On the evidence for viruses in social work systems: law, ethics and practice

The purpose of this paper is to explore an apparent disjunction between espoused professional ethics and ethics in practice, and between law in statute and law in action. Social work in England is used as the main case study, however, research from other jurisdictions is drawn upon to demonstrate wider concern about departures from moral and legal rules. The evidence of the disjunction is presented, drawing principally from judicial review cases, investigations by the Commissioner for Local Administration (Ombudsman), inquiry evidence and government reports. The article critiques the current regulatory apparatus in England and the mechanisms by which staff and service users can hold public organisations, particularly councils with social services responsibilities, accountable. The interface between law and ethics is reviewed. The paper concludes with observations about strengthening legal and ethical literacy in practice.