Scottish Social Services Council (SSSC) Solicitors Glasgow

The Scottish Social Services Council (SSSC) is responsible for registering people who work in social services and regulating their education and training. Social service workers include people working in social work and social care, such as care home services for adults and children/young people in the community and early years settings such as nurseries or out of school care clubs. The SSSC's Codes of Practice for Social Service Workers and Employers sets out the standards social workers, social care, early years and young people's workers and their employers should meet.

SSSC Legal Advice from our Glasgow Solicitors

The Code of Practice for Social Service Workers is a list of statements that describe the standards of professional conduct and practice required of social service workers as they go about their daily work.The Code of Practice for Employers of Social Service Workers sets down the responsibilities of employers in the regulation of social service workers. The Code requires that employers adhere to the standards set out in their Code, support social service workers in meeting their Code and take appropriate action when workers do not meet expected standards of conduct.

The Code dictates that Social service workers must:

• Protect the rights and promote the interests of service users and carers
• Strive to establish and maintain the trust and confidence of service users and carers
• Promote the independence of service users while protecting them as far as possible from danger or harm
• Respect the rights of service users whilst seeking to ensure that their behaviour does not harm themselves or other people
• Uphold public trust and confidence in social services
• Be accountable for the quality of their work and take responsibility for maintaining and improving their knowledge and skills.

If an SSSC Registrant is alleged to breach the Code, they may have to attend an SSSC Committee hearing to answer the allegation. The SSSC, in investigating an allegation, may seek a Temporary Order (formerly known as an Interim Order) to suspend the Registrant pending the outcome of an investigation. Naturally, this may have an economic impact on the Registrant in both the short term and long term. An SSSC Registrant may oppose attempts by the SSSC to suspend them under a Temporary Order, and the individual is entitled to be represented by a solicitor for this purpose. The test that the Committee will deploy is whether the Temporary Order is necessary for the protection of the public, in the public interest or in the interests of the Registrant.

If the SSSC investigators ultimately determine that there is a case to answer, the matter may be escalated to Conduct and Competence Hearing whereby, the Registrant would be invited to attend the Hearing to accept or deny allegations of misconduct and to accept or deny that such allegations impact upon their fitness to practise. If the Registrant contests the allegations, a proof will be fixed and evidence led by both parties. Evidence can be in the form of oral testimony by witnesses, documented witness statements or productions such as patient reports, progress reports, case notes, CCTV, tape recorded evidence and so on. Again, the Registrant is entitled to instruct a solicitor to represent his or her interests in a proof. In some cases, particularly where there has been a serious procedural failure, it may also be possible to challenge an SSSC decision by way of judicial review.

Frequently Asked Questions About SSSC Suspensions

What does it mean if someone appears on the SSSC's suspension list?
The SSSC publishes fitness to practise decisions on its website. An entry showing a suspension means the person's registration has been temporarily restricted — either as a Temporary Order (formerly called an Interim Order) while an investigation or hearing is ongoing, or as a sanction imposed after a Fitness to Practise Hearing has already taken place.

How long does an SSSC suspension last?
A Temporary Order can be imposed for up to two years and may be extended if the SSSC's investigation or hearing process is still ongoing. Suspension decisions made after a full hearing remain published on the SSSC's public register until the sanction is spent; a removal from the register stays listed for three years.

Can an SSSC suspension be challenged or reviewed?
Yes. A Temporary Order must be reviewed periodically, and a Registrant can be represented at that review, as well as at any full Fitness to Practise Hearing that follows. In some cases involving serious procedural failures, an SSSC decision may also be challenged by judicial review.

How can a solicitor help during an SSSC suspension?
A solicitor can represent you at the hearing where a Temporary Order is first considered, argue for less restrictive conditions instead of suspension where appropriate, prepare your case ahead of a full Fitness to Practise Hearing, and advise on next steps if the outcome needs to be challenged.

SSSC Lawyers Glasgow, Scotland

If you require SSSC representation please contact Alan Gravelle for a quote on 01414292262.