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Peter Nelson Sheffield Hallam University p.nelson@shu.ac.uk Malcolm Cowburn

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.

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Peter Nelson Sheffield Hallam University p.nelson@shu.ac.uk Malcolm Cowburn

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  1. 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

  2. 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

  3. Definitional • Criminal convictions • Crime reports

  4. Social work admissions • Responsibilities • Gatekeeper (protect the public) • Scott, N. & Zeiger, S. (2000) • Emancipator (widening access) • Magen, R. H. & Emerman, J. (2000)

  5. 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

  6. Ethical standpoints • Principle-based • Kantian - categorical imperative • Utilitarian - greatest benefit for greatest number • Character-relationship based - • virtue - good, honourable conduct descriptors, equity • Care - relational • .

  7. Making ethical decisions • Issues • Problems • Dilemmas • Equity • Moral Justice .

  8. 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)

  9. 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)

  10. 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

  11. 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)

  12. 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’

  13. 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

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