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The primary source of law is...?
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The highest court in the UK is...?
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In criminal law trials:
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The Human Rights Act 1998:
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Which of these is not required by the Human Rights Act 1998?
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The difference between policy guidance and practice guidance is ...?
- An authority must follow both types of guidance
- An authority may follow both types of guidance if it believes this appropriate to the circumstances of the case
- An authority must follow policy guidance and should follow practice guidance unless there are good reasons not to
- An authority must follow practice guidance and should follow policy guidance unless there are good reasons not to
- Back to Question 5
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Which of the following is not policy guidance:
- Mental Health Act Code of Practice (Department of Health, 2008)
- Working Together to Safeguard Children (Department of Health, Home Office, Department for Education and Employment, 2006)
- Community Care in the Next Decade and Beyond (Department of Health, 1990)
- Framework for the Assessment of Children in Need and Their Families (Department of Health, Department for Education and Employment, Home Office, 2000)
- Back to Question 6
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A person wishing to challenge a local authority by requesting Judicial Review must normally first:
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The doctrine of necessity in relation to adults:
- Allows a social worker to act in the short term to safeguard anyone who is vulnerable
- Allows a social worker to act in the short term to safeguard anyone without capacity who is vulnerable
- Requires a social worker to protect a vulnerable person
- Allows a court to act in the short term to safeguard anyone without capacity who is vulnerable
- Back to Question 8
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'Inherent jurisdiction' allows:
- A court to order a local authority to provide a service
- A local authority to act in the best interests of a vulnerable person without capacity
- A psychiatrist to act in the best interests of a vulnerable person without capacity
- A court to order what is in the best interests of a vulnerable person without capacity
- Back to Question 9
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To release a patient from detention in hospital, a Mental Health Review Tribunal must be satisfied:
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Adult asylum seekers can have their eligibility for services assessed by the local authority if:
Answers
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The correct answer is A: Legislation/statute
The powers and duties, which social workers implement, are laid out initially in statutes such as the Children Act 1989 or the NHS and Community Care Act1990. These powers and duties are then elaborated through regulations, also known as Statutory Instruments, and through policy and practice guidance. Judges may be called upon to interpret the meaning and/or intention of the legal rules contained in statute.
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The correct answer is C: The House of Lords
The House of Lords is the highest court in the United Kingdom. Once parties have exhausted all legal avenues in the United Kingdom it is possible to take a case to either the European Court of Human Rights or the European Court of Justice. This choice will depend on the nature of the case and the legal issues at the centre of it.
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The correct answer is B: The prosecution must prove their case beyond all reasonable doubt
The onus is on the prosecution to prove beyond all reasonable doubt what they are alleging. The balance of probability is the standard of proof required in civil cases such as care proceedings. Instances, such as in the Mental Health Act 1983, where the onus has been placed on the defendant to prove their interpretation of events or circumstances, have been successfully challenged using the Human Rights Act 1998 as incompatible with the European Convention on Human Rights. This has resulted in the law being changed.
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The correct answer is D: Provides civil and political rights for UK citizens
The European Convention on Human Rights, integrated into United Kingdom law by the Human Rights Act 1998, contains civil and political rights. The European Convention does not contain provisions that would, for example, guarantee a right to housing or welfare support, which social workers might regard as particularly important for service users. Nonetheless, it is possible to discern how courts have used Convention rights to support key themes within the government’s modernisation of social care, such as quality of practice, responsiveness and meeting need, and standards and accountability.
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The correct answer is D: Prioritisation of Convention rights above duties in primary legislation
Where there is a potential conflict between the Human Rights Act 1998 and another statute, practitioners must adhere to that other statute. If, when challenged, a court finds that there is indeed a conflict between the two pieces of legislation, it may declare part of a statute to be incompatible with Convention rights as incorporated into United Kingdom law by the Human Rights Act 1998. This is a clear signal to Parliament to rectify the incompatibility. Organisations performing a public function must positively promote Convention rights, which should not be interpreted in a static manner. When public organisations limit an individual’s Convention rights, that action should be proportionate, just sufficient in order to achieve the desired outcome.
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The correct answer is C: An authority must follow policy guidance and should follow practice guidance unless there are good reasons not to
The Local Authority Social Services Act 1970 includes a provision requiring social services organisations to act under the guidance of the relevant Secretary of State. This is policy guidance. Practice guidance, however, does not have regulatory standing but must only be departed from with good reason since it acts as a code of good practice (R v Islington LBC, ex parte Rixon [1996] The Times, 17 April.
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The correct answer is A: Mental Health Act Code of Practice (Department of Health, 2008)
The Code of Practice is issued as practice guidance as opposed to policy guidance. Policy guidance is guidance issued under s.7 of the Local Authority Social Services Act 1970, which states that the local authority 'shall in the exercise of their social services functions, including the exercise of any discretion... act under the general guidance of the Secretary of State'. Such policy guidance should be followed, and deviation from it without good reason would be a breach of law. The local authority can neither ignore one aspect of it, nor overemphasise one aspect at the expense of the overall picture. Practice guidance, on the other hand, is not issued under Section 7, but practitioners must still have regard to it, and departed from only with convincing justification.
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The correct answer is B: Exhaust the local authority Complaints Procedure
One relevant case here is R (Cowl) v Plymouth CC [2002] 5 CCLR 42. Courts perceive complaints procedures to be more informal, potentially offering speedier resolution without unduly exacerbating differences between service users and agencies. Application to the Ombudsman is an alterative once service users have exhausted the local authority’s complaints procedure. It is always open to a service user to request a reassessment or to apply to a care council for a review of a social worker’s registration where they might have breached the code of conduct.
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The correct answer is B: Allows a social worker to act in the short term to safeguard anyone without capacity who is vulnerable
The local authority may provide care and, if necessary, restraints in the best interests of an adult who lacks capacity to decide such matters in order to protect their safety and welfare. Thus, for example, Approved Social Workers have occasionally refused to inform a nearest relative of the whereabouts of a service user. The doctrine is outlined in Re F (Adult Patient) [2002] 3 CCLR 210.
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The correct answer is D: A court to order what is in the best interests of a vulnerable person without capacity
One leading case here is Re F (Adult Patient) [2002] 3 CCLR 210. Inherent jurisdiction is available to determine best interests when there is a dispute about the welfare of a person without capacity. This may cover where they should live, restraint, detention for short periods, and access to them. The court will draw up a balance sheet of factors to decide which course of action is in the adult’s best interests (Newham LBC v BS and S [2004] 7 CCLR 132.
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The correct answer is C: That the grounds for compulsory admission no longer exist
The task of the Tribunal is to consider whether the original grounds for compulsory detention still apply, based on professionals’ reports, expert evidence (including a medical examination) and representation from the patient and/or their nearest relative. Discharge can be ordered even if original grounds for detention still apply, and must be ordered if mental disorder is no longer evidenced (Johnson v UK [1997]).
The Tribunal provides the necessary mechanism for challenging the potential interference with article 5 ECHR rights that takes place when someone is compulsorily detained. The burden of proof is on the hospital authority, who must prove that the grounds for compulsory detention still apply, rather than on the patient to prove they do not. However, breaches of Article 5 have been declared, for example through delay in holding hearings and through the subsequent immediate re-detention of a released patient.
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The correct answer is B: They need care and attention because they are disabled
The key interface here is between the National Assistance Act 1948 and the Immigration and Asylum Act 1999. The latter excludes people subject to immigration control from the provision of section 21 and section 29 services under the 1948 Act. However, the Court of Appeal has interpreted this interface to establish that anyone whose need for care and attention is made more acute by a circumstance other than the mere lack of accommodation and funds is owed a section 21 duty (R(O) v Wandsworth LBC [2000] 3 CCLR 237.