Fitness to practise cases should take no longer than six months, say social workers

Social Work England recently revealed that fitness to practice (FTP) case lengths will rise from their current average of just over two years due to budget pressures.

The regulator said its likely government funding settlement for 2024-25 meant it would be unable to increase the number of final FTP hearings it held, increasing waiting times for practitioners.

However, according to respondents to a recent Community Care poll that amassed almost 700 votes, the current case length - from referral to a decision on the practitioner’s fitness to practise - is already much too long.

When considering what would be a reasonable timeframe to thoroughly and fairly investigate an FTP case, almost three-quarters of social workers (73%) said up to six months, with a further 20% selecting six to 12 months

Four per cent said 12-18 months, 1% said 18 months to two years and just 2% chose two or more years, in line with Social Work England's current average.

 

'Why can’t we look after each other?'

In the comments section of the related article, many social workers criticised the regulator’s failure to minimise the timescales, with some considering taking their complaints to Social Work England’s watchdog, the Professional Standards Authority.

“Social Work England routinely taking over two years to conclude investigations is not good enough,” said Tom J, who is trying to create a “six months is plenty” campaign with his trade union.

“Not good for the social worker who has this hanging over them [and] makes a mockery of the person complaining. How seriously are you taking my complaint if it takes you over two years to bring it to a conclusion?”

Another called the delay unacceptable, adding: “This is a profession that makes all the right noise regarding doing the right thing in a timely manner for everyone else. Why can’t we look after each other?”

“Can you imagine the outcry if it took social workers two to eight years to complete an assessment?” asked Callum.

‘Referrals should be accompanied by evidence’

Some suggested overhauling the current processes to help reduce the timescales.

Alastair Gibbons referenced a colleague who had been waiting for an FTP hearing for five and a half years following the referral and eight years post the complaint event. He called the FTP processes too “legalistic and adversarial”.

“This is grossly unfair and unjust and has caused enormous distress. [Processes] should be based on restorative and learning approaches, rather than blame. There should be a time limit (say two years) after which complaints are dropped if Social Work England has been unable to reach a conclusion.”

One practitioner whose local authority took six months to provide evidence and another six months to conclude that there was no case to answer against them, suggested that the regulator makes it a rule that every referral should be accompanied by evidence.

“It feels that Social Work England just goes on fishing expeditions. If they are not provided with any evidence then the case should be closed.”

Regulator 'blighted by reduced funding'

However, one practitioner, Malteser, said they felt sorry not only for social workers but also the regulator, who they said had been “blighted by lockdowns and reduced funding”.

“Alternative disposals need to be strongly considered and a realistic view be taken of the concerns already shunted through by case examiners,” they added.

“It isn’t fair to all concerned – alleged victims and alleged unfit social workers. The mental torture both sides go through as well as [the lack of] income if the social worker [is suspended] cannot be underestimated.”

Regulator exploring ways to resolve cases without hearings

The regulator has said that it will be considering “operational efficiences” and new ways to resolve cases without progressing them to a hearing where appropriate, to help manage case delays.

In the meantime, Social Work England has pledged to prioritise hearings based on risks that have been identified and to continue to “explore funding options” to increase capacity and reduce timescales for cases.

What has your experience with a FTP process been like?