# 2 Duties and powers in social care and social work

It is important to understand when there is a duty to act and when there is a power to act. Social workers’ duties and powers are generally placed on the local authority, but it is the social worker who is given the responsibility of taking the relevant action. The words ‘must’ or ‘shall’ indicate that there is a duty imposed on the local authority to carry out certain functions. A duty is something that social services departments are required by law to do. This means that they must act in a particular way or offer a certain service. In contrast, the presence of the word ‘may’ indicates that there is a power to take a particular action – in which case, there will be a discretion as to whether to act or not.

The responsibilities of care workers are to be found in legislation as well as in their contractual obligations to their employer – for example, a care-home owner. This would include following the agreed policies and procedures such as those relating to the safeguarding of children and adults at risk.

The following activity provides an opportunity for you to identify and consider some of the different legal powers and duties which impact on social care and social work professional practice.

## Activity 2 Powers or duties?

Allow 20 minutes for this activity

The list of provisions below is drawn from a range of UK statutes. Look at the list and indicate whether the provision creates a power or a duty.

1. ‘Where a child is in the care of a local authority, the authority … shall allow the child reasonable contact with – (a) his parents …’ (s.34, Children Act 1989)

Power
Duty

2. A person who is determining another person’s best interests ‘must, so far as practicable, encourage and help [that person] to participate as fully as possible in the determination of what would be in [their] best interests’. (s.7(5), Mental Capacity (Northern Ireland) Act 2016)

Power
Duty

3. ‘The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or in cash.’ (s.176, Children Act 1989)

Power
Duty

4. ‘A person exercising functions under the Act [must] seek to promote the well-being of … (a) people who need care and support; and (b) carers who need support.’ (s.5, Social Services and Well-being (Wales) Act 2014)

Power
Duty

5. ‘It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate …’ (s.12(1) Social Work (Scotland) Act 1968)

Power
Duty

### Feedback

Section 34 of the Children Act 2004 imposes a ‘duty’ on the local authority to allow a child in care contact with his or her parents. Likewise, the Social Services and Well-being (Wales) Act 2014 imposes a duty on local authorities to promote the well-being of persons in need of care. Social workers across the UK have a duty to investigate and assess in a range of situations, including where there are concerns regarding the welfare of children and where an adult may have needs for care and support.

Sometimes, however, the duty might be qualified – for example, by the phrase ‘as they [the local authority] consider appropriate’. This means that there is discretion built into the duty and that the local authority has a duty to act only so far as it considers it appropriate to do so. This is the case under Section 12 of the Social Work (Scotland) Act 1968 where the local authority is under a duty ‘to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area’ (s.12(1)). As noted above, it is the contract with the employer and the employer’s policies and procedures that will impose duties on the care worker, for example, to respect patient confidentiality and to keep proper records. This is in addition to the general duty of care that care workers have to individuals they care for.

In contrast, a ‘power’ is where a person has a decision-making discretion as to whether to take a particular course of action. So, s.17 of the Children Act provides that assistance to children in need

The next section considers another key aspect of the law that can affect social care professionals.

OpenLearn - Introducing social care and social work
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