basw's social work bill

8/8/2019 BASW's Social Work Bill

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The Social Work Bill

The British Association of Social Workers

A legislative programme devised by theBritish Association of Social Workers to

recognise, support and develop thesocial work profession in England

Social Work Bill_Social Work Bill 11/10/2010 14:32 Page 1


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This Social Work Bill sets out a legislative

programme for securing the future of a vital

profession and ensuring the support that social

workers throughout England deserve.

Working alongside the most vulnerable

people children, families and adults in ourcountry, Social Workers need to be properly

prepared for their careers, supported in their

work and recognised by employers and

government: this programme of legislation

sets out how this can be achieved without a

massive injection of new resources.

Among the clear and properly evidenced

proposals contained in this are measures that

would help to transform Social Work, boosting

recruitment and retention, guaranteeing

proper employer support and raising

professional standards.

The perception of Social Work has been

negative for too long, leading to excessive

regulation and bureaucracy. With this Bill,however, Social Work stands ready to be

renewed. It is a profession with which we can

no longer afford to take chances, hoping that

many remarkable professionals can continue

to overcome irresistable odds. Instead, we

must make it possible for these vital

professionals to flourish, to be supported to do

their work and encouraged to excel.

Measures contained in this

Social Work Bill include:

The recognition of the profession of

Social Work in England through

statutory recognition of the Social

Work function, title and role.

The establishment of the office of

Chief Social Worker.

The establishment of a Social Work

Commissioning Board, to ensure

that all public services co-operate to

support and develop social work

services at local level.

The formation of Generic Social

Work Boards accountable to ser vice

users, carers, the profession and the

public, to support the role of Social

Work Practices.

The statutory recognition of a

College of Social Work in order to

promote high standards of practice

and to amend the law with respect

to the regulation and inspection of

the profession to ensure effective

public services and public

protection.

Introduction



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Part 1

Definitions

Section 1.1: The role of Social Work in

England1.5: International definition of Social

Work

1.7: Social Work ethics

1.8: Use of title of Social Worker

Part 2

Chief Social Worker

Section 2.1: Role

2.2: Appointment

2.3: Annual Report

2.4: Registration

Part 3

Organisation of Social Work

Section 3.1: Social WorkCommissioning Board

3.2: Social Work at local level

3.3: Duty to co-operate

3.4: Generic Social Work Boards

Part 4

Social Work Practices

Section 4.1: Form and function

Part 5

College of Social Work

Section 5.1: Description

5.2: Statutory Role

5.3: Relationships

5.4: Influence and accountability

Part 6

Regulation and Inspection of Social

Work and the Employer Code

Section 6.1: Registration and

Regulation of individual social workers

and students

6.2: Inspection of social work

organisations and services

Schedule

1. Ethics in Social Work Statement of

Principles

The Social Work BillArrangement of Sections



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1.1: The role of Social Work in England

Social Work through the exercise of its statutory functions

and /or the employment of its range of skills works to:

(a) Promote social justice by helping people to achieve

change in their lives.

(b) Meet the needs of people and enable their social

inclusion and the cohesion of society.

(c) Protect those who may be at risk of abuse or harm from

others.

(d) Reduce the risk of people abusing or harming others.

(e) Enhance self respect and respect for others within

families, groups and communities.

(f) Reduce conflict and distress in families, groups and

communities.

1.2: Social Work operates within a wide range of legislative

frameworks and with Government guidance and

regulations.

1.3: Social Work puts individuals, families, groups and

communities at the forefront of its concern and works with

all others to promote their health, socio- economic well

being and empowerment.

1.4: Social Work provides the necessary challenge to

governments and institutions through advocacy which isrooted in internationally recognised ethical principles and

undertaken alongside individuals, families, groups and

communities.

1.5: International definition of Social Work

Social Work is an internationally recognised profession

which is defined as:

The social work profession promotes social change,

problem solving in human relationships and the

empowerment and liberation of people to enhance well

being. Utilising theories of human behaviour and social

systems, social work intervenes at the points where people

interact with their environments. Principles of human rights

and social justice are fundamental to social work.

1.6:The definition in 2 is hereby recognised and adopted

for use until it is revised by international social work

organisations and/or the UN.

1.7: Social Work Ethics

The international ethical principles for Social Work set out at

schedule 1 is hereby recognised and adopted for use at all

times until it is revised by international social work

organisations and/or the UN.

1.8: Use of Title of Social Worker

(a) The title of Social Worker is a protected title.

(b) A person may use the title of Social Worker only if they

have the qualification of social worker and are registered as

a social worker.

(c) If a person who is not registered as a Social Worker in

any relevant register with intent to deceive another

(i) takes or uses the title of Social Worker (ii) takes or uses

any title or description implying that he is so registered he is

guilty of an offence. Care Standards Act 2000 s61(1)

1.9:Any organisation which employs individuals to

undertake the functions and roles which are (a) described in

1.1 above and/or (b) fall under the definition set out in 1.2 (a)

above must ensure that any individuals occupying such

posts are appropriately qualified and registered as a social

worker.

1.10:Anyone with a Social Work qualification should be

registered as a Social Worker unless they receive a

certificate of exemption from the registration body.

1.11:All Registered Social Workers should publicly utilise

Social Work in their job title and publicly utilise the

designation RSW in work-related contexts to enable widerpublic recognition and accountability.

Part 1Definitions



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2.1: Role

(a) To report to and advise the Minister for Social

Work and the Government.

(b) To make an annual report to Parliament on

the state of Social Work in England.

(c) To chair the Social Work Commissioning

Board to ensure a fair and effective distribution

of resources for Social Work.

(d) To issue guidance to Generic Social Work

Boards, Local Authorities, Social Work Practices

and relevant employers of social workers.

(e) To work in close co-operation with the

College of Social Work on the development and

dissemination of best practice guidance and the

maintenance of standards.

2.2: Appointment

The Chief Social Worker will be appointed by the

Minister of Social Work for a period of 4 years

which will be renewable for one further 4 year

period.

2.3: Annual Report

The Chief Social Worker will make an Annual

Report to Parliament.

2.4: Registration

The Chief Social Worker must be a Registered

Social Worker. Loss of registration would

automatically entail loss of office.

Part 2Chief Social Worker



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3.1: Social Work Commissioning Board

(a) The Government shall establish a Social Work

Commissioning Board

(b) Funding for Social Work in England will be

undertaken on behalf of Government by the SocialWork Commissioning Board.

(c) The Social Work Commissioning Board will be

responsible for the allocation of resources for social

work to Generic Social Work Boards in England.

(d) The Social Work Commissioning Board will be

appointed by Government and will be responsible to

the Minister for Social Work on a day to day basis.

3.2: Social Work at local level

(a) With effect from April 2013 Social Work functionsand the management of social work at local level will

be undertaken by a Generic Social Work Board (GSWB).

(b) Each GSWB will be established through locally

agreed co-operative working arrangements between

the relevant Local Authority and GP Commissioning

Consortium and all other publicly funded services.

(c) Each GSWB will report on the discharge of its

functions through the normal reporting cycle of the

Local Authority and GP Commissioning Consortium.

(d) Every opportunity should be taken to enable the

Generic Social Work Board to operate as a virtual

body.

3.3: Duty to co-operate

Local Authorities and GP Commissioning Consortia, as

part of GSWBs, will be required to work together and

with others to meet statutory objectives and in the

public interest. The duty to co-operate will be subject to

guidance and inspection.

3.4: Generic Social Work Boards

(a) There will be one GSWB coterminous with each Local

Authority responsible for social services functions

established from April 2013. (In shadow form by April

2012).

(b) A GSWB will work closely with all local services

seeking to integrate functions where appropriate.

(c) The only employees of a GSWB will be a Chief

Executive who will be a Registered Social Worker and

an Administrator

(d) Each GSWB will be managed by a Board comprised

of representatives from the following:

(i) a Local Authority representative (ii) a GP

Commissioning Consortium representative. (iii) One

representative of each of its Social Work Practices. (iv)

representatives of service users and carers including at

least two young people under 18 years. (v) members of

the general public elected at each Council election.

Representatives of (iv) and (v) together should outweigh

those in (i) (ii) and (iii)

(e) The GSWB will be responsible for: (i) Funding for all

Registered Social Workers employed at public expense.

(ii) The professional supervision of all such Registered

Social Workers. (iii) The commissioning and funding of

Social Work Practices where appropriate. (iv)

Liaison, partnership and integrated working with all

sectors and all local organisations to improve service

efficiency and effectiveness. (v) An annual report to the

people of the area at a public meeting and via online

consultation. (vi) Regular reporting to the Chief Social

Worker and to the Local Authority and GP

Commissioning Consortium. (vii) The efficient and

effective use of its resources.

Part 3Organisation of Social Work



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4.1 Form and function

(a) Social Work Practices are led by social

workers with accountability to the social

workers working within them and to the people

who use the services they provide.

(b) Social Work Practices can be established as a

department of the local Generic Social Work

Board, as a social enterprise, as a private

business or as a workers or community co-

operative.

(c) Social Work Practices must empower social

workers to undertake social work and must be

committed to ethically sound, evidence based

practice in order to improve outcomes for thepeople they serve.

(d) Social Work Practices must be readily

available to the public with extended working

hours across evenings and weekends.

(e) Social Work Practices are responsible for the

delivery of ethically sound, effective social work

services to the specification agreed with the

GSWB.

(f) Social Work Practices are inspected by an

independent Social Work Inspectorate and must

respond to the advice on good practice

provided by the College of Social Work.

Part 4Social Work Practices



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5.1: Description

The College of Social Work is an independent

body financed by and accountable to members

of the social work profession. It is a UK wide

body which operates in accordance with the

principles and legal frameworks of devolution.

5.2: Statutory Role

Statutory Guidance and Regulation will set out

the vital role of the College in developing and

representing high standards of continuing

professional development including:

(a) Education and qualifying training for Social

Work.

(b)The employment of Social Workers.

(c)The career structure of Social Work.

(d) Support and supervision of Social Workers.

(e) Leadership and management of social work.

5.3:The College of Social Work will work in

close co- operation with the Chief Social Worker,

Independent Social Work Inspectorate and

Generic Social Work Boards who must

demonstrate responsiveness to the College in its

statutory role.

5.4: Influence and accountability

In order to maintain its statutory influence upon

social work in England the College must

demonstrate to the Chief Social Worker once

every four years that it has 51% of registered

social workers in membership. If it fails to do so

its statutory role will be suspended for 12months and thereafter indefinitely until this can

be rectified.

Part 5College of Social Work



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6.1: Registration and Regulation of

individual Social Workers and students

(a) Responsibility for registration and regulation

of individual Social Workers will transfer to arenamed Social Work and Health Professions

Council.

(b) Individuals employed to undertake functions

set out in 1.1 above or defined in 1.5 above must

be registered with the Social Work and Health

Professions Council .

(c)All students undertaking a recognised

qualifying course for the profession of Social

Work must register as a student social worker

with the Social Work and Health Professions

Council at the beginning of their course.

6.2: Inspection of Social Work organisations

and services

(a) Inspection of organisations undertaking

Social Work functions will be undertaken by an

independent Social Work inspectorate.

(b) The independent social work inspectorate

may be incorporated as a distinct arm of a wider

ranging independent inspectorate.

Regulations and statutory guidance will require

the independent social work inspectorate to

make a formal response to recommendations of

the College of Social Work.

Inspection will be a rigorous process with a

focus on the qualitative experience of service

users and the evidence of front line social

workers as well as a thorough examination of

social work practice and outcomes.

The result of inspection will be the agreement of

an organisation learning and development plan

which will enable every organisation to move

forward positively with an acknowledgement of

both areas of achievement and matters for

improvement.

Part 6Regulation and Inspection of Social Work

and of the Employer Code



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Ethics in Social WorkStatement of Principles

International Federation of Social Workers (IFSW)

International Association of Schools of Social Work

(IASSW)

1. PREFACE

Ethical awareness is a fundamental part of the

professional practice of social workers. Their ability and

commitment to act ethically is an essential aspect of the

quality of the service offered to those who use social

work services.

The purpose of the work of IASSW and IFSW on ethics

is to promote ethical debate and reflection in the

member organisations, among the providers of social

work in member countries, as well as in the schools ofsocial work and among social work students. Some

ethical challenges and problems facing social workers

are specific to par ticular countries; others are common.

By staying at the level of general principles, the joint

IASSW and IFSW statement aims to encourage social

workers across the world to reflect on the challenges

and dilemmas that face them and make ethically

informed decisions about how to act in each particular

case. Some of these problem areas include:

The fact that the loyalty of social workers is often inthe middle of conflicting interests. The fact that social

workers function as both helpers and controllers. The

conflicts between the duty of social workers to protect

the interests of the people with whom they work and

societal demands for efficiency and utility.

The fact that resources in society are limited.

This document takes as its starting point the definition

of social work adopted separately by the IFSW and

IASSW at their respective General Meetings in Montreal,

Canada in July 2000 and then agreed jointly in

Copenhagen in May 2001 (section 2). This definition

stresses principles of human rights and social justice.

The next section (3) makes reference to the various

declarations and conventions on human rights that are

relevant to social work, followed by a statement of

general ethical principles under the two broad headings

of human rights and dignity and social justice (section

4). The final section introduces some basic guidance on

ethical conduct in social work , which it is expected will

be elaborated by the ethical guidance and in various

codes and guidelines of the member organisations of

IFSW and IASSW.

2. DEFINITION OF SOCIAL WORK

The social work profession promotes social change,

problem solving in human relationships and the

empowerment and liberation of people to enhance

well-being. Utilising theories of human behaviour andsocial systems, social work intervenes at the points

where people interact with their environments.

Principles of human rights and social justice are

fundamental to social work.

3. INTERNATIONAL CONVENTIONS

International human rights declarations and

conventions form common standards of achievement,

and recognise rights that are accepted by the global

community. Documents par ticularly relevant to social

work practice and action are:

Universal Declaration of Human Rights

The International Covenant on Civil and Political Rights

The International Covenant on Economic Social and

Cultural Rights The Convention on the Elimination of

all Forms of Racial Discrimination The Convention on

the Elimination of All Forms of Discrimination against

Women The Convention on the Rights of the Child

Indigenous and Tribal Peoples Convention (ILO

convention 169)

ScheduleSchedule 1



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PRINCIPLES

4.1: Human Rights and Human Dignity

Social work is based on respect for the inherent worth

and dignity of all people, and the rights that follow from

this. Social workers should uphold and defend each

persons physical, psychological, emotional and

spiritual integrity and well-being. This means:

(a) Respecting the right to self-determination Social

workers should respect and promote peoples right to

make their own choices and decisions, irrespective of

their values and life choices, provided this does not

threaten the rights and legitimate interests of others.

(b) Promoting the right to participation Social

workers should promote the full involvement and

participation of people using their services in ways that

enable them to be empowered in all aspects of

decisions and actions affecting their lives.

(c) Treating each person as a whole Social workers

should be concerned with the whole person, within the

family, community, societal and natural environments,

and should seek to recognise all aspects of a persons

life.

(d) Identifying and developing strengths Social

workers should focus on the strengths of all individuals,

groups and communities and thus promote their

empowerment.

4.2: Social JusticeSocial workers have a responsibility to promote social

justice, in relation to society generally, and in relation to

the people with whom they work. This means:

(a) Challenging negative discrimination Social

workers have a responsibility to challenge negative

discrimination on the basis of characteristics such as

ability, age, culture, gender or sex, marital status, socio-

economic status, political opinions, skin colour, racial or

other physical characteristics, sexual orientation, or

spiritual beliefs.

In some countries the term discrimination would be

used instead of negative discrimination. The word

negative is used here because in some countries the

term positive discrimination is also used. Positive

discrimination is also known as affirmative action.

Positive discrimination or affirmative action means

positive steps taken to redress the effects of historical

discrimination against the groups named in clause 4.2.1

above.

(b) Recognising diversity Social workers should

recognise and respect the ethnic and cultural diversity

of the societies in which they practise, taking account of

individual, family, group and community differences.

(c) Distributing resources equitably Social workers

should ensure that resources at their disposal are

distributed fairly, according to need.

(d) Challenging unjust policies and practices Social

workers have a duty to bring to the attention of theiremployers, policy makers, politicians and the general

public situations where resources are inadequate or

where distribution of resources, policies and practices

are oppressive, unfair or harmful.

(e)Working in solidarity Social workers have an

obligation to challenge social conditions that contribute

to social exclusion, stigmatisation or subjugation, and to

work towards an inclusive societ y.

5. PROFESSIONAL CONDUCT

It is the responsibility of the national organisations in

membership of IFSW and IASSW to develop and

regularly update their own codes of ethics or ethical

guidelines, to be consistent with the IFSW/ IASSW

statement. It is also the responsibility of national

organisations to inform social workers and schools of

social work about these codes or guidelines.

Social workers should act in accordance with the

ethical code or guidelines current in their country.

Schedule continued...



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Schedule continued...

PROFESSIONAL CONDUCT CONTINUED...

These will generally include more detailed guidance in

ethical practice specific to the national context.

The following general guidelines on professional

conduct apply:

1. Social workers are expected to develop and maintain

the required skills and competence to do their job.2. Social workers should not allow their skills to be

used for inhumane purposes, such as torture or

terrorism.

3. Social workers should act with integrity. This includes

not abusing the relationship of trust with the people

using their services, recognising the boundaries

between personal and professional life, and not abusing

their position for personal benefit or gain.

4. Social workers should act in relation to the people

using their services with compassion, empathy and care.

5. Social workers should not subordinate the needs or

interests of people who use their services to their own

needs or interests.

6. Social workers have a duty to take necessary steps to

care for themselves professionally and personally in the

workplace and in society, in order to ensure that they

are able to provide appropriate services.

7. Social workers should maintain confidentiality

regarding information about people who use theirservices. Exceptions to this may only be justified on the

basis of a greater ethical requirement (such as the

preservation of life).

8. Social workers need to acknowledge that they are

accountable for their actions to the users of their

services, the people they work with, their colleagues,

their employers, the professional association and to the

law, and that these accountabilities may conflict.

9. Social workers should be willing to collaborate with

the schools of social work in order to support social

work students to get practical training of good quality

and up to date practical knowledge

10. Social workers should foster and engage in ethical

debate with their colleagues and employers and take

responsibility for making ethically informed decisions.

11. Social workers should be prepared to state the

reasons for their decisions based on ethical

considerations, and be accountable for their choices and

actions.

12. Social workers should work to create conditions inemploying agencies and in their countries where the

principles of this statement and those of their own

national code (if applicable) are discussed, evaluated

and upheld.

The documentEthics in Social Work, Statement of

Principleswas approved at the General Meetings of the

International Federation of Social Workers and the

International Association of Schools of Social Work inAdelaide, Australia, October 2004

Copyright 2004 International Federation of Social

Workers and International Association of Schools of Social

Work, PO Box 6875, CH-3001 Bern, Switzerland
