A general introduction to social work law, concentrating on the role of the social worker as informed advisor, the legal context of community care and the legal context of work with other client groups.
A general introduction to social work law, concentrating on the role of the social worker as informed advisor, the legal context of community care and the legal context of work with other client groups.
Summary: This paper explores arguments for and against increasing social workers’ legal powers in adult protection (safeguarding) in England, where there is no direct power of entry. It draws on a research study conducted in 2016–17 involving an international literature review, interviews with social workers (n = 22), managers (n = 15), older and disabled people (n = 6) and carers (n = 5) and a survey of adult safeguarding managers (n = 27). The paper contextualises findings by exploring concepts of vulnerability and autonomy. Findings: Most participants were in favour of increased powers for social workers undertaking safeguarding enquiries. A power of entry was seen to strengthen the legal basis of safeguarding and provide legitimacy for social workers to act. However, many participants expressed reservations, arguing that cases could generally be resolved with good social work, there would be a risk of negative impact on adults at risk and their families, the power of entry conflicted with social work practice and values and it could negatively affect social work relationships. Such arguments indicate a nuanced view of autonomy and vulnerability, which allow for doubt about the autonomy of people with capacity in certain circumstances. Applications: The paper suggests the need for investment in the processes of implementation of risk management if increased legal powers are introduced. There could be a value in encouraging social workers to make explicit their assumptions about the definitions of vulnerability and its impact on autonomy and to explore the subjective experience of vulnerability in their judgements about intervening in these kinds of situations.
(Edited publisher abstract)
Summary: This paper explores arguments for and against increasing social workers’ legal powers in adult protection (safeguarding) in England, where there is no direct power of entry. It draws on a research study conducted in 2016–17 involving an international literature review, interviews with social workers (n = 22), managers (n = 15), older and disabled people (n = 6) and carers (n = 5) and a survey of adult safeguarding managers (n = 27). The paper contextualises findings by exploring concepts of vulnerability and autonomy. Findings: Most participants were in favour of increased powers for social workers undertaking safeguarding enquiries. A power of entry was seen to strengthen the legal basis of safeguarding and provide legitimacy for social workers to act. However, many participants expressed reservations, arguing that cases could generally be resolved with good social work, there would be a risk of negative impact on adults at risk and their families, the power of entry conflicted with social work practice and values and it could negatively affect social work relationships. Such arguments indicate a nuanced view of autonomy and vulnerability, which allow for doubt about the autonomy of people with capacity in certain circumstances. Applications: The paper suggests the need for investment in the processes of implementation of risk management if increased legal powers are introduced. There could be a value in encouraging social workers to make explicit their assumptions about the definitions of vulnerability and its impact on autonomy and to explore the subjective experience of vulnerability in their judgements about intervening in these kinds of situations.
(Edited publisher abstract)
Subject terms:
safeguarding adults, law, social workers, professional role;
Provides an overview of current legislation that underpins children and family social work. Law is evolving, and the difference between statute, regulation, case-law and guidance is clarified, together with an exploration of the important difference between duties and powers. The module covers the Children Act 1989, children’s rights, and provides a summary of more recent children's legislation...
(Edited publisher abstract)
Provides an overview of current legislation that underpins children and family social work. Law is evolving, and the difference between statute, regulation, case-law and guidance is clarified, together with an exploration of the important difference between duties and powers. The module covers the Children Act 1989, children’s rights, and provides a summary of more recent children's legislation. Both public and private law is covered in the module.
(Edited publisher abstract)
Subject terms:
law, training materials, social workers, social work;
This book, suitable for students on all social work courses, it offers a clear approach to the law which governs social work. It provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs. This edition has been restructured to provide greater coherence within parts and cross-referencing. In five...
This book, suitable for students on all social work courses, it offers a clear approach to the law which governs social work. It provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs. This edition has been restructured to provide greater coherence within parts and cross-referencing. In five distinct parts the authors present key topics covered on all social work law courses. Starting with an analysis of the legal system and the social worker's place in it, the authors then address human rights, the issues of discrimination, privacy of information and issues surrounding consent. Other topics covered include responsibilities to children including safeguarding children and interagency working and responsibilities towards adults including mental health issues. Finally the authors cover issues which affect the service user such as private family disputes, immigration and asylum status, issues relating to money, housing and violence. Individual chapters open with a case study based on a recent case or enquiry, highlighting the vital issues that the chapters will explore. Key learning points are set out early in the chapter, and each chapter contains questions for discussion.
Legal rules, in setting out duties and powers for investigations, assessments and services, make explicit how social workers may intervene in certain situations and how they must act in others. An accurate understanding of the law, therefore, is a crucial component of social workers’ knowledge. The aim of this article is to review evidence on how social workers incorporate legal rules...
Legal rules, in setting out duties and powers for investigations, assessments and services, make explicit how social workers may intervene in certain situations and how they must act in others. An accurate understanding of the law, therefore, is a crucial component of social workers’ knowledge. The aim of this article is to review evidence on how social workers incorporate legal rules in their decision-making. It draws on a small empirical study in which 6 social workers from 2 local authorities shared with each other, in peer interviews, examples of their own casework, followed by individual interviews with a researcher. The findings show that references to law are more likely to be implicit than explicit, particularly in adult social care, and that absence of legal references is a striking feature of the social workers’ narratives. The article discusses the reasons for the relatively low profile of ‘law talk’ and identifies 4 potential factors: lack of legal knowledge and confidence; reliance on organisational and procedural approaches; assumptions about the role of law in different service contexts; and individual orientations to practice. The findings suggest that greater levels of legal literacy in practice are necessary.
Subject terms:
law, social work, social workers, decision making;
Professional Social Work, November 2011, pp.20-21.
Publisher:
British Association of Social Workers
Over the past 18 months there have been a number of developments that point to a long overdue focus on adult protection. This article looks briefly at recent initiatives. These include the Law Commission's recommendation that adult safeguarding boards in England should be placed on a statutory footing. Developments in Northern Ireland, with the Northern Ireland Adult Safeguarding Partnership
Over the past 18 months there have been a number of developments that point to a long overdue focus on adult protection. This article looks briefly at recent initiatives. These include the Law Commission's recommendation that adult safeguarding boards in England should be placed on a statutory footing. Developments in Northern Ireland, with the Northern Ireland Adult Safeguarding Partnership developing a new strategy. The review of the 'In Safe Hands' guidance in Wales and improvements in adult safeguarding practice in Scotland with the Adult Support Protection (Scotland) Act 2007.
Subject terms:
law, regulation, social workers, safeguarding adults;
Highlights the legal risks for social workers conducting assessments in other countries. The article includes advice from the charity Child and Families Across Borders.
Highlights the legal risks for social workers conducting assessments in other countries. The article includes advice from the charity Child and Families Across Borders.
This paper proposes the setting of final dates for achievement of registration with the Scottish Social Services Council (SSSC) for social workers and social service workers through the introduction of the Regulation of Care (Fitness to Employees for Employment in Care Services) (Scotland) Regulations 2008. The legislation applies to full and part time workers, not to volunteers or workers in seasonal services.
This paper proposes the setting of final dates for achievement of registration with the Scottish Social Services Council (SSSC) for social workers and social service workers through the introduction of the Regulation of Care (Fitness to Employees for Employment in Care Services) (Scotland) Regulations 2008. The legislation applies to full and part time workers, not to volunteers or workers in seasonal services.
The Northern Ireland Social Care Council, in exercise of its powers under sections 4, 5(2)(a)(iii) and (b) and (3), 6(1)(e), 7, 10, 12 (1), 18 (1) and (2) of the Health and Personal Social Services Act (Northern Ireland) 2001, and of all other powers enabling the Council in that behalf, and with the consent of the Department of Health, Social Services and Public Safety, hereby makes these Rules.
The Northern Ireland Social Care Council, in exercise of its powers under sections 4, 5(2)(a)(iii) and (b) and (3), 6(1)(e), 7, 10, 12 (1), 18 (1) and (2) of the Health and Personal Social Services Act (Northern Ireland) 2001, and of all other powers enabling the Council in that behalf, and with the consent of the Department of Health, Social Services and Public Safety, hereby makes these Rules.
Subject terms:
law, professional registration, social care staff, social workers;