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You are here: BAILII >> Databases >> England and Wales Care Standards Tribunal >> Madzi v General Social Care Council [2007] EWCST 995(SW) (11 December 2007) URL: http://www.bailii.org/ew/cases/EWCST/2007/995(SW).html Cite as: [2007] EWCST 995(SW) |
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Madzi v General Social Care Council [2007] EWCST 995(SW) (11 December 2007)
Appellant
Respondent
Representation
At the hearing Ms Madzi represented herself and Mr Grant, a solicitor with Bevan Brittan LLP solicitors, represented the Respondent.
Appeal
Section 58 (2) (ii) requires an applicant to satisfy the requirements of Section 64 of the Act, which is the section that deals with qualifications gained by an applicant outside England. In this case the GSCC formed the view that the appellant did not comply with Section 64 (1) (b). That section states as follows: -
"An applicant for registration as a social worker in the register maintained by the English Council satisfies the requirements of this section if: -
(b) He has, else where than in England, undergone training in relevant social work and either: -
(i) That training is recognised by the Council as being to a standard sufficient for such registration; or
(ii) It is not so recognised, but the applicant has undergone in England or elsewhere such additional training as the Council may require."
Where an applicant has obtained their qualifications and training abroad they are asked by the GSCC to complete a form giving general information about themselves, ("Part 1"), they are also asked to provide information about their qualifications, education and experience ("Part 2").
Facts
"Mrs Madzi was part of a placement team responsible for shelter and crisis centre. Her duties were to make assessment and place clients appropriately and provide counselling to all service users amongst other duties. Although she was a student learner, she had proved to be very efficient and able to work with little supervision. She diligently followed the organisations policy and guidelines and demonstrated a high level of good practice."
"She worked with me at Ghana Breweries, subsidiary of Heineken International as my special assistant co-ordinating our Workplace HIV/Aids programme and other Reproductive Health Issues. She provided counselling at both employee and family levels, and person-centred support services to all employees. This role she competently played to the admiration of all."
In June 2004 she had worked with an organisation called High Quality Lifestyles Limited working with young people with learning disabilities as a key support worker, the Appellant remains in that employment. A letter was produced from the manager, Mr Steve Wood who commented that: -
"She has been a key worker for some of the service users in the time that she has worked at Ebbsfleet and has always advocated for them when the need has arisen speaking on their behalf and acting in their best interests."
Also since June 2004 the Appellant has been a volunteer with Home- Start Thanet and a letter was provided from their executive manager, Ms Sharon Tate. In the letter Sharon Tate wrote: -
"I have known Gloria for approximately 20 months; she jointed Home- Start as a volunteer and started a Course of Preparation with us. This course, although basic, covers subjects such as Listening Skills, Values and Attitudes, Confidentiality, Child Protection Awareness and obviously explains fully what their role would be in working with families."
Later in the letter Ms Tate stated: _
"Unfortunately due to her work and study commitments she has been unable, due to her limited time, to work directly with a family, however, she was able on occasions to offer the Young Parents Organiser some support at the group."
- Enhance their understanding of global influences on social economic and welfare developments and appreciate the place of Europe in a wider frame.
- Increase their knowledge of comparative and cross national welfare issues, a particular reference to community development and migration and European social policy and practice;
- Develop skills in comparative analysis and research as relevant to the field of work of the social professions and engage in analysis of roles of social professionals and their place in promoting social change and individual and community empowerment at a local and global level.
- Engage in intercultural learning in ways which promote developments in professional knowledge and practice across national and international levels.
Ms Bradbury then went on to consider the three placements undertaken by the Appellant during her course, noting there was no detail about the length of the placements.
As far as the Appellant's MA in International Social Work and Community Development was concerned, Ms Bradbury stated that the admission requirement for the course was "a professional social work qualification or nationally accepted equivalent." Also the course information had stated that it was a qualification for people seeking employment in international welfare and major non-governmental organisations in social work and community development.
The Appellant's post degree work was also considered, in particular her work for Ghana Breweries and her work in the UK. In relation to the Appellant's Personal Statement, Ms Bradbury commented that this showed that the Appellant had "appropriate social work values."
Ms Bradbury concluded as follows: -
"Whilst the applicant has evidence of her academic ability I believe there are gaps in both her experience and knowledge. Her qualification is essentially an education qualification and her MA, which assumes a basic social work qualification, focuses on very specific areas which are addressed in depth. The applicant has been engaged in work activity, some of which has involved social work tasks but in Ghana these formed only a part of her responsibilities and her work in England I judge not to be of sufficient complexity to equate to the DipSW qualified practice."
Ms Bradbury then went on to recommend that the Appellant had not immediately demonstrated an equivalency with the DipSW and that she should complete a 50 day placement in a mainstream social work setting and complete modules of learning on social work theory and methods in order to increase the range of her social work skills. Additionally, she should complete a module on English Law as it applies to the social work.
As far as social work training in Ghana was concerned it was pointed out that the School of Social Work in Accra and the University of Ghana, Legon offered professional training for social workers.
The Appellant is a full member of the Ghana Association of Social Workers, full membership being open to "social workers who had completed an accredited course of study in social work leading to at least a Diploma in Social Work or equivalent." Further clarification was provided in a letter from the National President of the Association to the GSCC in which it was stated: -
"Our information shows that Bachelor Degree in Population and Family Life is a social work programme run by University of Cape Coast, Ghana. The programme has 2 options; students either graduate as Bachelor of Arts (BA) or Bachelor of Education (B.ED) in Population and Family life. The difference is that students who complete the Bachelor of Education in Population and Family life have to read additional courses and merit the title (B.ED Honours). This means that anyone who graduates in Bachelor of Education in Population and Family Life has enhanced his qualification from Bachelor of Arts in Population and Family Life.
Mrs Madzi holds a Bachelor of Education in Population and Family Life. Our assessment of her transcript clearly reveals that a substantial number of the courses she pursued under that programme are Social Work orientated. It was on this basis that Ms Madzi's application for full membership of the Association was granted."
"Given the educational nature of the qualification gained and the nature of the placements completed, this qualification does not meet the requirements of the DipSW, there is insufficient underpinning social work theory and methods informing practice."
The Appellant's Masters in International Social Work and Community Development was described as being limited to very specific fields of interest. Finally having considered all of the available information, together with the Appellant's Personal Statement Ms Pritchett-Farrell concluded that there were clear gaps in both the Appellant's social work experience and social work knowledge, although the Appellant's Personal Statement had demonstrated an insight into social work values.
Ms Pritchett-Farrell concluded by stating: -
"Given the educational nature of the qualification gained in Ghana, as well as the MA from UEL being not accredited by the GSCC, the applicant has not immediately demonstrated that they had met the requirements of the DipSW and additional training of 80 days practice learning in a statutory social work setting is recommended. This should address social work theory and methods, social policy and legislation, analytical and critical reflection skills."
"We wish to explain that the degree programme she followed had theory and practical components which will enable her to fit into any job placement outside her teaching profession."
Enclosed with the letter was a Programme Structure, together with a description of the various courses making up that programme.
"Whilst it was noted that the Appellant was a member of a Ghana Association of Social Workers, had undertaken an academic course in social work in the UK and had worked in social care, that could not make up for the fact that she had not trained in social work in Ghana. It was therefore a mismatch between the Applicant's training and experience and that of a Diploma in Social Work. To qualify as a social worker it would be necessary to complete qualifying social work training in the UK. The decision of the GSCC was therefore to refuse the application for registration on the above grounds."
The Appellant said that she had undertaken a number of placements whilst at university, including with the Ghana National College, which had been a teacher placement, where the Appellant had carried out such tasks as planning lessons. She had also had a placement with the Community Water and Sanitation agency where she had been involved in looking at social structures and breaking down barriers between men and women and their respective roles, there had been no external assessment of her work on this placement. Finally she had been in a shelter and crisis centre placement with the Needy Foundation where she had worked as part of a team carrying out assessments and counselling of people who had been a victim of various forms of abuse. The Appellant's work on this placement has been assessed.
The placements had all been found by the Appellant and then approved by the university.
The Appellant said it was necessary to understand that the concept of social work differed from country to country. The course that she had taken at The University of Cape Coast equipped her to practice as a social worker or as a teacher in a classroom. The qualification that she had obtained had been accepted by the Ghana Association of Social Workers.
"I supervised Gloria and signed off her work. Based on her work I can confirm that she was a well motivated confidant learner. She got on well with all the staff and clients at the centre. I have no doubt that she can work effectively anywhere including the UK."
A letter was also provided to the GSCC from Mr Richard Akumbas a former project development officer with the Community Water and Sanitation project. He confirmed that the Appellant was with the project between June 1999 and October 1999. Further that as part of the Community Health and Hygiene Education team the Appellant was "responsible for programmes centred on empowerment, advocacy, health education, water and sanitation mainly for women and the girl child." He also explained that although the project was mainly based on water and sanitation there had been a recommendation that a social worker should be part of the team to deal with the social and welfare issues and that's where "Gloria's work became very essential".
Mr Akumbas said that he had not supervised Gloria directly but he was aware that she had been supervised and assessed by the head of the project in the district the late Mr Alfred Ampofo-Addo.
In this case IRS had concluded that the Bachelor of Education (Honours) in Population and Family Life obtained by the Appellant was outside the field of social work and would not prepare the Appellant to undertake work as a qualified social worker in the UK. The IRS had also considered the Appellant's MA qualification but considered that the course, whilst of academic merit and relevance to academic study and international social work was not approved by the GSCC for preparing students to undertake the professional role of social worker in the UK.
Ms Clarke stated that she had concurred with the conclusion not to register the Appellant on the basis that the qualification held was not in the profession of social work. In agreeing with the recommendation, Ms Clarke had taken into consideration the fact that two independent assessors had concluded that whilst the Bachelor of Education course was not a social work qualification, there had been some overlap between the two qualifications held by the Appellant and that this warranted a recommendation of additional training. However, Ms Clarke had formed a view that the recommendation of 50 or 80 days with supplementary taught input, was not within the range of recommendations that could be made, given that neither qualification held by the Appellant was in the profession of social work nor had been assessed against a social work knowledge, theoretical, practice or value base as part of a process of qualifying to undertake the profession of social work, training in social work. The refusal of registration with a facility of addition training was relevant only where the qualification was held in social work.
Ms Clarke had also taken into consideration the fact that the Appellant held full membership of the Ghana Association of Social Workers and that the GSCC had been informed by the Association that full membership was only open to social workers who had completed an accredited course of studying social work leading to at least a Diploma in Social Work or equivalent. However, the Association was not a regulatory or accredited body for social work education. Ms Clarke was in agreement with the IRS manager's summary assessment that the Appellant's membership of the Ghana Association of Social Workers did not in this particular instance change the nature of the qualifications held by the Appellant.
Tribunals conclusions
The qualification obtained by the Appellant was considered by two IRS assessors, the first expressing the view that although there was some overlap between education and social work in such areas as "Individual Growth and Development", "Communicative Skills", "Principles of Guidance and Counselling" nevertheless it was predominantly an education course, with no consideration of social work theory and methods of working within the framework of the law and no input relating to values. The second assessor also decided that it was a course of an educational nature.
The Appellant in her evidence maintained that the course did cover the core competencies of the Diploma in Social Work and set out in her Personal Statement how she met the competencies. However, having looked at the information from the University of Cape Coast, in particular the programme structure and the various courses studied, we concur with the IRS assessors that whilst there was some overlap of social work the course was predominantly to do with education and was not taught in a social work context.
The other issue in relation to the course was the placements undertaken by the Appellant there were three in total, one was with the Ghana National College which the Appellant accepted in her evidence was a teaching placement, there was also one with the Community Water and Sanitation agency in respect of which the Appellant confirmed that there had been no assessment by an external assessor although information had been submitted direct to the university. The third placement was with the Needy Foundation where the Appellant was working a placement team supporting young people who had suffered abuse. Although the GSCC accepted that the total length of the placements was in excess of the length that would have been required under the Diploma of Social Work they were concerned about the context in which the placement work had been carried out. Whilst there were elements of social care in the appellants placement with both the Community Water and Sanitation project and the Needy Foundation there appears to have been little direct supervision of the Appellant on the placement nor was the placement conducted in a social work context.
The appellant also relied on the fact that she is a member of the Ghana Association of Social Workers and the evidence from that body that membership was open to her because she had a degree which was substantially social work orientated. Whilst we clearly take into account the comments from the Association we also note that they are not and indeed there is not a regulatory body for social workers in Ghana.
The Appellant then came to the UK where she worked as a residential social worker for 5 months with the elderly and subsequently worked for over 2 years as a key worker for adults with learning disabilities.
The Appellant's work contains an element of social care, however it is not focused or supervised in the same way that a social work placement undertaken as part of the Diploma in Social Work would have been. Although there may have been an element of supervision in all of the work undertaken by the Appellant it is the fact that it is not in the context of assessed social work practice that is important and therefore cannot in our view fill the gaps which we have identified in the Appellant's degree.
We do take into account the admission criteria set by the University of East London for students wishing to take the MA, however it seems probable that previous qualifications are used to determine whether a candidate has the necessary academic grounding and skills to complete an MA course, rather than necessarily considering whether it is equivalent to a Diploma in Social Work.
Accordingly our unanimous decision is confirm the GSCC's decision and dismiss the appeal.
Order
The appeal is dismissed.
Mr Stewart Hunter (Nominated Chairman)
Mrs Lydia Gladwin
Ms Margaret Williams
Date: 11 December 2007