When the College of Social Workers Contacts You
This page is for College registrants in clinical practice, child protection, hospitals, schools, community agencies and private practice. Complaints often come from clients, or from parents involved in custody or child protection matters. Reports come from employers and others. An employer that terminates a registrant for professional misconduct, incompetence or incapacity, or that intended to do so before the registrant resigned, must report to the College within 30 days (Act, s. 41).
Illustrative example, not an actual College letter
“The College has received a complaint from a parent regarding a report you prepared in a custody matter. The complainant alleges that the report was biased and that you did not meet with both parents. Reasonable information about the allegations is enclosed. You may submit a written response to the Complaints Committee within 30 days.”
Who Investigates and Who Decides
- Regulator
- The Ontario College of Social Workers and Social Service Workers, under the Social Work and Social Service Work Act, 1998 (“the Act”), which sets out its own complaints and discipline process. The titles “social worker,” “registered social worker,” “social service worker” and “registered social service worker” are protected (ss. 46–47).
- Rules that apply
- The Act, the professional misconduct regulation, and the College’s Code of Ethics and Standards of Practice (revised version in effect September 8, 2023).
- Complaint or report?
- A complaint goes to the Complaints Committee, and the complainant is a party who receives the decision. A report is reviewed by the Registrar, who decides what will be investigated (s. 32); the reporter is not a party and is not told the outcome. The Registrar reports investigation results to the committee the Registrar considers appropriate, often the Executive Committee (s. 35).
- Who holds hearings
- The Discipline Committee (misconduct and incompetence) and the Fitness to Practise Committee (incapacity). The Council or Executive Committee can also direct hearings (s. 25).
- Who hears appeals
- The Divisional Court (s. 31).
Key timelines in the Act
- The Complaints Committee cannot act until you have been notified, with reasonable information about the allegations, and given at least 30 days to respond in writing (Act, s. 24(3)–(4)).
- If you and the complainant agree, the committee may refer a complaint to alternative dispute resolution. If it is not resolved, the investigation continues (s. 24(4.1)–(4.3)).
Common Issues in Social Work Investigations
Custody, access and child protection
Reports, assessments or testimony that a parent says were biased, one-sided or outside the social worker’s role or competence.
Records and confidentiality
Incomplete or late records, refusing access, and disclosing client information without consent or authority. Principle IV of the Standards deals with the social work and social service work record.
Boundaries and dual relationships
Friendships, business dealings or romantic relationships with clients, and conflicts of interest in small communities or private practice.
Competence and scope
Providing psychotherapy or specialized assessments without the required training, or practising outside your registration class.
Workplace conduct
Matters reported by employers after termination, such as falsified case notes or missed visits in agency settings.
What Can Happen Next
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Complaints Committee decision
The committee may refer the matter, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee; decide not to refer it; require you to appear to be cautioned; or take any other appropriate action consistent with the Act (Act, s. 24(5)). It must refuse to investigate a complaint that does not relate to misconduct, incompetence or incapacity, or that is frivolous, vexatious or an abuse of process (s. 24(2)). You and the complainant receive the written decision, with reasons when the matter is not referred (s. 24(6)–(7)).
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Interim suspension or restrictions
Once an allegation has been referred to a hearing, the Council or Executive Committee can suspend your certificate or impose terms, conditions or limitations if it believes your conduct in practice exposes or is likely to expose a person to harm or injury (Act, s. 25(3)). You must normally receive notice and at least 14 days for written submissions, unless the delay would be inappropriate given the risk (s. 25(4)–(5)). The matter must then be prosecuted and heard with priority (s. 25(7)).
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Discipline Committee hearing
If the panel finds professional misconduct or incompetence, it must make one or more orders: revocation, suspension for up to 24 months, terms, conditions or limitations, or a postponed penalty that will not be imposed if conditions are met (Act, s. 26(4)). For misconduct, it may also order a reprimand, admonishment or counselling, a fine of up to $5,000, publication of the finding and order, with or without your name, and costs (s. 26(5)).
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Appeal
A party may appeal a Discipline or Fitness to Practise Committee decision to the Divisional Court on questions of law, fact or both (Act, s. 31(1), (4)). An appeal does not stay the decision or order (s. 31(5)).
Checklist: Responding to an OCSWSSW Complaint or Report
Documents to gather
- The College’s notice and the information about the allegations, with the date you received it
- The client record, including consent, contact notes and assessments
- Any report, letter or affidavit you prepared, and the information you relied on
- Agency policies and supervision records, if you work for an organization
- Termination or discipline letters from your employer, if any
- Court orders or confidentiality restrictions that affect what you may disclose
Details to check in the notice
- Is it a complaint or a report?
- Your response deadline, which must be at least 30 days
- Whether alternative dispute resolution is suggested
- Whether the matter has been referred to a hearing, which opens the door to an interim order
Rules and resources to consult
- Social Work and Social Service Work Act, 1998, ss. 24–35 and 41–43
- The professional misconduct regulation under the Act
- OCSWSSW Code of Ethics and Standards of Practice (2023)
- Discipline Committee rules of procedure, if referred to a hearing
- Your professional liability insurer, union or association
Frequently Asked Questions
Can the College suspend me before a hearing is ordered?
Under s. 25(3), an interim order can be made only once an allegation has been referred to the Discipline or Fitness to Practise Committee. That is different from the health professions, where an interim order can be made during the investigation.
Can a Complaints Committee decision be used in a custody case or lawsuit?
The College states that a decision of the Complaints Committee, or of the Executive Committee on a report, cannot be used in any civil court proceeding.
Will a discipline finding be published with my name?
The Discipline Committee can direct publication of its finding and order, in detail or in summary, with or without your name (s. 26(5)).
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Social Work and Social Service Work Act, 1998, S.O. 1998, c. 31, ss. 24–26, 31–32, 35, 41–42, 46–47 — e-Laws consolidation period beginning July 1, 2024; checked November 10, 2026.
- OCSWSSW, “Complaints and Discipline” — Checked November 10, 2026.
- OCSWSSW, “Complaints Information – What Registrants Need to Know” — Checked November 10, 2026.
- OCSWSSW, “Code of Ethics and Standards of Practice” (effective September 8, 2023) — Checked November 10, 2026.