Power and consent

Consent is one of the ethical foundations of the relationship between the professional and the family. The BASW code of ethics sets the expectation that individuals will give informed consent in the decisions that affect them, whether or not that consent is required. But there are situations in which families are unwilling to give social workers access or object to information gathering. In those cases where do we stand?

First of all, the law does provide backing for rights of entry and information gathering even if none of the hundreds of provisions relating to rights of entry include a generic right for social workers. For example, Section 48 (7) and 48 (8) make intentional obstruction of the power of entry and search an offence in relation to Police Protection Orders (Children Act 1989). Related provisions exist in other legislation for schools, foster homes and places of employment. In each case the right of access is linked to the need to respond to concerns about the welfare of a child or young person.

Guidance makes clear that the agency should seek to work in partnership with families to the fullest extent possible. If the agency acts without the consent of family members then it has to be ready to demonstrate that those actions are within the law, are for a legitimate objective and are proportionate. For example, it would be unreasonable to gather evidence without consent if it was likely that consent would be given later and that no harm would arise in the intervening time.

While it’s helpful to understand the legal context we all know that good social work is about more than rules and regulations. I asked a couple of former colleagues about their experiences. They all emphasised the importance of setting clear grounds rules when working with families. This means being clear from the outset about what you will be would be looking for on you visits and that you might call unannounced. It isn’t a matter of asking for permission. Families deserve to be told why we do the things we do and that we need evidence to support the decisions we take.