Commentary on Sections Part 6 –Social Care Workers: Fitness to Practise Chapter 4: Sections 143 – 149 – Interim orders and review of interim orders
197.The purpose of interim orders is to enable temporary restrictions to be imposed in respect of a registered person while investigations are undertaken into allegations made against the person.
198.SCW is required by section 174 to make rules for the establishment of interim order panels; broadly, the role of these panels will be to impose and review interim orders. There are two types of interim orders: an order for interim conditional registration which allows the registered person to continue practising but in a limited capacity; and an interim suspension order which prevents the registered person from practising at all until there is a final determination of his or her case.
199.The panel imposing or reviewing an interim order is not charged with making a final determination about whether allegations concerning a person’s unfitness to practise are true. The test for imposing or, on review, confirming an order is whether it is necessary for the protection of the public or it is otherwise in the public interest or the interests of the registered person.
200.Interim orders take effect immediately and can be imposed for up to 18 months; a person in respect of whom an order is made does have a right of appeal under section 145; any appeal would be considered by the First-tier tribunal. Orders which are in force must be reviewed by an interim orders panel in accordance with the requirements of section 146; orders can be extended if SCW considers that necessary on application to the First-tier Tribunal.