Social Workers Regulations 2018

Lord Agnew of Oulton Excerpts

Tuesday 3rd July 2018 Lords Chamber

Moved by

[Lord Agnew of Oulton]

That the draft Regulations laid before the House on 4 June be approved.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, as noble Lords will be aware, the social work profession is a relatively young one; it became a regulated profession only in 2001. But it has come a long way in a short time, with over 95,000 registered social workers in England supporting vulnerable children, adults and their families every day. At its heart, social work is a profession that promotes social change and individual and collective wellbeing, and challenges social injustice.

Many noble Lords will also know that a number of high-profile incidents have seen the social work profession face greater scrutiny and challenge over the quality and capability of the workforce. The 2014 reviews by Sir Martin Narey and David Croisdale-Appleby found that too often social workers are poorly trained and not ready for front-line practice. This Government have responded to these concerns with a comprehensive social work reform agenda. We are committed to promoting a strong, consistently effective social work profession that is well trained, competent and properly supported to transform the lives of the most vulnerable.

Establishing Social Work England as the new, single-profession regulator for social workers in England is vital in achieving our ambition. Like the other health and social care regulators, Social Work England’s primary focus will be public protection, but our aim is also to enable Social Work England to operate streamlined, proportionate and efficient systems. We want a regulator that can adapt to emerging opportunities, challenges and best practice in social work. Providing for a specialist regulator that sets profession-specific standards will ensure that regulation reflects the changing reality of delivering social work practice safely and effectively.

The regulations were made under powers in the Children and Social Work Act 2017. I express my gratitude to those in this House who played such a vital role in shaping and agreeing that Act. Debating these draft regulations signals another significant step towards establishing Social Work England. Noble Lords will know that we have already made great strides in this respect. In March we appointed the noble Lord, Lord Patel of Bradford, as chair of Social Work England. In June we announced that Colum Conway has been appointed as chief executive. These appointments bring significant experience in social work practice, education and regulation and have been welcomed by the sector. The momentum continues with recruitment for other senior posts and non-executive board members.

We have been helped in getting to this point by a number of stakeholders. In December 2016 we established the Social Work England Advisory Group, which has representation from sector organisations, social workers, employers and service users. We then established the Regulatory Expert Group in October 2017, which brings together experts from the world of professional regulation to shape and challenge our thinking. These groups have been invaluable in advising us on this complex task.

We consulted on the regulatory framework for Social Work England during February and March. We received nearly 200 responses, overwhelmingly in favour of our proposals. Some 43 responses were from sector and regulatory organisations. We also held 11 events consulting directly with social workers, education providers and interested parliamentarians. I very much welcome these contributions. The valuable points raised have helped to shape the draft regulations we are discussing today. I also acknowledge the significant input from the social work sector, other professional regulators and Members of this House in developing the regulatory framework.

I have spoken about the importance of creating a modern regulatory framework for Social Work England. It is important to emphasise that these draft regulations draw on a range of evidence and recommendations. These include the Law Commission’s review of health and social care professional regulation, the Professional Standards Authority’s Right-touch Reform report and the Government’s own reform proposals for healthcare professional regulation. There are a number of provisions which, in particular, demonstrate our use of the very best evidence to enable efficient regulation. I will take a moment to outline them.

The first is registration. An accurate, transparent register is crucial for effective regulation. We consulted on a range of provisions. These included powers to register social workers with conditions, introducing English language controls and annotating sanctions, and additional qualifications, specialisms or accreditations. Attaching conditions to registration is linked to the individual’s ability to meet eligibility criteria for registration. This provision might be used effectively, for example, where a social worker has a time-limited health condition. Attaching conditions would allow continued registration while recognising that the individual may not meet standards of health for a period of time. We are confident that this will enable the regulator to adopt a proportionate response to concerns and maximise retention in the workforce, while protecting service users.

We have also provided for Social Work England to annotate additional qualifications and specialisms on the register. Recording post-qualification information will provide more transparent and meaningful information on the breadth and depth of social workers’ skills levels to employers and the public. It will allow for the annotation of the established approved mental health professionals and best interests assessors roles. It will create, for the first time, a national list of those qualified to carry out these roles. Better data on the scope of practice can also be used to support practice improvements and targeted regulation.

Current fitness to practise outcomes will also be recorded on the register. This is critical for public protection. Following the Law Commission’s recommendation, Social Work England will also be able to annotate expired sanctions for specified periods. The regulations are clear that this power must be used proportionately, ensuring public protection while not unduly penalising registrants. Social Work England, in line with some of the other health and social care regulators, will also introduce proportionate English language controls as a registration requirement. We believe that proficiency in written and spoken English is fundamental to safely and effectively engaging with service users.

Next is education and training. We are confident that Social Work England will make a significant impact in the area of training and education. It will set new profession-specific standards and approve initial education and training courses and qualifications for social workers. Maintaining the quality of professional education ensures that students meet the necessary standards for registration and public protection. This is crucial to initial education and to post-qualifying courses. Importantly, Social Work England will be required to reapprove courses over time and determine its own role in the post-qualification space. The regulations make provision for Social Work England to approve post-qualifying courses through approval processes set in regulations and rules.

I turn now to fitness to practise. An effective fitness to practise system is also critically important, both for public protection and public confidence in social work as a regulated profession. As the Professional Standards Authority has pointed out, existing fitness to practise systems can be expensive and overly adversarial. We have taken account of this and of the Law Commission’s proposals for reform in designing a more flexible fitness to practise system for Social Work England.

The system ensures that the functions of investigation and adjudication remain separate. It provides the regulator with new tools to deliver public protection more flexibly. This includes streamlined approaches such as automatic removal from the register. Automatic removal will be used only where registrants are convicted of very serious criminal offences such as rape or murder. There will be swifter processes where registrants have been convicted of criminal offences, with custodial sentences.

--- Later in debate ---

Finally, it will be important to consider how the regulations will be implemented, particularly in social work education and training. They must be seen to support various initiatives which have come into being in the past year or two, to take up some of the challenges identified by Sir Martin Narey, David Croisdale-Appleby and others, which have been mentioned, about social work training, particularly the need to grow the pool of on-the-job training places. We now have various programmes—Think Ahead, to train mental health social workers, is one—trying to address the severe shortages that we have in some areas. It is very important that the implementation supports such measures. It will also be important to ensure a smooth handover from the HCPC for courses that it has already approved, to minimise the burden on any pre-approved courses. I look forward to hearing the Minister’s responses on those points.

[Lord Agnew of Oulton]

My Lords, I am most grateful to noble Lords for their comments and questions on the regulations. The noble Lord, Lord Watson, is right that he does have something of an advantage over me here on a subject that he has spent a lot more time on than I have. I shall certainly try to answer as many of noble Lords’ questions as I can. On those that I am not able to answer, I shall write.

I reassure noble Lords that the procedure for making regulatory rules is intended to provide more flexibility for Social Work England, rather than act as a means of giving the Secretary of State control. As noble Lords will be aware, the rules for the other nine existing health and social care regulators need to be approved by the means of a lengthy Privy Council process. If the Privy Council process chooses not to approve rules, the regulators need to make changes to address any concerns before starting the process again. For Social Work England, we have provided a more streamlined procedure, drawing on the findings of the Law Commission’s 2014 review while still providing clear and robust oversight. This allows, importantly, oversight that is enforced by advice by the Professional Standards Authority as needed, while not unduly hampering the regulator’s ability to make rules following consultation and to plan effectively for their implementation.

Of course, for any oversight procedures to be effective, there needs to be an element of veto. That is what has been provided for in the draft regulations. It might be used, for example, when consultation feedback has clearly not been taken on board in the final rules. Let me reassure noble Lords that the language of modification is not intended to allow for further control by the Secretary of State but will simply reflect reality. If rules are deemed not to be acceptable, they need to be revised. Although the language used is different, that is what would happen under the existing Privy Council system.

On noble Lords’ concern about a possible loophole, it is important that Social Work England can change its procedures quickly and efficiently. We do not expect minor and technical provisions to be used often; when they are used, it would be where small technical changes were required to rules. This is not intended to be used in the case of substantive changes, where we would expect the full consultation and oversight procedure to apply. Of course, the Professional Standards Authority will also have oversight of the operation of Social Work England’s functions and report on that annually to Parliament. I fully expect the PSA to highlight any inappropriate use of the provisions.

In establishing the legal framework we have taken the opportunity to provide a power to annotate additional qualifications and specialisms on the register, when that is proportionate to the regulator meeting the public protection objective. Annotation of additional qualifications and specialisms will ensure that the public register gives a transparent, informative record of social workers in England with specialist expertise, such as best-interest assessors and approved mental health practitioners. That will provide further assurance to the public and employers that individuals have the necessary specialist expertise relative to their particular role. Regulations will require Social Work England to set any additional qualifications or specialisms that are to be annotated in rules which are subject to public consultation.

On the transitional arrangements, the Government, Social Work England and the Health and Care Professions Council—the current regulator—are all committed to and working towards a smooth and safe transfer of regulations. As part of the transfer arrangements, ensuring that social workers are treated fairly will be of paramount importance.

I turn to the comments made by the noble Baroness, Lady Tyler, some of which were wrapped up in some of the points that the noble Lord, Lord Watson, made. He made two specific comments that I have noted. One is on the quality of the guidance that will sit alongside the regulations. I spoke to the noble Lord, Lord Patel, yesterday, and he impressed on me that, in his short time in tenure, he has been very anxious to reach out to important stakeholders. I have no doubt that he will continue to consult broadly the important stakeholders who will be affected by them.

Social Work England will be required to operate a scheme for the approval of courses of social work education and training in England, social work qualifications, tests of knowledge of English in England, and courses for those who wish to become approved mental health professionals. I suspect that this situation will evolve over time.

As all noble Lords here will know, I am one of the newest Members of this House. In closing, I add that the contribution made by this House shows it at its best in taking on board important reforms, bringing to bear the significant expertise that exists here, and helping to improve this vital mechanism.

[Lord Patel of Bradford (Non-Afl)]

Clearly, I have avoided speaking on these regulations because I have a clear and obvious conflict of interest, so I do not wish to comment on the debate that has just happened. But, just before the Minister sits down, I take this opportunity to reinforce what he said about the contribution that noble Lords in this House have made to the establishment of Social Work England. I have found them particularly helpful over the last few months. I have engaged with and received wise wisdom from many of them, and continue to do so.

I put my thanks on record to the several hundred people I have spoken to, from service users to higher education providers, and from the social work profession to employers, who again have been very engaged in discussions. That certainly will continue.

There is one reason I wanted to speak today and this is probably rarely done. I have worked with lots of government departments and officials in a number of guises, NDPBs and other things. I have not come across a group of officials before that have been so passionate and so committed, and given so much time to developing the foundations for this organisation to go forward. I put on record my thanks to the officials from the Department for Education and the Department of Health and Social Care, because they have really worked hard. I have never seen such passion and commitment to making an organisation come together.

[Lord Agnew of Oulton]

My Lords, I thank the noble Lord for his comments. In closing this debate, I hope this provides reassurance to him: in seeking the chair of this new organisation, we have reached out across the political spectrum to get the very best person that we could for this important job.

These regulations provide a strong foundation for improved and effective regulation of social work in England, and I commend them to the House.

Motion agreed.