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BASW 3 point Legal Campaign against The College of Social Work (TCSW)

Page 17 BASW’s PSW Magazine, December 2011 ‘the chief’
(Written on 21 Nov 2011)

Extract

“As I write there seem to be three possibilities which will play themselves out before the end of 2011 when I will be able to talk about something else.

The first possibility is that ministers recognise the serious concerns about the independence probity and sustainability of the College which BASW has been raising since December 2009 and which were amplified by all party members of the Select Committee. If Ministers* are prepared to act BASW stands ready to help put the College of Social Work on a proper footing.

The second possibility is that BASW successfully defends action in the Company Names Tribunal – brought by an organisation, the Interim Board of the would-be College, which has no members, is funded by the taxpayer and supported by a trade union with 1.25 million non social workers – and in doing so retains the College of Social Work company registration to which we have been entitled for 41 years. In turn, under this scenario, BASW goes on to seek a Judicial Review of the entire process to establish the proposed College.

The third option is that options one and two above either do not succeed and BASW boldly and defiantly carries on to our new target of 15,000 members by the end of September 2012.

BASW has never wanted to compete with a publicly funded ‘College’…”

*Education Committee publishes Correspondence Relating to the College of Social Work
Publication of Correspondence between the Education Committee and the Department for Education
http://www.parliament.uk/business/committees/committees-a-z/commons-select/education-committee/news/

High tensions over establishment of social work college

BASW also registered the college’s name (10/02/10) while engaged in negotiations but didn’t tell anyone, and now action is being taken to wrest that ownership from them. Maurice Bates, a co-chair of CSW, walked out of one meeting (7/6/11) when pressed for details of the Unison-college agreement** (these were only released (9/11/11) when the Commons education select committee pressed for them).”
http://www.guardian.co.uk/social-care-network/2011/dec/08/high-tensions-social-work-college

**An agreement described by BASW as “innocuous” (13/11/11) and “gave our members no particular concern” (2/8/11)
http://www.communitycare.co.uk/carespace/forums/basw-judicial-review-v-college-of-social-work-12223.aspx#60148

BASW & College of SW – an impartial opinion

BASW CEO Chutzpah?

24th November 2011

BASW – The College of Social Work
Council noted that the Social Care Institute for Excellence (SCIE) has re-instigated its previously adjourned action with the Company Names Tribunal

It was therefore only after due consideration and with regret that BASW Council agreed that it was left with no alternative but to take steps to have these concerns addressed through legal process.

BASW has therefore sent a ‘letter before action’ to the Government, SCIE and ‘TCSW Ltd’ drawing attention concerns on four counts:

• Failure to establish an independent College

• Prospective breach of procurement law

• The unfair exclusion of BASW

• The administration of the Social Work Education Grant.”
http://www.basw.co.uk/ebulletin/5252/

Key Documents, Resources and Exchanges about BASW and The College of Social Work

[under development]

Below are a set of  key documents, resources and exchanges about BASW and The College of Social Work, some of which published by The College of Social Work, on it’s website’s Freedom of Information Act (FOIA) section and those FOIA disclosures published on whatdotheyknow.com, as well as information already in the Public domain. Much information is sourced from TCSW, as it is subject to the FOIA and Government Open Data policies and have been posted here, because TCSW has in the past disclosed FOIA  requested information via url’s (www links) on it’ own website, only to later remove the url.

Any suggestions?

You can make suggestions of what to include on this page via Twitter or CareSpace or use the contact page: https://collegesofsocialwork.wordpress.com/contact/

BASW rebuttal of claims made in risk assessment
http://cdn.basw.co.uk/upload/basw_103342-7.pdf


September 2011

June 2011

May 2011

February 2011

23-02-11 BASW to ditch name and seek unity with social work college
http://www.communitycare.co.uk/Articles/23/02/2011/116326/basw-to-ditch-name-and-seek-unity-with-social-work-college.htm

11-02-11 Universities ban BASW college campus roadshow
http://www.communitycare.co.uk/Articles/11/02/2011/116267/universities-ban-basw-college-campus-roadshow.htm



January 2011

27-01-11 BASW rejects third-party mediation with College
http://www.communitycare.co.uk/Articles/27/01/2011/116177/basw-rejects-third-party-mediation-with-college.htm

26.01.11 BASW letter


25.01.11 TCSW open letter



25.01.11 TCSW letter

24.01.11 DE letter

24.01.11 DH DE letter


21.01.11 BASW letter


22-01-11 BASW chief Hilton Dawson admits ‘disillusionment’ at college talks
http://www.communitycare.co.uk/Articles/22/01/2010/113628/basw-threatens-to-launch-breakaway-college.htm

21-01-11 BASW confirms launch of own college of social work
http://www.communitycare.co.uk/Articles/21/01/2011/116155/basw-confirms-launch-of-own-college-of-social-work.htm

20.01.11 TCSW letter

17.01.11 TCSW letter

14.01.11 TCSW statement


December 2010


16.12.10 BASW letter


15.12.10 TCSW letter

06.12.10 TCSW letter

03.12.10 BASW letter


November 2010

24/11/2010 – – Name & Registered Office:
COLLEGE OF SOCIAL WORKERS
GOLDINGS HOUSE
2 HAYS LANE
LONDON
ENGLAND
SE1 2HB
Company No. 07449792
Status: Active
Date of Incorporation: 24/11/2010
Country of Origin: United Kingdom
Company Type: PRI/LBG/NSC (Private, Limited by guarantee, no share capital, use of ‘Limited’ exemption)
Nature of Business (S)
http://www.companieshouse.gov.uk/info

February 2010

10/02/2010 – Name & Registered Office:
COLLEGE OF SOCIAL WORK
16 KENT STREET
BIRMINGHAM
UNITED KINGDOM
B5 6RD
Company No. 07152880
Status: Active
Date of Incorporation: 10/02/2010
Country of Origin: United Kingdom
Company Type: PRI/LBG/NSC (Private, Limited by guarantee, no share capital, use of ‘Limited’ exemption)
Nature of Business (SIC(03)):
None Supplied
http://www.companieshouse.gov.uk/info

January 2010

21-Jan-2010 baswcollege.org.uk Registered by BASW

21-Jan-2010 ukcollegeofsocialwork.org.uk Registered by BASW
21-Jan-2010 ukcollegeofsocialwork.co.uk Registered by BASW

December 2009

16-Dec-2009 royalcollegeofsocialwork.org.uk + .info + .com + .net Registered by SCIE

16-Dec-2009 nationalcollegeofsocialwork.org + .com. .info . net .org.uk + Registered by SCIE

September 2009

08-Sep-2009 nationalcollegeofsocialwork.org.uk Registered by BASW

July 2009

10-Jul-2009 collegeofsocialwork.org.uk Registered by BASW
10-Jul-2009 rcsw.org.uk (Royal College of Social Work?) Registered by BASW

College of Social Work Merger Risk Assessment (Published 18/1011)

BASW – #CoSW and UNISON: Private social work practices

Private social work practices – UNISON response

UNISON, the UK’s largest union, today hit out at government plans for six new sites for pilot private social work practices, warning that they are bad news for children and vulnerable adults.
13/04/11
http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2263

“I don’t think we’re privy to all the details of
the Interim Board/Unison deal and in fact
we’re told that these have not been fully
worked out. However, we are concerned that
any large trade union which encompasses
numerous occupations, other than social
work, in its membership will not always
represent social work well. We are also
concerned about relationships with other
unions which under these proposals would
be in the hands of Unison. We are wary about
the inordinate influence which an exclusive
deal could grant to a body which actively
opposes Social Work Practices and is
unsympathetic to independent social work.”

‘The Chief Viewpoint’ PSW April 2011 Page 15

Emails between Hilton Dawson and Fran Fuller of BASW and Maurice Bates and Corinne May-Chahal, The College of Social Work for the months of December 2010 and January 2011

“Please find attached copies of emails between Hilton Dawson and Fran Fuller of BASW and Maurice Bates and Corinne May-Chahal, The College of Social Work for the months of December 2010 and January 2011. ” http://www.whatdotheyknow.com/request/65111/response/165982/attach/html/4/request%2065111%209be6e046.pdf.html

Download: (pdf files)
25 Nov to 2 Dec 2010 (view online)
03 Dec to 07 Dec 2010 (view online)
15 Dec 2010 (view online)
16 Dec 2010 (view online)
17 Jan 2011 (view online)
20 January 2011 (view online)
21 Jan 2011 (view online)
24 Jan 2011 (view online)
25 Jan 2011 (view online)
26 Jan 2011 (view online)
28 Jan 2011 (view online)
31 Jan 2011 (view online)

All emails in one Zip file of emails (9.0 M)

From: “WhatDoTheyKnow” <team@whatdotheyknow.com>
FOI requests to 'Social Care Institute for Excellence'
======================================================

-- Hilton Dawson and Fran Fuller of BASW and Maurice Bates and Corinne May-Chahal, interim co-chairs, College of Social Work --
Social Care Institute for Excellence sent a response to Tony Sheperd (8 April 2011)
     "Dear Tony Sheperd Please find attached the response with
     attachments for request-65111-9be6e04 Best wishes The College
     Development Team..."
http://www.whatdotheyknow.com/request/hilton_dawson_and_fran_fuller_of#incoming-165982
Alter your subscription
=======================

Please click on the link below to cancel or alter these emails.

-- the WhatDoTheyKnow team

FOI Watch: SCIE latest The College of Social Work responses #TCSW

From: "WhatDoTheyKnow" <team@whatdotheyknow.com>

FOI requests to 'Social Care Institute for Excellence'
======================================================

-- ‘helpdesk’ --
Social Care Institute for Excellence sent a response to Paul Evans (31 March 2011)
     "Dear Paul Evans Please find attached the response to
     request-66197-c89b78fb Best wishes on behalf of The College Of
     Social Work [1]TCSW_..."
http://www.whatdotheyknow.com/request/helpdesk#incoming-163787

-- Emails and any attachments sent through collegechair@scie.org.uk --
Social Care Institute for Excellence sent a response to Mohammed Kasim Ali (31 March 2011)
     "Dear Mohammed Kasim Ali Please find attached the response to
     request-66001-1ae8e3 Best wishes on behalf of The College Of Social
     Work [1..."
http://www.whatdotheyknow.com/request/emails_and_any_attachments_sent#incoming-163788

-- Interim Board meeting agendas and minutes for 2011 --
Social Care Institute for Excellence sent a response to Mohammed Kasim Ali (31 March 2011)
     "Dear Mohammed Kasim Ali Please find attached the response to
     request-65998-15bce18c Best wishes on behalf of The College Of
     Social Work [1..."
http://www.whatdotheyknow.com/request/interim_board_meeting_agendas_an#incoming-163789

-- College of Social Work. website --
Social Care Institute for Excellence sent a response to Kevin Johnson (31 March 2011)
     "Dear Kevin Johnson Please find attached the response to
     Request-65763-27979e Best wishes on behalf of The College Of Social
     Work [1]TCSW_C..."
http://www.whatdotheyknow.com/request/college_of_social_work_website#incoming-163790

BASW: 40 years of Tactics and Service Users?

Dear John Herod,

Can you sign-post to any substantive evidence of Service User involvement over the last 40 year history of BASW? (British Association of Social Work). You mention “tactics”, can you please elaborate and explain how and if they are compatible with this Code of Ethics and or good governance and member led democratic norms of any organisation like BASW?

Questions for John Herod, your comments in PSW pg 11, April 2011 Ed:

BASW/TAISCoSW – The Association, Institute, Society and College of Social Work

“So the desire for a College of Social Work is not readily distinguishable from a desire for a bigger, stronger and more influential BASW.”

Could not agree more, BASW could call itself anything, like:

BASW/TAISCoSW – The Association, Institute, Society and College of Social Work

So why launch a direct rival to the Social Work Reform Board’s (SWRB) The College of Social Work (TCSW), why not carry on using the Name ‘BASW’, as the above quote clearly suggests that words in an of themselves are meaningless, but then again BASW’s council clearly thinks use of the word ‘College’ is a Metamorphosis in a way that use of the Word ‘Association’, ‘Institute’ or ‘Society’ would not of been. Let BASW go the way of the defunct Royal Mail ‘Consignia’ rebranding, though it may never be able to recover the esteem BASW is held in, once and if it changes it’s name to expunge BASW and introduce the Rose thorn bush name:

College of Social Work

It is a standard practice that most not for profit Companies Limited by Guarantee have objectives that are similar to BASW’s, very few would assume such gives that the credibility to make themselves the one and only College of their field, against any other interest group, especially if after 40+ years of existence, as is the case of BASW, it has less that 10% of all registered Social Workers in the UK and never used these 40 years to set up a ‘College’…..

“A logical decision but we need a single college if social work is to prevail
The word ‘College’ is just like ‘Association’, ‘Institute’ or ‘Society’. BASW – The College of Social Work (BASW/CoSW) is correct to say that its objectives, as laid down in its Memorandum of Association, are those which a social work college should pursue, and of course if BASW/CoSW changes its name by dropping the ‘BASW’ part, to become simply ‘College of Social Work’, then it will be a College, whether or not anything else changes. A rose by any other name will still smell the same. So the desire for a College of Social Work is not readily distinguishable from a desire for a bigger, stronger and more influential BASW.
Source: Keith Bilton page 11, PSW, April 2011 Ed

What real political influence does BASW and The College of Social Work (SWRB) have?

AGM: BASW Members you have till Friday March 25th 2011 for ordinary motions and for amendments to special resolutions http://www.basw.co.uk/agm/

If anyone wants an utter independent view of the impact The College of Social Work (SWRB) has had in Westminster so far in 2011 (and earlier), a snap shot can be seen here:
http://www.theyworkforyou.com/search/?s=%22The+College+of+Social+Work%22

An equivalence for BASW:
http://www.theyworkforyou.com/search/?s=%22BASW%22

Plus:

[ BASW and the TUC ] [ The College of Social Work (SWRB) and the TUC ] [ BASW and UNISON ] [ The College of Social Work (SWRB) and UNISON ]

– – – – – – –

Q: With this background what credibility does BASW have for it’s campaign to secure QUANGO like GSCC powers for any College of Social Work?

A: Nul Points (BASW – The Joys of Eurovision)

What I find fascinating is that since 1975 the term “BASW“, gets mentioned 19 times. From 2009 the term “The College of Social Work” gets mentioned 24 times.

Each of the mentions for “The College of Social Work” are made up of little more than repetitive Questions being put to Ministers, with the same answers being given. Seems like Westminster has no concept of vexatious Questions.

Since 1971 “British Association of Social Workers” gets mentioned 4 times per year

To be a bit more precise and to give some indication of influence using the exact time frame 18/03/2010 to 18/03/2011, for Westminster mentions (www.parliament.uk) the results are:

BASW = 1
The College of Social Work = 23
British Association of Social Workers = 10

Since 24/01/2011 when BASW launched it rival use of the word ‘College’
Mentions: “The College of Social Work” = 21 , “BASW” = 1 . “British Association of Social Workers” = 8 (only 1 mention unrelated to the repetitive questions on The College of Social Work…)

Scottish Parliament (no date range): Lets see what influence (mentions) each term gets: For “BASW” = 0 “College of Social Work” = 0 and “British Association of Social Workers” = 146
Welsh Assembly (no date range): “BASW Cymru” 1 “College of Social Work” = 0 “BASW” = 0 “British Association of Social Workers” = 1
Northern Ireland Assembly (no date range): Search engine not functioning http://search2.nics.gov.uk/kbroker/niassembly/search.jsp

Source: http://www.communitycare.co.uk/carespace/forums/would-you-be-a-member-of-both-basw-and-the-9157.aspx?PageIndex=20

Text/Mark: “TCSW” and “The College of Social Work” Trade Mark Journal adverts

Text: “TCSW” Advertised in Trade Marks Journal 11 March 2011 http://ow.ly/4dBlm

Text/Mark: “The College of Social Work” to be advertised in Trade Mark Journal 18 March 2011 http://ow.ly/4dBz9

The College of Social Work Trade Mark applications cost £900, Invoice of 31/1/11 Invoice

Why do you keep using the name The College of Social Work when BASW have asked you to stop using it?

The question of names is very complex. We have been tasked to set up The College of Social Work, and have been using that name since January 2010. We want to work with BASW to set it up and remain committed to negotiations with BASW to build one strong college to provide leadership to the profession.
http://www.collegeofsocialwork.org/faq.asp

Objecting and challenging Trade Mark Rights

What about unregistered trade marks?

There is no available remedy for trade mark infringement if the earlier trade mark is unregistered. Some unregistered trade marks may be protected under Common Law and this is known as Passing off. However, whether or not they are protected will depend on the particular circumstances, in particular:

  • Whether, and to what extent, the owner of the unregistered trade mark was trading under the name at the date of commencement of the use of the later mark;
  • Whether the two marks are sufficiently similar, having regard to their fields of trade, so as to be likely to confuse and deceive (whether or not intentionally) a substantial number of persons into thinking that the junior user’s goods and services are those of the senior user;
  • The extent of the damage that such confusion would cause to the goodwill in the senior user’s business.

http://www.ipo.gov.uk/types/tm/t-other/t-object.htm

More information and background on these Trade Mark applications:
https://collegesofsocialwork.wordpress.com/2011/03/01/trade-mark-of-the-college-of-social-work/