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You are here: BAILII >> Databases >> First-tier Tribunal (Health Education and Social Care Chamber) >> Smith v General Social Care Council [2009] UKFTT 15 (HESC) (05 February 2009) URL: http://www.bailii.org/uk/cases/UKFTT/HESC/2009/15.html Cite as: [2009] UKFTT 15 (HESC)

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Smith v General Social Care Council [2009] UKFTT 15 (HESC) (05 February 2009)
Schedule 6: Social workers/social care workers - Cancellation of registration

MARGARET ANN SMITH

-v-

THE GENERAL SOCIAL CARE COUNCIL

[2008 1423.SW]

-Before-

Melanie Lewis

(Nominated Tribunal Judge)

Richard Beeden

(Specialist Member)

Jennifer Cross

(Specialist Member)

Decision

Heard on 30 January 2008

Care Standards Tribunal Service

18 Pocock Street

London SE1 0BW

Representation

In accordance with an order of the Tribunal dated 5 January 2009 this appeal will be determined on the basis of the papers submitted by the parties before 23 January 2009. We have additionally considered the Appellant's response by email dated 29 January 2009 which we considered because it was essentially only adding an additional 2 paragraphs to her response filed in time

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 her 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.

2. 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

3. The Appellant was registered as a Social Worker in 2005 for 3 years. On 9 January 2008, a 'renewal pack' was sent to the Appellant who accepts that she received that renewal pack. In her reasons for appeal she accepts that there was a delay in returning it and says that this was due to 'financial difficulties', although she does not say what those were. She only says that previously her organisation had paid for her registration, but this had changed in February 2008. We also noted that the Council's log of correspondence with the appellant shows that the appellant has been late paying both of her annual payments to maintain her registration since her original registration in 2005.
4. The Appellant accepts that she was aware that her registration was due to expire in February 2008.
5. In her reasons for appeal the Appellant states that her paperwork was completed on 26 June 2008 and verified by her manager on 1 July 2008.
6. On 17 June 2008 the Respondent sent out a standard form letter telling the Appellant that her period of registration had expired and that unless a renewal application was received within the next 14 days, the process would begin of removing her name from the Social Care Register. On 3 October 2008 the Appellant was removed from the Social Care Register, as the Respondent had received no application for renewal.
7. There are a number of factual matters in dispute. The Appellant claims that she notified the Respondent in April 2008 by email that there was a delay in renewing her Social Work Registration. She claims she was advised to do this by the Department of Human Resources, of her then-employer, Leeds City Council. The Respondent has no record of receiving that email. The Appellant states that the paperwork was signed and completed on 26 June 2008 and verified by her line manager on 1 July 2008. Documents were sent to the senior manager to be endorsed. Whilst she states that they got misplaced, she has filed no further detail or supporting evidence on that point. The Appellant accepts that with hindsight she should have taken on more responsibility for chasing up her managers to send in the required paperwork.
8. The Appellant complains that the Respondent sent correspondence to the wrong address and that she had notified them that she had changed address. She did not produce a letter or other evidence to support that.
9. The Respondent made clear to the appellant that she could apply for restoration as a social worker.

Conclusion

10. 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.
11. We unanimously conclude that it was the correct decision.
12. It was clear that the Appellant did get the initial 'renewal pack' because she started to prepare her application. It is her personal responsibility as required by the Act to get re-registered before her current registration expired. That must include chasing up her employers and taking such other action as may be necessary to achieve that in a timely manner prior to 22 February 2008. She clearly did not do so.
13. The Appellant disputes having got the notice on 17 June 2008. The print out of the Appellant's record on the Respondent's database records that she was sent a standard letter, which we are aware is sent to her home address.
14. 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.
15. The appropriate course now is for the Appellant to apply for renewal of registration. We emphasise that she must take responsibility for this and cannot leave it to her employer or anyone else. It is also for her to take such steps as she considers necessary to protect her position should these administrative processes go wrong. We were also mindful that being familiar with relevant legislation, working within regulations, dealing with large bureaucratic organisations and processes are all part of the core competences of a competent social worker and as such are matters with which the appellant is fully familiar. The appellant provided us with no evidence to justify her failure to apply those competences to maintaining her registration in a proper manner.

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

APPEAL DISMISSED

Melanie Lewis

(Nominated First Tier Tribunal Judge)

Jennifer Cross

(Specialist Member)

Richard Beeden

(Specialist Member)

Date: 5 February 2009