Social Worker Lawyer

Registration

Securing a license, or as termed by the College, a “Certificate of Registration” for supervised or independent practise, is a detailed and intricate process.

The Registrar rigorously evaluates applications to ensure candidates fulfill specific criteria, including:

• Academic credentials from an accredited social work or social service work program or equivalent
• Practical experience in social work or social service work within the past five years, particularly relevant for those who graduated over five years ago
• Alternatively, demonstrating to the Registrar your competence in fulfilling the responsibilities of a social worker or social service worker

Upon submission of your application, the Registrar has several options:

• Confirm your fulfillment of the criteria and grant a certificate of registration
• Issue a certificate of registration with agreed-upon terms, conditions, or limitations
• Decide against meeting the requirements and suggest a refusal to issue the certificate
• Suggest imposing terms, conditions, or limitations on the certificate without your agreement

Our firm is equipped to assist you in preparing your application and providing legal counsel on any issues you might encounter. If you’re considering applying for a certificate from the OCSWSSW, we encourage you to reach out to us today.

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Complaints Process

The OCSWSSW investigates complaints and reports from a variety of sources, including:

• The general public
• Clients of social workers and social service workers
• Employers of social workers and social service workers
• Fellow social workers and social service workers

College members are obligated to report if, in their professional capacity, they find reasonable grounds to suspect another member from the same or a different College of sexual abuse of a patient, incompetence, or incapacity.

The initial stage in the complaint process involves the Complaints Committee.

Complaints to the College must be submitted either in written form or as a voice recording for transcription. The process involves an exchange of documentation between the complainant, the College, and the accused member:

• A complaint is lodged against a member.
• The member receives written notification from the College about the complaint.
• The member is given a chance to submit a written response to the College.
• The College undertakes an investigation.
• The Complaints Committee makes a decision.

The possible outcomes from the Committee’s decision can range from:

• Opting for no further action.
• Summoning the member to appear before the Complaints Committee for a caution.
• Implementing any action deemed suitable by the Complaints Committee, such as issuing a letter of concern.
• Referring the case to the Discipline or Fitness to Practice Committee.

These decisions can significantly impact a member’s financial and personal life. If you have received a complaint from the OCSWSSW, we urge you to get in touch with us immediately.

Discipline Committee

When a complaint involves severe accusations of professional misconduct or incompetence, it is escalated to the Discipline Committee for a disciplinary hearing.

Prior to the formal hearing, a preliminary session, known as a pre-hearing, might take place. This pre-hearing serves as a platform for both the College and the accused member to informally present their cases.

Based on our experience as a lawyer for social workers, a pre-hearing can be instrumental in:

• Mitigating the charges against a member
• Lessening the severity of the proposed penalty
• Bringing critical legal issues to the forefront before the actual trial

During the Discipline Committee hearing, a formal trial is conducted where witnesses may be summoned, and evidence presented.

The possible verdicts from the Discipline Committee include:

• Issuing a formal reprimand
• Imposing terms, conditions, or restrictions on the member’s practice certificate
• Levying a fine
• Suspension or revocation of the member’s certificate
• Requiring the member to bear partial or full trial costs

These outcomes carry significant public and professional implications. If your case is being or is likely to be brought before the Discipline Committee, we strongly advise seeking our legal assistance from a social worker lawyer immediately.

Fitness to Practise Committee

The Fitness to Practise Committee is a dedicated body that addresses cases where a member’s professional conduct is affected by an ongoing medical issue.

For instance, a mental health condition might compromise a member’s ability to uphold professional standards in their practice.

From our experience, being referred to the Fitness to Practise Committee can be advantageous for members because:

• The resolution of complaints tends to be more confidential.
• The process focuses on the well-being of the member.

Should the Committee find a member incapacitated, possible resolutions might include:

• Revocation of the member’s certificate.
• Suspension of the certificate for a set duration.
• Application of specific terms, conditions, or limitations to the member’s certificate.

Nevertheless, it’s rare for members to face the Fitness to Practise Committee without legal counsel. Effective and knowledgeable representation is crucial to present the necessary evidence for the Committee to consider a referral to Fitness to Practise. If you’re dealing with a complaint, we urge you to get in touch with us immediately.

Appeals

Appeals of the decisions rendered by the Registration Committee can be directed to the College’s own Registration Appeals Committee.

For decisions issued by the Discipline Committee and the Fitness to Practise Committee, appeals can be made to the Ontario Divisional Court.

It’s important to note that individuals representing themselves in these appeals seldom achieve success. Our firm possesses specialized expertise in handling appeals from regulatory colleges. If you’re contemplating an appeal, we encourage you to reach out to a social worker lawyer at Unified LLP for assistance today.

Connect With a Leading Lawyer for Social Workers at Unified LLP and Ensure Your Rights Are Protected

Receiving a complaint from the OCSWSSW can lead to potentially devastating professional consequences – not the least of which is the possibility of you losing your ability to practise. It’s critical that you get a team of leading social worker lawyers on your side as soon as possible so they can help you build the best possible defence. 

As experienced lawyers for social workers, the team at Unified LLP is here to help you achieve the best possible outcome in your situation. From the first Notice of Hearing to potentially representing you before the Committee, in an alternative dispute resolution, before the Divisional Court of Ontario, or during negotiations, our team will be there to support and provide legal counsel and representation throughout the process. 

With a comprehensive knowledge of the Social Work and Social Service Work Act, years of experience with the College itself, and an unwavering dedication to clients, you can count on our team to vigorously and tirelessly protect your rights. 

Contact our team at Unified LLP to begin building your defence. Similarly, we can act as your social service worker lawyer.

Social Worker Lawyer FAQ

This FAQ is for informational purposes only and should not be considered legal advice. Consult with a qualified family law lawyer to address your specific professional concerns.