The Lapsley case II
A change in the law is needed
Angus Skinner
former chief social work adviser
for Scotland
I agree with Ewan Kennedy's concerns (SR 280). I think there are widespread issues.
Over 40 years in public service locally and nationally if I have learned nothing else I have learned that when things go wrong it is almost always a matter of mistakes not intent, cock-up rather than conspiracy. Of course at the heart of Kafka is the fact that for both victims and perpetrators it is very hard to draw the distinction, and becomes harder.
There are important questions that Falkirk should be asked, not least what support they have previously provided for this man and his family. There are important questions to ask about the legislation ('hard cases make bad law' comes quickly to mind) and important questions to ask about over-regulation and about implementation. I know the process from all sides – personally, professionally and in relation to policy, even in relation to art. And there are questions about whether social work has become (as I have argued for years) far too concerned with protection and far too little concerned with its core business of support.
As a champion and severest critic of social work over decades I think SR's investigation (and support for the family) in this case is great and should be followed up, involving all the different agencies. I feel for the student social worker caught up in all this and I hope she or he is getting appropriate support. There is the potential in SR's investigation to build the evidence base for new legislation and regulation, which – I agree with Ewan Kennedy – is required.
But today what is important is that the best decisions are made for Robert Lapsley, and indeed for his loving family. SR has shone a bright torch on the decisions to be made, and indeed their processes. If it is necessary to maintain that spotlight then so be it. If Robert Lapsley's position seems to be being better resolved then perhaps a wider focus would be good.
I recognise that there is a mirror image here, a constructive tension. Hard cases make bad law, hard cases make good journalism. I hope things go well for Robert and his family.
Angus Skinner was for 15 years chief social work adviser
to Scottish ministers |
