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

1
Social Work admissions applicants with criminal
convictions - the challenge of ethical risk
assessment

• Peter Nelson
• Sheffield Hallam University
• p.nelson_at_shu.ac.uk
• Malcolm Cowburn
• University of Bradford
• m.cowburn_at_bradford.ac.uk

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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

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Definitional

• Criminal convictions
• Crime reports

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Social work admissions

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

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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

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Ethical standpoints

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

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Making ethical decisions

• Issues
• Problems
• Dilemmas
• Equity
• Moral Justice
• .

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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)

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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)

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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

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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)

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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

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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