FtP backlog taking 'intolerable' toll on workers' mental health
Social workers currently going through Social Work England’s fitness to practise process have been told they will have to wait at least a year for a final hearing.
The delay comes as a backlog of cases blamed by the regulator on lack of resources grows, prompting concern from BASW, the Social Workers Union (SWU) and Unison.
In a joint statement, they have highlighted how some workers are being left in limbo for years, often unable to work, impacting on their mental health and the profession’s recruitment crisis.
An email from Social Work England’s executive director Philip Hallam states the schedule for final hearings is now full until March 2025.
It adds: “Therefore, any social workers who are waiting for a final hearing to be scheduled or have had their final hearing postponed will not have a final hearing until after that date.”
BASW, SWU and Unison criticised the increased delays, highlighting the impact this is having on social workers.
Their statement said: “A fair and timely FtP [fitness to practise] process should not be aspirational – it should be a fundamental right.”
They warned social workers going through FtP are often left unable to work because employers are refusing to consider them while under investigation.
The statement continues: “We believe this stagnant situation is also exacerbating the recruitment and retention crisis in social work.
“Furthermore, the mental health toll for social workers subjected to lengthy FtP processes is intolerable and unfair.”
The statement also raises concerns that FtP investigators appear to focus on evidence given by employers while “exculpatory evidence is either not considered or overlooked”.
This, they say, is resulting in cases progressing when they do not need to, taking up time and resource.
BASW’s advice and representation service says it is currently dealing with “several” cases that will have gone on for more than six years by the time they complete.
Colin Anderson, service manager for fitness to practise within the team, said: “I have a case of a senior manager who was being investigated for four years during which he was out of work before being cleared at a FtP hearing.
“I understand that any regulator has to investigate complaints, but the delays inherent in the system are so long it takes justice out of it.”
In a statement to PSW, Hallam said: “We acknowledge this is not acceptable for social workers waiting for a resolution on their case, nor for people who have raised concerns with us, such as members of the public or employers of social workers. However, we can only schedule further final hearings, and reduce the number of cases waiting for a hearing, with additional financial resources.”
Hallam said ways to conclude cases awaiting hearings are being explored, including using powers of accepted disposal. He added the regulator had received over 30 per cent more concerns than were expected when it was formed in 2019 on top of 1,400 inherited cases from the previous regulator the Health and Care Professions Council. The pandemic had also delayed investigations, he said.