Since 1 April 2005, the title ‘social worker’ has been protected in England by Section 61 of the Care Standards Act 2000. Individuals who are not registered on the Social Care Register (‘the Register’) will be in breach of Section 61 of the Care Standards Act, if they:
(a) describe themselves as a social worker;
(b) describe themselves in a way which implies registration with the GSCC; or
(c) hold themselves out as registered with the GSCC;
and, by doing so, they intend to deceive another person.
Titles
There are a range of job titles that do not have the title ‘social worker’ in them but which describe roles that involve a substantial amount of social work. These include roles with titles such as ‘practice manager’, ‘senior practitioner’, ‘team manager’ and ‘service manager’.
Where such titles or descriptions imply Registered Social Worker (RSW) status, or people filling such roles may describe themselves as social workers, then the roles need to be filled by RSWs. Where a person is required to hold a social work qualification or there is a reference to social work in the role description, registration would avoid any risk of an offence being committed.
Roles
There are also a diverse range of roles in social care other than that of the social worker, some of which may involve small elements of social work. These include roles described as ‘care managers’, ‘welfare workers’, ‘probation officers’, ‘youth workers’ and ‘education welfare officers’.
The law does not restrict the range of work carried out in social care roles, but it is designed to ensure that only RSWs use the title or hold themselves out as social workers. The public knows what they can expect of a social worker and must not be misled about the nature of a person’s registration status, qualification or role.
Employers and Employment Agencies
Employers of social workers (‘Employers’) and employment agencies placing social workers in temporary or permanent positions (‘Agencies’) must consider the implications of Section 61 with regard to the staff whom they employ, as well as recruitment, training and disciplinary policies.
Employers/Agencies are advised to ensure that all their social workers are registered, by checking their name against the Register or contacting the GSCC.
The GSCC recommends that Employers/Agencies check the registration status of prospective employees before offering them positions. The Register is available to the public, and provides the name, registration number and town of employment of the RSW.
Employers/Agencies may find it helpful to state clearly in job advertisements that only RSWs are being sought for social work positions. This applies regardless of whether the role is to be filled on a temporary or permanent basis. If a locum or temp is placed in a role using the title social worker, they could be placed at risk of prosecution if they are not registered or are in the process of applying to the Register.
Employers have obligations set out in the Code of Practice for Employers of Social Care Workers that they need to meet in relation to registration. These include the obligation to support their staff (in posts subject to registration) to meet the GSCC eligibility criteria for registration.
Employers should assess whether people are capable of carrying out the duties of the job and also ensure that only people who have the appropriate knowledge and skills, and who are suitable to provide social care, are allowed to enter their workforce.
An Agency’s responsibility will depend on the relationship with the social worker. This may be temporary (when assisting in finding a contract with a permanent employer), or may be ongoing (in the provision of temporary services). If the relationship is ongoing, an Agency will be subject to the obligations set out in the Code of Practice for Employers of Social Care Workers.
Independent Reviewing Officers
Organisations employing Independent Reviewing Officers (IROs) or delivering that function have an additional set of responsibilities under a separate piece of legislation - The Review of Children’s Cases Regulations 1991. This means that employers must ensure that IRO roles are filled by social workers registered with the GSCC or the equivalent registers in Northern Ireland, Scotland or Wales. We advise employers to check the register.
Approved Social Workers
Approved Social Workers should hold the Mental Health Social Work Award as required by regulations made under the Mental Health Act 1983.
Further information
If you have concerns that someone who is unregistered is using the title social worker, with intent to deceive, you should address this with them and their employer or contact us for advice.
For further information on protection of title please contact our
Registration Helpline
Email: registration@gscc.org.uk
Tel: 0845 070 0630.
If you are calling from outside the United Kingdom, please telephone +44 (0)1788 532402.
The information on this page is available to download in PDF format.
Protection of title
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