Social Work England is consulting on a plan to speed up the resolution of fitness to practise cases where there is no dispute between the regulator and the practitioner about the facts and most appropriate sanction.
The proposal would avoid the need for a contested final hearing, in which evidence was presented, witnesses called and an adjudicator panel determined whether the practitioner's fitness to practise was impaired and any ensuing sanction.
Instead, should the panel agree with the proposed resolution, the case would be settled by a short hearing in which no evidence was heard.
Social Work England said this would both reduce stress for practitioners and speed up the resolution of cases.
The proposal for so-called adjudicator consensual disposal is among measures Social Work England is taking to tackle longstanding delays for social workers in having their cases resolved. Cases that went to a final hearing in 2025 have taken an average of over four years to be completed, according to the regulator's figures.
Social Work England's fitness to practise process
The regulator's fitness to practise process has four stages:- Triage. This is where a Social Work England team determine whether concerns about a social worker merit investigation.
- Investigation. Here, the concerns are investigated and evidence gathered about the social worker's fitness to practise.
- The case examiner stage. At this point, a pair of Social Work England staff examine the investigation report to determine whether there is a realistic prospect that an adjudicator panel would find the social worker's fitness to practise to be impaired. If so, they must determine whether it is in the public interest for the case to go to a hearing. If not, the case examiners will seek an 'accepted disposal' - an agreement with the social worker that their fitness to practise is impaired and about any resulting sanction. Where this is rejected by the social worker, the case proceeds to a final hearing, as also happens if the examiners determine that this is in the public interest.
- A final hearing. At this stage, panels of two or three adjudicators, who are appointed by Social Work England but are required to be independent of the regulator, hear evidence and determine whether the social worker's fitness to practise is impaired and, if so, what, if any, sanction should be imposed. The available sanctions are: advice, a warning about the social worker's future conduct, a conditions of practice order requiring them to take certain actions to remediate fitness to practise impairments, suspension and removal from the register. The panel must be chaired by a lay adjudicator and include a registered social worker.
Plan for faster hearings process
Under its proposed guidance, Social Work England's external legal adviser would set out the regulator's case alleging that the practitioner's fitness to practise was impaired and the evidence it would rely on in a final hearing, and then ask if the social worker wanted to pursue an adjudicator consensual disposal.The draft guidance advises that social workers seek independent advice before applying for the process.
If they do apply, the practitioner would need to admit the key facts on which the regulator's case was based and that their fitness to practise was impaired, and agree to the regulator's proposed sanction. They would normally be given 14-21 days to do so.
Should they agree, the external legal provider would send them a "consensual disposal agreement", setting out the terms of the proposed resolution, with the practitioner normally given a further 14-28 days to agree to this.
This could be extended in certain circumstances, for example, if the social worker were unwell, needed reasonable adjustments made or wanted factual amendments made to the agreement. If at any point, the social worker rejected an adjudicator consensual disposal, the case would be listed for a final hearing; otherwise, it would go to an adjudicator consensual disposal hearing.
Adjudicator consensual disposal hearings
This would take place before a panel of at least two adjudicators - a lay chair and a registered social worker - who would be presented with Social Work England's case, the evidence on which it was based and the consensual disposal agreement, including the agreed sanction.No witnesses would be called by either side, nor generally any oral evidence heard, though the social worker - either in person or remotely - and Social Work England's representative would be expected to answer any questions that the adjudicators had.
The adjudicators would then decide whether to accept or reject the agreement, based on their judgment as to whether the social worker's fitness to practise was impaired and the appropriate sanction.
Should the adjudicators accept the agreement, they would then set out their decision and the reasoning behind it.
Should they not agree, the draft guidance allows for the adjudicators seek further information from the regulator and the social worker, after which they may approve the proposed disposal or propose a different outcome. The latter would then be imposed were it to gain the agreement of both parties; if not, the case would be relisted for a final hearing.
'Less stress and a faster process'
While stressing that adjudicator consensual disposals would not be appropriate in every case slated for a hearing, Social Work England said it would have the following benefits:- Avoiding a disputed hearing, potentially reducing the stress faced by the social worker.
- Reducing stress and inconvenience for witnesses, by not requiring them to give evidence.
- Resolving cases more quickly through shorter hearings.
- Enabling the regulator to release resources for use in other cases, by avoiding unnecessary disputed hearings.
Respond to the consultation
The consultation closes on Monday 15 December 2025.You can respond by completing this online survey or by emailing consultation.responses@socialworkengland.org.uk.
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