What law should they know about?

Gwyneth Roberts

Social workers should know about two basic areas of law. In the first place, they must of course have an understanding of professional social work law, that is, of the law which as I have said, empowers, guides and controls them, tells them what they can do in relation to the client groups which is defined by the law: children, people with mental disorder, people with physical disability, older people. So, the law is crucial in that respect. But also, the law is important because it gives social workers insight, it helps them to understand their clients’ broader problems, because, many service users and clients may have problems with housing, with social security, with immigration, with race relations. So, social workers are in a key position to enable their clients to enforce their rights and, also, of course, to practise their duties.

Alison Brammer

I think there are three key areas of law that social workers need to know about. They need to know about what I sometimes call workplace law, they need to know about the structures of law, about how law is created and about where law works. So, they need to know about the courts, about the court structures about legislation, so that those settings can effectively become an extension of their practice. Secondly, they need to know about the law that actually provides them with their powers and duties. That gives them the role that they carry out. So, they need to know about duties, for example, under The Children Act, duties under the Community Care legislation, legislation and powers that enable them to provide services to support individuals. So, the law that relates to the key client groups that social workers will work with, children and their families, vulnerable adults - including adults who are elderly, adults who might be disabled and people with mental health problems. And the law operates in different ways according to those different service user groups. And then finally, there’s another area of law that I think that social workers need to have an understanding of, and that’s the law that may affect service users even though there isn’t a direct corresponding duty or responsibility imposed on the social worker. So, whilst a social worker might not become directly involved with a couple’s divorce or separation or arrangements that they make for their children it would be helpful for them to have an understanding of those processes and of the relevant law. Similarly, some service users might need to access housing provision, welfare benefits, or might become involved with criminal processes or domestic violence. And in those situations, social workers might have a role in supporting the individuals.

Stuart Vernon

The law that social workers need to know about, I mean the obvious context, is the law that specifies or regulates their particular area of practice. Childcare law, mental health law, youth justice. But beyond that is a much wider context. We’ve already talked about administrative law or public law accountability. There is, if you like a sort of wider welfare law accountability as well because a lot of social work, people using social work services are in some ways disadvantaged or discriminated against or living their lives in some form of poverty. So, for example, immigration law may be relevant, social security law may be relevant. So whilst you have a sort of inner core of what is sometimes called professional law. You have then a series of outer cores or circles, contexts, legal contexts, which are just as important as the core statutory professional law of particular areas of practice.