Our fair referral principles

Introduction

Social Work England is committed to ensuring our regulation of the social work profession is fair and inclusive. We know that involvement in a fitness to practise investigation can be very difficult. We want to minimise stress to social workers wherever possible. We therefore want to ensure that we are receiving the right referrals, at the right time. We also want to support employers to manage concerns at a local level where possible and appropriate, and to ensure we are receiving referrals that are fair and proportionate.

The following is a set of 4 principles for employers of social workers to apply when they are considering raising a fitness to practise concern with us. Employers should exercise their professional judgement when applying these principles and should consider them alongside our fitness to practise guidance for employers, and the information on the raise a concern page.

Background

We are committed to continual learning through the effective use of good quality data and insight, to ensure that we understand the impact we have and inform our future plans. In September 2023, our initial analysis of diversity data in our fitness to practise processes indicated that the following groups are overrepresented in fitness to practise referrals, compared to the register of social workers in England:

• social workers aged 40 and over
• male social workers
• social workers of Black / African / Caribbean or Black British ethnicity

Our subsequent analysis of data from referrals in 2023 to 2024, suggests that some of these groups remain overrepresented at different stages of the fitness to practise process. You can find the latest data in the data and insight section. We wanted to explore how we could work with the sector to address this and encourage fair and proportionate referrals.  

Through updated analysis of our data, we have a clearer understanding of trends in the referrals we receive in our fitness to practise process. Gaining a clearer understanding of trends in the referrals we receive, and the progression of cases through our fitness to practise process can help identify points of intervention to help reduce the disparities and overrepresentations we have observed.

About our fair referral principles

We have co-produced these principles with our Single Point of Contact (SPOC) network. The network is made up of representatives from every local authority in England and aims to improve communication and timeliness in our fitness to practise processes. Their contributions were integral in shaping the principles set out below.

The principles are intended to promote fairness and proportionality in fitness to practise referrals made by employers. This marks an important first step towards fostering more equitable approaches to fitness to practise for all social workers in England, particularly those currently over-represented in the system.

These principles were also informed by our data and insights as well as discussions with Skills for Care and representatives from organisations signed up to the Social Care Workforce Race Equality Standard (SC –WRES) and other stakeholders including The Professional Standards Authority for Health and Social Care (the PSA).

The fair referral principles

1. Proactive intervention and early identification 

Physical or mental health issues can be a regulatory concern if a social worker’s fitness to practise is impaired as a result. If a social worker is not adequately managing a health condition in a way that protects the public from any risks posed by the condition, their fitness to practise may be impaired by reason of physical or mental ill health. We have published 'guidance on health concerns' which explains what types of information and evidence we may require to investigate whether a social worker’s fitness to practise is impaired by reason of ill health. We encourage employers to work with social workers to address unmanaged health concerns to prevent the likelihood of a fitness to practise concern arising.

2. Partnership and proportionality 

It's important to consider the wider system in which the social worker is operating, including organisational, structural, and cultural factors that may have contributed to concerns that the employer may need to refer to the regulator. This can help distinguish between individual accountability and system-level learning needs.

For example, some local authorities reported using review panels including line managers, HR leads, and other relevant professionals to support a more balanced and reflective process to determine whether a referral to the regulator should be made. Feedback suggests these panels help mitigate potential bias or discrimination in decision-making, while promoting fairness and consistency.

Referrals to Social Work England should be fair and considered in the context of:

• our guidance and professional standards
• the individual’s role
• the environment in which they work
• and the potential for meaningful local resolution and learning

Where concerns can be appropriately addressed at a local level, this should be explored before making a regulatory referral.

Social Work England also engages Local Authority Designated Officers (LADOs) to support their understanding of when to raise a concern. We also have a LADO network forum to support peer learning and engagement which aids consistency of raising a concern with us. 

3. Consider potential bias within concerns

We recognise that bias and prejudice may sometimes play a role in concerns raised about social workers. Analysis of our data supports this and indicates that several groups are currently overrepresented in our fitness to practise process. Before raising a concern with us it is important to consider whether the referral is influenced by other contextual factors including potential bias or prejudice.

4. Contextual awareness 

A healthy and inclusive workplace culture is essential for supporting professional efficacy and preventing fitness to practise concerns. Organisations employing social workers must actively examine and address workplace culture. Ethnically minoritised social workers have reported feeling over-scrutinised and subject to microaggressions in the workplace.1 Negative workplace environments can lead to emotional distress and workforce attrition and as a result poor professional performance and could contribute to the issues which are referred to us. Proactively fostering a respectful and equitable culture is therefore a matter of good practice, professional safeguarding, and supports workforce retention. It also involves creating a genuinely inclusive environment, one that celebrates and welcomes difference, rather than marginalises it.

When making a referral, consider any contextual factors that may have contributed to the concerns. If, after this reflection, you still believe a concern should be raised, you should also consider whether it is important to highlight those contextual factors in your referral.

Case examples

Example 1

Social worker A is a social worker who works in a safeguarding team. On more than one occasion, she has breached confidentiality. This includes leaving confidential notes at the home of a service user. The notes relate to other people the social worker works with. The matter was referred to Social Work England and the social worker was given a sanction (warning).

The social worker accepted they were in breach of the standards. They added that they had been suffering from anxiety and struggling with their caseloads and as a result had struggled with attention to detail in terms of document management.

Learning: In this example, it was appropriate for a fitness to practise concern to be raised. However, the contextual information provided by the social worker suggests that early intervention may have prevented the data breach, and therefore, a fitness to practise concern needing to be raised. 

Prevention could have included the early identification of the difficulties the social worker was experiencing through reflective supervision. This process could have provided a means to address the circumstances that contributed to mental health issues impacting on their practice. Reflective supervision is one approach that supports early identification and enables appropriate preventative support. 

However, part of the learning may also lie in exploring the organisational culture that surrounded the social worker. For instance, why didn’t they feel able to raise their health concerns themselves? This could indicate a poor or unsupportive culture where seeking help was not encouraged or felt unsafe. Addressing such cultural barriers is crucial in fostering an environment where staff feel empowered to speak up and access support without fear of judgement or reprisal.

Example 2

Social worker B emigrated to England from a non-English speaking country. One of the registration requirements for social workers who qualified overseas is to provide evidence of their knowledge of the English language. B’s employer has raised a fitness to practise concern and stated that her knowledge of English is such that her practice is impaired.

Specific concerns relate to B having received complaints from service users who report they struggle to understand her and other issues raised include her making mistakes such as struggling with IT, sending documents to the wrong addresses and sharing inaccurate information with service users.
B does not accept that her knowledge of English is an issue and can evidence having studied to a level above the minimum standard set by the regulator.

Learning: The learning from this case highlights the importance of accurately identifying the root cause of concerns before escalating them to us. While communication issues were raised, including difficulty understanding the social worker and errors in information handling, these concerns did not present a clear or consistent pattern indicating that the social worker’s English language skills were inadequate. In fact, the social worker was able to provide evidence of qualifications that exceeded the minimum language standards set by the regulator. This suggests that the challenges may have stemmed from other factors, such as difficulties with IT systems, unfamiliarity with local procedures, or transitional challenges related to working in a new country and organisation.

Importantly, the employer later acknowledged that the social worker’s overall practice was acceptable, which further supports the view that the concerns could have been addressed effectively through local management and support mechanisms rather than being treated as a regulatory issue. This case underscores the need for employers to distinguish between concerns that warrant regulatory intervention and those that are better managed through supervision, training, and development within the workplace. Misattributing broader practice issues to language proficiency without clear evidence not only risks unfairly targeting internationally trained professionals but may also overlook the real support needed to help them succeed.

Further support from Social Work England

Make use of our Single Point of Contact quarterly forums

This is an opportunity to hear from and interact with Social Work England at a national event where you will be able to hear from and connect with other employers of social workers from across the whole of England. 
The quarterly forums offer an opportunity to consider ways to address the over-representation of certain social workers in the fitness to practise system. We also hope they will help you consider ways to implement preventative measures within your organisation and local area.

We currently have a Single Point of Contact at every local authority in England. If you are unsure who your contact is, please speak to your principal social worker or Social Work England regional engagement lead.
If you do not have a Single Point of Contact within your organisation and want to establish one, please contact your regional engagement lead.  

Use our regional engagement service

The regional engagement leads within Social Work England, is a resource for everyone with an interest in social work. We have a commitment to support employers of social workers to understand, address and prevent fitness to practise concerns arising. Regional engagement leads are qualified and registered social workers. The team can offer regular fitness to practise workshops to your organisation and in some cases, tailored data on fitness to practise issues in your area.  

Contact your regional engagement lead for further discussion, updates or to arrange a bespoke workshop for your organisation. Please share any insights, examples of good practice and suggestions for change by staying in-touch with your regional engagement lead.

The principles set out above are intended to support employers to ensure they make fair and appropriate referrals to us, not to deter them from doing so. If after applying these principles a concern needs to be raised with us, then this can be done via the raise a concern form.