Transcript PNandMC assessment of students with criminal convictions

Social Work admissions: applicants with
criminal convictions - the challenge of ethical
risk assessment
Peter Nelson
Sheffield Hallam University
[email protected]
Malcolm Cowburn
University of Bradford
[email protected]
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

Definitional
Criminal convictions
 Crime reports
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Social work admissions
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Responsibilities
– Gatekeeper (protect the public)
• Scott, N. & Zeiger, S. (2000)
– Emancipator (widening access)
• Magen, R. H. & Emerman, J. (2000)
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
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
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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)
Technical risk assessment: GSCC
guidance
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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)
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
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)
GSCC guidelines - reflections
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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’
References
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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