This is an official Northern Trust policy and should not be edited in any way Referral of Social Work/Social Care Staff to the Northern Ireland Social Care Council Reference Number: NHSCT/10/300 Target audience: Social Work, Social Care Staff and their Managers Sources of advice in relation to this document: Patrick Graham, Assistant Director Primary Care and Community Care for Older People s Services Replaces (if appropriate): N/A Type of Document: Trust Wide Procedure Approved by: Northern Trust Senior Management Team and Executive Director of Social Work Date Approved: 4 May 2010 Date Issued by Policy Unit: 24 June 2010 NHSCT Mission Statement To provide for all the quality of services we would expect for our families and ourselves 1
Referral of Social Work/Social Care Staff to the Northern Ireland Social Care Council Guidance Notes These notes should be read alongside the Northern Ireland Social Care Councils (NISCC) guidance on the Registration and Regulation of the Social Care Workforce, including the guidance attached to the Employers Referral Forms for both Registered and Unregistered Workers. In summary the NISCC should be informed in the following circumstances: When a worker is dismissed, regardless of any intention to appeal. When a worker resigns during a disciplinary investigation. When a worker is suspended pending the outcome of a disciplinary investigation. When the employer becomes aware of a criminal charge or conviction against the worker. Any other circumstance which the employer feels may have a bearing on the worker s registration. Within the Northern Health & Social Care Trust (NHSCT) the responsibility for making referrals to the NISCC has been delegated to the relevant Directorate Social Work Lead (Asst Director) who will also keep the Director of Social Work informed of such referrals. The attached flow chart and sample letters are provided as a guide in the process of referral. A key principle being that the staff member involved is informed of any referral to NISCC. Investigations/Disciplinary Investigations It is important that any investigation/disciplinary investigation into the conduct of a social care worker or social worker includes reference to the NISCC Codes of Practice as information will be requested as to how the individual s conduct related to the Codes of Practice. Should a case result in a disciplinary hearing where the allegations relate to a breach of the NISCC Codes of Conduct, the panel should consider a suitably qualified experienced person from the same profession to attend the Hearing as a expert advisor see paragraph 6.3a of the NHSCT Disciplinary Procedure. 2
The NHSCT Disciplinary Procedure at paragraph 5c also makes reference to the Trusts duty to make referrals to relevant professional bodies, including NISCC. This is also referenced on Appendix E of the procedures on the proforma that is headed Disciplinary Hearing Proforma for decision making process. Post-Referral Considerations Following referral to NISCC there will be further requests from NISCC for information from the NHSCT. Consideration should be given by the referring officer to discuss such requests with the Information Governance Officer. 3
Stage 1 Suspension of staff member/ concern re practice brought to Directorate Social Work Lead Directorate Social Work Lead (Asst Director) to notify NISCC of suspension/concern regarding practice. Directorate SW Lead to ensure disciplinary authority includes reference to NISCC Codes of Practice in any investigation Standard Letter to be sent to NISCC copied to Executive Director SW/HR Line Manager & staff member (Letter 1) Stage 2 NISCC informed of outcome of investigation Standard Letter to be sent to NISCC copied to Executive Director SW/HR Line Manager & staff member (Letter 2) Outcome may be to proceed to Disciplinary Hearing Outcome may be issuing of informal warning Outcome may be no further action to be taken Standard Letter to be sent to NISCC copied to Executive Director SW/HR Line Manager & staff member (Letter 3) NISCC to be informed of outcome of disciplinary proceedings by Asst Director Stage 3 Outcome may be issuing of sanction Outcome may be no further action Standard Letter to be sent to NISCC copied to Executive Director SW/HR Line Manager & staff member (Letter 4) Asst Director to refer staff member to NISCC using appropriate referral form Use NISCC forms & inform (if known) if staff member has appealed Exec Director SW/ HR/Line Manager/ Staff member to be informed of referral Stage 4 NISCC requests further information from referring Asst Director Asst Director consults Information GovernanceOfficer re request from NISCC Outcome of appeal to be communicated by Asst Director to NISCC Exec Director SW/ HR/ Line Manager/ Staff member to receive copy of letter to NISCC Asst Director collates and returns information to NISCC 4
Letter 1 INSERT NAME OF DEPARTMENT Conduct Manager Northern Ireland Social Care Council Millennium House 19-25 Great Victoria Street Belfast BT2 7AQ Date: Our Ref: Your Ref: Dear Sir/Madam I wish to notify you that the individual named below has been suspended from their post within the Northern Health & Social Care Trust: Title (Mr, Mrs etc) First Name Surname Address Town Postcode Job Title Work Location NISCC Registration Number (if known) National Insurance No: 5
I will inform you in due course of the outcome of the investigation of this matter. Yours sincerely Insert Name: Insert Title: Enc Cc Executive Director of Social Work Director of Human Resources Line Manager Staff Member 6
Letter 2 INSERT NAME OF DEPARTMENT Conduct Manager Northern Ireland Social Care Council Millennium House 19-25 Great Victoria Street Belfast BT2 7AQ Date: Our Ref: Your Ref: Dear Sir/Madam Following on from our previous correspondence dated in relation to:- Title (Mr, Mrs etc) First Name Surname Address Town Postcode Job Title Work Location NISCC Registration Number (if known) National Insurance No: 7
I wish to inform you the Trust has decided that; (a) No further action is required (b) An investigation under Trusts Disciplinary Procedure will commence. (Delete as appropriate) I will inform you in due course of the outcome of the Trust Disciplinary Investigation. Yours sincerely Insert Name Insert Title Enc Cc Executive Director of Social Work Director of Human Resources Line Manager Staff Member 8
Letter 3 INSERT NAME OF DEPARTMENT Conduct Manager Northern Ireland Social Care Council Millennium House 19-25 Great Victoria Street Belfast BT2 7AQ Date: Our Ref: Your Ref: Dear Sir/Madam Following on from our previous correspondence dated in relation to:- Title (Mr, Mrs etc) First Name Surname Address Town Postcode Job Title Work Location NISCC Registration Number (if known) National Insurance No: 9
I wish to inform you the Trust decision following the investigation under its disciplinary proceedings is; (c) No further action is required (d) To issue an Informal Warning (e) To proceed to Disciplinary Hearing (Delete as appropriate) I will inform you in due course of the outcome of any sanctions as a result of the Trust Disciplinary Hearing. Yours sincerely Insert Name Insert Title Enc Cc Executive Director of Social Work Director of Human Resources Line Manager Staff Member 10
Letter 4 INSERT NAME OF DEPARTMENT Conduct Manager Northern Ireland Social Care Council Millennium House 19-25 Great Victoria Street Belfast BT2 7AQ Date: Our Ref: Your Ref: Dear Sir/Madam Following on from our previous correspondence dated in relation to:- Title (Mr, Mrs etc) First Name Surname Address Town Postcode Job Title Work Location NISCC Registration Number (if known) National Insurance No: 11
I wish to inform you the Trust disciplinary hearing was completed on. The outcome of the Trust disciplinary hearing was: (a) The allegation/s were not proven (b) The allegation/s were proven and the sanction was The Trust disciplinary procedure on this matter is now complete. Yours sincerely Insert Name Insert Title Enc Cc Executive Director of Social Work Director of Human Resources Line Manager Staff Member 12