In this activity you can see how much you already know about the law as it relates to social work. You will see a series of 4 items. In each case see if you can spot which one is the odd one out. We have given you a hint of what you are looking for.
After you have found the correct answer, feedback will be given as to which item was the odd one out and why. Good luck!
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Which is the odd one out? (Hint: it's the act that does not contain specific powers and duties for actions that social workers will undertake)
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Which is the odd one out? (Hint: it's the person who is not entered on a professional register)
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Which is the odd one out? (Hint: it's the statute that restricts rather than promotes rights of access to particular services.)
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Which is the odd one out? (Hint: the odd one out was not successful in their bid to effect a change in UK legal rules)
- The same gender Nearest Relative in the case of R on the application of SSG v Liverpool CC and Secretary of State for the Department of Health and LS (Interested Party) [2002] 5 CCLR 639
- Graham Gaskin in the case of Gaskin v UK [1989] 12 EHRR36
- Diane Pretty in the case of Pretty v UK [2002] 35 EHRR 1
- The Bedfordshire children in Z and others v UK [2001] 2 FLR 612
- Back to Question 3
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Which is the odd one out? (Hint: This is a question relating to parental responsibility for children)
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Which is the odd one out? (Hint: This is a question about the status of the partnership)
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The correct answer is C: Housing Act 1996
The Housing Act 1996 does not contain specific powers and duties for actions that social workers will undertake. It could therefore be termed 'social welfare law' as opposed to 'social work law'. Social workers must know about social welfare law, because it affects the lives of people they work with, but must look to social work law for the legal mandates for their own actions. The Children Act 1989, the National Health Service and Community Care Act 1990 and the Carers and Disabled Children Act 2000 all contain important mandates for social work.
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The correct answer is D: Sir Ian Blair
The names of police officers are not entered on a professional register. Therefore Blair does not risk losing any licence to practise when the Metropolitan Police are accused of practice contrary to professional codes. Even if Blair or other police officers were found guilty of serious misconduct, they would not lose the right to employment as police officers because entitlement to work in that role is not governed by registration. In contrast, Meadows was struck off by the General Medical Council when discredited as an expert witness in appeals against parental convictions for children's deaths; Arthurworry was refused entry to the General Social Care Council register of social workers following her involvement in the case of Victoria Climbié Allitt was struck off the Nursing and Midwifery Council register, following conviction for harming patients in her care. Thus all three were all held personally accountable for events that could be seen as system failures, although Meadows and Arthurworry later entered successful appeals and were re-instated.
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The correct answer is D: Immigration Asylum and Nationality Act 2002
The Immigration, Asylum and Nationality Act curtails autonomy in restricting personal movement and location, and may be seen as oppressive in its denial of welfare provision to asylum seekers. In contrast, the other statutes contain important provision that aim to promote autonomy and empowerment through individualised budgets, rights to advocacy or protection from discrimination. They may therefore be seen as more congruent with social work values.
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The correct answer is C: Diane Pretty in the case of Pretty v UK [2002] 35 EHRR 1
All four used the European Convention on Human Rights to seek a change in UK legal rules. Diane Pretty was unsuccessful in seeking an interpretation of Articles 2 and 8 to support her argument for a right to assisted suicide. Graham Gaskin was successful in using Article 8 to secure access to information held about him by social workers. The nearest relative in the Liverpool case succeeded in using Article 8 to challenge discrimination in the Mental Health Act 1983 against same gender partners. The Bedfordshire children succeeded in their application using Articles 3, 6 and 8 to hold social services accountable for decision-making about their care.
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The correct answer is B: Married birth father
A married birth father automatically acquires parental responsibility for a child born to the marriage. The other parties must fulfil certain conditions or go through special procedures before acquiring parental responsibility. For unmarried birth fathers and step parents this may involve completion of forms submitted to a family proceedings court or application to the court for a parental responsibility order. For same gender partners or step parents it can involve an application for a section 8 residence order. This illustrates the enduring elevation of marriage as a preferred family form in relation to parenting.
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The correct answer is D: An unmarried heterosexual couple
An unmarried heterosexual couple have no option to engage in a legally recognised civil partnership. Marriage is recognised as a form of civil partnership. Gay and lesbian couples may register their partnership under the Civil Partnership Act 2005.