1. Do you think administrative law (the legal rules for professional and agency decision-making) is relevant to social work?

    1. Yes
    2. No
    3. Back to start
  2. Do you think law can support ethical practice?

    1. Yes
    2. No
    3. Back to Question 1
  3. Do you think law provides ethical challenges to social workers?

    1. Yes
    2. No
    3. Back to Question 2
  4. Do you think law might support research-informed practice?

    1. Yes
    2. No
    3. Back to Question 3

Answers

  1. Correct

    Political decisions and resource constraints can influence how legal powers and duties are implemented. Practice may not equate with legal standards or social work values. Administrative law provides boundaries and acts as a corrective on social work practice.

  2. Incorrect

    Judges and the Ombudsman have been critical of social work and local authority decision-making, for example in community care services, residential home closure and child protection. They have emphasised the importance of European Convention rights, particularly Article 6 – the right to a fair trial – and Article 8 – the right to respect for private and family life.

  3. Correct

    The GSCC Code of Practice requires registered social workers to practise ethically. Law supports social workers who wish to disclose concerns about unacceptable practice, for example through the Public Interest Disclosure Act 1998, guidance on protecting vulnerable adults and multi-agency child protection work, and case law.

  4. Incorrect

    The Care Standards Act 2000 requires practitioners to register with GSCC, binding them to the Code of Practice. Inquiries, for example into residential care of young people, have uncovered abusive practice, whilst organisations may penalise staff who disclose that procedures are not being followed. The Public Interest Disclosure Act 1998, government guidance in respect of protecting vulnerable adults and multi-agency child protection work, and case law all enable employees to disclose concerns about unacceptable practice.

  5. Correct

    Law allows social workers to intervene in people’s lives and sometimes to restrict liberty. But the European Convention on Human Rights and Fundamental Freedoms, integrated into UK law by the Human Rights Act 1998, requires that limitation of rights, where permitted in law, must be proportionate. Legal rules also contribute to practice dilemmas - such as when to break or respect confidentiality. Statute and guidance sometimes accord with social work values and sometimes not.

  6. Incorrect

    Practice will inevitably throw up challenges. Service users may not want you to share the information they provide. They may want to read what other people have told you. Other professionals may not want to share the information they hold. Acts of Parliament, secondary legislation and policy guidance provide rules that apply to these dilemmas. Their requirements sometimes accord with social work values and sometimes not.

  7. Correct

    For decisions to be reasonable in law, they must be based on consideration of what a ‘reasonable social worker’ would ordinarily do. Defining competent practice in each unique situation requires reference to the evidence base from research, practice experience, service users and carers, and theory.

  8. Incorrect

    When you consult a professional, would you expect their advice and decisions to be guided by sound knowledge? When you make decisions as a social worker, on what do you base your approach? For decision-making to be lawful it must reflect what a reasonable social worker would ordinarily do, and a reasonable social worker must draw on a sound evidence base.

Commentary

There are relatively few “right answers” in social work and interventions are often a matter of professional judgement. This, in turn, is informed by professional values. Law is very interested in how social workers use their professional judgement and it sets rules and boundaries that must be observed both by individuals and their employers. Practitioners must understand these rules and boundaries. Equally, law can sometimes support and sometimes challenge professional values. Practitioners must be able to identify how the law can empower and constrain the expression of values in professional actions.

We also know from research that employers, service users and carers, and social workers have different views on what practitioners should know and be competent to do. We know that good practice can become distorted and that organisational culture can shape what is done. Students and social workers need to develop skills in presenting their recommendations authoritatively and in challenging constraints on how they are implemented.

To assist you to explore these issues further, you can now choose to consider in detail law and practice relating to decision-making, using the case of Evelyn. Later, you can reflect on the ethical challenges and practice dilemmas that might arise in your work with Evelyn and her family, and how the law might shape and guide your practice in this situation.

Supporting references

For reflecting on the challenges that practice can pose, and how the legal rules might provide support for ethical, knowledge-informed practice, you might like to refer to:

Preston-Shoot, M. (2000) ‘What if? Using the law to uphold practice values and standards.’ Practice, 12(4) 49-63.

For reflecting on the linkages between social work values and the legal rules, you might like to refer to:

Braye, S. and Preston-Shoot, M. (2006) Learning, Teaching and Assessment of Law in Social Work Education: A Resource Guide. London: Social Care Institute for Excellence.

Preston-Shoot, M., Roberts, G. and Vernon, S. (2001) ‘Values in social work law: Strained relations or sustaining relationships?’ Journal of Social Welfare and Family Law, 23 (1), 1-22.

For cases where judges have laid out standards for social work practice, the following are illustrative:

  1. unacceptable delays in service provision impacting on dignity and family life – R (Bernard and Another) v Enfield LBC [2002] 5 CCLR 577.
  2. standards of communication when nature of provision is being changed – R (Madden) v Bury MBC [2002] 5 CCLR 622.
  3. accountability in situations where service users rely on advice given and where that advice is flawed - W and Others v Essex County Council and Another [2000] 2 AllER 237.
  4. standards for recording, assessment of referrals, and decision-making by managers – Re E and Others (Minors) (Care Proceedings: Social Work Practice) [2000] The Times, 10 May.
  5. the concept of proportionality in decision-making, here in the context of emergency protection orders – P, C and S v UK [2002] The Times, 16 August.