NEWS | LOCAL NEWS | N. Ireland

Introduction

Section 76 of the Serious Crime Act 2015 (SCA 2015) establishes the criminal offense of controlling or coercive behavior in an intimate or family relationship. This legislation aims to address the insidious nature of domestic abuse that is not necessarily physical but can involve patterns of behavior that control, manipulate, and intimidate the victim.

Coercive behavior by social workers is a serious issue that can undermine trust in social services and harm vulnerable individuals and families. Coercive actions might include manipulating clients, making threats, withholding information, or using undue influence to achieve compliance. Addressing this issue involves understanding the nature of coercive practices, recognizing the signs, and taking steps to prevent and mitigate such behavior.

Definition and Key Elements: The law recognizes that controlling or coercive behavior can have severe psychological effects on victims, undermining their autonomy and freedom. Key elements of this offense include:

1. Controlling Behavior: Acts designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance, and escape, and regulating their everyday behavior.
2. Coercive Behavior: Acts of assault, threats, humiliation, and intimidation or other abuse that is used to harm, punish, or frighten the victim.
3. Relationship Requirement: The perpetrator and victim must be personally connected, meaning they are in an intimate relationship or are family members living together.

Legal Provisions and Penalties:

• Maximum Penalty: The offense can be tried either summarily in a magistrates’ court or on indictment in a Crown Court. The maximum penalty upon conviction is five years’ imprisonment.
• Summary vs. Indictment: Summary trials typically handle less severe cases and can result in shorter sentences, whereas cases tried on indictment may involve more severe allegations and result in longer sentences up to the statutory maximum.

Impact on Social Work: Social workers play a crucial role in identifying and responding to cases of controlling or coercive behavior within families. They must be trained to recognize the signs of such abuse and understand the legal framework to provide appropriate support and intervention.

Implications for Social Work Practice

1. Training and Awareness:
   • Social workers must receive ongoing training to understand the dynamics of controlling and coercive behavior and the legal remedies available.
   • Awareness campaigns within social work agencies can help in recognizing the subtle signs of coercion and control, which are often less visible than physical abuse.
2. Assessment and Reporting:
   • Thorough assessments should include questions and observations about controlling or coercive behavior.
   • Social workers need clear protocols for reporting suspected cases of controlling or coercive behavior to law enforcement and other relevant authorities.
3. Support for Victims:
   • Providing support to victims of controlling or coercive behavior is crucial. This includes connecting them with legal resources, counseling, and safe housing options.
   • Social workers should advocate for victims’ rights and ensure they understand the legal protections available under Section 76 of the SCA 2015.
4. Collaboration with Law Enforcement:
   • Effective collaboration between social workers and law enforcement can enhance the protection of victims and the prosecution of offenders.
   • Joint training sessions and shared protocols can improve the response to cases involving controlling or coercive behavior.

Public Perception and Trust

The introduction of Section 76 of the SCA 2015 reflects a broader recognition of the damaging impact of non-physical forms of abuse. However, public trust in social workers’ ability to handle such cases is essential. As highlighted in the 2015 report by the Professional Standards Authority, mistrust issues among parents and the public need to be addressed through:

• Transparency: Clear communication about the steps being taken to address reports of coercive behavior.
• Accountability: Ensuring social workers follow ethical guidelines and are held accountable for their actions.
• Competence: Continuous training to maintain high standards of practice.

Understanding Coercive Behavior in Social Work

Definition and Examples:

• Manipulation: Social workers might use their authority to manipulate clients into making decisions that they might not otherwise make.
• Threats and Intimidation: Using threats of removing children from the home or other punitive measures to force compliance.
• Withholding Information: Not providing clients with all the necessary information about their rights, options, and the implications of decisions.
• Undue Influence: Applying excessive pressure on clients to agree to certain plans or actions.

Recognizing Signs of Coercive Behavior

For Clients:

• Feeling pressured to make decisions quickly without adequate information.
• Fear of repercussions if they do not comply with the social worker’s demands.
• Lack of transparency about their rights and the processes involved.

For Colleagues and Supervisors:

• Observing a pattern of complaints from clients about a specific social worker.
• Noticing a social worker frequently using high-pressure tactics in meetings or communications.
• Receiving reports from other professionals about the social worker’s coercive methods.

Insights from Public Perception

The report “What the public think about the conduct and competence of social workers” by the Professional Standards Authority highlights significant public concerns regarding social workers’ conduct and competence. Key points include:

• Trust Issues: Many members of the public have expressed a lack of trust in social workers, partly due to perceived coercive and manipulative behaviors.
• Accountability: There is a strong demand for greater accountability and transparency in social work practices. The public expects social workers to adhere strictly to ethical guidelines and to be held accountable when they do not.
• Competence: Concerns about the competence of social workers often stem from instances where clients felt pressured or coerced, indicating a need for better training and oversight.

Preventing and Addressing Coercive Behavior

Training and Education:

• Ethics Training: Regular training on ethical practices and the importance of client autonomy.
• Awareness Programs: Educating social workers about the signs and consequences of coercive behavior.

Supervision and Support:

• Regular Supervision: Ensuring social workers receive regular, reflective supervision where they can discuss their practices and any challenges they face.
• Support Systems: Providing support for social workers to manage their caseloads and avoid burnout, which can sometimes lead to coercive practices.

Policies and Procedures:

• Clear Guidelines: Establishing clear guidelines and protocols for decision-making and client interactions.
• Complaint Mechanisms: Ensuring there are accessible and effective mechanisms for clients to report coercive behavior without fear of reprisal.

Accountability:

• Investigations: Conducting thorough and impartial investigations into allegations of coercive behavior.
• Consequences: Implementing appropriate consequences for social workers found to be engaging in coercive practices, including retraining, disciplinary action, or termination if necessary.

Addressing Accountability and Concerns

I recently communicated with the Prime Minister Rishi Sunak via Twitter, expressing concerns about the lack of a plan to address the abduction of children by child abusers, resulting in more than half a million children now residing in a social work prison camp in Newry funded by the EU. I emphasized the urgent need for a plan to repatriate these children, highlighting the gravity of the situation and the need for decisive action. There has been no plan of repatriation to date.

Furthermore, I draw your attention to the article “Section 20 arrangements shake-up expected for social workers following Munby guidance” published on Community Care. This article discusses the anticipated changes in Section 20 arrangements for social workers following guidance provided by Sir James Munby. The shake-up in Section 20 arrangements underscores the need for clarity and consistency in safeguarding the rights and welfare of children. It is imperative that social workers adhere to updated guidance to ensure the effective protection of vulnerable children under their care. Munby does not seem to deal with devolved countries where this mandate should be consistent.

"Ms Vennells, that's absolute rubbish, isn't it?"

Sam Stein KC, who represents postmasters at the Post Office inquiry, tells former Post Office CEO Paula Vennells, who says she "loved the post office", that she "allowed" the scandal to happen. pic.twitter.com/FZg5co2m9c

— Channel 4 News (@Channel4News) May 24, 2024

Paula’s thoughts resonate with a broader issue within social care: “I wonder if I can pretend I can’t hear the question?” This reflects the mentality of many in high positions who believe they can avoid accountability. Are you listening, Southern and Social Care Trust, Laura Spiers? How would you fare in this chair under this questioning as CYPS Governance Coordinator? When you cannot even get the Nipso telephone number correct in your letter dated 14th May 2024.

The linked article, “A decade of outsourcing in health and social care in England: What was it meant to achieve?” by Anders Bach-Mortensen, Benjamin Goodair, and Christine Corlet Walker, delves into the effects of outsourcing within the health and social care sectors in England over the past decade. It examines the intended goals of outsourcing and evaluates whether these objectives have been met. The study particularly focuses on the privatization of children’s homes and foster care, shedding light on the impact of profit-driven motives on the welfare of children. It highlights concerns regarding the prioritization of financial gain over the well-being of vulnerable individuals, emphasizing the need for a shift towards community-centered and cooperative models of care.

In respect to Section 76 of the Serious Crime Act 2015, which created an offense of controlling or coercive behavior in an intimate or family relationship (CRB), this offense can be tried summarily or on indictment for a maximum of five years. Social workers must be particularly vigilant in identifying and responding to such behaviors to protect victims and ensure justice.

I urge you to take immediate and effective action to address these critical issues within the social work system. It is essential to rebuild trust with the public by ensuring transparency, accountability, and adherence to legal and ethical standards. Only by doing so can we truly protect and support the most vulnerable members of our society.

Advocacy and Support for Clients

Legal Support:

• Access to Legal Aid: Ensuring clients have access to legal aid to understand their rights and challenge coercive practices.
• Advocacy Services: Providing independent advocacy services to support clients in making informed decisions.

Empowerment:

• Education Programs: Educating clients about their rights and the role of social workers.
• Support Networks: Helping clients build support networks to provide advice and assistance.

Conclusion

Coercive behavior by social workers is unacceptable and undermines the core values of the profession, which include respect for individuals’ rights, dignity, and autonomy. The findings from the Professional Standards Authority’s report underscore the urgent need for improved accountability, transparency, and public trust in social work. By implementing robust training, supervision, policies, and support systems, the social work profession can prevent coercive practices and ensure that social workers act in the best interests of their clients. Additionally, empowering clients with knowledge and support can help them assert their rights and protect themselves from coercive behavior.

Section 76 of the Serious Crime Act 2015 is a significant step in tackling the complex issue of controlling or coercive behavior within intimate or family relationships. For social workers, understanding and applying this law is critical in protecting vulnerable individuals and supporting victims. Enhanced training, clear protocols, and effective collaboration with law enforcement are essential components in addressing this form of abuse and rebuilding public trust in social services.

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Insights from Public Perception

The report “What the public think about the conduct and competence of social workers” by the Professional Standards Authority in 2015 provides valuable insights into the public’s perception of social workers. A significant portion of the report focuses on the mistrust and concerns that parents, in particular, have towards social workers.

Mistrust Issues of Parents:

1. Perceived Bias and Unfair Treatment:
   • Many parents feel that social workers exhibit bias in their decision-making processes. This perception is often rooted in experiences where parents believe they were not given a fair opportunity to present their side of the story. The fear of bias leads to a general mistrust of social workers’ intentions and decisions.
2. Lack of Communication and Transparency:
   • Parents frequently report that social workers fail to communicate effectively. This includes not fully explaining the reasons behind their actions or decisions, not providing enough information about parents’ rights and available support services, and not keeping parents updated on the status of their cases. The lack of transparency and communication fosters a feeling of being left out of crucial decisions about their own families.
3. Threats and Intimidation:
   • Some parents describe experiences where social workers used threats of removing children from their homes as a coercive tactic to ensure compliance. This intimidation tactic not only creates fear but also deepens mistrust, as parents feel they are being forced into decisions without their consent or understanding.
4. Inconsistent Practices:
   • Parents often observe inconsistencies in how different social workers handle similar cases. This inconsistency can lead to confusion and a perception of unfair treatment. Parents worry that outcomes are more dependent on the individual social worker than on a standardized and fair process.
5. Perceived Lack of Empathy and Understanding:
   • Many parents feel that social workers lack empathy and fail to understand the unique circumstances and challenges they face. This perception can stem from interactions where social workers appeared detached, judgmental, or more focused on procedure than on the well-being of the family.
6. Concerns Over Competence:
   • Parents have expressed doubts about the competence of social workers, particularly when they notice a lack of knowledge or expertise in handling complex family issues. Concerns about competence can lead to a lack of confidence in the social worker’s ability to make sound and informed decisions.

Addressing Mistrust Issues

To address these mistrust issues, it is crucial to implement strategies that enhance transparency, communication, and fairness in social work practices:

Enhancing Transparency and Communication:

• Clear Explanations: Social workers should provide clear and comprehensive explanations of their actions, decisions, and the reasons behind them. This includes detailing parents’ rights and the processes involved in their cases.
• Regular Updates: Keeping parents informed about the status of their cases and any developments can help build trust and reduce feelings of being excluded.

Building Empathy and Understanding:

• Empathy Training: Social workers should undergo training to develop empathy and understanding of the diverse situations families face. This training can help social workers engage more effectively and sensitively with parents.
• Client-Centered Approach: Adopting a client-centered approach that prioritizes the well-being and perspectives of the family can foster a more supportive and trusting relationship.

Ensuring Consistency and Fairness:

• Standardized Procedures: Implementing standardized procedures and guidelines can help ensure consistency in how cases are handled, reducing the perception of bias and unfair treatment.
• Supervision and Oversight: Regular supervision and oversight can help identify and address any deviations from established procedures, ensuring that all social workers adhere to best practices.

Improving Competence:

• Ongoing Training: Continuous professional development and training can help social workers stay informed about the latest best practices and developments in social work.
• Specialized Support: Providing access to specialized support and resources for complex cases can enhance social workers’ ability to handle these situations competently.

Conclusion

Addressing the mistrust that parents have towards social workers is essential for improving the effectiveness of social services and ensuring the well-being of vulnerable families. The insights from the Professional Standards Authority’s 2015 report highlight the need for enhanced transparency, communication, empathy, consistency, and competence in social work practices. By implementing these strategies, the social work profession can rebuild trust with parents and better support the families they serve.

Here are some external links that provide additional insights and resources related to social work practices, ethics, and addressing coercive behavior:

1. Social Work England – Professional Standards:
   • Professional Standards for Social Workers This page outlines the professional standards that social workers in England must adhere to, ensuring they maintain the highest levels of practice and conduct.
2. Community Care – Section 20 Arrangements:
   • Section 20 arrangements shake-up expected for social workers following Munby guidance This article discusses the anticipated changes in Section 20 arrangements for social workers following guidance provided by Sir James Munby.
3. Professional Standards Authority – What the public think about the conduct and competence of social workers (2015):
   • What the public think about the conduct and competence of social workers This report provides an in-depth analysis of public perceptions regarding the conduct and competence of social workers.
4. The Guardian – Social Work and Ethics:
   • Social workers: where did it all go wrong? An article exploring the challenges and ethical dilemmas faced by social workers in the UK.
5. British Association of Social Workers (BASW):
   • Ethical Guidance and Code of Ethics The BASW provides comprehensive ethical guidance and a code of ethics to support social workers in maintaining professional integrity.
6. Research Article – Outsourcing in Health and Social Care:
   • A decade of outsourcing in health and social care in England: What was it meant to achieve? by Anders Bach-Mortensen, Benjamin Goodair, and Christine Corlet Walker. This study examines the effects of outsourcing within the health and social care sectors in England, focusing on privatization and its impacts on children’s services.
7. The Stealing of Emily – Blog on Consent and Child Welfare:
   • Consent and Child Welfare: Section 20 in Northern Ireland vs. England A blog post discussing the differences in Section 20 arrangements between Northern Ireland and England, emphasizing the need for consistent legal frameworks to protect children’s welfare.
8. Professional Standards Authority – Code of Conduct for Staff:
   • Code of Conduct for Staff This document outlines the code of conduct expected from staff in regulatory bodies, emphasizing the importance of ethical behavior and accountability.

These resources provide valuable information on social work ethics, public perceptions, legal frameworks, and the impact of outsourcing in social care, offering a comprehensive view of the challenges and standards in the field.