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

Schedule 6: Social workers/social care workers
Category Cancellation of registration

[2009] UKFTT 23 (HESC)

PETER BAIRD

-v-

THE GENERAL SOCIAL CARE COUNCIL

[2008 1449.SW]

-Before-

IAN ROBERTSON

(Nominated Tribunal Judge)

MARILYN ADOLPHE

(Specialist Member)

LINDA REDFORD

(Specialist Member)

Decision

Heard on 16 March 2009

Care Standards Tribunal Service

18 Pocock Street

London SE1 0BW

Representation

In accordance with an order of the Tribunal dated 2 March 2009 this appeal will be determined on the basis of the papers submitted by the parties before 9 March 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 his 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.

7 (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 was registered as a Social Worker on 4 May 2005 for 3 years. On 7 February 2008, a 'renewal pack' was sent to the Appellant.
5. His original Notice of Appeal states as follows;

" I have been a social worker for 48 (blameless!) years. My registration with the GSCC is number 1059220. I have been notified that my name has been removed as lapsed. But I filled in all the forms in good time, in November 2008. They were returned for verification by my intermittent employer, Reed Social Care. Unfortunately Reed have sat on the papers and not submitted them to GSCC. Thus I am completely blameless in this matter. Please ask the GSCC to give me a week's grace to get the papers to them"

6. On 27 October the Appellant telephoned the Respondent seeking a further renewal pack. They heard nothing further and on 9 December he was informed that his application had lapsed. On 18 December the Appellant telephoned asking for a further form to record his post registration Training and Learning record. Nothing further was heard and therefore a further letter was written on 22 January confirming that the registration had lapsed.

Conclusion

7. We have undertaken our decision-making on the basis that we should consider whether or not given 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.
8. We unanimously conclude that it was the correct decision.
9. What is clear in this case is that the GSCC have bent over backwards to accommodate the Applicant. He does not deny receiving the original renewal pack which he appears to have mislaid. He requested a further renewal pack 6 months after his registration had expired but by 18 December had lost an important form within that pack. He blames his agency for failure to submit his application. He uses the phrase "I filled in the forms in good time" to describe an action taken 6 months too late and then claims that he is "blameless".
10. It is the responsibility of the individual to ensure that they maintain their registration. It is their individual responsibility to ensure that the time for re-registration does not pass. There is no excuse when given a third chance in December not to have submitted the forms. The responsibility is his and his alone, to blame his employers is in our view an abject avoidance of responsibility.
11. In the circumstances we are satisfied that the Respondent responded in a proportionate manner having given the appellant information in good time in clear terms, several ways and opportunities to avoid deregistration even some months after the due date and given that the appellant could apply to restore his social work status under rule 10.
12. We think it would be helpful to set out Rule 10 of the General Social Care Council (Registration) Rules 2008 as careful consideration of these really impacts upon this appeal and leaves us wondering why this route was not followed;

"10(1) Save where removal from the register was a result of a determination made by the Council's Conduct Committee, an application for restoration may be made to the Council."

Where such an application is made there is payment of a fee and the application is then treated as an initial application.

13. The appropriate course now is for the Appellant to apply for restoration of registration.

Accordingly, our Unanimous decision is that the appeal is dismissed.

APPEAL DISMISSED

Date: 23rd March 2009