British Journal of Social Work, 31(6), December 2001, pp.831-844.
Publisher:
Oxford University Press
The 1998 Human Rights Act makes the European Convention on Human Rights directly enforceable by the United Kingdom's courts and tribunals. This represents a major constitutional change and will allow statute law and common law to be assessed, or reassessed, according to the rights laid down in the Convention. This has many implications for social work policy makers, managers and practitioners
The 1998 Human Rights Act makes the European Convention on Human Rights directly enforceable by the United Kingdom's courts and tribunals. This represents a major constitutional change and will allow statute law and common law to be assessed, or reassessed, according to the rights laid down in the Convention. This has many implications for social work policy makers, managers and practitioners. It will require the Convention rights to be at the heart of social work practice. The ability of service users to challenge decisions by social services departments will no longer be dependent upon the traditional approach to judicial review. Compliance with the Convention will now feature in legal challenges. It is essential that the practice of social work embraces the principles outlined in the Convention. In many respects, they are rights that practitioners and others recognize as being basic expectations of service users, and making them directly enforceable can only be for the good. However, we should not underestimate the effect that the legislation will have. This article outlines the legal effects of the 1998 Human Rights Act and illustrates them by reference to examples from social work practice.
Subject terms:
human rights, law, social work, social work methods, ethics;
Journal of Adult Protection, 19(4), 2017, pp.175-186.
Publisher:
Emerald
Purpose: The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being (Wales) Act 2014 and discuss their potential impact.
Design/methodology/approach: The paper relies on a range of material including reports published by the Law Commission, the National Assembly
(Publisher abstract)
Purpose: The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being (Wales) Act 2014 and discuss their potential impact.
Design/methodology/approach: The paper relies on a range of material including reports published by the Law Commission, the National Assembly for Wales and other public bodies. It also refers to academic and practitioner material in journals and government guidance.
Findings: Although the Social Services and Well-being (Wales) Act 2014 introduced many changes in adult safeguarding in Wales, not least the duty to make enquiries, it does not take the opportunity to include statutory powers of barring and removal. The introduction of Adult Protection and Support Orders (APSOs) is a cautious step forward – perhaps it is too cautious. More research in needed on the different approaches across the UK.
Research limitations/implications: At the time of publication, the full effect of the new legislation has not been seen. Local authorities and others are coming to terms with the new provisions. No data on the impact of the new legislation are yet available. The paper identifies future research evaluating the working of the different approaches to safeguarding within the UK.
Practical implications: For practitioners, the new legislation provides opportunities to rethink the approach to safeguarding. The lower threshold for referrals will mean an increase in caseloads and the need to react to both low- and high-risk cases. For authorised officers, the practical issues identified relate to the circumstances in which an APSO may be sought and what can be put in place to protect the adult at risk once the order has been used.
Social implications: For those who experience abuse or neglect, the new legislation provides additional support when compared to the POVA process. The duty to make enquiries and the duty to report will hopefully strengthen protection and, with a lower threshold for referral, enable more preventative work to be done at an earlier stage. Whether the new APSO will make a difference remains to be seen.
Originality/value: As this is new legislation, there is very little analysis of the implications of the Social Services and Well-being (Wales) Act 2014 in relation to safeguarding. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties.
(Publisher abstract)
Subject terms:
safeguarding adults, law, social services, models, vulnerable adults, wellbeing;
British Journal of Social Work, 34(1), January 2004, pp.37-52.
Publisher:
Oxford University Press
The relationship between law and social work is complex. Does law assist practitioners to promote rights, or is it confined to ensuring accountability and regulating practice? This article explores law's role, and its limitations, in promoting liberty, or more accurately ‘constitutional liberty’. Does law provide practitioners with liberty-based values capable, if necessary, of legal enforcement...
The relationship between law and social work is complex. Does law assist practitioners to promote rights, or is it confined to ensuring accountability and regulating practice? This article explores law's role, and its limitations, in promoting liberty, or more accurately ‘constitutional liberty’. Does law provide practitioners with liberty-based values capable, if necessary, of legal enforcement? The paper argues that there is no simple answer; law impacts on social work in different ways and there is little consistency across and within client groups. However, it concludes that law is one of the tools that social workers can use to promote liberty.
Subject terms:
human rights, law, rights, social work methods, social work theories, empowerment, ethics;
Journal of Social Work, 2(3), December 2002, pp.293-316.
Publisher:
Sage
This article examines the need for a new public law designed to protect vulnerable adults who are being abused. It considers the impact of the Human Rights Act 1998 on the debate on the need for a new law, and considers developments in the USA and proposals for reform in Scotland. Argues that existing law, which is mainly judge-made, is inappropriate and lacks the required predictability...
This article examines the need for a new public law designed to protect vulnerable adults who are being abused. It considers the impact of the Human Rights Act 1998 on the debate on the need for a new law, and considers developments in the USA and proposals for reform in Scotland. Argues that existing law, which is mainly judge-made, is inappropriate and lacks the required predictability and procedural safeguards. The article argues that the European Convention on Human Rights imposes a duty on states to protect vulnerable adults; however, in devising such a law, regard must be had to the right under the convention to a private life. The term 'vulnerable adult' should include in its definition not only people who lack capacity, but others who are extremely vulnerable and at grave risk. Concludes that governments in Wales and England need to learn from the US experience and also look at the Scottish Law Commission's proposals. The current soft-law approach is no longer adequate; new legislation is urgently needed.
Subject terms:
human rights, law, prevention, social welfare law, vulnerable adults, adult abuse, elder abuse;
Journal of Social Welfare and Family Law, 6, 1992, pp.484-496.
Publisher:
Taylor and Francis
Place of publication:
Philadelphia, USA
Highlights the marked contrast in the support given to child witnesses in civil and criminal procedures, and argues that the experience of the civil law may be adapted to meet the needs of child witnesses in criminal cases without compromising the rights of the accused.
Highlights the marked contrast in the support given to child witnesses in civil and criminal procedures, and argues that the experience of the civil law may be adapted to meet the needs of child witnesses in criminal cases without compromising the rights of the accused.
Subject terms:
law, law courts, witnesses, child care, child witnesses, children;
This guide to the law seeks to clarify the legal framework around adult protection; its purpose is to help to make practitioners more aware of the law available to them in their day-to-day work. It focuses on older people, but is also relevant to those working with any adults at risk of harm. The guide examines a range of aspects associated with adult protection, including: human rights and risk...
(Edited publisher abstract)
This guide to the law seeks to clarify the legal framework around adult protection; its purpose is to help to make practitioners more aware of the law available to them in their day-to-day work. It focuses on older people, but is also relevant to those working with any adults at risk of harm. The guide examines a range of aspects associated with adult protection, including: human rights and risk of harm; capacity; deprivation of liberty; confidentiality and data protection; the criminal justice system; powers of entry and arrest; and the use of private law. Includes practice examples with a summary of some of the issues that arise in each of the studies.
(Edited publisher abstract)
Subject terms:
law, safeguarding adults, older people, vulnerable adults, human rights, Deprivation of Liberty Safeguards, confidentiality, data protection, criminal justice, police;
This guide aims to help professionals working across health and social care to safeguard and protect older people’s rights to be more aware of the law available to support them in safeguarding older people. The guide examines a range of aspects associated with adult protection, including: human rights and safeguarding; advocacy; consent and mental capacity; deprivation of liberty...
(Edited publisher abstract)
This guide aims to help professionals working across health and social care to safeguard and protect older people’s rights to be more aware of the law available to support them in safeguarding older people. The guide examines a range of aspects associated with adult protection, including: human rights and safeguarding; advocacy; consent and mental capacity; deprivation of liberty; confidentiality and data protection; adult safeguarding under the Social Services and Well-being (Wales) Act 2014; criminal justice; powers of entry and arrest; and domestic violence. It also includes case studies which provide examples of the ways that the law can be used and applied.
(Edited publisher abstract)
Subject terms:
law, policy, older people, safeguarding adults, human rights, confidentiality, Deprivation of Liberty Safeguards, criminal justice, mental capacity, data protection, domestic violence, advocacy, vulnerable adults;