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

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

[2009] UKFTT 24 (HESC)

GEOFFREY HAWORTH

-v-

THE GENERAL SOCIAL CARE COUNCIL

[2008 1446.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 26 February 2009 this appeal will be determined on the basis of the papers submitted by the parties before 9 March 2009. We have additionally considered the Appellant's response by letter dated 10 March 2009 which we will summarise below.

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 21 April 2005 for 3 years. On 24 January 2008, a 'renewal pack' was sent to the Appellant. He claims he never received this although it is clearly logged as having been sent and there is no issue in this case of a change of address.
5. His original Notice of Appeal states as follows;

"My registration expired in April 2008. However I received no notice of this and I did not re-register in time. Consequently I have been "struck off" and have been advised by GSCC I have to appeal to the Tribunal to be re-instated. I accept I have to re-register for a further three years, pay the fee and provide updated information and records of training which I am happy to do. Therefore the result I am seeking is a decision to complete the re-registration process and to be restored to the register on a temporary basis in the meantime. "

6. In his letter of 10 March he raises several new issues. He says he did in fact submit an application in August which was signed by a senior manager. This was not raised previously by him. It was not backed up by a copy of the application nor proof of posting such as a recorded delivery slip. It is not logged as having been received by the GSCC. We are surprised if such an application was sent in August that it was not mentioned in his original appeal Notice. We can place no weight on this submission and dismiss it accordingly.
7. The Appellant also states as follows;

"I would contend that if I had received the original letter or even a reminder between January and April this matter could have been resolved in good time. Each time I have since received a letter from GSCC I have responded immediately…."

8. On 7 August 2008 the Respondent sent out a standard form letter telling the Appellant that his period of registration had expired and that unless a renewal application was received within the next 14 days, the process would begin of removing his name from the Social Care Register. He contacted them on 13 August and said he would submit the application but as already stated this was never received nor did the Appellant contact the GSCC to enquire whether it had been received. On 28 November 2008 the Appellant was removed from the Social Care Register, as the Respondent had received no application for renewal.

Conclusion

9. 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.
10. We unanimously conclude that it was the correct decision.
11. The Appellants comments in his letter of 10 March 2009 quoted at paragraph 7 above go to the heart of this matter. They amount to a complete abdication of personal responsibility. There is no excuse for the Appellant not seeking renewal in time. Even if he did not receive the renewal pack, which we are satisfied was sent, it was his responsibility to chase matters with the GSCC.
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. 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 her social work status under rule 10.
14. 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