Social Work England (SWE)

What is Social Work England (SWE)?

Social Work England (SWE) is the independent regulatory body responsible for overseeing social workers in England. Established in 2019, SWE took over from the Health and Care Professions Council (HCPC) to focus specifically on the social work profession. Its role includes setting professional standards, regulating education and training, and taking necessary action when a social worker’s fitness to practise is called into question. SWE’s ultimate aim is to protect the public and ensure that social workers meet high standards of competence, conduct, and health.

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Why Choose Regulation Resolution?

At Regulation Resolution, we provide expert legal support to social workers facing investigations or proceedings by Social Work England (SWE). Our team offers clear guidance throughout the regulatory process, from initial referrals to fitness-to-practise hearings. We understand the emotional and professional challenges of these cases and provide tailored legal strategies to protect your career and reputation. Whether dealing with performance, misconduct, or health-related issues, we are here to help you navigate the process and achieve the best possible outcome.

Types of Cases Regulation Resolution Can Assist with

Our legal team has a proven track record in assisting social workers and other professionals in a variety of regulatory matters, as well as associated criminal proceedings. Our areas of expertise include:

Providing legal advice during investigations by swe.
Preparing and responding to concerns and allegations.
Representation at interim orders hearings.
Representation at fitness to practise hearings.
Appealing decisions made by SWE to the High Court.
Advising on applications for restoration to the register following removal.
Criminal investigations, including representation at interviews under caution.
Advice regarding Disclosure and Barring Service (DBS) matters.
Assistance with inquest proceedings.

What Happens After a Referral to SWE?

When a concern or complaint is made against a social worker, SWE will first assess whether it meets the threshold for investigation. Not every concern leads to an investigation; many are dismissed if they do not suggest a significant impairment to the social worker’s fitness to practise.

However, concerns that suggest misconduct, incompetence, or health issues may trigger a full investigation.

The initial stage, known as triage, is where SWE decides whether there are reasonable grounds to open a full investigation. Factors such as the seriousness of the concern, the likelihood of evidence supporting it, and whether the concern is an isolated incident or part of a pattern are all considered.

If the concern warrants further investigation, an investigator will be appointed to gather evidence, which could include statements from the complainant, colleagues, and relevant experts. At this stage, social workers are expected to fully cooperate, although we recommend seeking legal advice before responding to any allegations. Proper early engagement with SWE can sometimes result in concerns being resolved swiftly.

Interim Orders

In certain cases, SWE may decide to take immediate action to safeguard the public or protect the social worker’s practise. Interim Orders hearings focus on whether it is necessary to impose a temporary restriction or suspension on a social worker’s ability to practise while the investigation is ongoing.

The adjudicators at an Interim Orders hearing do not make determinations on the allegations themselves but assess whether an interim order is needed to maintain public confidence in the profession or ensure public safety. If an interim order is imposed, it will be reviewed every six months, although this can be brought forward if new information arises.

Fitness to practise hearings

If the case proceeds to a fitness to practise hearing, the panel will examine whether the social worker’s fitness to practise is impaired. The panel is composed of both registered social workers and lay members, who will consider all evidence, including any mitigating factors, such as whether the social worker has demonstrated insight into their behaviour or taken corrective action.

The available sanctions range from no action to removal from the register. If impairment is found, the panel will decide the appropriate sanction based on factors such as the severity of the impairment and whether the social worker poses a risk to the public.

SWE Sanctions

If a social worker’s fitness to practise is found to be impaired, the panel will determine an appropriate sanction. These may include:

No further action.
A warning.
Conditions of practise for up to 3 years.
Suspension for up to 3 years.
Removal from the register.

If a social worker is removed from the register, they can apply for restoration after five years.

How Regulation Resolution Can Help

At Regulation Resolution, we understand the challenges faced by social workers who are under investigation by SWE. Our expert team provides comprehensive legal support, from initial investigations and interim orders hearings to final fitness to practise hearings. We work proactively to help you understand your options, prepare strong responses, and ensure that your case is handled efficiently and fairly.

Contact Regulation Resolution for an initial confidential consultation. We are here to help you protect your career, reputation, and future.

Make an Enquiry

Please do not delay. The sooner you contact us, the sooner we can defend you.

Please call us now on 0208 088 5161 or complete our contact form here and we will be in touch to help you.

To understand how we defend professionals across all regulators, learn about our specialist regulatory defence solicitors.

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