3.2 Public and private law

Public law matters involve the state. It sometimes includes criminal law, as well as action taken against individuals by an organisation that represents the state, such as a local authority. Most proceedings involving social workers will be categorised as public law matters.

Figure 11 Public inquiry into Stafford Hospital scandal begins

Private law matters are proceedings between individuals, such as divorce or claims in respect of road traffic accidents. Social workers may become involved in private law matters, in particular private law family proceedings. For example, if family members cannot agree on where a child should live following divorce, they may ask the court to make the final decision. The court may need the help of a social worker in providing information that will inform that decision.