Children's social workers 'face suspension without hearing' under regulator plans

Nagalro, a professional association for social workers, said it is deeply concerned draft regulations for Social Work England, which is due to launch in September, would see social workers at risk of being suspended from practice by administrators at the regulator.

It said this could be done before any formal malpractice charges have been laid against them and without the opportunity to put their case to an independent tribunal.

At present, social workers are regulated by the Health Care Professions Council, which investigates any allegations made against a social worker.

If it is believed that the social worker should be suspended from practice, or restricted in the work that they can do, before formal disciplinary proceedings are commenced, an urgent hearing can be convened in front of a disciplinary tribunal that will listen to the regulator's concerns and the social worker's response, before coming to an independent decision about what should happen.

But Nagalro said this would no longer be the case under the new proposals.

"Under the proposed new regime, the decision would be taken by the administrator investigating the case," a statement issued by Nagalro said.

"Although there is a right of appeal to the High Court, this is expensive and complex. Even if the appeal were successful, a social worker's career may have already been destroyed before they have been formally charged with any wrong-doing, let alone convicted."

Nagalro also warned that it does not believe that the proposals comply with the requirements of the Human Rights Act, which guarantees everyone a "fair and public hearing" before "an independent and impartial tribunal".

Under plans that went out to consultation earlier this month, the Department for Education also wants to hand Social Work England the power to place conditions on the type of work that can be done by social workers who do not meet expected professional standards.

Meanwhile, social workers will only be registered if their English language skills are up to scratch. A lack of English language proficiency would also be grounds for fitness to practise proceedings.

Plans to establish a new, dedicated social worker regulator were first announced in January 2016. Social Work England will operate as a non-departmental public body. The consultation will run until 21 March 2018.