pepe621

Suzy Braye, Michael Preston-Shoot

Amanda Thorpe

PEPE 2008 Edinburgh

To explore the interface between law and ethics in professional practice

Our evidence?◦ Judicial reviews of professional decisions in

human services◦ Research into how students learn about law and

use it in practice◦ Social work and social services agencies as a case

example which may resonate for other professional groups

Agencies’ and professional practitioners’ failure to observe legal and moral rules

Professional and managerial decisions that are both unlawful and unethical

Judicial review findings◦ R(CD & VD) v Isle of Anglesey CC [2004] 7 CCLR 589◦ Pierce v Doncaster MBC [2007] The Times, 27 Dec◦ R(Grogan) v Bexley NHS Care Trust [2006] EWHC 44

(Admin)

(1) Problems of pedagogy◦ How social work students learn law◦ How well students are prepared to manage

ethical dilemmas in practice

(2) Challenges of practice◦ How use of law knowledge is mediated through

the agency context in which practice takes place◦ How codes of ethics and conduct are mediated

through the same agency context

Knowledge review of law in social work education (funded by SCIE)

◦ Systematic review of international literature◦ Survey of UK education practice

User review of the processes and outcomes of students’ law learning in placement (funded by SWAP)

◦ Workshops and focus groups of key stakeholders in social work education and practice

(1) Problems of pedagogyLAW Law perceived as “not

social work” ◦ difficult, alien,

hostile, oppressive Problematic transition

to practice contexts◦ Loss of confidence

and currency◦ No law-related

practice learning objectives

ETHICS AND VALUES Education enhances

rather than changes values

Competing ethical paradigms

Application of values under-theorised

Multiple accountability left unresolved

Law is implicit rather than explicit in practice◦ “No-one actually mentions law. It’s more of an

assumption that it’s there. No one actually talks about it.”

◦ “There’s a culture of not talking about knowledge that underpins practice. It is possible to work in an agency and not to know much about the law.”

Practitioners’ knowledge decays over time, with no focus on law in cpd◦ “Whilst I am an experienced practitioner, I would not

have the confidence in my knowledge to try to pass on that information.”

Organisational culture mediates both legal and ethical rules

Resources & procedures rule decisions◦ “I’ve often said to social work students, when

you’re qualified you really can’t go out there and change the world, you can only work within the requirements and statutes that your local authority allows you to.” “We need to teach students to implement agency policy.”

Clashes of perspective over accountability Weaknesses in regulatory frameworks

Enhanced visibility of law and values as determinant of ‘right’ or ‘just’ practice◦ ‘protect the rights ... of service users and carers’◦ ‘meet relevant standards of practice and work in a

lawful, safe and effective way’ (GSCC Code) Moving beyond a technical ‘legal powers and

duties’ approach to engage with the political impact of law and its role in promoting rights

Technical proficiency balanced with critical thinking

Ongoing professional development focus Better understanding of accountability

How the law/ ethical

practice relationship is

modelled

Rights/Justice

Rational/ Technical

Moral/Ethical

Braye, S. & Preston-Shoot, M. (with Cull, L-A., Johns, R., Roche, J.) (2005) Learning, Teaching and Assessment of Law in Social Work Education: A Knowledge Review. London: Social Care Institute for Excellence.

Braye, S., Preston-Shoot, M. and Thorpe, A. (2006) Social Work Law in Practice. Southampton: Higher Education Academy SWAP.

Braye, S. and Preston-Shoot, M. (2006) Teaching, Learning and Assessment of Law in Social Work Education: A Resource Guide. London: Social Care Institute for Excellence.

Braye, S., Preston-Shoot, M. and Thorpe, A. (2007) ‘Beyond the classroom: law learning in practice’. Journal of Social Work,7, 3, 323-341 .

Braye, S. and Preston-Shoot, M. (2006) ‘The role of law in welfare reform: critical perspectives on the relationship between law and social work practice’, International Journal of Social Welfare, 15, 19-26.

Professor Suzy BrayeUniversity of Sussex, [email protected]

Professor Michael Preston-ShootUniversity of Bedfordshire, [email protected]

Amanda ThorpeUniversity of Bedfordshire, [email protected]