Unqualified workers in the UK are allowed to take on jobs that should be left to the professionals. Could licence to practise have the answer?

In just three months during 2002, the Office of Fair Trading received over 20,000 complaints regarding home maintenance, repairs and improvements. There are health and safety implications associated with construction work, as there are for carers, mechanics and people involved in food preparation – yet none of these occupations have statutory regulation in the UK. In the catering industry there is no legal requirement for food handlers to receive formal training or to possess a qualification. Electricians and construction workers can voluntarily participate in self-regulated competent person schemes, but these do not prevent unqualified workers taking on work.

The term ‘licence to practise’ (LTP) refers to any requirements, including professional standards, voluntary or statutory, to which employers and employees in a sector must adhere. The use of LTP levels the playing field, eliminating unqualified workers from gaining trade and allowing good companies to benefit from set industry standards. LTP offers consumers reassurance that the people caring for their elderly relative, preparing their food in a restaurant, or laying rail tracks for their daily commute are all qualified.
In a number of European countries, access to many skilled occupations and trades is governed by statutory LTP regulations, meaning that only individuals who have acquired a particular level and type of vocational qualification, and in some cases also passed criminal record checks, accepted codes of conduct and committed to continuing professional development (CPD), can practise in their chosen field.

Germany is the purest example of LTP in Europe, and the US also has powerful LTP regulations at individual state level (Keep 2004). In the UK, LTP programmes have developed in professions where there are health and safety implications (eg medicine or gas fitting), or consequences for consumer protection (eg financial services or law).
In some cases LTP can even be consumer driven (eg ISO9000) where consumers will only buy from suppliers that meet a set of quality standards. LTP schemes are regulated by the relevant professional body (such as the General Medical Council for doctors). However, the UK, unlike Europe and the US, does not have the same demand for many vocational occupations to be regulated, even if there are risks to health and safety or consumer confidence. All this, however, is set to change.

Farm assurance is an important aspect of modern day farming that covers a range of standards including safety, welfare and environmental aspects that farmers must meet. Farmers are encouraged to join farm assurance schemes in order to increase consumer confidence in British produce. A farm assured farm must have the sprayer operator as a member of the National Register of Sprayer Operators (NRoSO) to ensure that all aspects of farm pesticide use are controlled to the required standard.

Focusing on CPD as a means of ongoing training, NRoSO members must use equipment in accordance with current legislation; have due regard to environmental impacts of using pesticides; give priority to the health and safety of any bystanders or anybody that may purchase/use/consume the crops that have been treated; and use equipment that requires protection to operators under health and safety legislation. NRoSO has been running since 2003 and in that time has gained 23,000 members, evidence that the fundamentals of LTP are ultimately grounded in consumer confidence and competitive advantage, rather than in unnecessary bureaucracy (see opposite to find out how Bob Shelswell met the challenge).

Umbrella term

LTP is not a specific certificate or qualification, but rather an umbrella term used to describe a range of controls. LTP schemes can either be statutory or voluntary. For example, doctors must be licensed by the GMC to practise in the UK, but construction companies can voluntarily subscribe to the Construction Skills Certification Scheme (CSCS) to train their staff to required standards. Over a million construction workers now possess CSCS cards to prove their competence.

There are also a number of different requirements that have to be met in order to gain registration or licensing. These can include completion of a specific qualification, passing independent industry assessments, passing medical tests and undergoing criminal background checks. Some LTP schemes are free whereas others incur costs for the examinations and also the licence itself. Furthermore, some licences need to be renewed and therefore a cost will be involved each time. Accreditation adds another level of control, requiring individuals to possess particular qualifications before they can be admitted to a register. Another step up requires the individual to take a qualification and also pass an independent assessment.

 

Controlled levels

Licensing is stricter still, requiring the individual to achieve certain levels of qualification and experience, and sometimes also committing to undertake certain amounts of CPD each year. Background checks may also be undertaken to ensure that the individual is of good character. The most controlled levels of licensing are maintained for, among others, solicitors and doctors. The level of regulation used varies by occupation and the level and nature of risk involved, yet all forms of LTP offer a number of benefits to the individual, employer, consumer and UK plc.

With the arrival of the Licensing (Scotland) Act of 2005 stating that all Personal Licence Holders will need to hold an accredited qualification, City & Guilds and Alcohol Focus Scotland have worked closely with the Scottish Executive to jointly develop the 7104 Awards for Personal Licence Holders for both off sales and on sales use. The qualifications have been specifically designed to ensure that Personal Licence Holders gain an understanding of the licensing process in Scotland. Learners will gain knowledge of the legislation governing the operation of licensed premises and the social effects of alcohol on individuals and the community.

‘As licence to practise activity increases, many organisation and industry sectors are now faced with undertaking major reviews and commitments to training and qualifying their personnel. This is an important and challenging time for all connected with Scotland’s licensed trade sector. Our partnership with Alcohol Focus Scotland seeks to ensure that those in the sector can successfully gain the pre-requisite training and qualifications to meet the new legislative requirements,’ says Robert Bruce from City & Guilds’ national office in Scotland.

Benefits of LTP include increased esteem. The vocational trades and crafts that suffer from lower esteem in the UK (such as plumbers and builders) are much more highly regarded in Germany, where many of them are regulated through LTP. Indeed, Germany does not have the academic/vocational > divide that is so apparent in the UK. The existence of a register increases the status of the profession itself and those that practise it, which may positively impact on young people as they make career choices.

 

Robust and flexible

Increasing professionalism of training and best practice within the security industry has led to the creation of the new Level 2 Certificate for the Security Practitioner. This City & Guilds qualification is set to be an important part of the training and skills recognition for the security workforce, and combines the best aspects of the NVQ system with an equally robust but flexible method of assessment. Its development came directly from a need within the industry to provide a clear and provable background of skills and experience to enable learners to further develop their career within the security business sector.

Very much in the spirit of LTP, the Level 2 Certificate in Community Safety for Accredited Persons is a unique qualification designed to assist anyone with an interest in maintaining safety within their own community, whether they are a park ranger, housing association employee, work on the railways or a community warden. An accredited person is someone working for an organisation in a community-facing role who has been endowed with special, specific police powers by a Chief Officer of Police (find out opposite how it is being put into practice).

LTP encourages continuous development, promotes excellence and pushes up a consistent level of basic skills (Cabinet Office report 2001). In many European countries, qualifications are embedded in the structure of work as they are essential for employment. Most Germans are educated to level 3 as they cannot access employment opportunities without having reached that standard. In the UK, however, there is no such clear connection between education and the labour market, so young people choose to leave education.

If licensing that included requirements for certain qualifications was a pre-requisite for gaining employment, there would be a clear link between education and employment and it is likely that more young people would choose to engage with learning. An educated, skilled and employed workforce can only make the UK a stronger player in the global market.

Most of the concerns surrounding LTP centre on two issues, namely the costs involved and the increased levels of bureaucracy. Licence applicants may have to bear the costs of training, being assessed and actually obtaining the licence, unless these are covered by an employer. Sole traders and potentially SMEs will have to cover these costs, with the time it takes to fulfil the criteria also impacting financially.

Increased bureaucracy is inherent with LTP schemes. Individuals must complete paperwork and perhaps also attend tests or examinations to gain a licence, all of which is time-consuming. Maintaining a register of individuals eligible to work within a certain profession or trade excludes those who do not meet the required standards or do not uphold the code of conduct. Therefore, there must be a means to remove people from the register in the event of malpractice.

However, professional bodies have to employ administration staff to deal with complaints and to retain a panel to decide whether a licensee should be removed from the register, to hear appeals and issue sanctions. A licensee faced with dismissal from a register will need to produce evidence in defence and attend hearings, so incurring increased bureaucracy.

 

Political agenda

LTP is rising up the political agenda and is being seriously considered as a means to improve standards of training and workmanship. The TUC is in favour of LTP programmes as they oblige employers to invest more in skills. They were disappointed that the Leitch Review did not make any announcement about expanding licence to practise arrangements. On the other hand, the British Chambers of Commerce feels that the Skills Pledge announced in the Leitch Review is unhelpful, and that employers need more support to increase training before compulsion to train or licence to practise begin in 2010.

The concerns about the expense and bureaucracy involved in LTP are not insurmountable. As long as the system is designed well and managed effectively, so that the licence-holders achieve the status and increased premiums implicit in well regulated LTP schemes, the benefits will outweigh the costs.