Social Work admissions: applicants with criminal convictions - the challenge of ethical risk...

Social Work admissions: applicants with criminal convictions - the challenge of ethical

risk assessment

Peter Nelson

Sheffield Hallam University

p.nelson@shu.ac.uk

Malcolm Cowburn

University of Bradford

m.cowburn@bradford.ac.uk

Aim of paper

To consider the ethical issues involved in admitting applicants with criminal records to social work training

To outline conflicting demands of risk assessment and widening participation

Definitional

Criminal convictions Crime reports

Social work admissions

Responsibilities– Gatekeeper (protect the public)

• Scott, N. & Zeiger, S. (2000)

– Emancipator (widening access)• Magen, R. H. & Emerman, J. (2000)

Constructing risk

Actuarial Clinical Problem of ‘knowing’

– epistemologies Cultural contingency

– Gender, ethnicities, sexualities, (dis)abilities, age, & class

Historical contingency – Smith (1999) - the sex offender

Moral contingency

Ethical standpoints

Principle-based – Kantian - categorical imperative– Utilitarian - greatest benefit for greatest number

Character-relationship based - – virtue - good, honourable conduct descriptors,

equity– Care - relational– .

Making ethical decisions

Issues Problems Dilemmas Equity Moral Justice.

GSCC & Risk: overview

High - likely pose a risk to safety & well being of service users (Violence, cruelty & sex offences)

Medium - may pose a risk to safety & well being of service users (drink driving, theft, possession of class A drugs, repeated low risk offences)

Low - suggest the offender is unlikely to pose a risk to the safety and well-being of service users (shoplifting offences as a teenager, possession of cannabis, minor motoring offences– (GSCC, 2005)

Technical risk assessment: GSCC guidance

the relevance of the offence to social care work;

the seriousness of the offence; the length of time since the offence; whether the applicant has a pattern of

offending; whether the applicant's situation has changed

since the offence was committed; the circumstances surrounding the offence; the applicant's explanation for the offence; evidence submitted by the applicant of their

good character. (GSCC, 2005)

Case Study (1)

Black working class woman (mid 30s) several cautions for drug related offences over 5 years prior to application– Issues – Not dilemma– Problem for HR (public trust)– Admitted

Case study (2)

White working class man (mid 30s). Offences - theft, drunkenness, threatening behaviour, assault with intent to rob (20 month imprisonment)

7 years drugs rehabilitation. Clear of drugs and alcohol for 5 years. No offences for 7 years

Problem for all dilemma for some Rejected (Kantian v Utilitarianism; equity)

GSCC guidelines - reflections Nature of risk

– To whom? (service users/carers, other professionals, self, general public, placement agencies, the profession).

Nature of risk assessment– Actuarial? Proscribed offences– Clinical?– Confused?

Wherein is social work ethics and values?– BASW Code of ethics - Social Justice– ‘Reducing disadvantage & exclusion’

References Banks, S. (2006). Ethics and Values in Social Work (3rd ed.). Basingstoke:

Palgrave Macmillan Banks, S. & Williams, R. (2005). Accounting for Ethical Difficulties in Social

Welfare Work: Issues, Problems and Dilemmas. British Journal of Social Work, 35, 1005-1022

Cowburn, M. & Nelson, P. (2008). Safe recruitment, social justice, and ethical practice: should people who have criminal convictions be allowed to train as social workers? Social Work Education, 27(3), 293-306.

General Social Care Council (2005) Risk Assessment Document. London GSCC Madoc-Jones, I., Bates, J., Facer, B., & Roscoe, K. (2006). Students with Criminal

Convictions: Policies and Practices in Social Work Education. British Journal of Social Work, BJSW Advance Access published online on May 4, 2006.

Magen, R. H. & Emerman, J. (2000). Should convicted felons be denied admission to a social work education program? Yes!. Journal of Social Work Education, 36(3), 401-407.

Scott, N. & Zeiger, S. (2000). Should convicted felons be denied admission to a social work education program? No!. Journal of Social Work Education, 36(3), 409-413