In a letter to health minister Ben Bradshaw, GSCC chair Rodney Brooke described the Care Standards Act 2000 requirement as "an unnecessary and discriminatory barrier". Brooke said: "We believe it is up to individuals and their employers to manage their health condition and it is up to them, rather than the regulator, to decide whether they are able to perform their duties."

The GSCC wants the Department of Health to remove the requirement through an amendment to the Health and Social Care Bill.

This move by the GSCC follows a 12 month investigation by the former Disability Rights Commission last September that health-based fitness to practice standards led to "discriminatory attitudes, policies and practices".

GSCC chief executive Mike Wardle said the regulator had reviewed its position on this legal duty since 2004, but not had sufficient evidence to call for change until the DRC report.

Nushra Mansuri, professional officer at British Association of  Social Workers, welcomed the GSCC's decision. She said: "If we can't adhere to supporting people from diverse backgrounds in social work, then there is something desperately wrong in a profession that champions equal opportunities."

Neil Crowther, disability programme director at the Equality and Human Rights Commission, which succeeded the DRC last October, also backed the move and urged other regulatory bodies to follow suit.

One of the cases that inspired the DRC investigation was that of Peter Van der Gucht, a social worker with 30 years' experience. He challenged a GSCC ruling that he could only register with conditions because he had bipolar affective disorder. The GSCC denied discrimination but in September 2005, a month before the case was set to go before a tribunal, it backed down. Van der Gucht said the GSCC's call to scrap health standards was "excellent news". "To say that someone, who has a mental health problem, is a risk to clients is an absurdity", said Van der Gucht.

Source: www.communitycare.co.uk