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Beyond the classroom: law literacy in practice

Beyond the classroom: law literacy in practice. Suzy Braye Michael Preston-Shoot Amanda Thorpe JSWEC 2008 Cambridge. Our aims in this paper. Consider evidence on unlawful and unethical practice Explore what happens to law knowledge at points of transition:

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Beyond the classroom: law literacy in practice

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  1. Beyond the classroom: law literacy in practice Suzy Braye Michael Preston-Shoot Amanda Thorpe JSWEC 2008 Cambridge

  2. Our aims in this paper • Consider evidence on unlawful and unethical practice • Explore what happens to law knowledge at points of transition: • From classroom to practice learning contexts • From learner to qualified practitioner • From student to employee • Review factors that distance professional practice from legal and moral rules • Identify how enhanced ‘law literacy’ can support lawful and ethical practice

  3. Our evidence? • Research into how social work students learn about law and use it in practice • Knowledge review (SCIE) • Study of the processes and outcomes of students’ law learning in placement (SWAP) • Judicial reviews of professional decisions • R(CD & VD) v Isle of Anglesey CC [2004] 7 CCLR 589 • Pierce v Doncaster MBC [2007] The Times, 27 Dec • R(Grogan) v Bexley NHS Care Trust [2006] EWHC 44 (Admin) • F(a child) [2008] EWCA Civ.439

  4. What do we mean by law literacy? • The distillation of knowledge, understanding, skill and values that enables practitioner to connect relevant legal rules with the professional priorities and objectives of ethical practice

  5. Factors that inhibit law literacy • (1) Problems of learning • How social work students learn law • How well students are prepared to manage ethical dilemmas in practice • (2) Challenges of practice • How use of law knowledge is mediated through the agency context in which practice takes place • How codes of ethics and conduct are mediated through the same agency context

  6. (1) Problems of learning

  7. (2) Challenges of practice (i)

  8. (2) Challenges of practice (ii)

  9. A vicious circle

  10. How to develop law literacy?

  11. Facilitators for change • Enhanced visibility of law and values as determinant of ‘right’ or ‘just’ practice • ‘protect the rights ... of service users and carers’ • ‘meet relevant standards of practice and work in a lawful, safe and effective way’ (GSCC Code) • Moving beyond a technical ‘legal powers and duties’ approach to engage with the political impact of law and its role in promoting rights • Technical proficiency balanced with critical thinking • Ongoing professional development focus • Better understanding of accountability

  12. More detailed information... • Braye, S. & Preston-Shoot, M. (with Cull, L-A., Johns, R., Roche, J.) (2005) Learning, Teaching and Assessment of Law in Social Work Education: A Knowledge Review. London: Social Care Institute for Excellence. • Braye, S., Preston-Shoot, M. and Thorpe, A. (2006) Social Work Law in Practice. Southampton: Higher Education Academy SWAP. • Braye, S. and Preston-Shoot, M. (2006) Teaching, Learning and Assessment of Law in Social Work Education: A Resource Guide. London: Social Care Institute for Excellence. • Braye, S., Preston-Shoot, M. and Thorpe, A. (2007) ‘Beyond the classroom: law learning in practice’. Journal of Social Work,7, 3, 323-341 . • Braye, S. and Preston-Shoot, M. (2006) ‘The role of law in welfare reform: critical perspectives on the relationship between law and social work practice’, InternationalJournal of Social Welfare, 15, 19-26.

  13. Contacts • Professor Suzy Braye University of Sussex, UK s.braye@sussex.ac.uk • Professor Michael Preston-Shoot University of Bedfordshire, UK michael.preston-shoot@beds.ac.uk • Amanda Thorpe University of Bedfordshire, UK Amanda.thorpe@beds.ac.uk

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