Care Standards (c. 14)

(The document as of February, 2008)

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(i) may or must be so provided by local authorities; or

(ii) may or must be provided by Health Authorities, Special Health Authorities, NHS trusts or Primary Care Trusts.

(3) This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).

(4) The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2).

Part III Local Authority Services

43 Introductory

(1) This section has effect for the purposes of this Part.

(2) "Relevant functions", in relation to a local authority, means relevant adoption functions and relevant fostering functions.

(3) In relation to a local authority--

(a) "relevant adoption functions" means functions under the [1976 c. 36.] Adoption Act 1976 of making or participating in arrangements for the adoption of children; and

(b) "relevant fostering functions" means functions under section 23(2)(a) of the 1989 Act or regulations under any of paragraphs (a), (b) or (d) to (f) of paragraph 12 of Schedule 2 to that Act.

44 General powers of the Commission

The Commission may at any time give advice to the Secretary of State on--

(a) any changes which the Commission thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of relevant functions, in the standards set out in statements under section 49; and

(b) any other matter connected with the exercise by local authorities in England of relevant functions.

45 Inspection by registration authority of adoption and fostering services

(1) Subject to section 47(6)--

(a) the registration authority may at any time require a local authority to provide it with any information relating to the discharge by the local authority of relevant functions which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part;

(b) a person authorised to do so by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, by a local authority in its discharge of relevant functions.

(2) A person authorised by virtue of this section to enter and inspect premises may--

(a) inspect and take copies of any documents or records relating to the discharge by the local authority of relevant functions;

(b) interview in private any employee of the local authority.

(3) The powers under subsection (2)(a) include--

(a) power to require the local authority to produce any documents or records, wherever kept, for inspection on the premises; and

(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(4) Subject to section 47(6), the Secretary of State may by regulations require the Commission to arrange for premises which are used by a local authority in its discharge of relevant functions to be inspected on such occasions or at such intervals as may be prescribed.

(5) Subsections (8) and (9) of section 31 shall have effect as if any reference in them to section 31 included a reference to this section and section 46.

46 Inspections: supplementary

(1) A person authorised by virtue of section 45 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with the regulatory requirements.

(2) A person so authorised--

(a) may require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 45 or this section;

(b) may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(3) A person authorised by virtue of section 45 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) Where any premises which are used by a local authority in its discharge of relevant functions have been inspected under section 45, the registration authority--

(a) shall prepare a report on the discharge by the local authority of relevant functions; and

(b) shall without delay send a copy of the report to the local authority.

(5) The registration authority shall make copies of any report prepared under subsection (4) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.

(6) Any person who asks the registration authority for a copy of the report shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.

(7) In this section and section 47 "the regulatory requirements" means the requirements of regulations under--

(a) section 48;

(b) section 23(2)(a) of the 1989 Act (regulations about the placing of children with foster parents);

(d) section 1(1) of the [1999 c. 18.] Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).

(8) Where the Secretary of State has specified regions in a direction made under paragraph 9 of Schedule 1, the reference in subsection (5) to offices is, in relation to premises in England which are used by a local authority in its discharge of relevant functions, a reference to the Commission's offices for the region in which the premises are situated.

47 Action following inspection

(1) If the Commission considers at any time--

(a) that the discharge by a local authority of relevant functions fails to satisfy the regulatory requirements; and

(b) that the failure is substantial,

it shall report that fact to the Secretary of State.

(2) Subsections (3) and (4) apply in relation to a local authority where--

(a) a person authorised by the Commission has exercised in relation to the authority any power conferred by section 45(1)(b); or

(b) the Commission has given the authority a notice under subsection (5) and the time specified (in accordance with paragraph (b) of that subsection) in the notice has expired.

(3) If the Commission considers that the discharge by the authority of relevant functions satisfies the regulatory requirements, it shall report that fact to the Secretary of State.

(4) If the Commission considers that the discharge by the authority of relevant functions fails to satisfy the regulatory requirements, but that the failure is not substantial, the Commission shall--

(a) report that fact to the Secretary of State; or

(b) if it considers that it is not appropriate to make a report under paragraph (a), give the authority a notice under subsection (5) and inform the Secretary of State that it has done so.

(5) A notice under this subsection is a notice which--

(a) specifies the respects in which the Commission considers that the discharge by the authority of relevant functions fails to satisfy the regulatory requirements and any action which the Commission considers the authority should take to remedy the failure; and

(b) specifies the time by which the failure should be remedied.

(6) Where the Commission has made a report to the Secretary of State under subsection (1) or (4)(a), the powers conferred by section 45(1) shall not be exercisable in relation to the authority concerned at any time unless the Secretary of State has notified the Commission that this subsection has ceased to apply.

48 Regulation of the exercise of relevant fostering functions

(1) Regulations may make provision about the exercise by local authorities of relevant fostering functions, and may in particular make provision--

(a) as to the persons who are fit to work for local authorities in connection with the exercise of such functions;

(b) as to the fitness of premises to be used by local authorities in their exercise of such functions;

(d) as to the numbers of persons, or persons of any particular type, working for local authorities in connection with the exercise of such functions;

(e) as to the management and training of such persons.

(2) Regulations under subsection (1)(a) may, in particular, make provision for prohibiting persons from working for local authorities in such positions as may be prescribed unless they are registered in, or in a particular part of, one of the registers maintained under section 56(1).

49 National minimum standards

(1) Subsections (1), (2) and (3) of section 23 shall apply to local authorities in their exercise of relevant functions as they apply to establishments and agencies.

(2) The standards shall be taken into account in the making of any decision under section 47.

50 Annual returns

(1) Regulations may require a local authority to make to the registration authority an annual return containing such information with respect to the exercise by the local authority of relevant functions as may be prescribed.

(2) Provision may be made by the regulations as to the period in respect of which and date by which the return is to be made.

51 Annual fee

(1) Regulations may require any local authority in relation to which powers conferred by section 45(1) may be exercised to pay to the registration authority an annual fee of such amount, and at such a time, as may be prescribed.

(2) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

52 Contravention of regulations

(1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

(2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

53 Offences: general provisions

Sections 29 and 30 apply in relation to this Part as they apply in relation to Part II.

Part IV Social care workers

Preliminary

54 Care Councils

(1) There shall be--

(a) a body corporate to be known as the General Social Care Council (referred to in this Act as "the English Council"); and

(b) a body corporate to be known as the Care Council for Wales or Cyngor Gofal Cymru (referred to in this Act as "the Welsh Council"),

which shall have the functions conferred on them by or under this Act or any other enactment.

(2) It shall be the duty of the English Council to promote in relation to England--

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(3) It shall be the duty of the Welsh Council to promote in relation to Wales--

(a) high standards of conduct and practice among social care workers; and

(b) high standards in their training.

(4) Each Council shall, in the exercise of its functions, act--

(a) in accordance with any directions given to it by the appropriate Minister; and

(b) under the general guidance of the appropriate Minister.

(5) Directions under subsection (4) shall be given in writing.

(6) Schedule 1 shall have effect with respect to a Council.

(7) In this Act, references to a Council are--

(a) in relation to England, a reference to the General Social Care Council,

(b) in relation to Wales, a reference to the Care Council for Wales.

55 Interpretation

(1) This section has effect for the purposes of this Part.

(2) "Social care worker" means a person (other than a person excepted by regulations) who--

(a) engages in relevant social work (referred to in this Part as a "social worker");

(b) is employed at a children's home, care home or residential family centre or for the purposes of a domiciliary care agency, a fostering agency or a voluntary adoption agency;

(d) is supplied by a domiciliary care agency to provide personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) Regulations may provide that persons of any of the following descriptions shall be treated as social care workers--

(a) a person engaged in work for the purposes of a local authority's social services functions, or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions;

(b) a person engaged in the provision of personal care for any person;

(c) a person who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care;

(d) a person employed in connection with the discharge of functions of the appropriate Minister under section 80 of the 1989 Act (inspection of children's homes etc.);

(e) staff of the Commission or the Assembly who--

(i) inspect premises under section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges) or section 31 or 45 of this Act; or

(ii) are responsible for persons who do so;

and staff of the Assembly who inspect premises under section 79T of that Act (inspection of child minding and day care in Wales) or are responsible for persons who do so;

(f) a person employed in a day centre;

(g) a person participating in a course approved by a Council under section 63 for persons wishing to become social workers.

(4) "Relevant social work" means social work which is required in connection with any health, education or social services provided by any person.

(5) "Day centre" means a place where nursing or personal care (but not accommodation) is provided wholly or mainly for persons mentioned in section 3(2).

Registration

56 The register

(1) Each Council shall maintain a register of--

(a) social workers; and

(b) social care workers of any other description specified by the appropriate Minister by order.

(2) There shall be a separate part of the register for social workers and for each description of social care workers so specified.

(3) The appropriate Minister may by order provide for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.

(4) The appropriate Minister shall consult the Council before making, varying or revoking any order under this section.

57 Applications for registration

(1) An application for registration under this Part shall be made to the Council in accordance with rules made by it.

(2) An application under subsection (1) shall specify each part of the register in which registration is sought and such other matters as may be required by the rules.

58 Grant or refusal of registration

(1) If the Council is satisfied that the applicant--

(a) is of good character;

(b) is physically and mentally fit to perform the whole or part of the work of persons registered in any part of the register to which his application relates; and

it shall grant the application, either unconditionally or subject to such conditions as it thinks fit; and in any other case it shall refuse it.

(2) The first condition is that--

(a) in the case of an applicant for registration as a social worker--

(i) he has successfully completed a course approved by the Council under section 63 for persons wishing to become social workers;

(ii) he satisfies the requirements of section 64; or

(iii) he satisfies any requirements as to training which the Council may by rules impose in relation to social workers;

(b) in the case of an applicant for registration as a social care worker of any other description, he satisfies any requirements as to training which the Council may by rules impose in relation to social care workers of that description.

(3) The second condition is that the applicant satisfies any requirements as to conduct and competence which the Council may by rules impose.

59 Removal etc. from register

(1) Each Council shall by rules determine circumstances in which, and the means by which--

(a) a person may be removed from a part of the register, whether or not for a specified period;

(b) a person who has been removed from a part of the register may be restored to that part;

(d) the suspension of a person's registration in a part of the register may be terminated;

(e) an entry in a part of the register may be removed, altered or restored.

(2) The rules shall make provision as to the procedure to be followed, and the rules of evidence to be observed, in proceedings brought for the purposes of the rules, whether before the Council or any committee of the Council.

(3) The rules shall provide for such proceedings to be in public except in such cases (if any) as the rules may specify.

(4) Where a person's registration in a part of the register is suspended under subsection (1)(c), he shall be treated as not being registered in that part notwithstanding that his name still appears in it.

60 Rules about registration

A Council may by rules make provision about the registration of persons under this Part and, in particular--

(a) as to the keeping of the register;

(b) as to the documentary and other evidence to be produced by those applying for registration or for additional qualifications to be recorded, or for any entry in the register to be altered or restored;

(c) for a person's registration to remain effective without limitation of time (subject to removal from the register in accordance with rules made by virtue of section 59) or to lapse after a specified period or in specified cases, or to be subject to renewal as and when provided by the rules.

61 Use of title "social worker" etc

(1) If a person who is not registered as a social worker in any relevant register with intent to deceive another--

(a) takes or uses the title of social worker;

(b) takes or uses any title or description implying that he is so registered, or in any way holds himself out as so registered,

he is guilty of an offence.

(2) For the purposes of subsection (1), a register is a relevant register if it is--

(a) maintained by a Council; or

(b) a prescribed register maintained under a provision of the law of Scotland or Northern Ireland which appears to the appropriate Minister to correspond to the provisions of this Part.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Codes of practice

62 Codes of practice

(1) Each Council shall prepare and from time to time publish codes of practice laying down--

(a) standards of conduct and practice expected of social care workers; and

(b) standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them.

(2) The Council shall--

(a) keep the codes under review; and

(b) vary their provisions whenever it considers it appropriate to do so.

(3) Before issuing or varying a code, a Council shall consult any persons it considers appropriate to consult.

(4) A code published by a Council shall be taken into account--

(a) by the Council in making a decision under this Part; and

(b) in any proceedings on an appeal against such a decision.

(5) Local authorities making any decision about the conduct of any social care workers employed by them shall, if directed to do so by the appropriate Minister, take into account any code published by the Council.

(6) Any person who asks a Council for a copy of a code shall be entitled to have one.

Training

63 Approval of courses etc

(1) Each Council may, in accordance with rules made by it, approve courses in relevant social work for persons who are or wish to become social workers.

(2) An approval given under this section may be either unconditional or subject to such conditions as the Council thinks fit.

(3) Rules made by virtue of this section may in particular make provision--

(a) about the content of, and methods of completing, courses;

(b) as to the provision to the Council of information about courses;

(d) as to the numbers of persons who may participate in courses;

(e) for the award by the Council of certificates of the successful completion of courses;

(f) about the lapse and renewal of approvals; and

(g) about the withdrawal of approvals.

(4) A Council may--

(a) conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 67; and

(b) carry out, or assist other persons in carrying out, research into matters relevant to training for relevant social work.

(5) A course for persons who wish to become social workers shall not be approved under this section unless the Council considers that it is such as to enable persons completing it to attain the required standard of proficiency in relevant social work.

(6) In subsection (5) "the required standard of proficiency in relevant social work" means the standard described in rules made by the Council.

(7) The Council shall from time to time publish a list of the courses which are approved under this section.

64 Qualifications gained outside a Council's area

(1) An applicant for registration as a social worker in the register maintained by the English Council satisfies the requirements of this section if--

(a) being a national of any EEA State--

(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Secretary of State has by order designated as having Community equivalence for the purposes of such registration; and

(ii) he satisfies any other requirements which the Council may by rules impose; or

(b) he has, elsewhere than in England, undergone training in relevant social work and either--

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require.

(2) An applicant for registration as a social worker in the register maintained by the Welsh Council satisfies the requirements of this section if--

(a) being a national of any EEA State--

(i) he has professional qualifications, obtained in an EEA State other than the United Kingdom, which the Assembly has by order designated as having Community equivalence for the purposes of such registration; and

(ii) he satisfies any other requirements which the Council may by rules impose; or

(b) he has, elsewhere than in Wales, undergone training in relevant social work and either--

(i) that training is recognised by the Council as being to a standard sufficient for such registration; or

(ii) it is not so recognised, but the applicant has undergone in Wales or elsewhere such additional training as the Council may require.

(3) An order under subsection (1)(a) or (2)(a) may provide that a professional qualification designated by the order is to be regarded as having Community equivalence for the purposes of registration as a social worker in the register maintained by the English or, as the case may be, Welsh Council only if prescribed conditions required by a directive issued by the Council of the European Communities are fulfilled; and different conditions may be prescribed with respect to the same qualification for differet circumstances.

(4) Any person who--

(a) is not a national of an EEA State; but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68 (on freedom of movement for workers within the Community) or any other enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1)(a) or (2)(a) as if he were such a national.

(5) In this section--

"EEA State" means a Contracting Party to the EEA Agreement;
"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
"national", in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.

65 Post registration training

(1) A Council may make rules requiring persons registered under this Part in any part of the register to undertake further training.

(2) The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by the Council, including provision for their registration to cease to have effect.

(3) Before making, or varying, any rules by virtue of this section the Council shall take such steps as are reasonably practicable to consult the persons who are registered in the relevant part of the register and such other persons as the Council considers appropriate.

66 Visitors for certain social work courses

(1) A Council may by rules make provision for the visiting of places at which or institutions by which or under whose direction--

(a) any relevant course (or part of such a course) is, or is proposed to be, given; or

(b) any examination is, or is proposed to be, held in connection with any relevant course.

(2) The rules may make provision--

(a) for the appointment of visitors;

(b) for reports to be made by visitors on--

(i) the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at the place or by the institution visited; and

(ii) such other matters as may be specified in the rules;

(d) for such persons to be treated, for the purposes of Schedule 1, as members of the Council's staff.

(3) In subsection (1) "relevant course", in relation to a Council, means--

(a) any course for which approval by the Council has been given, or is being sought, under section 63; or

(b) any training which a person admitted to the part for social workers of the register maintained by the Council may be required to undergo after registration.

67 Functions of the appropriate Minister

(1) The appropriate Minister has the function of--

(a) ascertaining what training is required by persons who are or wish to become social care workers;

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