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Words and phrases we use during the fitness to practise process

A

Appeal - If a registered person disagrees with a panel's decision, they may be able to appeal against the decision by applying to the Care Standards Tribunal.

B

Barred list - A list kept by the Disclosure and Barring Service (DBS) of people who are not allowed to work with adults or children (or both).

Breakout room - A virtual private room where attendees take breaks during a hearing.

C

Care Standards Tribunal (CST) - The independent tribunal that considers requests for extensions to interim orders and appeals against panel decisions.

Charges - Allegations against the individual being investigated.

Clerk - A staff member at Social Care Wales who is the main point of contact for anyone attending a hearing. They're responsible for the administrative duties and aren't involved in any decision making.

Code of Professional Practise (The Code) - A set of rules, or standards, that care professionals must work to. They help keep users of care and support and the public safe.

Complainant - A person or organisation (including a member of the public, an employer or a higher education institution) that refers a concern or complaint about a registered person to us.

Conditions of practice / conditional registration order - Where the panel puts conditions on a registered person’s practice for a specific period of time, if they think it necessary to protect the public, is otherwise in the public interest or in the registered person’s interests. The registered person is expected to meet the conditions and, where relevant, provide a review hearing with evidence that they have complied the conditions.

Conduct - The registered person's behaviour.

E

Evidence - Information gathered by the fitness to practise officer relating to a case, which can include information (evidence) the registered person has given us. Evidence is anything that we or the registered person think could be used to help the panel considering the allegations. This includes letters, reports, CCTV footage, videos taken on a mobile phone or files relating to disciplinary proceedings. A panel is given evidence to look at in a hearing.

F

Face to face hearing - A hearing where people attend in person, for example, at our offices in Cardiff or another venue with a suitable room for a hearing.

Fitness to practise team (FTP) - The team who carry out investigations.

Fitness to practise officer (FTPO) - A member of staff at Social Care Wales who carries out investigations.

H

Hearing outcome - The decision the panel make at the end of a hearing.

Hearing - A formal meeting at which a panel makes a decision. This is like a court or tribunal hearing.

I

Interim conditional registration order (ICRO) - We can ask a panel to put interim conditions on a registered person’s practice if we consider it necessary to protect the public, otherwise in the public interest or in the registered person’s interests. The registered person is expected to meet the conditions and, where relevant, provide a panel hearing with evidence that they have complied with the conditions.

Impairment - If a registered person is 'impaired' it means a panel thinks they're unsafe to practise as a social care worker.

In absence - When a hearing takes place without the registered person present.

in camera - When the panel deliberate or discuss a case in private.

Insight - An understanding of something that has happened in terms of how it came about, the role that the person played in bringing it about, how it affected others and, where relevant, how it can be prevented in future.

Integrity - The quality of being honest and having strong moral principles.

Interim - For the time being, not permanent.

Interim order - A temporary outcome which is in place while an investigation is underway. It may be in place for up to 18 months, or longer where extended by the Care Standards Tribunal. An interim order will be reviewed by a panel hearing every 6 months.

Investigation - When an allegation is made against a registered person, a fitness to practise officer investigates and collects information to allow them to assess the allegation and what to do about it. This evidence can be given to a panel at a hearing to help them make a decision. The evidence given to the panel is called 'a bundle'.

Interim orders panel (IOP) - The panel who deliberate interim orders.

Interim suspension order (ISO) - An order which suspends a registered person's right to work in a regulated social care setting for a set period of time. An interim suspension order will be visible on the Social Care Wales Register for as long as it is in place.

L

Legal advisor - A solicitor who provides independent legal advice to the panel to help them make a decision about a case. They help to ensure the hearing is fair and lawful. They don't take part in the panel's decision making process.

M

Medical advisor - A doctor we've appointed to provide independent advice who can explain to the panel what any medical or clinical terms mean. They don't take part in the panel's decision making process.

Misconduct - Unacceptable or improper behaviour.

N

Notice of decision letter - A letter which confirms a panel hearing outcome and includes the panel’s reasons. Letters can be sent by e-mail or post.

Notice of hearing - A letter inviting a registered person to a hearing or meeting. Letters can be sent by e-mail or post. The letter includes the evidence the panel will be looking at.

P

Panel - Every hearing has a panel of 3 members, including: a Chair who is a lay member; a social care member who is someone who may be registered with us and has experience in working in social care; and a lay member who doesn't necessarily have any experience of working in social care but who may have experience of using social care.

Panel deliberation - When the panel discuss the case in private and make a decision.

Party - Someone involved in proceedings. For example, Social Care Wales is a party and the registered person is a party.

Pre hearing review meeting - A meeting held to make administrative arrangements for a fitness to practise hearing. The registered person is invited to attend this meeting.

Presenter - The person who acts on behalf of Social Care Wales and presents the case to the panel. They're usually a solicitor.

Private hearing - Members of the public and press can't attend this hearing. Only the persons involved in the hearing are able to attend.

Protection of the public - To keep the public safe. The focus of a panel is to protect the public, not to punish the registered person.

Public hearing - A hearing that's open to the public and where the press may be present. Some hearings may include parts that are held in private, and the public will be asked to leave for these parts.

R

Referrer - The person who sent us information about a registered person's alleged behaviour. This could be a former or current employer, a member of the public or the police.

Registered person - A person who is registered with Social Care Wales.

Remorse - Feelings of deep regret or guilt, usually in relation to an act, omission or outcome.

Remote hearing - A hearing held online on Zoom.

Removal order - When a registered person's entry on the Register is removed by a panel following fitness to practise proceedings and they're no longer able to practise in a registered social care role.

Representative - Someone who represents a registered person at a hearing and speaks on their behlaf. This could be a solicitor, barrister, trade union rep, or someone else.

S

Social Care Wales list of persons removed from the Register - A list of people who've been removed from the register by a fitness to practise panel. The people on this list can't work in a registered social care role in Wales.

Social Care Wales Register (The Register) - A Register of people who are registered with Social Care Wales. You can find the Register on our website.

Supported hearing - A hearing held on Zoom where the registered person has been given access to the Social Care Wales office to use our equipment to take part in the hearing.

T

The Act - The Regulation and Inspection of Social Care (Wales) Act 2016.

U

User of care and support - A person who uses care and support services.

W

Witness - Someone who talks about and answers questions about a complaint or allegation at a hearing.

Witness statement - A written statement about a witness's account of what happened. A fitness to practice officer helps the witness with their statement. The witness can be called to attend a hearing to give evidence and answer questions about their statement.

Written submission - When a registered person gives the panel their response to the allegations in an email or letter.

Z

Zoom - A video conferencing platform we use to hold online hearings.