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The social work code of practice came into force to encourage whistleblowers, but there are concerns that it is failing to defend staff. Derren Hayes reports.

Thursday 03 February 2005 00:00
Social workers may have unrealistic expectations of the protection on offer if they blow the whistle on an employer or colleague, the British Association of Social Workers has warned.

Figures from the TUC released last week reveal that 1,500 employees who blew the whistle about work between 1999 and 2004 were sacked.

No specific figures on whistleblowing in social care are compiled but the General Social Care Council's social work code of practice sets out the responsibilities social workers have to raise concerns over bad practice.

Social work students are being taught about the code. It is anticipated that adherence to it will be linked to a social worker's registration to practice.

But Ian Johnston, director of BASW, is concerned it will afford little protection to social workers, especially younger ones. "It is clear from the code there is an expectation for employees to blow the whistle if they come across bad practice. It will be interesting to see how robust that is when tested.

"The reality is there can be repercussions for whistleblowers but trying to prove they are related to the act of whistleblowing is difficult and often if someone makes a claim against a council and they reach a settlement there is a gagging order as part of the agreement," Johnston said.

Despite the code of practice now encouraging whistleblowing, there are cases of social workers who have exposed what they believe to be poor practice, only for the decision to cost them their job.

Judy Weleminsky, former board member at the Children and Family Court Advisory and Support Service, was one of the most high-profile whistleblowers when she highlighted problems at the organisation to a parliamentary committee.

Deborah Rees was sacked from her job as a social worker at Swindon Council after she set up a website criticising the performance of her employers. The council justified her sacking because it believed she had not exhausted the internal complaints procedure. But Rees said managers were unwilling to listen to her concerns over a culture of bullying, discrimination and victimisation in the housing and social services departments.

Helen Cosis Brown, social work curriculum leader at Middlesex University, said the social work code of practice gives more protection than the Public Interest Disclosure Act 1998. The act sets out when it is appropriate for employees to blow the whistle and what protection they can expect.

She said: "If someone wants to raise something there is now a framework and policies that back them and a structure to make them feel more secure."

The Commission for Social Care Inspection's chief inspector David Behan sees whistleblowing as a key weapon in improving standards in social care services, and wants more employees to tell the commission of their concerns.

"A lot of people will be reluctant to go to their employer so they can come straight to us," a CSCI spokesperson said.

Guy Dehn, director at Public Concern at Work, said it was important for social care workers to have more faith in whistleblowing because the sector was "a long way behind even the health service".

Dehn continued: "The important thing is to try to develop a culture of accountability where people are more likely to speak out."

He said this was mainly about leadership among managers and clearly explaining the responsibilities of staff and employers, adding: "This will only get more important in the future and social care will have to catch up."
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