The University of Huddersfield Students’ Regulations

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September 2006 edition

Section 10

Regulations Governing Conduct and Professional Standards in Social Work Training (Breach of Professional Conduct Procedure)

  1. General Principles
    1. The law, University regulations and professional requirements all provide frame-works within which appropriate conduct and the consequences of misconduct are defined in a number of general and specific ways.
    2. All University students are required to comply with the regulations of the University regarding conduct. These are presented in the latest edition of the Students’ Handbook of Regulations. Students entering a course that leads to a professional qualification may have additional responsibilities placed upon them by professional or statutory bodies regarding not only their conduct but also their professional suitability. The General Social Care Council Code of Practice, provides a clear guide for all those who work in social care, setting out the standards of practice and conduct workers and their employers should meet. (www.gscc.org.uk)
    3. In the event of one or more allegations of misconduct that do not reflect upon a student’s professional suitability, these will be dealt with under the University’s Student Disciplinary Procedures, (Section 8 of the Students’ Handbook of Regulations) and/or through criminal proceedings.
    4. There may be occasions on Social Work courses when minor misconduct and/or breach of professional standards occurs during a student’s learning. In these cases opportunities for the student to learn from the experience shall be made available and a facilitative rather than punitive approach will be taken.
    5. In the event of one or more allegations of misconduct that indicate that the student may not be suitable to become a professional social worker, the Breach of Professional Conduct Procedure shall be invoked. This Procedure is separate from the assessment process and if, as a result of its application, the Social Work training is terminated, the student may be allowed to continue as a student at the University on an academic rather than a professional course.
    6. The choice of the framework within which to deal with any specific case of misconduct is not necessarily straightforward. There will inevitably be overlaps and occasions where more than one set of regulations/procedures will be used. In particular, allegations of misconduct that reflect upon the student’s professional suitability and which may lead to the Breach of Professional conduct procedure may also lead to proceedings under the University’s Student Disciplinary Procedures and/or criminal proceedings and vice versa.
    7. The General Social Care Council (GSCC) requires Social Work courses to have a ‘termination of training’ procedure. The ‘Rules and Requirements’ do not specify in detail how this should be implemented other than by specifying that the procedures should allow students due process, including the right to challenge evidence against them, and the right to be accompanied at any hearing. In the University, this procedure is incorporated as part of the Breach of Professional Conduct Procedure.
      Students are advised to seek impartial help, advice, guidance and support from sabbatical officers in the Students Union.
  2. Breach of Professional Conduct Procedure
    1. Breaches of Professional Standards by students may involve a range of actions or omissions but are likely to include those which are:
      1. harmful to service users, other members of the public or service providers
      2. likely to constitute an unacceptable risk for himself/herself or others
      3. prejudicial to the development or standing of social work practice
      4. contrary to the Code of Ethics (British Association of Social Workers 1996) which is available from the Social Work Course Leader
    2. In particular, the Termination of Training Procedure is likely to be used where:
      1. it appears that a student is failing to maintain his or her suitability for social work
      2. information comes to light about previous matters relating to professional suitability that have not been declared by the student
      3. the student’s behaviour could be seen as damaging or dangerous to service users, colleagues, other students, course providers or to the student himself/herself
      4. a student is unsuitable for health reasons
    3. Acting in accordance with the procedures set out below, the University has the authority to:
      1. suspend a student’s assessed practice
      2. relocate a student’s assessed practice
      3. terminate a student’s assessed practice
      4. terminate a student’s Social Work training
      This is normally undertaken in consultation with the placement provider where relevant.
    4. Procedure where an alleged breach of professional standards occurs during a practice placement:
      1. the person(s) discovering the alleged breach shall report it to the Course Leader as soon as practicable
      2. the Course Leader, in consultation with the student’s tutor, practice teacher and placement provider, will identify and discuss the behaviours causing concern. These will be communicated to the student by letter and a meeting will be arranged with the student as soon as possible. The student will be advised that they may bring a friend to this meeting
      3. if the Course Leader then believes there is a prima facie case that there has been a breach of such a serious nature as to warrant immediate action, the student placement will be suspended and the Course Leader will implement paragraph (vii) below. In such cases the Course Leader may also suspend the placement pending the discussion referred to in paragraph (ii)
      4. if the alleged breach is less serious, the Course Leader, in consultation with the tutor, practice teacher and placement provider, shall specify in writing the improvements required and a time and date for a follow-up discussion
      5. at the follow-up discussion the necessary improvement must be demonstrable and sustained. In order that the student has reasonable opportunity to achieve improvement, sufficient time will be allowed, as far as is possible within the constraints of the placement requirements
      6. if concerns regarding the suitability of the student to become a social worker persist or arise again at some future time, the student placement will be suspended and the Course Leader will implement paragraph (vii) below
      7. a meeting will be called by the Course Leader, normally within ten working days, to discuss the continuing and/or serious concerns. The meeting must include at least one representative from each of the three parties to the placement. Those invited will include:
        • the practice teacher and/or line manager from the agency
        • the student and accompanying friend
        • normally the Course Leader and personal tutor from the Social Work Course
        • An administrator shall act as secretary but shall not be a member
      8. meeting the alleged breach of professional standards will be put to the student together with any evidence relevant to disputed matters of fact. The student will have the opportunity to challenge both the evidence and the allegations. At that point the student and his/her friend will withdraw and the Course Leader, in consultation with the other staff present, shall decide:
        • to recommence the placement
        • to discontinue the placement and institute arrangements for locating a different placement
        • to discontinue the placement and invoke the Termination of Training Procedure
      9. in case of 2.4(viii)(c) the Course Leader shall write a report for the Dean of the School, which sets out the alleged breach(es) of professional standards, a summary of events thus far and the relevant evidence, and includes a recommendation that the Termination of Training Procedure be invoked.
    5. Procedure where the alleged breach of professional standards occurs other than during a placement (including before enrolment on the Social Work Course when this has not previously been disclosed):
      1. an alleged breach of professional standards may be reported by any person (the complainant) who has good reason to believe that such a breach has occurred
      2. the complainant may initially choose to raise the matter informally with the student concerned, if he or she is willing and this is appropriate
      3. if the student chooses not to do so, or if the complainant’s concerns are not satisfactorily addressed, the complainant shall inform the Social Work Course Leader in writing about the alleged breach
      4. the Course Leader, in consultation with the student’s tutor and the complainant, will identify and discuss the behaviours causing concern. These will be communicated to the student by letter and a meeting will be arranged with the student as soon as possible. The student will be advised that they may bring a friend to this meeting.
      5. if the Course Leader then believes there is a prima facie case that there has been a breach of such a serious nature as to warrant immediate action, the student placement will be suspended and the Course Leader will implement paragraph (ix) below. In such cases the Course Leader may also suspend the placement pending the discussion referred to in paragraph (iv)
      6. if the alleged breach is less serious, the Course Leader shall specify in writing the improvements required and a time and date for a follow-up discussion
      7. at the follow-up discussion the necessary improvement must be demonstrable and sustained. In order that the student has reasonable opportunity to achieve improvement, sufficient time will be allowed, as far as is possible within the constraints of the Course requirements
      8. if concerns persist the Course Leader will implement paragraph (ix) below
      9. subject to consultation with the student’s personal tutor, the Course Leader shall write a report for the Dean of the School, which sets out the alleged breach(es) of professional standards, a summary of events thus far and the relevant evidence, and includes a recommendation that the Termination of Training Procedure be invoked.
  3. Termination of Training Procedure
    1. On receipt of a report recommending that the Termination of Training Procedure be invoked the Dean of the School, having consulted with such parties as he or she considers appropriate, shall decide whether the alleged breach(es) of professional standards shall be dealt with:
      • under the Termination of Training Procedure
      • under the University’s Student Disciplinary Procedures
      • in some other way
    2. The decision of the Dean of the School shall be final and shall normally be made within fifteen working days of the receipt of the report.
    3. If the Dean of the School decides that the alleged breach(es) shall be dealt with under the Termination of Training Procedure, he or she shall appoint a Chair and three other members to a Panel which will hear and determine the allegation(s). The Panel shall comprise:
      • Chair nominated by the Dean
      • an Agency representative from the Course Committee
      • a senior member of the Social Work Course academic staff
      • a senior practising Social Worker (external advisor)
      An administrator shall act as secretary but shall not be a member.
      No member of the Panel shall have been directly involved with the student or the placement in relation to the matters under discussion.
    4. All parties to this procedure shall ensure that confidentiality is maintained throughout and after the proceedings.
    5. The Chair of the Panel shall ensure that all parties are given adequate notice of the Hearing, which shall normally take place within thirty working days of the receipt of the report by the Dean of the School. The notice of the Hearing shall include details of the membership of the Panel, the alleged breach(es) of professional standards, a summary of the events thus far, copies of the relevant evidence, the procedures that will apply at the Hearing and the student’s rights under this procedure.
    6. The student has the right to attend the Hearing, to be accompanied by a friend, to be present whilst evidence is given, to challenge any evidence presented to the Panel, to submit additional evidence, to question and/or cross examine those giving evidence, and to make a written and/or an oral statement to the Panel.
    7. If the student so requests, the Chair of the Panel shall ask named person(s) to provide a statement, and/or to attend the Hearing in order to give evidence, while recognising that neither the Chair nor the Panel has the power to require anyone to do so. Vulnerable persons will not normally be asked to produce statements or attend the Hearing. The student may not make direct contact with anyone in order to seek written statements from them or to invite them to give evidence at the Hearing.
    8. The Chair shall ensure that the Hearing is conducted in line with the procedure and natural justice. At the start of the Hearing the Chair shall summarise the alleged breach(es) of professional standards, the events thus far, the relevant evidence, the procedures that will apply at the Hearing and the student’s rights under this procedure. The Panel shall then decide if it has enough evidence to proceed with the Hearing.
    9. If it decides to proceed, it will normally receive evidence from all the relevant parties. Panel members may question all those attending the Hearing as they see fit. Where an individual gives evidence in person, he or she have the right to be accompanied by a person of their choice.
    10. At the conclusion of the Hearing, the Panel shall meet in private to consider the evidence and determine either:
      1. that there is sufficient evidence to conclude, on the balance of probabilities, that the student is unsuitable for professional social work and that the student’s course of study shall therefore be terminated
      2. there is insufficient evidence to demonstrate that the student is unsuitable for professional social work
    11. The conclusion(s) and recommendation(s) of the Hearing will be reported to the Course Assessment Board for formal ratification. If necessary, a special meeting of the Board will be convened.
    12. If the Course Assessment Board decides that the student is unsuitable for professional social work, the Dean of the School shall inform the student, his or her sponsoring authority and GSCC of the decision and the circumstances which lead to the decision being made in writing within ten working days.
    13. The student will have recourse to the University’s ‘Appeal against a decision of an Assessment Board’ procedures once the decision to terminate the student’s training has been ratified by the Course Assessment Board.