Draft Social Workers Regulations 2018

Debate between George Howarth and Nadhim Zahawi

Monday 2nd July 2018 General Committees

[Nadhim Zahawi]

I thank the hon. Member for Batley and Spen for stepping in at the last minute. I am sure that the whole Committee wishes the hon. Member for South Shields well and hopes that she returns to the House soon.

I am grateful to hon. Members for their comments and questions, and I will attempt to address them all. The hon. Member for St Helens North and the right hon. Member for Knowsley raised the separation between the Secretary of State and the independent regulator. I am clear that the system needs to support every social worker to qualify to the highest standard and to continue to develop their skills and knowledge throughout their career so that they, in turn, can support those in need. During the passage of the Children and Social Work Act, we heard and recognised the importance of maintaining an appropriate distance between the regulator of social workers and the Government. We have therefore changed the nature of the new regulator from an Executive agency to a separate legal entity in the form of a non-departmental public body, in line with the approach of the devolved Administrations.

On the point made by the right hon. Member for Knowsley, I believe the rule-making procedure meets the ambition for Social Work England to have a flexible model of professional regulation that can adapt swiftly to future developments and provide appropriate, proportionate, targeted and efficient regulation. That in turn will achieve better public protection and support the implementation of improvements within the profession. I hope that this helps the right hon. Gentleman: Social Work England will be required to consult publicly on all its rules, other than in cases of minor or technical changes. That will ensure that the sector, service users and the public can contribute their views.

[Mr Howarth]

It is useful that the Minister has explained the progression of the idea; that is helpful. Perhaps he is coming on to this; I do not know. My concern in relation to regulation 3(4)(b) is about the use of the word “modify” as distinct from, for example, “consider”, which seems to me much more appropriate than “modify”, because modify means change.

[Nadhim Zahawi]

I have heard the right hon. Gentleman’s concern, but I think that where we are now, with the change to an arm’s length public body, is where we should be.

The right hon. Gentleman asked a very important question about fitness to practise. We want to ensure that the Social Work England fitness-to-practise system is transparent, accountable and, of course, consistent. That includes having a robust investigative process, a clear and transparent mechanism for hearings, a clear separation between investigation and adjudication—I know he is concerned about that—and a clear right of appeal for registrants. To achieve that, the draft regulations set out the essential elements of the fitness-to-practise decision-making framework. That covers determining which allegations meet the thresholds for undertaking investigations, which are set by the regulator in rules; investigating allegations that meet the threshold; deciding what action to take following the investigation; and a process for holding hearings where necessary. In addition, drawing on feedback received through the consultation exercise, we have strengthened the proposed regulations to make it even clearer that the investigation, case examination and adjudication functions are separate. In particular, we have responded to potential European convention on human rights concerns about the process for making interim orders, by ensuring that those can be made only by adjudicators, with a clear right to a hearing. That will, I believe, enable Social Work England to operate a fitness-to-practise system that is efficient, proportionate and robust.

The right hon. Gentleman spoke about the BASW’s concern about continuing professional development. Social Work England will be required to set its approval process for education and training in rules. All rules must be consulted on. Social Work England can, under regulation 20(7), use its approval scheme for post-qualification training approvals.

The hon. Member for St Helens North raised the issue of case loads. Professional regulation is central to the system of assurance that underpins public trust. Professional regulators are responsible for regulating individuals who are members of a particular profession, but it is for councils to ensure that social workers’ case loads are manageable. We are supporting them to consider how they can manage delivery so that resources are effectively utilised.

The hon. Members for Garston and Halewood and for Batley and Spen raised the important issue of fees. I want to be clear about that. Future fees will be a matter for Social Work England. I think the fee level, at £90 for social workers, is at the right place compared with that charged by the Nursing and Midwifery Council, which is about £120. We do not anticipate any fee increases before 2020.

We have also committed to ensuring that the set-up costs and the costs of transfer do not fall on social workers—the hon. Member for Batley and Spen was concerned about the smooth transfer to the new regulator. We have built in additional safeguards by requiring Social Work England to consult on any proposals to change the level of fees and to seek approval from the Secretary of State. The Children and Social Work Act provides further restrictions by explicitly preventing the regulator's fee income from exceeding its expenses, which will ensure that SWE cannot be a profit-making body.

I share the ambition of my predecessors and ministerial colleagues to achieve genuine and long-lasting positive change across the social work landscape. Social Work England as a single professional regulator is key to that. In establishing a new regulator, I believe we are rightly taking the opportunity to pioneer new approaches that will bring significant improvements to the way social workers are held to account, supported and recognised for the vital work they do, day in, day out, for the most vulnerable people in our society. The regulations provide a strong foundation for improved and effective regulation of social work in England, and I commend them to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Social Workers Regulations 2018.