BJSW Advance Access published online on October 4, 2008
British Journal of Social Work, doi:10.1093/bjsw/bcn136
The Social Worker versus the General Social Care Council: An Analysis of Care Standards Tribunal Hearings and Decisions
Kenneth McLaughlin is a senior lecturer in social work at Manchester Metropolitan University. He has experience in the homeless families sector and as an Approved Social Worker in a statutory mental health team. His research interests are in the construction of risk and vulnerability and of how these influence contemporary social policy and practice.
Correspondence to Kenneth McLaughlin, Manchester Metropolitan University, 799 Wilmslow Road, Didsbury, Manchester M20 2RR, UK. E-mail: K.McLaughlin{at}mmu.ac.uk
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Abstract |
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The General Social Care Council (GSCC) is the regulatory body for the social care workforce in England.1 It maintains the Social Care Register and has the power to refuse an applicant entry onto the Register and to instigate proceedings to have those on the Register removed if they deem the social worker in question has committed misconduct. As it is a criminal offence for anyone whose name is not on the Register to call themselves a social worker, the GSCC has extensive powers in relation to the social care workforce. This paper analyses cases in which social workers have been through the GSCC's regulatory process, disagree with the decision and have exercised their right to appeal to the Care Standards Tribunal. Using a critical content analysis, several themes are identified that give cause for concern about the workings of the GSCC, its Committees and the Care Standards Tribunal itself. It is noted that there is an inherent imbalance of power in the proceedings, which heavily favour the GSCC and are detrimental to the social worker's chance of receiving a fair hearing. In addition, areas in which social workers' ‘out of work’ lives have been considered to be within the remit of GSCC investigation and censure are highlighted. It is pointed out that a new morality of appropriate behaviour is being overseen by a government-appointed organization. The findings and areas of concern identified are of particular concern to social workers and social care professionals who find themselves increasingly subject to surveillance and censure by the GSCC. The conclusion considers some key points that require further discussion within social work and indeed the wider political realm.
Keywords: GSCC, Care Standards Tribunal, registration, appeals process