Business & Individual 

Litigation & Dispute Resolution

Fitness to practise refers to the skills, knowledge, character, and health you need to do your job safely and effectively.  The SSSC expect its registrants to adhere to its Code of Practice and, at all times, demonstrate the following:

• Upholding professional standards and ethics;
• Demonstrating competence and knowledge in their field;
• Maintaining good physical and mental health; and/or
• Showing respect and empathy for service users.

If an allegation is made about what you have done which raises concern on your fitness to practise, the SSSC will carry out an investigation.  This investigation is separate to any disciplinary meetings your employer may hold.  The focus for the SSSC is 1) whether a breach of the Code of Practise has occurred and 2) whether there is a risk to the service users if you continued to work.

The SSSC will issue an investigation notification letter notifying you that further action may be taken against you.  You may also receive a Personal Statement Form at this stage inviting your comments on the complaint raised against you.  It is worth noting that the information you provide in this Form will be relied upon in the investigatory stage and in any future hearings, if one is required.  It is, therefore, crucial to seek legal advice before presenting your comments to the SSSC.

During the investigation stage, the SSSC may impose an Interim Suspension Order.  This aims to temporarily suspend your registration with the SSSC so that they can complete any investigation or await the outcome of an Impairment Hearing.  If your registration is temporarily suspended, you will not be allowed to continue to work in the same role for which you are registered with the SSSC until the Interim Suspension Order ends.  This will no doubt have a severe financial impact on you.

At the Temporary Orders Hearing, the SSSC will have a solicitor presenting their case and you will get an opportunity to present your case too. The independent panel will consider the evidence from both sides and make a decision on whether it is appropriate to impose any sanction, including a Temporary Conditions Order.  The Temporary Conditions Order allows you to continue to work subject to meeting certain conditions e.g. your duties may be restricted or require to work under supervision.

Once the investigation is completed, the SSSC will notify you of what further action, if any, they wish to take.  It may be that they find there is no case to answer, which means this matter will be at an end.  On the other hand, if the SSSC has found evidence of impairment and believes that formal action is needed, then they will send you a draft decision with the sanction they consider to be appropriate for the allegations.

From 1 July 2021, the SSSC introduced Opt In Hearings meaning unless you request a hearing disputing the outcome of the investigation and proposed sanction, their draft decision will be deemed to have been accepted by you.

If a hearing is requested (i.e. an Impairment Hearing), it will be heard by an independent panel, who may not form the same view as the SSSC in respect of the sanctions.

An Impairment Hearing is split into three stages:

• Findings of fact
• Findings on impairment
• Decisions on sanction

The Panel will seek evidence from the SSSC and from you to support your case if the facts are in dispute.  The standard of prove is on the balance of probability i.e. whether it is more likely than not for something to have happened.  If the facts cannot be proven, then the case will be dismissed.  Otherwise, it will progress to the next stage i.e. Findings on impairment.   As the first stage, the Panel will seek evidence from both parties and then make a decision on whether impairment is proved by the SSSC.  Finally, the Panel will consider what an appropriate sanction in the circumstance is.

You can submit an Appeal application to Dundee Sheriff Court within 14 days of the Notice of Decision.  It is recommended that you seek legal advice as soon as possible as there are limited grounds that you can rely on to appeal a decision.