What this means
Start with the exact decision in front of you.
Case examiners apply the realistic-prospect test and may close a case, issue advice or a warning, propose accepted disposal, or refer it to a final hearing.
Immediate priorities
Organise the position before responding.
Read the case-examiner papers and alleged grounds
Address current impairment as well as historic facts
Assess the terms and consequences of any proposed disposal
Detailed guidance
The procedure, evidence and possible route from here.
01
Case examiners apply the realistic-prospect test
After investigation, case examiners assess whether there is a realistic prospect that adjudicators would find the social worker's fitness to practise impaired. The test looks forward to a possible final hearing; it is not itself the final hearing. Read the alleged facts, statutory ground, investigation report and supporting evidence together. The response should identify any evidential gap and address present impairment rather than focusing only on whether the original event occurred.
Case examiners include a lay and a professional perspective. They may conclude the case, issue advice or a warning, propose accepted disposal, or refer it onward within their powers. A representation should compare those outcomes realistically. The existence of some adverse evidence does not make referral automatic, while remediation does not necessarily remove a need for public adjudication in a serious case involving confidence or professional standards.
- Apply the realistic-prospect test to the evidence
- Address facts, statutory ground and impairment
- Compare available outcomes proportionately
02
Structure written material for a paper decision
Build a concise allegation table with the evidence relied upon, the social worker's position and the current-risk material for each issue. Case examiners need enough detail to understand important disputes without receiving an unfocused repetition of every investigation document. Where credibility cannot fairly be resolved on papers, explain why. Where a document decisively resolves a point, quote its date and location rather than making the decision-maker search the bundle.
If new material arrives after the main response, identify whether it changes a factual or impairment issue and seek a fair opportunity to comment. Correct mistakes openly. An attempt to maintain an obsolete position after reliable contrary evidence emerges can damage the credibility of the remaining case. Conversely, a late allegation should not be treated as proved merely because the timetable is short; ask for clarification and proportionate time with specific reasons.
- Use a concise allegation and evidence table
- Identify disputes unsuitable for paper resolution
- Respond transparently to material late evidence
03
Understand advice, warnings and referral consequences
Advice and warnings may be recorded or published according to Social Work England's rules and policy, even though they do not impose the same restriction as conditions or suspension. Accepted disposal can result in a final order without a contested hearing. Before making alternative submissions or agreeing terms, check publication, review and employment consequences. The wording of an accepted factual basis can shape later compliance and review decisions.
A limited power exists to review some case-examiner decisions where the published test is met. It is not a general appeal for any disappointed party. Preserve the decision and complete evidence set, then distinguish material flaw or qualifying new information from simple disagreement. If the case proceeds to adjudicators, treat referral as the start of hearing preparation rather than a finding that the allegations are true.
- Check publication and employment effects
- Review accepted facts and terms before agreement
- Preserve the record for any permitted review
Key questions
Keep the analysis tied to this stage.
Realistic prospect of an impairment finding
Whether accepted disposal protects the public
Whether adjudicators need to determine the case
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
What test do Social Work England case examiners use?
They consider whether there is a realistic prospect that adjudicators would find the social worker's fitness to practise impaired at a final hearing.
Can a case-examiner decision be reviewed?
Social Work England has a limited review power under its rules and published guidance. It is not a general rehearing, so the specific threshold and remedy must be checked.
Connected guidance
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Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.