First-tier Tribunal (Health Education and Social Care Chamber)

Sandra Moore v General Social Care Council [2009] UKFTT 13 (HESC) (05 February 2009)
Schedule 6: Social workers/social care workers - Refusal of registration

SANDRA MOORE

-v-

THE GENERAL SOCIAL CARE COUNCIL

[2008 1414.SW]

-Before-

Melanie Lewis

(Nominated Tribunal Judge)

Richard Beeden

(Specialist Member)

Jennifer Cross

(Specialist Member)

Decision

Heard on 30 January 2008

Care Standards Tribunal Service

18 Pocock Street

London SE1 0BW

Representation

In accordance with an order of the Tribunal dated 5 January 2009 this appeal will be determined on the basis of the papers submitted by the parties before 23 January 2009.

Appeal

The Appellant appeals under Section 68 of the Care Standards Act 2000 against the decision of the Respondent to remove the Appellant from the Social Care Registration as her registration has lapsed.

The burden of proof is upon the Appellant to a balance of probabilities.

The Law

1. The Rules on Registration of Social Workers are now set out in the General Social Care Council (Registration Rules) 2008, which in relevant part state as follows. Rule 6 sets out the duration of the registration which is for three years.

2. Rule 7 sets out the requirements for the renewal of registration, which states as follows.

2. (1) This rule shall not apply to students.

(2) Where an application for renewal of registration is granted by the Council, the Registrant's entry in the Register will be effective for a further period of three years, subject to removal in accordance with the provisions of these Rules or of the Council's Conduct Rules.

(3) Applications for renewal of registration shall be made on the form approved by the Council for the purpose.

(4) The Council shall only grant an application to renew registration where:

(a) it is satisfied that the Applicant has satisfactorily fulfilled any condition or conditions attached to the Applicant's registration; and

(b) it has received satisfactory evidence, as set out in rule 4(3)(a) above, of an

Applicant's -

(i) good character;

(ii) good conduct;

(iii) physical and mental fitness to perform the whole or part of the work of a social worker; and

(iv) competence;

(c) it has received satisfactory evidence that an Applicant has completed the post

registration training and learning requirements set out in SCHEDULE 3; and subject to rule 25, it has received payment of the renewal of registration fee specified by the Council and any annual fee specified in SCHEDULE 2 to these Rules due from the previous period of registration.

3. Rule 9 sets out the conditions for Removal from the register for other reasons

9.

(1) Notwithstanding -

(a) any other provision in these Rules; or

....

(d) any provisions in the Council's Conduct Rules for the removal of a Registrant's

entry from the Register, where the Council receives written notification of the death of a Registrant, evidenced by the original or certified true copy of a death certificate or such other evidence of death that is acceptable to the Council, it shall remove the Registrant's entry from the Register.

(2) Where -

(a) the Registrant has failed to make any application for renewal of registration or to pay the renewal fee set out in SCHEDULE 2 to these Rules before the expiry of the three year period specified in rule 6(1)(a) above, the Council may remove the Registrant's entry from the Register;

(b) the Registration Committee has considered an application for renewal of registration and directed that the Registrant's entry should be removed from the Register, the Council shall remove the Registrant's entry from the Register; or

(c) the Registrant has made an application, in writing, for voluntary removal from the

Register, the Council may remove the Registrant's entry from the Register, unless that Registrant is the subject of a Complaint.

(3) The Council may at its discretion remove a Registrant's entry from the Register, at the request of that Registrant, where the Council is satisfied that the Registrant is registered with another Care Council.

The Evidence before the Tribunal

4. The Appellant is now 65 years of age. She stated that she had been employed in a social work capacity for over 30 years. The Appellant registered as a social worker in 2005 and was registered for 3 years.
5. The Appellant accepts that in June 2007 she had a firm intention to retire. In October 2007 she was asked to chair occasional Child Protection Case Conferences. Her current intention is to undertake this work on an occasional basis, when asked.
6. The Respondent sets out the following chronology. On 29 November 2007 the Appellant was sent a 'renewal pack'. We were helpfully provided with copies of the standard template letters. On 28 July 2008 the Appellant was advised that her registration had lapsed but the Respondent clearly has a policy of giving the applicant 14 days to send in their renewal application, after such time the process begins of removing their name from the Social Care Register. The Appellant was advised that if she wished to remain registered she should notify the Respondent at a given email address. The Appellant was sent a letter on 24 October 2008 in standard form advising her of removal from the Register.

Conclusion

7. We have undertaken our decision-making on the basis that we should consider whether on the evidence at the date of the hearing it was right for the Respondent to exercise his discretion and remove the Appellant from the Register. We unanimously conclude that it was the correct decision.
8. The Appellant had a clear intention to retire so had good reason to let her registration lapse. In particular we noted that the Appellant was prompted by the letter of 28 July 2008 to send in the renewal application at that stage, given that she had by then the prospect of occasional work that she would wish to undertake. She did not do so and gave us no reason for that decision.
9. We consider that her removal from the register by the respondent was a proportionate response, given that they had no reason to keep the Appellant registered and that the Appellant has the opportunity to apply for restoration to the Register under Rule 10.

Accordingly, our decision is that the appeal is dismissed.

APPEAL DISMISSED

Melanie Lewis

(Nominated First Tier Tribunal Judge)

Jennifer Cross

(Specialist Member)

Richard Beeden

(Specialist Member)

Date: 30 January 2009