Social Care - Health Committee Contents


Examination of Witnesses (Question Numbers 380-399)

MS LIN HINNIGAN, MR ALLAN BOWMAN AND MS ANDREA ROWE

12 NOVEMBER 2009

  Q380  Chairman: In turn, do you think that has improved the quality of care?

  Ms Rowe: It is very difficult. Qualifications are a proxy for skills really. There is a lot of research that says the more employers invest in their workforce development then the likelihood is their services are better. You have only to look at high achieving businesses in other sectors, private business, they invest in the qualifications of their workforce and deliver very good services if you think of Marks & Spencer, John Lewis, big companies like that. There is a lot of research that that is so. In terms of the contribution, David Behan once described social care as the data desert. We knew very little about both the employers and workforce in social care, so we set out to improve that data. Because we are a Sector Skills Council we have responsibility for providing world-class information on the sector. We set up this database called the National Minimum Data Set for Social Care and we now have about 80% of the registered providers who are registered on our database and they have begun to register their individual staff on this database. Into the data warehouse we are also pulling all the other research that goes on that is funded by LSC and the Government so there is one place where you can look for the data on social care. That is still a work in progress, but I pride myself that it has not cost anywhere near the databases that there have been in health. It has not crashed. We are working with a very good provider in that and it is progressing very steadily. Where we have maybe not done as much as we could and that may lead to poor quality care is we have not been as strong, if you like, about a career framework. If you look across at health and their skills framework, it is very clear. It has always been difficult because of the opportunities to progress in social care and we know this has an impact on retention. Retention is a problem. The turnover in the sector is running at about 18.3% across the whole and that is very poor. We do know that not having a good career path is a problem. I think with personalisation that is going to become an even bigger problem because if the personal assistants do not have training then they are not going to be on any kind of framework and progress. That is going to be an issue in the future.

  Mr Bowman: SCIE as an organisation, unlike many others, covers the whole of the UK and, uniquely, we are also a charity. I will not go into the technicalities of why we are a charity. We cover children and families as well as adults and in that sense we are quite uniquely placed to draw on sources of information from across the United Kingdom. Our main function is to identify what works, why it works and to translate that into the kind of successful guidance that people can put into practice and use across England, in particular, for what we are concerned with here. The issue for us is that we need to put that in a format that is readily accessible. In fact, last month we launched—we did not dare call it Sky TV for obvious reasons—Social Care TV, which is an online television channel, a different way of trying to get to a sector. We have got 35,000 employers of varying sizes and a workforce of about 1.5 million. We may have a more limited number of commissioners in local authorities than health but we need to get to all of these people in different formats that enable them to use what works. One of our big focuses is to ensure that when we say what works, it is what works for the people who use the services. We road test everything we recommend very carefully before we produce guidance. That focus on the views of users and carers in terms of the outcomes that they want very much guides the advice we give. When it comes to the issue of do we have any responsibility for poor social care, I think the challenge for us is to get out to that very diverse workforce. Our main focus is how can we get to those parts that we do not reach currently: do we need to change the way we provide the information; do we need to make it much more accessible. We go out and take a great deal of stock of what people say they need in terms of accessible information and are guided very much in that by a whole range of stakeholders, providers, users, carers and local authorities, and we work very closely with that range of people to try and produce for them something that is useful.

  Q381  Chairman: And improve the quality of care?

  Mr Bowman: And improve the quality of care. As you would know, in social care there is very often no one way of doing things, there are several ways. We want to encourage innovation. We help people assess the new ideas and approaches in terms of "Does this actually work?" As the Care Quality Commission is trying to do, we encourage people to take responsibility for what they are providing and help them assess and evaluate whether it is genuinely producing better outcomes.

  Ms Hinnigan: The General Social Care Council was established in 2001 specifically to raise the quality of care through regulating the workforce. Currently we only register social workers, so it is only one part of the social care workforce, and we regulate their training. I think it is important to say that we are a young regulator and in the development of the profession as a regulated profession it is quite early years. In setting up the register it became an offence for you to hold yourself up as a social worker unless you were appropriately qualified and on our register. That meant we had to define the population and their requirements to get onto the register. Then we created the codes of practice for all social care workers which set out the standards of conduct expected from them, and we hold social workers to account on that. That is an important part of public confidence and raising quality. We regulate the training of social workers. Social work became an all-graduate entry qualification with the beginning of the new social work degree in 2003. Again, that has raised the bar for the quality of entrants and quality of training and has put it on a par with nursing and teaching, for instance. Social workers do an immensely difficult job in very demanding circumstances and many of them work to very high standards and help to keep individuals and their families safe. There is more to do and we have set out to the Social Work Taskforce ambitions where we can do more as a regulator and we intend to, both in terms of quality, the robustness of our regulation and inspection of initial training, and in terms of what we demand of social workers in their continuing professional development. I would describe as fairly embryonic the requirements at the moment that every three years social workers have to re-register and demonstrate that they have done a minimum of 15 days'—90 hours—continuing professional development. The requirements of that need to be more robust, we need to focus people much more on particular requirements and levels and standards. There is more that we can do and we propose that we should do in that respect. That is our major contribution to pushing up the skill level and quality of social workers. It is really important to recognise that when they complete their first degree that is really only the beginning and as a professional you need to carry on learning and increasing your competence and adapting as new challenges come along, as indeed through the personalisation agenda social workers need to adapt to that and we need to keep them up-to-date and progress that.

  Q382  Chairman: Last September the Government commissioned a "delivery chain review" of all three organisations that allegedly was going to be published in December of last year. We are now into November and it has not happened. What is your understanding of the situation and the reason for the delay? Lin, you mentioned the Social Work Task Force. Does that review fit in with the Social Work Task Force at all?

  Ms Hinnigan: It is important to say that the social care landscape has changed considerably since we were established and, therefore, as GSCC we welcomed the opportunity to review the role of the different bodies and to see whether together we had the right sort of architecture to deliver Putting People First and, indeed, Building Brighter Futures on the children's services side. Also I should say that we cover social workers in children's services as well. We welcomed it. Our understanding is that the review was completed in terms of the review team having made their findings but, given the Social Work Task Force being established, it was right for Government to wait until the outcomes of the Social Work Task Force because that will define what is the task. I think that is going to lead to a radical reform of the social work profession and will define much more clearly what are the tasks of social workers, how should they be trained, supported, particularly what sort of role employers play in supporting social workers in order that they can deliver the agenda in Putting People First. It is right that we should wait for that outcome and look at the totality of the task and then say what bodies are needed in order to deliver that and support social workers in that role.

  Mr Bowman: Certainly the arguments around the Social Work Task Force have been a good reason to delay and look at things that are important. There is one other factor. Within the Green Paper there is a recommendation that there be an independent source of advice, hopefully it might well be from SCIE, in terms of adult social care. Things like that will impact on what the landscape will look like in the future, so it seemed sensible to look at all the likely directions and then to bring forward recommendations. On the Social Work Task Force we are looking at over 80,000 or 90,000 social workers and we have provided a great deal of information and advice about how social workers should do their jobs more effectively. Again, we would want to look at how we would play into that in terms of whatever recommendations may be made, perhaps in a National College for Social Work.

  Ms Rowe: The Social Work Task Force is a very important body that we have contributed to. We have provided quite a lot of the regional planning around the post-qualifying social workers, so regional planning of numbers and working with the supply side. Also, we provide the National Occupational Standards that underpin social work. Within the Sector Skills Council we have got our partners in the three countries and the Children's Workforce Development Council, so that is where we do the work that crosses all the different bodies. I suppose for us the review was more about us not being a Sector Skills Council, if you see what I mean. We have a whole life, which is the Sector Skills Council, which somehow seems to escape the Department of Health's mind occasionally. We often have to tell the Department of Health what DBIS and DCSF are up to and link it into their strategy. The review has been difficult for us. We had work to do in promoting what we did at the beginning of this because we had been busy doing what we had been doing and not being outward facing so much, we had been getting on with the regions and doing the work, but suddenly the Department, I think, found out what we do and liked what they saw and that has caused them to think again. For us, one of the difficult things is the Skills Academy because having made a proposal to set up the Skills Academy within the SSC—twice—the stumbling block was that we could not get employer buy-in and could not use our DH funding as proxy. That changed and that was what got the funding for the Skills Academy. We have accepted that it was set up as it was and the DH, after pressure from us, have made the boundaries clear between what they do and what we do. They are focusing on leadership, management and commissioning. We have handed that work over as far as we have done it. Ideally, within Skills for Care we think that the Skills Academy does fit within our structure, and that is what it does with other Sector Skills Councils.

  Q383  Chairman: It is a little bit of a confusing picture. Do you think we have too many quangos? Let me just qualify that because this is not numerical. This is about whether or not the roles that there are that each of these institutions have get confused and if there is the potential for confusion about who is responsible for what it does not seem to me that is good for the workforce or anybody else for that matter. Do you think this is an issue?

  Mr Bowman: When our organisations were established, and CSCI was one of the organisations established at the time, there was a real problem with the alphabet because a lot of them sounded too similar and that did not help anybody. Of course, no sooner was CSCI about to come into existence than its transformation to CQC was announced. What we have is a relatively new set of developments in social care that are long overdue. When our organisations were established that was a very welcome and very comprehensive strategy to shift social care into the forefront of provision and consideration. As with everything else, things evolve over time and the National Skills Academy is now part of the landscape but was not there when the review began. We are seeing things evolving and developing, but I do need to put it in something of a numerical context. I do not think we are over-provided with organisations in social care compared to health or education.

  Q384  Chairman: Is there any overlap? That is what users are going to look at.

  Mr Bowman: That is one of the things that this review, when it is eventually published, will help us clarify. It is quite a favourable review, having seen the draft, but inevitably with organisations there are functions that one may be doing that might be better done by another. We have to see that as a normal part of evolving. The issue is, however, are we able to work together effectively whatever we do. I would argue that we have worked effectively and we work now with CQC. We try to manage that landscape and the overlaps rather than get caught up in structural and boundary issues, and you can see the products of that in some of the things that have come forward. The Centre for Excellence now comes in children, for instance. I could have argued that should have come straight to me as SCIE but then we would not have had onboard a whole range of other organisations which made that a better set of structures. It is that capacity as a relatively large number of organisations to work together that overcomes the potential for confusion that could arise.

  Q385  Chairman: I saw some nodding heads when you were saying that. Has anybody got anything to add to that specifically?

  Ms Rowe: It is really important for employers to hide the wiring. They do get confused if you describe it all, particularly the SSC with six organisations. Effectively, for the employers in adult social care we are the SSC in England. That is what they know and that is all they need to know. Similarly, with our set-up we have got better at describing all the work that we are all doing and how it fits together in a whole, all the pieces of the jigsaw. We get onto platforms and we are always amazed at how much it does fit. I am with Alan in saying I really do not think with a workforce of over a million that we have got too many bodies.

  Ms Hinnigan: I would absolutely endorse the fact that the partnership working across us is very strong and, therefore, while there may be some potential for duplication and overlap, we make it work. I think there is an issue about needing to clarify that particularly for the sector so they understand who they need to come to for what and where things come, but the quality of the work that we get out because we are engaged with numbers of stakeholders, not only our own bodies but other bodies, benefits from that. The Social Work Task Force is saying there is a gap in the bodies in terms of a gap for a body to be a strong voice for the profession and a champion of the workforce. We, as a regulator, are very clear that we are not a champion for the workforce. There is a really clear role for a regulator which is strongly focused on standards in practice and in training, and that must be separate from the voice for the workforce.

  Q386  Dr Stoate: Lin, you did say that one of your tasks is to hold to account social workers and what they do, yet a report last week by the Council for Healthcare Regulatory Excellence found serious failings in management and in particular found that you had been deliberately stalling investigations into social workers in order to save money. What are you doing to try and address that?

  Ms Hinnigan: That is a report that we obviously take very, very seriously and take very seriously our role in respect of public protection. We began to identify the difficulties in our conduct operations when we brought in a new interim director of regulation last April. As we began to uncover those we drew them to the attention of the Department of Health and put in place a recovery plan that was there in its first form in July before CHRE even started. We very much welcomed that and, indeed, our Chair had invited the CHRE to come in and do that report. The things which they have recommended of us in terms of operational conduct matters are things that we already had in train and have made significant progress on. For instance, we have over 100 interim suspension orders where we believe that social workers may represent a risk to public protection and, therefore, they have been stopped from working. We have no cases unallocated as of the end of last week, although there may have been one or two that have come in since. We have revised our risk assessment framework. We have raised our threshold for risk assessment. All cases are risk assessed within 24 hours. If we believe there is a public protection issue those are referred to a committee for consideration of an interim suspension order within 48 hours. We have brought in external casework specialists, expertise, and brought onboard nearly 50 external investigators with investigatory skills, people like police officers, et cetera, who have experience investigation so that we can use them to help get rid of some of the older cases. All of the older cases pre-2008 will be dealt with by the end of March. We have that flexible resource now to enable us to do that. We are very confident that we are on top of the issue. There is a lot more work still to be done to make sure that the conduct operations are on a sustainable basis going forward and we need to revise the way in which we work. There are some recommendations that we welcome from the CHRE around changes to our powers, et cetera, but in terms of the immediate casework issues we are very much on top of those.

  Q387  Dr Stoate: Obviously that is very reassuring indeed, but it does rather beg the question of how you could have let literally a backlog of, at one time, 700 unallocated cases build up that had not been dealt with, including a number of public protection cases. It does make me wonder how that situation could have arisen. I am very pleased with what you said about what is happening to put it right, but how did you get into that mess?

  Ms Hinnigan: There were probably a number of factors, and I have to say neither the Chair nor the executive team have knowledge because we were not there at that time, so we are not able to explain exactly what happened. It was clear as we began to uncover the problem and it was clear from the CHRE report that a very significant factor was lack of appropriate, robust management information so we knew what was happening. We were getting certain indicators around certain aspects of the process reported but it was inadequately robust to enable us to properly manage the caseload.

  Q388  Dr Stoate: We just have to hope that it has now been put right.

  Ms Hinnigan: That has been put in place.

  Q389  Dr Stoate: One of the recommendations in the report was that you should move to a system that effectively considered fitness to practise rather than conduct. How do you feel about that?

  Ms Hinnigan: It is certainly something that we are keen to work with the Department of Health to explore. It will be a significant change in role because at the moment we look at conduct. To look at fitness to practise and competence implies quite a significant shift. We need to be very clear about what professional standards are at particular stages for particular roles. We need a lot more work, which we hope the Social Work Task Force will move us towards, around defining exactly what you should expect of a social worker in particular roles at particular stages of their career. The other thing we would need, and again this comes out from the CHRE report, is a wider range of sanctions. At the moment we are only able to remove somebody from the register or suspend them or give them an admonishment. In order to have an effect on competence we really need the ability to set conditions. In other words, "You may only work in a certain case. You must undertake certain additional training or whatever before you can be allowed to work in certain cases." That enables us to lever up quality. We do not have those powers at the moment. There are a number of factors to be addressed and it is not a simple matter but something that we are positive about exploring with the Department.

  Q390  Dr Stoate: It only brings you up to where the General Medical Council is, for example. They have been doing exactly that in terms of fitness to practise and conduct and making recommendations and sanctions, particularly around extra training and so on. There are plenty of examples of models out there.

  Ms Hinnigan: There are models, particularly models for medical professions. A slight caveat is that many experts in the social care field would say that one has to be a little bit careful about translating medical models directly into social care, they may not be so easily transferable, and that is what we need to look at. In terms of setting standards for competence, that is something which we think would help to raise standards.

  Ms Rowe: We should recognise that the domiciliary care sector and employers had got really fired up to register homecare staff. Although there was lots of debate about it, there was this energy there. I am anxious that we do not lose that and we work with the employers to see whether we could come up with some kind of recognition. I have held a long-term belief that, like the Health Service, we do not have the nursing profession that is like the mean running through the whole workforce and you identify the NHS in other nurses. Social workers have never been like that in the social care workforce, they have always been the elite doing something different from the social care workforce. Our mean is around Level 3 and Level 3 is mainly in the domiciliary sector. There is worth in exploring some kind of employer recognition because I think it would be a real shame if that workforce got the message they are not worth registering because of the difficulties that have happened. This would be a way of not pre-empting what the GSCC might do in the future around regulating it, but it would be a stepping stone and would not lose that energy.

  Q391  Charlotte Atkins: Mr Bowman, what evidence do you have on how much personal budgets are now being used?

  Mr Bowman: I have got some figures that were produced relatively recently. In March 2009 some 93,000 people in England were using services and 41% were older people. What that translated to across England was that was 8% across all local authorities with a wide variation from 1% through to 31%. There are some interesting developments. A recent survey carried out by ADASS said that they should achieve the Government's target, which they agreed with ADASS, of 10% of people receiving personal budgets by March next year. They believe that puts them on target to meet the 30% April 2011 target. That is because by October all people are going to be offered a personal budget at the point of assessment. There is a fairly strong direction of travel established and with all the necessary pieces in place it does look as though the targets will be achieved. The issue with personalisation is do you have the infrastructure to support it, because we do not want simply to say, "Yes, we have met 30%" but 30% of what. You need to have the necessary support available in each community to enable people to access personal budgets and to use them well. Local authorities need to ensure the range of provision is there. There is no point having a budget if you cannot buy what you need. There is a whole range of activities that local authorities are engaged in. It is not just about meeting the target but changing the way services are provided. As we heard earlier, that is against a background of threats and reductions to budgets.

  Q392  Charlotte Atkins: Are there big variations between areas?

  Mr Bowman: There are big variations between areas. These are being addressed particularly at regional level by the Department of Health, who have their own regional directorates, but also through ADASS where I think the directors have seconded one of their number to work in the Department with a view to achieving this transformation in a uniform way across the country. Drawing on the best practice where some people are doing it, you have to ask the question why their next-door neighbour cannot do it. When you come to our role in terms of dissemination, if we identify good practice in one authority then whether working at regional or national level we are endeavouring to help people do what is done elsewhere and to get the benefits that those authorities have been able to identify.

  Q393  Charlotte Atkins: Is it possible to further break down those figures that you gave us and tell us what proportion of personal budgets are taken as cash direct payments?

  Mr Bowman: I do not have that information in front of me. I imagine it would be possible. The point was made earlier that we need to be very careful about personal budgets. The fact that somebody gives you a pot of money and leaves you to get on with it is not the case. Some people want that and will be perfectly capable of getting on with it, but a lot of personal budgets are made up of a range of services that are administered by the local authority to meet an individual's aspirations. It will be interesting to compare the elements because some of these will be part cash, part kind and others will be wholly cash and others wholly a range of different provision from different sources.

  Q394  Dr Naysmith: Lin, if I could quote from your memorandum. You say that social workers' skills and knowledge will fit them to "take on the new roles aimed at supporting people to design their own care packages" and supporting service users' families. However, the Director of Community Services at Lancashire County Council has suggested that personalisation could mean service users being left to their own devices, sounding, as he says, "the death knell for social work". How can you be confident that he is wrong and you are right?

  Ms Hinnigan: Our submission that social workers have an important role to play is based upon the training and skills they have and develop and the values that underpin their training, which is around helping individuals to get the best value out of their lives to achieve the things they want to, which absolutely fits with the choice and control and personalisation agenda. Listening to the first set of witnesses this morning, Dr Stoate asked the question about how do we ensure that there is more personalisation and I was thinking absolutely, that is where the role of the social worker is. The social worker can support the individual to help them think about what their needs are, to help facilitate the assessment, to help them make decisions about what is the right sort of package for them. The brokering skills, the advocacy skills are absolutely the skill set of social workers. I know that amongst the directors of adult social services there are indeed varying opinions about how personalisation will affect the mix of staff and what the role of social workers will be in that and in remodelling the workforce we need to make sure that we use the skills of different parts of the workforce to the right effect and in the best way possible. That is exactly where I see social workers, they are part of that mix. That mix will change and the roles are changing as the personalisation agenda develops, but I am confident there is a critical role because of the skills that social workers can bring to that and the ability, therefore, to make the personalisation agenda deliver the vision that is Government's intention.

  Q395  Dr Naysmith: Do you think there are currently enough social workers with these skills who have been exercising them enough recently to be good at using them, or have we got too many of them? I suppose we could look at it the other way round as well.

  Ms Hinnigan: Whatever changes may be going on locally, the vacancy rates do show overall there is 10.9% of all posts vacant, 13% in children's and 12% in adults. The LGA released research this week around children's services saying that 60% of councils are experiencing retention difficulties. The idea that there are too many social workers around does not seem to be borne out by the evidence. In terms of the skill sets, because of changes to the way in which social workers have worked some of them do feel they may have lost some skills in terms of they have been more in a rationing role. Again, I revert to my earlier theme around continuing professional development. We need to ensure that social workers are skilled up through their continuing professional development to develop the particular skills they need for personalisation. I think they are there in their basic core skill set but may well need refreshing because they have been using them in different roles recently.

  Q396  Dr Naysmith: I think we heard from a witness either last week or the week before that she felt this would enable her to return to what she had been trained for as a social worker.

  Ms Hinnigan: Absolutely.

  Q397  Dr Naysmith: You would agree with that?

  Ms Hinnigan: That is a very common message you get from social workers, that they see real opportunities to return to what brought them to social work around helping and empowering people to take control of their lives.

  Ms Rowe: We are doing a piece of work with the Department of Health and the Association of Directors of Adult Social Services to define the roles and tasks which is due to report very shortly. In a sense, this will take a leadership role through the project to bring those directors who are perhaps out of synch with that into the fold.

  Q398  Sandra Gidley: This is to Alan Bowman. Your memorandum refers to "concerns about the wider consequences of expanding numbers and roles of personal assistants", including "the emergence of unregulated `grey' markets, the effects of migrant labour, quality assurance and employment and training conditions". It would be helpful if you could elaborate on some of that.

  Mr Bowman: I think some of the ground was covered in the earlier discussion with UNISON in particular. There is a real issue about the tension between people's aspirations in terms of employing staff directly and the regulation they are safeguarding. As quoted, my predecessor, Baroness Campbell, is very strong on wanting to retain independence and choice. The issue is about informed choice. It is all very well employing someone with a criminal record but you need to know that they have it, you need to know what they have done, and you then need to make that decision yourself. We do have to respect the very strong wishes particularly of working age adults to be very firmly in control. They have often felt badly let down by publicly provided services before and feel if they relinquish that control and their own authority over it that somehow they will be at risk again. The local authority, as we have heard, has a responsibility, a duty of care, so it cannot simply run a free-for-all. My experience, and this applies in some ways to personal budgets, has been that if you simply hand people money the chances of that working are very, very limited. If you try and provide services on the basis of you know best then the chances of them being happy with these services are almost nil. There is something about bringing the skills and expertise of the professionals who assess the role of the social worker, the people who provide services, commission services, in partnership with those receiving them. If you begin to get that kind of co-production or co-working right then the issue about the risks of a potentially unregulated market will diminish. It is right to flag up there is that potential. As personalisation develops and goes on, we do not know what other forms of provision people might choose to access and how that might be provided. There is likely to be considerable interest in self-provision or self-help from a whole range of groups working as co-operatives, or whatever, and we need to be alive to the fact that these are good innovations and we need to help them manage the risks in these innovations because usually they are about people taking control of their own lives and getting a better deal than they had before.

  Q399  Sandra Gidley: I do not quite understand where migrant labour comes into it though.

  Mr Bowman: That has been an issue in certain parts of the country about the costs of employment. We do not know what skills or backgrounds people have. My own view would be that was a temporary phenomenon as particularly immigration from Eastern Europe reached quite a high level and people were coming forward to do jobs when others were not offering to do these jobs. My view would be that as we move through and mature, in a sense, in our relationships with migrant workers we can begin to look at opening that up, and there are particular opportunities being opened up to migrant workers to train in residential care, in supporting people as personal carers and domiciliary care, but we probably did not react collectively quickly enough to the issues and implications of that.

  Ms Rowe: Can I just add that one tends to see personal budgets and direct payments as being a personal assistant and a service user, whereas the reality is it is a service user and quite a body of personal assistants through the night and working shifts. Employment issues are really key. The service user does need to be confident that they are acting as a good employer and even if they do not want to be seen as an employer they need to be able to manage that risk as well. Also, I do think that if service users invests in development, and I do think they intend to do this because many of them want their personal assistants to have development opportunities, it is how that happens that they find difficult and where they are going to get the funding from for doing that. At the moment they can get personal assistants quite easily, but I think that will change and it will be more difficult. A lot of the personal assistants now are trained and inducted into the social care sector by the local authorities but it will cease to be like that and that is going to store up problems for the future.



 
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