How to respond if a member is refused registration by GSCC

The General Social Care Council (GSCC) process on fitness to practice became operational form the 1 April 2005. The information below is only a shortened summary of the process and how it may effect members who fail to gain registration because they are found to be unfit to practice.

In the first instance the member will have applied to the GSCC on the appropriate forms and will have included the necessary written confirmation of qualification and health. When the Council is minded to refuse or place conditions on an applicant's registration the application is referred to the Registration Committee.

At least 28 days before the registration committee meeting the applicant will receive a Notice of Referral, which will set out the following:

• The date, time and venue of the meeting;
• Set out any proposed conditions on an applicant's registration and the reasons for such a proposal (if applicable);
• Set out any reasons for refusing an application for registration (or renewal for registration, or for removal of registration) (if applicable);
• Set out the applicants right to make written representations to the Council, within 14 days of service of the Notice;
• Inform the applicant of their right to make an application for an oral submission to the registration committee;
• And enclose copies of any of the material to be put before the Registration Committee.

When a decision has been reached by the Registration Committee the applicant's right to appeal to the Care Standards Tribunal (CST) will be in the Notice of Decision.

In the majority of cases there will be no problem with registration but in some cases there may be questions about the registrants health, competence or qualification. In health cases the requirement is that you must show "Physical and mental fitness to practise the whole or part of the work of a social worker". If registration is refused on health grounds the individual registrant can apeal to the Care Standards Tribunal (CST).

The applicant only has a right of appeal to the CST, they do not have a right to appeal to the Registration Committee, they can apply as previously stated for an oral submission and make written representations. The Council will only grant an application for renewal of registration where:

1. The Council is satisfied that the registrant has satisfactorily fulfilled any condition or conditions attached to the registrants registration;
2. Satisfactory evidence of:
   • good character;
   • good conduct;
   • good health;
   • competence;
3. Satisfactory evidence that the registrant has completed the post registration training and learning requirements
4. Has received the payment for renewal.

The member may already be removed form the register in which case we can make an application to the council for restoration. If the registrant has been removed by a decision of the registration committee then this cannot be done.

A registrant can be removed from the Register by the Registration Committee upon the following:

• Failure by the Registrant to make an application for renewal of Registration before the expiry of the three year period;
• Where the Council is not minded to grant an application for renewal (please see above);
• Application in writing, by the Registrant, for removal from the Register.

An application can be made to the Registration Committee for restoration to the Register on points 1 and 3 above. The application for restoration must be accompanied by the payment of the Restoration fee set by the Council. The Council will treat an application for restoration as an initial application for Registration. All applications for restoration where removal from the Register was made as a result of a determination made by the Council's Conduct Committee, shall be made in accordance with the procedure set out in the Conduct Rules.

In such cases the application is treated as an originating application and the process as laid out in Rule 4 of the GSCC rules (in other words a normal application) will apply. At this stage we can make an application to the registration committee to make an "oral submission" on behalf of the member. The registration committee may appoint a medical adviser to offer an opinion on the member's fitness to practice. We can comment on that advice or submit our own.

When the Registration Committee is considering health condition, a medical advisor will always be present to offer advice to the Committee on the applicant's condition.

The member should have received a letter, the Notice of Referral, 28 days in advance of the registration committee meeting informing her/him of a hearing and exactly what the procedure would be. All of Notices are sent via special delivery and service is treated as having taken place on the day after the Notice was posted. If this has not been done we need to pursue this also.

Under the GSCC's (Registration) Rules 2003, social care workers have the right to appeal to the Care Standards Tribunal about any decisions made against them by the council's registration committee, and the procedure for making appeals is described below.

The Care Standards Tribunal

The Care Standards Tribunal is the name given to the Tribunal established under Section 9 of the Protection of Children Act 1999. A Tribunal is a judicial body established by the government to inquire into a specific matter.

The applicant has a right to appeal to the Care Standards Tribunal against this decision no later than 28 days of service of notice of it. (Service is treated as having taken place on the day after the notice was posted by registered post or recorded delivery).

The member should note that, except in the case of refusal of registration, the registration committee's decision will take effect 28 days after service of the notice or, in the event of an appeal to the Care Standards Tribunal, when such appeal is finally determined or abandoned.

Section 68 of the Care Standards Act 2000 states that the Care Standards Tribunal will either confirm the registration committee's decision or direct that it shall not have effect. It also has power to vary any condition for the time being in force in respect of the person to whom the appeal relates, to direct that any such condition shall cease to have effect or to direct that any such condition as it thinks fit shall have effect in respect of the Applicant.

To lodge an appeal or to find out more information about the Care Standards Tribunal the member should contact their branch or regional office or the professional services unit on the email address on this page.

More information on the registration process can also be found on the GSCC website at:
www.gscc.org.uk/care_help.htm