# 3 The importance of knowing the law

In society generally, it is important that all citizens know their rights and how they can be upheld, particularly when situations of potential conflict arise. Can you get your money back if you are not satisfied with the quality of goods you bought? Can you get your deposit back from your landlord at the end of your tenancy? What can you do if the landlord refuses to return all of it because, they claim, you have caused damage to the property’s fixtures and fittings? It is, however, arguably more important for social care professionals to know the law. This is because they have a responsibility for the wellbeing of other people, who may have complex and serious needs that must be addressed. The following activity provides an opportunity to reflect further on why knowledge of the law in your jurisdiction is central to social care professional practice.

## Activity 5 Law in professional practice

Allow 30 minutes for this activity

You will already have heard Natalie and Robyn speak in the audios you listened to in Session 1. Now listen to them again where they continue their discussion, then answer the questions that follow.

Natalie (left) and Robyn (right)

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Transcript

1. Having listened to the audio, can you pick out a couple of examples that show why it is important for social care professionals to know the law?

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### Discussion

Natalie, the social worker, talks about the law underpinning social workers’ practice, giving as an example the impact of the Social Services and Well-being (Wales) Act. She refers to the importance of human rights in terms of the need to respect people’s autonomy – and that, if you do need to take action and intervene, you are able to justify the decision. She also talks of the need to follow the principles outlined in the Mental Capacity Act when making a decision in the person’s ‘best interests’.

Robyn, the social care coordinator, refers to how compliance with the law is important to protect the company she works for as well as for individual workers and clients. She cites the example of the General Data Protection Regulation (GDPR), which protects an individual’s right to confidentiality as far as their personal data is concerned. She also refers to the QCS (an online system) containing all the policies and procedures which are used in their company and which she follows all the time. She then gives the example of how she recently had to access this system to look at the company’s racism policy, prompted by her concern for the well-being of a colleague. Ultimately, this was resolved and she was clear that, while she had the best interests of the client in mind, she was not going to expose her staff to racist abuse.

2. In what ways did the social care professionals in the audio promote the rights and interests of service users?

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### Discussion

Natalie tells of her experience in advocating on behalf of a couple in hospital who, no matter what else happened to them, wanted to remain together. While in the end they were not able to return home together, she ensured that their voices were heard and that they stayed together in a care home. Robyn tells a similar story of advocating on behalf of a client whose family wanted her to return home when the client was clear that she wanted to stay in the nursing home. Again, drawing on her advocacy skills to effectively represent the views of the client was seen by Robyn as part of her professional responsibility as a social care worker.

3. In your view, how can social care professionals respect individual rights while also making sure that people do not harm themselves or others?

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### Discussion

In the audio, Natalie is clear that respect for human rights is central to her practice. It is important to be open and honest with people, making sure that they have all the facts so that they understand fully the consequences of the choices in front of them. Natalie acknowledges that this can be a challenge and that at times you need to be persistent about the need for intervention. She reminds us of the importance of seeking advice and following procedures, and of the need for proposed actions to be based on evidence and to be justifiable.

The above activity highlights the importance of law to social care professional practice. It also makes clear that social care professional practice is linked with a commitment to human rights in that both emphasise the importance of respect, empowerment and self-determination.

OpenLearn - Introducing social care and social work
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