BASW urges chief social worker to lobby against ‘wilful neglect' laws

The plans, announced earlier this month by Prime Minister David Cameron at a high-level Downing Street summit, would see measures recently introduced for health and adult social care workers extended to children’s practitioners by 2017.

Professionals found to have missed abuse through poor practice could be charged with “wilful neglect” and face up to five years in prison.

The Labour Party said the proposals, one of 50 produced as part of the government’s child sexual exploitation action plan, do not go far enough, but BASW and other children’s sector leaders have warned that they unfairly target social workers and could damage recruitment to the sector.

The open letter, published today and signed by Guy Shennan, BASW’s UK chair, and Maggie Mellon, vice chair, urges Trowler to “provide strong cross-party advice” against the proposals.

It says: “Individual social workers must not continue to be scapegoated and blamed for the far more serious systemic statutory failings that have been revealed in a number of inquiries and reviews.

“Extending the definition of wilful neglect as proposed will not achieve the desired outcome of making children safer, but will make things worse. We need government to make an informed response to the problem of the organised abuse and exploitation of children and young people. Creating a culture of blame, fear and self-protection is the worst possible way to respond.

“Recruitment to child protection is already difficult, morale is very low, and frontline services struggle to retain the most experienced and skilled workers. The threat of prosecution for what have been systemic rather than individual failings can only make this situation worse.”

BASW adds that the fear of prosecution for not reporting abuse concerns will mean that overstretched child protection systems “will surely be flooded”.

In addition, it says the proposal is a “blatant example of opportunistic playing to the gallery” in the run up to the election. It has requested a meeting with Trowler to discuss the issue.

“We recognise that change is required but it needs to be considered, proportionate and responsible,” the letter says.

“What is not needed are any further ill-thought-out and politically motivated calls for change in the run-up to the election. We ask that you use your influence to discourage any other examples of this happening.”

See the current issue of CYP Now for more on the wilful neglect proposals.