As mandated under the Social Work and Social Service Work Act, 1998, the Ontario College of Social Workers and Social Service Workers (the College) is required to have a process for mandatory reports. This mandatory reporting process is an important regulatory tool the College uses to protect the public from unqualified, unfit and incompetent social workers and social service workers.
As employers of social workers and social service workers, you have the responsibility to participate in the College’s mandatory reports process by reporting certain information.
Anyone who employs a social worker or social service worker is required to file a mandatory report under the following circumstances:
- If you terminate the employment of a member of the College for reasons of “professional misconduct”, “incompetence” or “incapacity”;
- If you intended to terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity, but the member resigned before you could do so; and
- If you become aware that a member of the College who is or has been employed by you is convicted of an offence under the Criminal Code of Canada involving sexual conduct.
Generally, once a mandatory report is received:
- You can expect to receive written confirmation from the College acknowledging receipt of the mandatory report. The College may contact you to discuss the information included in the report and/or to provide additional information and/or documents. As such, it is important to retain all relevant information that pertains to the report.
- The College’s Registrar will review and assess the reported information to determine the appropriate regulatory response.
Note: Not all matters reported to the College will result in the initiation of a formal investigation. The appropriate regulatory response will be assessed in light of the risk to the public.
- If a formal investigation is initiated, the College’s investigator will carry out an investigation, which may require further follow up with the employer. As part of the investigation, the College member will have an opportunity to respond to the investigation and will be provided with disclosure of information obtained in the course of the investigation to assist them in responding to the concerns.
Investigators appointed to carry out an investigation on behalf of the College are afforded legislative powers that enable them to obtain information for the purposes of an investigation. For example, an appointed investigator has the authority to enter the workplace premises of a member, examine relevant information there and/or require the production of documents.[1]
- Once the investigation is complete, the results of the investigation will go before the College’s Executive Committee, which will determine the appropriate action to take. Such actions can include a referral to one or both of the College’s Discipline and Fitness to Practise Committees for a decision.
Employers should be aware that filing a mandatory report to the College is a legislative obligation. However, it does not afford an employer any participatory rights in the investigation due to confidentiality provisions set out in the Social Work and Social Service Work Act, 1998. As a result, an employer is not entitled to receive any information gathered as part of the investigation or the College’s decision, where applicable.
Information will be available to the employer and to the public if allegations of professional misconduct are referred to the Discipline Committee or if terms, conditions or limitations are placed on a member’s certificate of registration, in which case that information would be accessible through the College’s Online Register. In addition, Discipline Committee decisions are published on the College’s website.
For more information on mandatory reports, visit the Mandatory Reporting webpage under the Employers section.
[1] See s.32 of the Social Work and Social Service Work Act, 1998
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