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Social Work admissions: applicants with criminal convictions - the challenge of ethical
risk assessment
Peter Nelson
Sheffield Hallam University
Malcolm Cowburn
University of Bradford
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
