Draft Social Workers Regulations 2018

Tracy Brabin Excerpts

Monday 2nd July 2018 General Committees

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

I am happy to speak now, Mr Pritchard, particularly because I also have questions. The Minister can then answer all the questions at the end.

[The Chair]

Then I call the shadow Minister.

[Tracy Brabin]

Thank you, Mr Pritchard. I begin by paying tribute to my hon. Friend the Member for South Shields, who has been a passionate and articulate lead for the Opposition on this statutory instrument. Unfortunately, she is unable to be with us today because of ill health. I hope that Members understand that many of the observations made and questions asked in this speech are hers.

I also thank my right hon. Friend the Member for Knowsley, who argued that the organisation needs to be strong and independent of Government, my hon. Friend the Member for St Helens North, who said that there is a need for a strong regulator that works across the sector, and my hon. Friend the Member for Garston and Halewood, whose interventions were, as always, incredibly astute and articulate. Certainly, we could do with a clear answer from the Minister about the challenges faced by social workers, such as high caseloads. I hope the he will also discuss the lack of a timeframe for SWE to become self-financing.

Overall, we welcome the creation of Social Work England, but much of the detail has been left out of the regulations, which makes it difficult to scrutinise them. The new regulator is required to make at least 90 rules, and there could be extensive debate on the most appropriate rule in each case. It is certainly an ambitious task. What is the proposed timeframe for making those new rules?

Regulation 3(2)(a) states that the regulator needs to carry out a public consultation before making the rules. Although we welcome that, I worry that the caveat in that regulation—that the regulator does not have to carry out a consultation if

“the regulator considers that the content of the proposed rules is such that it would be inappropriate or disproportionate to do so”—

will be misused. In the Government consultation, a majority of respondents thought that oversight should apply to all the rules. I am disappointed that that is not fully integrated in the legislation and that the loophole exists. Which of the 90 rules does the Minister anticipate the loophole being applied to? What reassurances can he offer that the loophole will not be misused by the regulator?

I seek clarification on how the representatives referenced in regulation 3(2)(b) will be chosen. It states that the regulator will choose

“any group of persons who the regulator considers are likely to be affected by the proposed rules”.

Although I welcome the inclusion of social workers, employers of social workers, users of the services of registered social workers and those involved in social work training, I worry about how those individuals will be chosen. These are rules that will affect social workers across the UK, so what is the process through which those individuals will be chosen? Will there be regional representation? Will there be an equal number from each job role?

I am glad that after scrutiny from myself—obviously not myself, but my hon. Friend the Member for South Shields—and the hard work of the Lords, the Government have moved away from making Social Work England an Executive agency of the Department for Education, but I still have questions about the Secretary of State’s role, because control seems to have been reintroduced through the back door. For example, under regulation 3(4)(b), the Secretary of State has the power to object to rules. It is disappointing that the Secretary of State will be given the final say on all rules, despite the efforts of myself, the sector and the Lords to ensure that the regulator is fully independent. Will the Minister say in what cases the Secretary of State anticipates using his power to object to rules? What is the purpose of introducing that control over the regulator?

During the passage of the 2017 Act, we campaigned hard on fees. I am pleased that the Government have clarified that they will cover the set-up costs and that there will be no increase in fees to social workers as a result of transfer. I welcome that commitment, because social workers struggle enough with low wages. A report by the Resolution Foundation said that real-terms pay for professionals in health and social care could be lower in 2020 than in 2005—a shocking statement. Social workers do not need higher registration fees to hinder them in their profession. None the less, new social workers who register after Social Work England has been created will have to pay fees. Like most of the content of the regulations, the fees will be decided by the regulator in consultation with the public and social workers. I have two concerns about that. First, it will be difficult to come to a decision regarding fees, which could significantly slow down the process of creating the regulator. Secondly, if registration fees increase, they may represent a real barrier to practice for social workers on already tight budgets. What assurances can the Minister give us that fees will be fair?

Regulation 9(3) states:

“The regulator may record any other information in the register it considers appropriate.”

Given that the basic necessary details about social workers will already be collected, what other information may be necessary? I note also that there is provision for deregistration where health conditions are undefined. The British Association of Social Workers held a meeting with some of its members, who expressed concern that that provision would be misused and is not specific enough. Does the Minister believe that it is compliant with the Equality Act 2010? What is the protection against misuse?

With others in the sector, I am glad that regulation 20 makes provision for sector-wide professional development. However, BASW expressed concern that there is apparently no requirement to consult or involve the 80-plus universities that deliver social work pre-qualification and post-qualification education and training, or employers, service user groups or the professional association for social workers. Why does that provision for the professional development of social workers does not include consultation with educators?

Transitional arrangements need to be put in place to protect social workers and, most importantly, the public, in particular with respect to fitness to practise. Unison has a solid plan for the transition from the Health and Care Professions Council to Social Work England, which outlines how a service level agreement between the HCPC and SWE would ensure a smooth transition period in which the HCPC retained responsibility for fitness to practise cases for an interim period of two to five years. That would give Social Work England time to set up its own fitness-to-practise process, and allow for meaningful consultation with the trade unions and staff in both organisations and for the creation of a structured plan to ensure a smooth transition. Does the Minister plan to consult Unison on the transition period? What assurances can he give us that social workers, employers and the public will be protected in that interim period?

Overall, I do not have a problem with the majority of the rules that Social Work England is creating, but like many in the sector I worry that it is over-ambitious, and there is no plan B. Can this be achieved in such a short time, while the chair and chief executive are in post but the board and the executive team are not?