Consensual Disposal Process in SWE Final Hearing Cases

Social Work England has introduced new guidance for resolving certain fitness to practise cases without the need for a full contested final hearing. The revised approach follows consultation feedback that the earlier draft process was overly legalistic and difficult for social workers to navigate.

The new Adjudicator Consensual Disposal process came into force on 1 April 2026. It applies only to cases that have already been referred to a final hearing. In appropriate cases, Social Work England and the social worker can put forward an agreed outcome for adjudicators to consider. However, adjudicators retain full discretion to accept or reject that proposal.

What Has Changed in the SWE Consensual Disposal Process

Cases that have already reached the final hearing stage may now be concluded by agreement, rather than proceeding to a fully contested hearing. The stated aim is to resolve suitable cases more efficiently, reduce the strain of a lengthy process, and avoid the need for witnesses to give live evidence.

This is not a separate track. It operates within the existing fitness to practise framework and only becomes available once the regulator has completed its investigation and intends to proceed to a final hearing.

How Adjudicator Consensual Disposal Works

A case can only proceed by consensual disposal if the social worker:

• admits the core facts giving rise to concern; and
• accepts that their fitness to practise is currently impaired.

This does not require admission of every detail, but it does require acceptance of the substance of the case.

The process begins once Social Work England’s external legal provider serves the draft statement of case, supporting evidence, and a response form. The social worker can then indicate whether they wish the case to be considered for consensual disposal.

If the regulator considers the case suitable, it will specify:

• the admissions required; and
• the sanction it proposes.

If there is agreement, a draft consensual disposal agreement is prepared and signed. The matter is then listed before adjudicators, who decide whether to approve the proposed outcome.

What Social Workers Need to Know

This is not an informal shortcut. The regulator does not negotiate sanctions. Any outcome must still meet the overarching test: protection of the public and the wider public interest.

Available sanctions remain unchanged and include:

• no further action
• advice
• warning order
• conditions of practice
• suspension
• removal

Social Work England expressly advises registrants to seek independent advice before engaging with the process. That advice may come from a solicitor, union representative, or professional body. In some cases, support from a trusted individual may also be appropriate but this is ultimately a legal decision with long-term consequences.

Timeframes are tight. Once proposals are put forward, the usual response window is 14 to 21 days. Any draft agreement must be properly understood before it is signed.

What Still Happens at the Hearing

Even where agreement is reached, the case still proceeds to a hearing. It will be considered by a panel of at least two adjudicators, typically a lay chair and a social worker adjudicator, supported by an independent legal adviser.

Witnesses are not usually required, as the facts are agreed. The social worker is encouraged to attend, but the hearing can proceed in their absence.

Crucially, adjudicators are not there to rubber-stamp an agreement. They must independently determine:

• whether the admitted facts amount to impaired fitness to practise; and
• whether the proposed sanction is appropriate.

They can reject the agreement if either test is not satisfied.

What Happens if a Consensual Disposal Agreement Is Not Reached

A critical feature of the guidance is what happens if the consensual disposal route does not conclude the case.

If the social worker does not accept the proposed sanction or declines to sign the draft agreement, the matter proceeds to a full contested final hearing. Importantly, any admissions already made, both as to the underlying facts and impairment, do not fall away. Those admissions will be placed before the adjudicators at the final hearing and treated as proved. The panel will then go on to determine whether fitness to practise is impaired on the basis of those admitted facts, alongside any remaining issues in dispute.

If adjudicators themselves reject a proposed consensual disposal agreement, the case can be re-listed for a full hearing. In that scenario, the newly constituted panel will not usually be told what sanction had been proposed during the consensual disposal process. This is intended to ensure that the panel reaches its own independent view on both impairment and sanction, without being influenced by the earlier proposal.

Contact Clifford Johnston & Co.

If you are facing a Social Work England investigation or considering consensual disposal, it is important to seek advice before making any decisions.

Our experienced Social Worker Solicitors and Professional Disciplinary Lawyers provide clear, strategic guidance tailored to your case. As trusted Solicitors in Stockport, we represent professionals in complex regulatory proceedings with care and precision.

Contact Clifford Johnstons for a confidential discussion about your options.