Deborah
Charles Publications
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Deborah
Charles PublicationsM. Preston-Shoot. "Editorial: Mapping Social Work Law: Definitions, Developments and Dialogue", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 115-119: This article provides a definition for social work law and discusses recent developments in teaching law to social workers. It reviews some of the reasons behind social workersí wariness of the law. Finally it identifies the development work which has sought to strengthen this subject discipline, and to provide social work and legal practitioners with the confidence and skills to work together on social policy questions and practice issues.e-mail: M.PRESTONSHOOT@livjm.ac.uk
Jeremy Roche, "Law, ethics and social work practice: a critical curriculum", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 121-142: In this article I consider the relationship between ethics, social work and the law. I do so from a standpoint which sees a number of ethical issues as central to professional social work practice namely a commitment to equality of treatment, to empowering service users and to the principle of accountability. My concern here is twofold: to ask whether there is any connection between the ethical issues underpinning professional practice and the legal framework which seeks to regulate such practice; and second, on the basis that the two are connected, what might this mean for how we think about the law social work relationship? In addressing this question while I focus on the area of children and families much of what I have to say is of general relevance to social work. By way of conclusion I argue that greater familiarity with the debates within traditional jurisprudence would enhance the social work law curriculum and permit a more critical consideration of the role of law in social work practice.
Simon Rahilly, "Housing Homeless Young People", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 143-158: The Housing Act 1996 introduced new legislation for the homeless. This article seeks to explore the duties that Housing Departments have to young homeless people by means of a critical examination of key parts of the legislation and some of the extensive case law that has sought to clarify the minimum requirements of housing authorities. It will identify those areas where there should be liaison and joint working with Social Services Departments, which may also have duties to young homeless people under the provisions of the Children Act 1989. Specifically the article will consider the importance of an assessment by Social Services in decisions about homelessness, priority need, intentionality and the suitability of any accommodation secured. But whilst joint working should be encouraged, it may be frustrated by a mutual scepticism and an overriding concern to protect scarce departmental resources. e-mail: S.J.RAHILLY@livjm.ac.uk
Carole Smith, "Mutual Respect or Mutual Distrust: Social Workers and the Courts in Child Care Decisions", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 159-179: This paper explores the boundary between the statutory powers of local authorities and the social workers whom they employ and the powers of the courts, in relation to decisions in child care cases. Extensive reference is made to case law in order to illustrate the ways in which courts have attempted to determine planning and decision making for children, where the local authority has assumed responsibility for their care. The courts have clearly sought to extend their powers into those areas where Parliament intends that local authorities and their social workers should be able to make decisions about children without judicial intervention or review. It is argued that judicial interference in what is properly the business of local authorities derives at least, in part, from a mistrust of social workers' ability to effectively safeguard and promote the welfare of children. The courts have been particularly concerned in this regard about their duty to treat the child's welfare as paramount and, in so doing, the application of their discretion in deciding whether an order should be made (Children Act, 1989, s.1). This paper suggests that encouraging social workers to better understand the law and legal proceedings may facilitate the development of a more productive and collaborative relationship between social workers and the courts in child cases, thus enhancing mutual respect and the appropriate division of judicial and administrative responsibility between the courts and local authorities respectively. e-mail: Carole.Smith@man.ac.uk
Luke Clements, "Community Care: Towards a Workable Statute", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 181-191: The article analyses the need for the reform of Community Care Law and concludes that simple codification is not possible. It explores the constraints which limit the possibility of an over-arching substitute statute (like the analogous Children Act 1989). The author concludes that the reforming Act will need avoid resource questions (charging for services and how substantial a service will be) and concentrate upon the issue of legal entitlement to services and 'due process' in how such decisions are reached. The article proposes that a reformed statute should be based upon a core of agreed principles (the promotion of independence, minimum restriction of individual liberty etc). The remaining key sections of the reform statute are then considered. e-mail: luke@clements.kc3ltd.co.uk
Teresa Munby, "Immigration, Nationality and Asylum Law for Social Workers", Liverpool Law Review XIX/2 (1997), 193-202: This paper considers the need to teach intending social workers about immigration, nationality and asylum legislation. It explores the benefits of doing so and then considers how it might be taught. The need to teach this area of law is premised on three arguments. Firstly, that social workers understanding of race, discrimination and anti-discriminatory practice will benefit from having an historical overview of the developments in immigration and nationality law in the UK. Secondly, that attempts by government to exclude asylum seekers from social security benefits and subsequent court decisions have brought local authority social services departments clearly into the frame for having financial responsibility for this client group. Thirdly, only with an understanding and knowledge of this legislation can social workers effectively work with and assist those clients for whom their immigration/nationality/asylum status maybe relevant when helping in related social welfare problems (of say benefits, housing, domestic violence and so on) through the social workers' increased understanding of the significance of immigration status upon such problems. The article then explores how this area of law can be taught and suggests three main areas of content covering: legislation, internal immigration control and detention. e-mail: tmunby@ruskin.ac.uk
Hilary Nettleton, Sandra Walklate and Brian Williams, "Three models of probation involvement with victims of crime", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 203-217: Probation managers and practitioners have differing views about the appropriateness, ethics and methods of involvement with victims of crime. Using interview data, we consider the reasons for this wide range of opinion, and illustrate three distinct approaches taken in practice. Victim contact work is important and sensitive, but is viewed with considerable suspicion by many in the Probation Service. Some political, ethical and practical reasons for this concern are discussed.
Richard W. Barker, "Unborn children and child protection - legal, policy and practice issues", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 219-229: This paper examines some of the procedural, practice and legal issues that arise in relation to child protection and unborn children. It considers the official guidance on such interventions, and suggests that whilst the law limits interventions, the guidance issued under 'Working Together' expects agencies to monitor unborn children without having regard to the complexities of the law. It is shown that the legal position is much more complex than the guidance indicates. Particular areas then considered are the legal position of the unborn fetus, the law in relation to parental rights, and the law in relation to termination of pregnancy. Some statistical evidence is provided to show the incidence of registration on child protection registers of unborn children and how unborn children's cases are handled very differently in different areas of England, the article concludes with suggestions for clarifications and improvements in the guidelines in 'Working Together' to reflect the complexities of child protection work with cases where unborn children are a feature. e-mail: rwbarker@unn.ac.uk
Case Note
Faye BOLAND, "Psychiatric Injury and Assault. The Immediate Effect of R v. Ireland, R v. Burstow", Liverpool Law Review XIX/2 (1997), 231-239: An examination of the House of Lords decision R v Ireland, R v Burstow [1997] 2 W.L.R.534 which has considered the application of the Offences Against the Person Act 1861 to the stalker or malicious caller who causes psychiatric injury. The decision also clarifies the meaning of assault at common law. e-mail: F.Boland@liverpool.ac.uk
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