The GSCC has responded to inaccuracies in a Unison press release concerning the case of a social worker Peter van der Gucht and his application to register.
Lynne Berry, the GSCC’s Chief Executive, said:
“Every case is considered carefully on the individual circumstances by our independent Registration Committee. Registration as a social worker carries important responsibilities. So by law we have to look thoroughly at qualifications, any character issues or any health conditions that could affect someone’s capability to work as a social worker.
“Mr van der Gucht declared a health issue when he applied to register and our Committee registered him with conditions to ensure that he worked safely within his limits and informed his employer. When he complained about these conditions to the Care Standards Tribunal, he produced new evidence which persuaded us that these conditions were not necessary, so we invited the Tribunal to allow the appeal and order their removal.”
“We are absolutely committed to ensuring there is no discrimination in the way we take our decisions. That is why we have taken advice from the Disability Rights Commission and will take steps to ensure that our statutory duty to consider health issues does not discriminate against those with mental health or physical disabilities. The GSCC has had discussions with the Department of Health about the statutory health requirement and offered to provide evidence about how useful this has proved in practice.”
Notes to editors
1. The GSCC is obliged to check that social workers are “physically and mentally fit to perform the whole or part of the work” of being a social worker under section 58(1)(b) of the Care Standards Act 2000. Each case is considered on its merits and the specific evidence available.
2. Unison asserted in their press release that they had won a landmark case of discrimination against the GSCC at the Care Standards Tribunal. This is incorrect. Mr Van Der Gucht appealed against conditions imposed on his registration, which he said were discriminatory. He also alleged delay in the registration process. When statements and other documents were exchanged, he provided new evidence about his medical history which had not previously been available to the GSCC. In light of this evidence we decided that the conditions could not longer be justified, so we invited the Tribunal to allow the appeal. In doing so, we made clear both to the Tribunal and Unison that we did not accept the claims alleging discrimination and delay. Mr Van der Gucht consented to the appeal being allowed and, without having a hearing, the Tribunal made an order directing that the conditions should cease to have effect.
3. The General Social Care Council came into being on 1 October 2001. It was set up in England under the Care Standards Act 2000 to establish codes of conduct and practice for social care workers and employers, to set up a register of social care workers and to regulate social work education and training. Similar bodies exist in Scotland, Northern Ireland and Wales.