UK Parliament / Open data

Children and Social Work Bill [HL]

We will obviously bring in people from the sector, work with them in the establishment, consult them and make sure that we have appropriate professionals to run it.

However, the moves here to what noble Lords feel is greater government involvement are not wholly unprecedented. It is certainly true that regulation for many other professions is organised on a more independent footing. However, it is also true that it is not unprecedented for government to play a closer role in supporting the improvement of the quality of a professional workforce, such as in the case of teaching through the National College for Teaching and Leadership. It is also worth noting that the regulatory arrangements for social work in Scotland, Wales and Northern Ireland all involve a formal relationship with central government, as, of course, did arrangements in respect of the previous regulator, the GSCC.

The regulator will have a clear focus on protecting the health and well-being of the public and promoting greater confidence in the social work profession. It will do this specifically through developing an approach that focuses on practice excellence and on raising standards from initial education through to post-qualification specialism.

The regulator’s key functions will include publishing new professional standards aligning with the chief social workers’ knowledge and skills statements and setting new, tougher standards for initial qualification. It will also institute a more robust mechanism of testing whether courses meet them and aim to re-accredit providers by 2020. It will also focus on professional standards post-qualification by, for example, setting professional standards for specialist child and family and adult practitioners and accrediting those who achieve them. This will include overseeing the proposed new assessment and accreditation system for child and family social workers. The regulator will set new standards for continuous professional development specific to social work, maintain a single register of social workers and oversee a robust and transparent fitness-to-practise hearings system.

I hope that noble Lords will recognise the scale of our ambition here and agree that these functions will provide for a comprehensive, bespoke regulatory regime. Government, through the structure of an executive agency, will be able to bring its full resources to enable effective and rapid delivery, as I have already said.

I say clearly that the Government recognise that the regulatory framework needs to have operational independence. The exercise of its functions will be fair and transparent. I know that we are due to debate later the need for an improvement agency, and our debates will, no doubt, consider the appropriate role of regulation in raising standards. I will say more on these matters then, if I may. However, let me be clear now that what we propose is a regulatory body which will be focused on the delivery of core regulatory functions. It will not act as an improvement agency, nor will it seek to undertake the functions of a professional or representative body. We make no apology for the fact that in exercising these functions it will be charged with setting and improving standards.

I appreciate that the objective of ensuring public safety through regulation is important, and it will remain so. However, we do not see a clear distinction between public safety and standards. Social work is all about the safety of the most vulnerable in society, and only the highest standards of practice should be acceptable.

As I mentioned earlier, the Government have made a public commitment to keep the regulatory arrangements for social workers under review. We will consult the sector after three years to take stock of whether the current arrangements are still fit for purpose. Specifically, we will consider whether the regulation of the profession can then be put on a more independent footing. I intend to bring forward amendments to the Bill to give these commitments statutory force. I hope this will provide some reassurance.

I would also like to touch briefly on the cost. Noble Lords will be rightly interested in the cost of establishing a new regulator, and specifically in whether this will be borne by social workers themselves. I reassure noble Lords that the set-up costs for the new agency will be met by the Government, and we will provide details in the autumn. While social workers will continue to pay a registration fee, we have no plans to raise it. Of course, if fee increases are contemplated in the future, they would be subject to consultation with the sector and registrants at the appropriate time.

I shall now speak to Amendment 135B, tabled by the noble Lord, Lord Warner, and supported by the noble Baroness, Lady Walmsley, on the creation of a new independent regulator for the social work profession in England, the general social work council. First, I warmly welcome the recognition that a new regulator is needed. I note that the intention behind this amendment is to create a new social work-specific regulator. I believe that the regulator we intend to set up will meet this test. It will be bespoke to the profession and, more importantly, it will be created in partnership with the profession.

I also note the range of functions envisaged for the regulator. Again, I hope that I can reassure the Committee that the powers we propose in the Bill and the functions that we propose the new regulator will exercise will deliver the important regulatory functions that noble Lords have specified. While I welcome the intentions of this amendment, I do not agree that establishing a fully independent regulator is the best approach for the profession at this time. I am not seeking to rehearse all the arguments already made nor to set out again the constraints in the current framework. I have addressed these already and would like here to address two further points.

I recognise that concerns have been raised about an executive agency being subject to the political priorities of government at the expense of a professional evidential base. There have also been concerns about Ministers being involved in decisions about the fitness to practise of individual social workers. I say clearly that the Government are committed to promoting evidence-based, professionally-led practice. This is borne out by the reform programmes that we have supported to date. For example, the knowledge and skills statements published by both chief social workers provide, for the first time, clear and concise statements of what social workers need to know. Our investment in teaching partnerships is also bringing employers and educators together. Regulatory reform will allow us to embed this.

The noble Baroness, Lady Tyler, raised the question of consultation. As I already said in answer to the noble Baroness, Lady Walmsley, we are committed to working closely with the sector to develop the details

of these proposals. We intend to establish an expert working group to ensure that our proposals build on what has gone before and that the development of the regulator is managed in partnership with the sector.

I can also assure the Committee that the Government will put in place transparent and robust governance arrangements. We are clear that these can be achieved through the agency model. In summary, the agency’s formal governance and accountability arrangements will be set out in a published framework document which will bring absolute transparency and accountability to how the agency is run and decisions are made. The agency’s processes and systems will be governed by a set of regulations scrutinised and approved by Parliament. They will also be subject to wide-ranging consultation with the sector and other interested parties. The Secretary of State will be required to consult on any changes to the regulations and standards as a matter of course. In order to ensure that the new standards for social workers have their full confidence, they will be developed in partnership with the sector. The chief social workers will also be closely involved by lending their expertise and knowledge. These standards will also be subject to full consultation with the sector.

Decisions affecting individuals, such as fitness-to-practise outcomes, will be taken by experts on behalf of the regulator. So, too, will decisions about the accreditation of education and training programmes—another key function of a professional regulator. We are clear that these decisions will be taken at arms’ length from Ministers.

We have also specifically given the Secretary of State the flexibility to provide in regulations for the appointment of a wide range of expert advisers and committees. This will ensure that the agency has the sectoral expertise and knowledge required to exercise its functions effectively. Alongside this, we have been in conversation with the Professional Standards Authority about how it might undertake an advisory role in respect of the new regulator’s functions, particularly in respect of fitness-to-practise arrangements. We will continue to work with the Professional Standards Authority to ensure that we draw on its vital experience and expertise as we further develop the governance and accountability arrangements for the agency.

Before closing, I would like to address Clause 20, which allows the Secretary of State to make regulations to enable the regulation of social workers in England. These regulations will, of course, govern the operations of the new agency. We have published indicative regulations. I hope your Lordships have found them useful and are reassured about our intentions. I recognise the questions raised about the Bill’s reliance on secondary legislation. I hope your Lordships will recognise that there is significant precedent for the approach that we have taken.

We have been mindful of work on regulatory reform undertaken by the Law Commission in 2014 which emphasised the need for flexibility—

About this proceeding contribution

Reference

774 cc130-3GC 

Session

2016-17

Chamber / Committee

House of Lords Grand Committee
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