Administrative Decision Making in Child-Care Work: Exploring Issues of Judgement and Decision Making in the Context of Human Rights, and Its Relevance for Social Workers and Managers

Abstract

The Public Law Outline (PLO) introduced in England and Wales in April 2008 appeared to hold out the promise of a fairer process for parents within pre-proceedings decision-making processes that determine whether or not the local authority will make an application to court. Whilst the rhetoric of the PLO to provide consensual solutions within administrative rather than judicial decision-making processes may be laudable, there are tensions and dilemmas in ensuring the rights of parents and children are protected when important decisions are being made without the oversight of the court. Despite the rhetoric of keeping children and families at the heart, there appears no relief from the procedural and managerial processes set within a context of public sector cuts affecting all professionals tasked with protecting children. Achieving justice for children and families to ensure their rights are protected within a protocol that necessitates increased resources will be a challenge.