1. Disasters and the law introduction
Complete short task 1 in workbook (15 minutes)
The governance of social workers during a crisis situation is devolved to individual local authorities. During a disaster, the legal rights that individuals have persist. For example, under section 47 of the Children Act 1989, a local authority must still investigate if there is reasonable cause to suspect a child is experiencing, or is likely to experience, significant harm. Following a disaster, this duty, and other legal duties, can become significantly more complex to meet. Consider the following example:
Lucy is a 6 year old child who lives with her parents Sarah and Rick. Following an incident where Rick was accused of breaking Lucy’s arm while under the influence of alcohol, an Emergency Protection Order was put in place that includes an exclusion preventing Rick from being at the family home while an investigation takes place. Rick is now staying at a friend’s house a few streets away. Severe and unexpected flooding has now hit the area, requiring the evacuation of Rick, Sarah and Lucy, who are all told to go to the local community centre where beds and food are being provided.
Reflection questions:
What would be risks in this case? How could a social worker respond to these?
Some additional legislation to consider/be aware of (follow the links for more information):
A person who is homeless or threatened homeless as a result of a disaster shall be considered a priority need for accommodation (Section 189)
Chapter 3 gives powers of “emergency remedial action” if a category 1 hazard (fire, gas leak, structural collapse) creates an imminent risk of serious harm to the health and safety of the occupiers of residential property.
Humanitarian Assistance Lead Officer (HALO)
Specific to London under the London Resilience Partnership, the HALO is appointed by local authorities and is typically the Director of Adult Social Services. The role involves bringing together partners in health, the police and voluntary sectors to oversee humanitarian assistance efforts. More information on the role of the HALO and how this relates to social work can be found here.
A Family Liaison Officer is a police investigator who provides support and information to families in the event of a crime or disaster. While their role involves providing this support in a sensitive and compassionate manner, their primary role is to gather information and contribute to the investigation of an incident. Therefore, they are not a replacement for social work and other supportive interventions.
Body Identification/Viewing Procedures
There are specific procedures around the identification of bodies and the use of mortuaries following a disaster/emergency. Social workers will often be involved in supporting individuals and families through these processes, and they should be included in resilience plans. More details about these processes can be found here.
Section links
- Disasters and the law introduction (current page)
- Civil Contingencies Act 2004
- Advocating for the role of social workers in disasters
- Contextualising disasters
- Disaster capitalism
- Follow up task