Post Selection Considerations

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In this section:

Referrals to Third Parties

Key Elements

Where concerns or allegations about a worker’s fitness to practise or harm to a user of a service occurs, the employer has a duty to notify the relevant bodies of the concern and also the service regulator. In the social services workforce this will include the Care Inspectorate and usually the SSSC. Depending on any which relevant regulatory body the individual is registered with, this may also include NMC, HCPC, GTCS.

Where individuals are employed in regulated work, employers have a duty to make a referral to Disclosure Scotland when they believe that an individual’s conduct meets the following referral grounds:

  • harmed a child or protected adult
  • placed a child or protected adult at risk of harm
  • engaged in inappropriate conduct involving pornography
  • engaged in inappropriate conduct of a sexual nature involving a child or protected adult
  • given inappropriate medical treatment to a child or protected adult.

Employers may only make a referral to Disclosure Scotland when they have dismissed an individual or removed them permanently from regulated work with the group concerned or where they would or might have dismissed the individual had the individual not left their employment before the decision was made, or had they known the information at the time the individual worked for them. 

You should let workers know if they have been or will be referred to any body. SSSC have specific guidance available around employer responsibilities to refer when there is a settlement agreement in place.

 

Links to further guidance and practice examples

SSSC Employer referral form and guidance

HCPC employer referral guidance

NMC employer referral guidance

GTCS employer referral guidance

Notifying the Care Inspectorate

PVG Scheme information for employers

Settlement agreements (SSSC)

 

Further Considerations

 
Case Scenarios

 

Monitoring Registration Status

Key Elements

Workers who are registered with the SSSC (registrants) are personally responsible for ensuring that they maintain and meet any requirements on their registration.

However, employers have a legal responsibility to make sure that all of their staff are appropriately registered. MySSSC will help you manage and track your workers registration.

Links to further guidance and practice examples

My SSSC guidance for employers

 

Further Considerations

Think about who has access to MySSSC and how frequently you check the registration status of your employees.

Several individuals within your organisation can be nominated to receive email alerts about changes in a workers registration for example if they are to be lapsed for non-payment of fees. Think about who is best placed within your organisation to receive these alerts.

 

Case Scenarios

 

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