Being investigated is an ‘occupational hazard’ that employers must mitigate against
Employers need to treat the threat of their staff being subjected to regulatory investigation as “an occupational hazard” and put in place safeguards against the risk of unfounded allegations.
That’s the view of Paddy McIntyre, an advice and representation officer for BASW and Social Work Union official.
He says a climate of constant surveillance has built up around social workers due to fears of litigation.
“In this environment, social workers operate under continuous oversight, not only from direct employers but also from regulators, whose decisions may override employer judgments and prove difficult to contest,” McIntyre writes in the latest SWU bulletin
Social workers have the same burden of responsibility as surgeons, doctors, lawyers, and nurses, and are under pressure from “multiple layers of accountability”, he claims.
While recognising the need for governance to oversee social work practice, McIntyre believes more needs to be done to help social workers from the very start of proceedings.
“When accused or investigated, what protections are available to them? Regulatory involvement has become an occupational hazard, comparable to a factory worker neglecting safety gear or a gas fitter improperly sealing a joint, errors that carry serious consequences.”
McIntyre highlights some of the issues faced by social workers being investigated: “The ramifications of regulatory hearings for social workers can be devastating, often leading to loss of income and restricted access to legal support. While maintaining public confidence is the regulator’s primary mandate, this can sometimes overshadow considerations for the registrant’s wellbeing.
“Investigations often rely on individuals with limited firsthand experience of the environments in which social workers operate.
“Complaints and accusations can arise unexpectedly, and the complexity of social work means that flawless practice is virtually impossible.”
Legal representation can be expensive, and employer-sponsored legal aid is “rare”, McIntyre observes.
Social workers may have union support but can also have to face proceedings without representation.
“While registrants may appeal decisions, the process is daunting and costly, requiring litigation in the High Court.”
He calls on employers to put in place adequate supervision, manageable caseloads, and safeguards against unfounded allegations which should “form the foundation of workplace health and safety protections”.
“Just as employers ensure proper protective equipment for refuse workers, they must also adopt policies that safeguard social workers from associated risks,” argues McIntyre.
“Organised efforts, supported by professional associations and unions, are essential in securing meaningful protections for practitioners.”
He adds: “The profession contends with excessive caseloads, staff shortages, recruitment difficulties, resource constraints, heightened complaints, and the complexity of court-related work.
“Despite their significant impact on practitioners’ wellbeing, these factors often receive insufficient attention in regulatory hearings, leaving social workers exposed.”