Law and Social Work in the United Kingdom - Essay Example

You're 15 December 2005 Law and Social Work in the United Kingdom The Human Rights Act of 1998 changed quite a bit from whatit use to entail and now has even more of an impact within the realm of social work practice in the UK. It has definitely promoted a clearer and more precise understanding in the field of social work. What it has done is brought a better awareness of basic values and standards of living that all those in a sociological environment share (DCA 2005). This is especially resourceful because in the practice of social work there are always a myriad of economical problems to overcome with each individual and the way this new stipulation is set up in the Human Rights Act offers a better comprehension for the social worker as well as the service user. Also, this Act is especially in favour of service users in need of assistance from government agencies, since there is no question they must give consideration to individual rights, especially when certain decisions are not always the individuals to make. Agencies and workers affected by this change would be those in public positions such as: Government Departments Local Authorities Police, prison, immigration officers Public Prosecutors Courts and Tribunals Non-Department public bodies Any person exercising a public function (DCA 2005) In social work there has often been a lack of understanding of the service users predicaments. This revision of the Human Rights Act insures that all people will be treated with fairness and respect that is due to any person. The main issue is making those in public service positions aware that there are some rights that are pertinent in considering and they are protected by law. Other aspects that social work is affected by, through this new act is the assurance they must give to clients that their right to privacy will be strictly upheld. Although it is a natural fact that social workers do have to ask questions in regards to the client's personal information, this does not mean they can share that information with outside sources (The Liberty Guide to Human Rights 2005). In Article 8, there is a special notation which guarantee's this right to respect privacy of the individual. Previously, there had not been an exception for this, but now, there is generalized protection available to honour and respect the person's personal and family life unless there is a legitimate reason to acquire this information. If there is a necessity to inquire into these areas of a persons life then they must follow the established guidelines set forth, such as in the outline below. They must be in accordance with law It must remain within the interests of the legitimate objectives identified in Article 8 (2) It must show the necessary reason in a democratic society (The Liberty Guide to Human Rights 2005). Also, there are sometimes legitimate reasons and pertinent objectives to be gained for requesting more personal information from the individual by the social worker. There are many instances where the client divulging the information is within his or her best interest. The objectives that Article 8 stipulates are acceptable in seeking or sharing confidential information are as follows: Acting in the interests of National Security, public safety, or the economic well being of the country Acting for the prevention of disorder or crime Acting for the protection of health or morals Acting for the protection of the rights and freedoms of others (The Liberty Guide to Human Rights 2005) There is an unquestionable duty now, by public authorities to act within the stipulations of the new Human Rights Act but there are still instances when it seems these rights are being neglected or ignored. Therefore, there are a variety of other common laws that have been laid out as well to insure there is not an invasion of these rights. The piecemeal protection is one of these laws intertwined in common law practice to insure the rights that are endowed. Public authorities, including those in social work, are now being held accountable in accordance with the specific guidelines that will be applied to their actions, through section 8, of this Act. Furthermore, in regards to the abilities that service users use to have to challenge decisions that were made by social service departments, they will no longer have the dependency on judicial review; instead there will be legal challenges. So, it is obvious that it is essential for social workers to follow along the new principles set forth in the convention (British Journal of Social Work 2005). As far as 'The Human Rights Act of 1998' establishing new laws goes, that is really not where the significance of it lies. It's not that this Act made new laws but rather it improved upon ones that were already in existence. What the problem was was that these laws were simply being overlooked by many working in public service positions. This simply was not fair to those who were and are service users. One of the main goals of the UK government, with regard to this Act and the power it yields is to allow for cases that raise concerns with Convention issues be handled in the UK courts rather than somewhere else (Straw 2003). Thankfully, this Act has provided this ability as well as allowing the ECHR to have more power in the areas of culture of rights and the heavy responsibilities that go along with this. Because of the new ability the courts have, and the ECHR as well, the courts can now accede to disagreements that are in relation to convention rights, as well as providing some sort of alternative relief if it is found there is a breech of these rights. Civilised standards are what are expected from those performing social work or any other type of public service. There is no excuse in not observing the improved statutes so that everyone's rights remain protected. The Act works in two specific ways which has direct relevance on those involved in public service work and the courts system themselves. Courts and Tribunals have to follow legislation and do their best to interpret it correctly to insure that it is following along the Convention of Rights (Straw 2003). If the interpretation the courts make is not correlating correctly then the court can declare a incompatibility and then leave it to Parliament to come to a reasonable decision on whether or not there should be an amendment made to the current legislation so that it could then be made compatible (Stewart 2003). For this reason there are only two rights which are totally absolute in the Act and the rest are of limited or qualified power. These two rights are, 'the right not to be tortured' and 'the right to not be enslaved' (Stewart 2003). The limited rights also include Article 5 while Articles 8-11 make up the qualified rights. Some people feel Articles 8-11 are the most detrimental aspects of the new Act in that they give rights to 'privacy and freedoms of thought' and also, 'expression and assembly'. However, the state does have the power to block these rights with specific interference such as in the following two statements of information: Has a basis in law- which means in practice that it must be prescribed by law, clear, comprehensible, accessible and foreseeable Is found necessary in a Democratic society- which means, the interference must pursue a legitimate policy aim, like the prevention of crime and disorder, or the protection of health, fulfil a pressing social need, be proportionate to that policy aim, and be the only way to achieve it (Stewart 2003). What all of this means is that if it is felt that there is good justification, such as a very serious social need that requires more personal information then it can be allowed by going through proper legislative channels. However, there must be sufficient and undeniable grounds to do so in order to be allowed approval and gain acceptance in a timely manner. Therefore, as was probably already mentioned in this researched literature, public authorities such as social workers must follow compatibly with the Convention rights protocols unless legislation makes it entirely impossible to do so. "The ideas of lawfulness and democratic necessity apply to actions of public authorities. it will affect what they do and how far they should go in doing it" (Stewart 2003). The HRA has posed a number of dilemmas in the area of social work and child protection concerns as well. Due to the improved and some changed guidelines, procedures that were once performed with a normal sense of ease have now become situations that are of a more delicate nature. For instance, the courts now claim that a common law duty can not be placed on a duty that is statutory if there is any inconsistency with the performance of the local authority. The courts state that there is no logic in placing another duty of care if there are already programs set up to provide protection for children in need of it. The reasons for this are as follows: It would be impossible to disentangle the respective liability for negligence of all bodies involved in protecting children at risk The task of the local authority and its servants in dealing with children at risk is extraordinary delicate If there were potential liability for damages it might well mean local authorities would adopt a more cautious and defensive approach to their duties The relationship between the social worker and the child's parents is often one of conflict and a duty of care would likely breed to ill-feeling and often hopeless litigation which would divert money and resources away from the performance of the social service for which they are provided There were other remedies for maladministration of the statutory system for the protection of children in statutory complaints procedures and the power of local authorities ombudsman to investigate cases The development of novel categories of negligence should proceed incrementally and by analogy with decided cases. As there were n such close analogies, the court should proceed with great care before holding liable in negligence those who have been charged by Parliament with the task of protecting society from the wrong doing of others (Kilroy & Chambers 2004) It is quite obvious that through the reading of this literature, the HRA has been a benefit to many but also contains quirks that need to be worked out as well. Social Workers should now have a stronger sense of which direction they should now go with their work in order to gain the most accurate results and positive outcomes for them as well as the service users. These laws are not meant to be a hindrance to social workers but rather provide a more in depth and simpler way of assessing the needs of their clients and then providing correct services so those needs can be satiated (Carr 2005). The main areas that are the most detrimental and that everyone in social work should familiarise themselves in are: The role of human rights and professional ethics The potential conflict between a social workers duties to society and the user and the new focus on partnership working Law and the legal system Workings of the court Working with children in the areas of civil and criminal matters Working with adults and certain issues of violence Family breakdown Housing Immigration Asylum (Carr 2005) If those in social work insure that all of these specific areas are well adjusted and taken care of for the individual then perhaps a more amicable and understanding relationship between the worker and the client can be built on. All anyone really wants is respect to begin with but they also need assistance from public services at times. It would seem the doorway to better communication and gaining the correct assistance is gradually improving for the better in the U.K. Hopefully it will continue to provide higher quality service for those who are desperately in need of the aid that the Social Workers and public systems in the UK can provide Works Cited The British Journal of Social Work (2005) 'Researching Vulnerable Groups: Ethical Issues and the Effective Conduct of Research' Vol.35, Number 7 pp.1023-1038 Carr, Helen (2005) Law For Social Workers, 9th Edition, London Metropolitan University DCA (2005) 'Department for Constitutional Affairs' Retrieved from: http://www.dca.gov.uk/hract/hrafaqs.htm Accessed 15 December 2005 Kilroy, Charlotte & Chambers, Matrix (2004) 'Local Authorities and the Human Rights Act 1998' Retrieved from: http://www.lawsociety.ie/newsite/documents/members/hrkilroy.pdf Accessed 20 December 2005 The Liberty Guide To Human Rights (2005) 'The Right to Respect for Private and Family Life, Home and Correspondence' Retrieved from: http://www.yourrights.org.uk/your-rights/chapters/privacy/article-8.htm Accessed 20 December 2005 The Liberty Guide To Human Rights (2005) 'The Right To Know: Social Work Records' Retrieved from: http://www.yourrights.org.uk/yourrights/chapters/the-right-to-know/social-work-records.htm Accessed 20 December 2005 Straw, Jack (2003) 'The Human Rights Act 1998 and the European Convention on Human Rights' Jurist Legal Intelligence Retrieved from: http://www.jurist.law.pitt.edu/world/ukcor3.htm Accessed 19 December 2005 Read More