SWE outlines strict criteria for fitness to practise action over online expression

Social Work England has issued draft guidance emphasizing a “high bar” for taking fitness to practise action against social workers based on their online communications. The regulator stated that fitness to practise decision makers must carefully balance practitioners’ rights under the European Convention on Human Rights—particularly freedom of expression—with their professional responsibilities. The guidance is aimed at triage staff, case examiners, and hearing panel adjudicators, and is accompanied by a separate draft for social workers on maintaining professional standards online.

Key considerations include whether online content is objectively offensive or inappropriate, especially if it involves harassment, breaches confidentiality, or targets individuals with protected characteristics under the Equality Act 2010. The guidance also urges decision makers to assess whether such content reflects on a social worker’s ability to practise, taking into account the context, visibility, and potential impact on public confidence.

The regulator cited the 2024 employment tribunal ruling in favour of social worker Rachel Meade, whose gender-critical beliefs were found to be protected. The tribunal concluded that Social Work England had violated her rights, prompting training for fitness to practise staff on freedom of expression and belief. The new guidance reflects broader sector discussions on the challenges posed by digital communication and aims to ensure that legitimate debate and personal beliefs are not unduly penalized.

Consultation on both sets of guidance is open until 29 October 2025, with responses invited via online survey or email.

Disclaimer: The accuracy and information of news stories published on this website is accurate on the date of publishing. We endeavour to update stories if information change. You can contact us with change and update requests. Where possible, we will link to sources. Content on this website is for guidance purposes only. We cannot accept any responsibility or liability whatsoever for any action taken, or not taken. You should seek the appropriate legal advice having regard to your own particular circumstances.