Promoting rights or avoiding litigation? The introduction of the human rights act 1998 into adult social care in England

Abstract

Rights to social care in England have traditionally been highly restricted. By placing positive obligations on social care agencies and practitioners to make provision for vulnerable adults, the incorporation of the European Convention on Human Rights into UK law through the Human Rights Act 1998 promised to extend their reach. Yet transforming a set of largely procedural rights into something more substantive requires the active intervention of social care practitioners. This article firstly examines the fit between human rights and the policy and operational contexts of social care before exploring the views of social workers included in a recent interview study. Whilst the findings point to a willingness on the part of some to advocate on behalf of vulnerable adults, they also highlight the extent to which individualistic beliefs about dependency and responsibility reinforce the dominant construction of citizenship rights under the current government as contingent upon the fulfilment of responsibilities. Treating the Human Rights Act as a weapon of litigation, the article concludes, simply reinforces defensive practice. Progressive change is best supported by fostering a human rights culture in social care which, in turn, depends upon challenging social workers’ assumptions about the nature of dependency, responsibility and rights.

Keywords:

• Human Rights
• Social Care
• User Rights

Notes

I am indebted to Hartley Dean for pointing out this important distinction.