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

The British Association of Social Workers

The Social Work Bill

A legislative programme devised by the
British Association of Social Workers to
recognise, support and develop the
social work profession in England
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Introduction
This Social Work Bill sets out a legislative Measures contained in this
programme for securing the future of a vital Social Work Bill include:
profession and ensuring the support that social
• The recognition of the profession of
workers throughout England deserve.
Social Work in England through
Working alongside the most vulnerable
statutory recognition of the Social
people – children, families and adults – in our
Work function, title and role.
country, Social Workers need to be properly
• The establishment of the office of
prepared for their careers, supported in their
Chief Social Worker.
work and recognised by employers and
government: this programme of legislation • The establishment of a Social Work
sets out how this can be achieved without a Commissioning Board, to ensure
massive injection of new resources. that all public services co-operate to
support and develop social work
Among the clear and properly evidenced
services at local level.
proposals contained in this are measures that
would help to transform Social Work, boosting • The formation of Generic Social
recruitment and retention, guaranteeing Work Boards accountable to service
proper employer support and raising users, carers, the profession and the
professional standards. public, to support the role of Social
Work Practices.
The perception of Social Work has been
• The statutory recognition of a
negative for too long, leading to excessive
College of Social Work in order to
regulation and bureaucracy. With this Bill,
promote high standards of practice
however, Social Work stands ready to be
and to amend the law with respect
renewed. It is a profession with which we can
to the regulation and inspection of
no longer afford to take chances, hoping that
the profession to ensure effective
many remarkable professionals can continue
public services and public
to overcome irresistable odds. Instead, we
protection.
must make it possible for these vital
professionals to flourish, to be supported to do
their work and encouraged to excel.
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The Social Work Bill

Arrangement of Sections

Part 1 Part 4
Definitions Social Work Practices
Section 1.1: The role of Social Work in Section 4.1: Form and function
England
1.5: International definition of Social
Part 5
Work
College of Social Work
1.7: Social Work ethics
1.8: Use of title of Social Worker Section 5.1: Description
5.2: Statutory Role
5.3: Relationships
Part 2
Chief Social Worker 5.4: Influence and accountability

Section 2.1: Role

2.2: Appointment Part 6
2.3: Annual Report Regulation and Inspection of Social
2.4: Registration Work and the Employer Code
Section 6.1: Registration and
Regulation of individual social workers
Part 3
and students
Organisation of Social Work
6.2: Inspection of social work
Section 3.1: Social Work organisations and services
Commissioning Board
3.2: Social Work at local level Schedule
3.3: Duty to co-operate 1. Ethics in Social Work Statement of
3.4: Generic Social Work Boards Principles
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Part 1
Definitions
1.1: The role of Social Work in England systems, social work intervenes at the points where people
interact with their environments. Principles of human rights
Social Work through the exercise of its statutory functions
and social justice are fundamental to social work.’
and /or the employment of its range of skills works to:
1.6: The definition in 2 is hereby recognised and adopted
(a) Promote social justice by helping people to achieve
for use until it is revised by international social work
change in their lives.
organisations and/or the UN.
(b) Meet the needs of people and enable their social
1.7: Social Work Ethics
inclusion and the cohesion of society.
The international ethical principles for Social Work set out at
(c) Protect those who may be at risk of abuse or harm from
schedule 1 is hereby recognised and adopted for use at all
others.
times until it is revised by international social work
(d) Reduce the risk of people abusing or harming others. organisations and/or the UN.
(e) Enhance self respect and respect for others within 1.8: Use of Title of Social Worker
families, groups and communities.
(a) The title of ‘Social Worker’ is a protected title.
(f) Reduce conflict and distress in families, groups and
(b) A person may use the title of Social Worker only if they
communities.
have the qualification of social worker and are registered as
1.2: Social Work operates within a wide range of legislative a social worker.
frameworks and with Government guidance and
(c) If a person who is not registered as a Social Worker in
regulations.
any relevant register with intent to deceive another
1.3: Social Work puts individuals, families, groups and
(i) takes or uses the title of Social Worker (ii) takes or uses
communities at the forefront of its concern and works with
any title or description implying that he is so registered he is
all others to promote their health, socio- economic well
guilty of an offence. Care Standards Act 2000 s61(1)
being and empowerment.
1.9: Any organisation which employs individuals to
1.4: Social Work provides the necessary challenge to
undertake the functions and roles which are (a) described in
governments and institutions through advocacy which is
1.1 above and/or (b) fall under the definition set out in 1.2 (a)
rooted in internationally recognised ethical principles and
above must ensure that any individuals occupying such
undertaken alongside individuals, families, groups and
posts are appropriately qualified and registered as a social
communities.
worker.
1.5: International definition of Social Work
1.10: Anyone with a Social Work qualification should be
Social Work is an internationally recognised profession registered as a Social Worker unless they receive a
which is defined as: certificate of exemption from the registration body.
‘The social work profession promotes social change, 1.11: All Registered Social Workers should publicly utilise
problem solving in human relationships and the ‘Social Work’ in their job title and publicly utilise the
empowerment and liberation of people to enhance well designation ‘RSW’ in work-related contexts to enable wider
being. Utilising theories of human behaviour and social public recognition and accountability.
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Part 2
Chief Social Worker
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.
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Part 3
Organisation of Social Work
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 Social
Work 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 functions
and 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.
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Part 4
Social Work Practices

4.1 Form and function (d) Social Work Practices must be readily
available to the public with extended working
(a) Social Work Practices are led by social
hours across evenings and weekends.
workers with accountability to the social
workers working within them and to the people (e) Social Work Practices are responsible for the
who use the services they provide. delivery of ethically sound, effective social work
services to the specification agreed with the
(b) Social Work Practices can be established as a
GSWB.
department of the local Generic Social Work
Board, as a social enterprise, as a private (f) Social Work Practices are inspected by an
business or as a workers or community co- independent Social Work Inspectorate and must
operative. respond to the advice on good practice
provided by the College of Social Work.
(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 the
people they serve.
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Part 5
College of Social Work
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 12
months and thereafter indefinitely until this can
be rectified.
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Part 6
Regulation and Inspection of Social Work
and of the Employer Code
6.1: Registration and Regulation of
individual Social Workers and students
(a) Responsibility for registration and regulation
of individual Social Workers will transfer to a
renamed 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.
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Schedule
Schedule 1
Ethics in Social Work
Statement 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 of
social work and among social work students. Some
ethical challenges and problems facing social workers
are specific to particular 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 in
the 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 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.
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 particularly 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)
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Schedule continued...
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
person’s physical, psychological, emotional and
spiritual integrity and well-being. This means:
(a) Respecting the right to self-determination – Social
workers should respect and promote people’s 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 person’s
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 Justice
Social 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 their
employers, 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 society.
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.
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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 their
services. 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 in
employing 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 document Ethics in Social Work, Statement of
Principles was approved at the General Meetings of the
International Federation of Social Workers and the
International Association of Schools of Social Work in
Adelaide, 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