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    Deciding to use the law in social work practice

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    Authors
    Braye, Suzy
    Preston-Shoot, Michael
    Wigley, Veronica
    Affiliation
    University of Sussex
    University of Bedfordshire
    Issue Date
    2011-12
    Subjects
    social work
    law
    legal rules
    peer interviews
    social work decision-making
    
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    Abstract
    Summary: This article reviews evidence on how social workers incorporate legal rules in their decision-making. It draws on a small empirical study in which practitioners shared with each other, in peer interviews, examples of their own casework, followed by individual interviews with a researcher. Taken together, the conversations cast light on the extent to which legal knowledge is foregrounded in practitioners’ accounts of their work. • Findings: 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 draws on related literature to interrogate the potential reasons for the relatively low profile of ‘law talk’ and identifies four factors – lack of legal knowledge and confidence, reliance on organizational and procedural approaches, assumptions about the role of law in different service contexts, and individual orientations to practice – as significant factors in determining whether and how legal rules are relied upon. Thus it presents a more nuanced analysis of the relationship between law and practice than has hitherto been available. • Applications: The findings are significant in casting light on the complex range of factors that present barriers to the robust and consistent implementation of legal rules in social work. They have implications – in particular for the role of organizational management in the audit, development and supervision of practice – that are particularly topical in the context of the work in England of the Social Work Reform Board.
    Citation
    Braye, S., Preston-Shoot, M., Wigley, V. (2011) 'Deciding to use the law in social work practice' Journal of Social Work 13 (1) 75-95
    Publisher
    SAGE
    Journal
    Journal of Social Work
    URI
    http://hdl.handle.net/10547/335869
    Additional Links
    http://jsw.sagepub.com/content/13/1/75
    Type
    Article
    Language
    en
    ISSN
    1741-296X
    1468-0173
    10.1177/1468017311431476
    Collections
    Research Centre for Applied Psychology

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