Introduction
Why are we making changes to the Decisions Guidance?
What changes are we proposing?
When do we plan to bring in these changes?
How can I take part in the consultation and when does it close?
Online events
What happens after the consultation closes?
Introduction
This Scottish Social Services Council (SSSC) consultation sets out our proposals to revise and update our Decisions Guidance for Fitness to Practise Panels and SSSC staff (the Decisions Guidance).
Our Decisions Guidance helps us make proportionate and fair decisions, makes the process transparent and consistent and helps those involved in the fitness to practise process understand how a decision will be reached.
Anyone personally or professionally involved in fitness to practise cases can use the guidance, including:
- individuals using social services who are considering raising a concern with the SSSC about a worker
- workers who are subject to fitness to practise proceedings
- employers who are considering making a referral to the SSSC
- factual and expert witnesses involved in the fitness to practise process
- staff working in the Fitness to Practise Department at the SSSC
- those representing the SSSC and workers during fitness to practise proceedings
- SSSC Fitness to Practise panels.
We are proposing changes to the format and some of the content of the current Decisions Guidance.
You can find out more about what we do, our vision, aims and responsibilities on our About us page.
Why are we making changes to the Decisions Guidance?
The Decisions Guidance came into effect in 2016, and since then only minor changes have been made.
During this period, there have been developments in regulatory law and practice, and there are some key areas to be added, changed or adapted. We have also simplified the language used, where possible.
What changes are we proposing?
You can find the full proposals set out in the consultation survey and there is a link below explaining how to take part in the consultation.
Here are the proposals at a glance.
- We have added numbers to each paragraph to make it easier to navigate.
- We have added more detail with reference to equality, diversity and inclusion.
- We have added discriminatory conduct as a type of particularly serious behaviour.
- We have added further detail in relation to our duties in line with the Human Rights Act 1998.
- We have added reference to conducting fitness to practise processes in a trauma informed way.
- We have added more detail on dishonesty.
- We have introduced references to the duty of candour.
- We have strengthened the language around sexual conduct being particularly serious and have added sexual harassment as an example of particularly serious sexual conduct.
- For warnings, we have added guidance on the length warnings should be for particular types of behaviour.
- We have changed some of the wording around conditions to make it clearer that conditions can only apply to workers and not an employer or third party. We’ve also given some further examples of the types of conditions that may be imposed.
When do we plan to bring in these changes?
Once we have analysed your responses and made any further changes our plan is to launch the revised Decisions Guidance in 2025.
How can I take part in the consultation and when does it close?
The consultation opens on 5 August 2024 and closes on 27 September 2024.
Once you have read the draft revised Decisions Guidance you can give responses to the consultation questions by clicking on the link below.
There are two sections to complete.
- About you.
- The questions.
We will ask if you are responding as someone on our Register, a service employer or provider, a training or learning provider, a member of the public, someone who uses social services or on behalf of another organisation. You will then see the survey questions.
We don’t ask for your name or other personal information. If you reply on behalf of a service or other organisation, we ask for the name of the service or organisation.
Go to the consultation form to reply
Online events
You can also get involved at an online event. We are running events in August and September 2024 where we will explain the proposals and you can ask questions and give us your feedback.
To book, click on a date, register for the event and nearer the time we will send you a link to join.
| Date | Time |
|---|---|
| 20 August 2024 | 10.00am - 11.00am |
| 29 August 2024 | 5.30pm - 6.30pm |
| 4 September 2024 | 2.00pm – 3.00pm |
What happens after the consultation closes?
After the closing date we will analyse the information and feedback. We aim to launch the revised Decisions Guidance in 2025.