Partners in community care? Rethinking the relationship between the law and social work practice

Abstract

The relationship between law and social work practice is complex and confusing. Attempts to define it have identified stereotypical assumptions and divergent purposes. Recent community care legislation, however, in speaking the language of partnership and empowerment, has resonated with the current concerns of professional social work and thus has opened the way for further exploration. This article takes as a starting point two of the major challenges facing professionals working with adults vulnerable through age, disability, or illness, and demonstrates how the relevant social welfare law helps or hinders professional endeavour. The first challenge lies in determining who controls the provision and quality of services–the needs of people, their rights or resource availability. The second challenge lies in determining who makes which decisions about people's lives–the individual or the state–and by reference to what values. This analysis provides a framework for clarifying the relationship between the law and social work, and for translating this into practice at the levels of policy formation and contact with service users.