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Autonomy and protection in self-neglect work: the ethical complexity of decision-making
- Authors:
- BRAYE Suzy, ORR David, PRESTON-SHOOT Michael
- Journal article citation:
- Ethics and Social Welfare, 11(4), 2017, pp.320-335.
- Publisher:
- Taylor and Francis
- Place of publication:
- Abingdon
Self-neglect, in which an individual does not attend to their hygiene, health or home surroundings, is one of the most challenging aspects of adult social care practice. In England, its inclusion within the remit of adult safeguarding, as a result of changes in adult social care law introduced under the Care Act 2014, has thrown into relief the ethical dilemmas arising from tensions between respect for autonomy on the one hand and the exercise of a protective duty of care on the other hand. This paper draws on serious case reviews and safeguarding adult reviews in self-neglect cases, along with findings from adult safeguarding research, to propose that an appropriate balance between these two moral imperatives is not always achieved in self-neglect practice. It considers why autonomy appears to be privileged over other considerations, illustrating the complex interplay between law and ethics that gives autonomy pre-eminence. It then considers how a more nuanced, situated and relational approach to autonomy can enable practitioners to move away from dichotomous interpretations of the moral imperatives present in self-neglect work, and can support more nuanced understandings of the ethics of professional decision-making. Finally, it considers the personal and organisational implications of this enhanced ethical literacy. (Edited publisher abstract)
Building collaborative capacity for using and evaluating the impact of E-learning in social work education: the case of law
- Authors:
- BRAYE Suzy, MARRABLE Tish, PRESTON-SHOOT Michael
- Journal article citation:
- Social Work Education (The International Journal), 33(6), 2014, pp.835-853.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
This article reports on a learning set designed to support educators teaching law to social work students in England to build their capacity, first, for engaging with e-learning resources and, second, for evaluating the outcomes of their use in teaching. A mixed methods approach was used, including recording and transcription of the content of seven learning set meetings with eight participants over 2½ years, repeat measures questionnaires to capture changes in attitudes and orientation to the use of e-learning, reflective diaries, and individual interviews with learning set members. The findings demonstrate increased self-perceived capacity in blending e-learning into teaching and in researching the outcomes. The learning set enabled e-learning to become embedded in the curriculum progressively over two years. Participation was experienced as a constructive and empowering experience. There were positive changes in attitudes, motivators and barriers to the use of e-learning, and in orientation to the use of IT resulting in improved confidence. Similarly, understanding of, and the ability to apply, evaluation techniques to track changes in student learning improved throughout the project, confirming the collaborative capacity building value of the learning set approach. The findings have broad relevance for social work education beyond the teaching of law.
Squaring another circle in policy and practice: personalization and adult safeguarding
- Authors:
- ELLIS Kathryn, PRESTON-SHOOT Michael
- Journal article citation:
- Journal of Care Services Management, 6(4), 2012, pp.161-171.
- Publisher:
- Taylor and Francis
This article discusses personalisation and safeguarding in social policy for adult social care and as practised in local authorities in England. It considers the research evidence on outcomes of current policies on personalisation and adult safeguarding, and reviews proposals in the Care Bill for reform of this key area of policy and practice. Specifically it discusses the balance it proposes to strike between personalisation and safeguarding, and between empowerment and protection. The paper concludes with implications for practitioners and managers. (Edited publisher abstract)
Perceptions of readiness for legally literate practice: a longitudinal study of social work student views
- Authors:
- PRESTON-SHOOT Michael, MCKIMM Judy
- Journal article citation:
- Social Work Education (The International Journal), 31(8), 2012, pp.1071-1089.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Detailed understanding and skilled use of the law is a crucial component of social work practice. Law is therefore a prescribed element of the curriculum for the social work degree. However, doubts remain about how far students acquire legal knowledge and skills in its implementation. The purpose of this study was to explore social work students’ self-assessment of their law learning and their confidence in using this knowledge. A longitudinal study was employed in order to measure change over time, before and after law teaching. The participants were 638 full-time students (399 undergraduate and 239 postgraduate) from 9 programmes offered by 7 universities in England and Wales. Concept maps and a self-audit questionnaire were used to capture students’ understanding and perceptions of this knowledge domain and self-assessments of their legal knowledge and skills. This paper presents an analysis of the aggregated baseline and final year scores from across all programmes. The findings show that students reported greater confidence in their knowledge of social work law than in their skills in using these legal rules. Although in some areas students offer relatively confident self-assessments of their legal knowledge and skills for practising law, their lack of confidence in other areas of their law learning raise doubts about the degree to which they can advocate for, and protect, service users.
Tutor and student experiences of teaching and learning law in UK social work education
- Authors:
- PRESTON-SHOOT Michael, MCKIMM Judy
- Journal article citation:
- Social Work Education (The International Journal), 31(7), 2012, pp.896-913.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
In a study exploring the outcomes of teaching law in social work education, 95 students and 13 tutors were asked to reflect on their experiences of both the curriculum and how learning was translated into practice. Various orientations emerged from approaches to teaching and practising social work law. Both students and tutors emphasised the application of law learning to practice and the importance of considering learning styles. For students, law remains a complex challenge but with a clear interface with social work values. Teaching can help to reduce anxiety about practising social work law but barriers to learning and its application in practice also surfaced. In addition to the time allocated to law, development of legal knowledge and skills was greatly affected by the priority given to this aspect of practice during placements. The openness of assessors towards the legal rules, and students who use their legal literacy to advocate for particular outcomes for service users, were crucial factors positively affecting the overall student experience.
On administrative evil-doing within social work policy and services: law, ethics and practice
- Author:
- PRESTON-SHOOT Michael
- Journal article citation:
- European Journal of Social Work, 14(2), 2011, pp.177-194.
- Publisher:
- Taylor and Francis
A previous article (Preston-Shoot, 2010, ibid) has reviewed evidence suggesting that social work’s values framework, legal duties and the requirements of administrative law appeared insufficiently strong to withstand corrosion. This paper explores further the disjunction between espoused professional ethics and ethics in practice, and between law in statute and law in action. It considers explanations for this disjunction, or corruption of care, including the concept of administrative evil-doing, and reviews the challenges facing social work practitioners, educators and managers when providing ethics-informed leadership. The challenge is to ensure that the connection between staff and their organisations enables morally responsible decisions to be taken in a context where everyone takes responsibility for that organisation’s ethical and legal well-being. The article concludes with recommendations for the reconfiguration of the employment position of social workers and of the processes by which local policy and practice is monitored.
On the evidence for viruses in social work systems: law, ethics and practice
- Author:
- PRESTON-SHOOT Michael
- Journal article citation:
- European Journal of Social Work, 13(4), December 2010, pp.465-482.
- Publisher:
- Taylor and Francis
Using social work in England as a case study, and drawing on research from other jurisdictions, this paper explores an apparent disjunction between the law in theory and its implementation by managers and practitioners. The article discusses concern about departures from moral and legal rules, citing examples from case law, Commissioner for Local Administration (ombudsman) investigations, and inquiry and review evidence that are critical of local authority and social work practice. The author argues that the evidence in the article calls into question the progress being made in protecting people from poor practice, raising standards and making agencies more accountable, and that the evidence suggests that "social workers need a critical, reflective and active legal literacy which encompasses how law regulates practice and upholds social work values, and which can distinguish when agency procedures are not reflecting the legal rules".
What if?: using the law to uphold practice values and standards
- Author:
- PRESTON-SHOOT Michael
- Journal article citation:
- Practice: Social Work in Action, 12(4), December 2000, pp.49-63.
- Publisher:
- Taylor and Francis
Social workers may be asked to practise in ways which they consider to be unlawful or contrary to best practice as defined through reference to values and knowledge. This article explores how far legal knowledge can support practitioners who are concerned about systems operated by, and decisions taken by their employing authorities. Can the law assist those practitioners who are seeking to challenge and change how agencies function? The article seeks to connect the law to the dilemmas encountered by social workers as employees and as professional practitioners. The analysis concludes with consideration of the introduction of the General Social Care Council.
Reflections on ethical research in action: working at the practice edge
- Authors:
- PRESTON-SHOOT Michael, et al
- Journal article citation:
- Ethics and Social Welfare, 2(2), July 2008, pp.150-171.
- Publisher:
- Taylor and Francis
- Place of publication:
- Abingdon
This paper draws on the experience of one research project in action to evaluate the usefulness of research ethics frameworks when the environment surrounding project negotiation, data collection and dissemination is seriously disturbed by critical incidents. It questions the lack of emphasis in research ethics codes on the competence and capacity of agencies when commissioning and sponsoring research. Using events that surrounded one project, it researches the research, exploring what impacted on the creation of the context for ethical and effective research and how the researchers responded to the ethical challenges that emerged. Different theoretical understandings and ethical models are drawn upon to explore how a research team translated ethical research in theory into ethical research in practice within an organisation in turmoil.
Responding by degrees: surveying the education and practice landscape
- Author:
- PRESTON-SHOOT Michael
- Journal article citation:
- Social Work Education (The International Journal), 23(6), December 2004, pp.667-692.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
In all four countries of the United Kingdom social work education has been subject to detailed review, a process culminating in the launch in England in September 2003 of the new social work degree. This paper surveys this process of change, which is located within the broader social policy modernisation agenda. Those working within social work education have been able to exercise positive influence on the review and can draw comfort from some of the outcomes. Nonetheless, critical reflections are offered about the change process and the organisational framework that surrounds it. The disjunction between the policy vision and the reality of state social work, together with competing perspectives within policy trends, are clearly mapped. The paper concludes that the landscape is not as inhospitable as once feared but continued vigilance is required by social work education and those higher education institutions accredited to provide it.