dismissed, demoted (unless

behaviour is in thresholds list B).

• Worker resigns during a disciplinary investigation where the

employer would have considered dismissal (unless the behaviour is in thresholds list B).

• Anything you would refer to Disclosure Scotland.
• Worker has been charged or convicted of a criminal offence.
• In any other circumstances where you are concerned that the

behaviour or actions of a worker raises a serious concern about their fitness to practise ( including all behaviour in thresholds list A)

• .

What to refer- Registered workers?

List A: Behaviours that are likely to call into a question a worker’s fitness to practise and that should be referred to the SSSC (regardless of the outcome of any disciplinary/ performance/criminal process):

• Dishonesty , fraud, abuse of trust
• Exploitation of a vulnerable person
• Failure to respect service user’s rights and choices
• Health which is not being managed and affects service user safety
• Hiding mistakes/blocking investigation
• Improper relationship with a servicer user
• Reckless or deliberately harmful acts
• Serious or persistent failure to meet standards
• Sexual misconduct or indecency (including child pornography)
• Substance abuse or misuse
• Violence or displayed threatening behaviour
• Other serious activities which affect public confidence

What should you not to refer?

List B:

• Lateness, poor time-keeping or abandoning post unless it has a

direct impact on service users

• Personality conflicts provided there is no evidence of bullying or

harassment

• Sickness or other absence provided there is no impairment of

fitness to practise and the registrant is managing his or her health

• Misuse of social media where it does not relate to the worker’s

practice or display discriminatory views

• Smoking tobacco contrary to an employer’s policy
• Misuse of work property for personal use
• Minor student plagiarism
• Removal from course for academic reasons
• Fixed penalty notices unless service users involved
• Minor, administrative, medication failings

Professional Practice (Competence)

What?

• Before making a referral we would expect you to we would expect you to

have completed your internal capability processes and procedures before making a referral to us. When?

• You have suspended or dismissed a worker on grounds of capability due to

competence.

• The concerns cannot adequately be dealt with under your own procedures
• r the situation deteriorates and there are fitness to practise or safety

issues.

• A worker resigns and you would have a concern that the worker’s fitness

to practise would be impaired due to a deficiency in their professional practice if they started employment elsewhere.

• You have not or cannot take any of these steps but in your view the

worker’s fitness to practise is impaired due to a deficiency in their professional practice.

Health

Many people living with a health condition are able to practice safely and effectively with or without adjustments. We would expect workers to manage health conditions by:

• being open and honest with their employer about their

condition and any limitations they may have

• complying with any recommended steps to manage the

condition. Employers remain responsible for meeting their duty of care to their worker and people who use services. You should not refer to the SSSC until you have concluded your normal employment procedures unless you believe the worker presents an immediate risk, including to themselves.

Health

• We do not expect employers to make a medical assessment but

you should tell us if you believe a worker’s fitness to practise may be affected by their health. We will then make a decision about whether or not to take action .

• Examples of certain health conditions that might mean fitness to

practise is impaired are listed below (this is not a complete list).

• Periods of unconsciousness or blackouts.
• Serious memory loss.
• Inability to control anger or other emotions.
• Reduced ability to make decisions.
• Inability to carry out certain physical tasks.
• Lack of self-awareness and impact of behaviour on others.
• Alcohol and substance addiction.
• A serious communicable disease.

Health

• A worker may be signed off as “ unfit for work” due to ill health

but this does not necessarily mean their fitness to practise is impaired . Cases of ill-health are likely to be better managed with the support of an employer to safely reduce any risk to public who use services and not require regulatory investigation where the worker: – has demonstrated good insight into the extent and effect of their condition – is taking appropriate steps to access treatment and following advice from their treating health professionals – is receiving support from Occupational Health through the employer – is managing his or her practice appropriately, for example by taking sick leave.

• Long term untreated (or unsuccessfully treated) or

unacknowledged physical or mental health conditions will be of particular concern if they suggest a risk to public protection.

When to refer?

• When?

Immediately if the:

• behaviour is serious
• worker is suspended
• worker resigns and dismissal was likely outcome
• worker is charged with a criminal offence.

Otherwise, let us know at the end of your disciplinary/ performance/capability process

Non- registered workers

• If a worker is not registered you must tell us if:
• you dismiss a worker on the grounds of misconduct or capability

due to competence or health

• a worker resigns and, had they not done so, you would have

either considered dismissing them or would have dismissed them for misconduct, competence or health reasons

• a worker abandons their job and, had they not done so, you would

have either considered dismissing them or would have dismissed them for misconduct, competence or health reasons.

• You should notify us when your own disciplinary process

concludes.

New Codes of Practice

Key changes

• Greater focus on values and attitudes
• Updated to reflect the many changes to social service policy and

practice

• Includes changes to how we regulate, with reference throughout

to our new fitness to practise approach and the new expectations

• f employers and workers
• Now written in the first person to make the codes more

meaningful and help workers to understand they are personally responsible for the standard of their practice.

• Strengthened focus on reporting harm or abuse, and following

safer recruitment guidelines.

New employer codes

• 2.3- Having systems in place to listen to and consider feedback

from people who use services and their carers and other key people in order to shape and improve service provision and worker performance

• 2.5: Having systems in place to enable workers to whistleblow

when they feel working practices are for any reason inappropriate

• r unsafe
• 2.7: where you employ workers from other professionals,

supporting them to meet their own professional codes

• 3.5: Providing effective, regular supervision to social service

workers to enable them to develop and improve through reflective practice

New employer codes (cont)

• 4.3: Dealing with reports and allegations from social service

workers promptly, effectively and openly

• 4.8: Ensuring that where care has or may have caused physical,

emotional, financial or material harm or loss, this is reported

• penly and honestly to the appropriate authorities
• 5.6: cooperating with SSSC investigations, including providing

documents, attending hearings and responding appropriately to the findings and decisions of the SSSC

• 5.7: Enable and support workers to cooperate with the SSSC

investigations, for example, to provide witness statements, documents or other information and where appropriate to attend hearings

New worker codes

• 3.6: Be open and honest with my employer or people who use

services and their carers when care has or may have caused physical, emotional, financial or material harm or loss

• 3.7: Cooperate with investigations into my fitness to practise, or

the fitness to practise of other, undertaken by my employer, the SSSC or another appropriate authority. This may include providing witness statements, documents or other information, and attending hearings

• 5.8: Behave in work or outside of work in a way which would call

into question my suitability to work in social services, including the use of social media

• 6.8: when colleagues work to different professional codes, be

respectful of their responsibilities to meet those codes.

www.sssc.uk.com

Further information

• Thresholds policy
• Referral form and guidance
• Fact sheets about our processes
• Decisions
• Upcoming panels
• Temporary Orders
• Link to Codes of Practice
• Publicity policy
• Where to get help
• And much, much more!

Safer Recruitment Guidance

http://hub.careinspectorate.com/knowledge/safer-recruitment

Safer Recruitment Through Better Recruitment (2016)

• Replaces the 2007 guidance
• Review led by the SSSSC and the Care Inspectorate, with project

board representation from a wide range of key stakeholders including employers from both the statutory and independent sectors, professionals from social work services and human resources, from the regulatory and inspection bodies, Disclosure Scotland, the Home Office and the NHS

• Focus on value based recruitment
• The guidance details robust recruitment processes that can help

employers ensure that unsuitable staff do not gain access to children

• r protected adults
• Online ‘living’ resource accompanied by a downloadable pdf version of

the core text

• Good practice guidance, detailing legislative and regulatory

expectations

Aims:

This guidance is designed to help employers to:

• meet legal and regulatory requirements
• make sure potential applicants are aware of the organisation’s

commitment to the welfare of vulnerable people

• be satisfied that each candidate has demonstrated their suitability

for the specific position

• be satisfied, as far as possible, at each stage of recruitment and

selection that the candidate is safe to practice

• be satisfied at each stage of the process that the best

candidate(s) have been selected to progress to the next stage

• be satisfied of the candidate’s identify, qualifications, registration

and right to work status

• involve people who use care in recruitment and selection.

Layout of the resource

• The guidance supports people through each of the key steps and

stages of the recruitment process outlining each of the key elements, highlighting areas for further consideration at each key stage and provides links to further guidance, tools and practice examples from the social services sector.

• The guidance is separated into the following key stages:

Ø Developing your recruitment policy Ø Defining the post Ø Advertising and Shortlisting Ø Assessing your applicants and offering the post Ø Essential checks Ø Other considerations for safer recruitment Ø Post selection considerations

http://hub.careinspectorate.com/knowledge/safer- recruitment- Demo

We would welcome additional feedback, suggestions, case studies and scenario

• descriptions. Please email hub@careinspectorate.com

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