social work law case study essay

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In This Article Expand or collapse the "in this article" section Social Work and the Law

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Social Work and the Law by Allan E. Barsky LAST REVIEWED: 25 May 2011 LAST MODIFIED: 25 May 2011 DOI: 10.1093/obo/9780195389678-0024

“Social work and the law” refers to the interface between the practice of social work and the legal system, including statutory law, case law, legal institutions (courts, prisons, etc.), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). Law plays a number of important roles in the practice of social work. First, from an ecological perspective, the legal system is a vital part of a client’s social environment. Many social work clients are involved in legal systems, such as child protection, criminal justice, or mental health. Social workers need to be aware of the laws that regulate each system in order to help clients navigate their way through these systems more effectively, and to be able to advocate for law reform to improve the goodness of fit between clients and their socio-legal environments. Laws also govern many relationships of interest to social work clients, including landlord/tenant, employer/employee, physician/patient, vendor/purchaser, spouse/spouse, and parent/child relationships. Thus, knowledge of the law should provide practitioners with a practical understanding of their clients’ rights and responsibilities in a broad range of social relationships. Second, hospitals, schools, social assistance, correctional institutions, mental health facilities, and other social agencies are regulated by organization-specific laws. Organization-specific laws may dictate who is eligible for services, standards for record keeping, confidentiality, and other client rights. Social workers need to understand these laws in order to ensure that their agencies comply with the laws, and to be able to advocate for changes in the law to promote greater social and economic justice. Third, the profession of social work itself is regulated by various laws. Most states have licensing or accreditation laws that regulate the practice of social work, including who may practice and what standards of practice are legally enforceable. Social workers should also be aware of malpractice (tort) laws that identify when a social worker may be legally responsible for causing harm to a client if they perform their professional duties in a manner that falls below a reasonable standard of care. Finally, some social workers practice in forensic settings, providing investigations, evaluation, expert testimony, and treatment for clients involved in court or other legal systems. Such settings include probation, parole, prison, child custody evaluation, and involuntary committal to mental health institutions.

The resources listed here provide overall introductions to social work and the law, as well as to law and the legal system more generally. For basic overviews and explanations of legal terms, some of the older materials may be sufficient. For specific laws and how they apply in specific circumstances, readers should refer to the most current sources. Madden 2003 and Alexander 2003 provide two of the more recent and comprehensive introductions to social work and the law. Stein 2004 offers one of the most accessible introductions to the legal system and the philosophy of law.

Albert, Raymond. 2000. Law and social work practice: A legal systems approach . 2d ed. New York: Springer.

Provides a clear explanation of the legal system, including judicial and legislative processes, as well as areas of law most relevant to social workers. Information on rapidly evolving topics such as same-sex marriage has become dated.

Alexander, Rudolph. 2003. Understanding legal concepts that influence social welfare policy and practice . Belmont, CA: Brooks/Cole.

Describes laws pertaining to child welfare, mental health, professional liability. Designed to help readers understand the relevance of laws to social welfare policy and practice (with emphasis on macro issues).

Brayne, Hugh, and Helen Carr. 2010. Law for social workers . 11th ed. New York: Oxford Univ. Press.

Comprehensive textbook on the British legal system, including laws related to a social worker’s obligations in working with the legal system, children, families, people with mental illness, homeless people, and other people who have been socially excluded.

Madden, Robert G. 2003. Essential law for social workers . New York: Columbia Univ. Press.

Provides a good overview of the legal system and uses case examples to demonstrate the application of law to various issues related to social work practice (particularly clinical/micro practice). Excellent information on child welfare, contracts, advance directives, and malpractice.

Martin, Peter W. 2010. Introduction to Basic Legal Citation .

Online resource that explains norms for citing legal sources, including statutes and case law.

National Association of Social Workers Legal Defense Fund. Legal Issue of the Month. Washington, DC: NASW Legal Defense Fund.

Practice-oriented series of articles to inform social workers of legal issues, rights, and responsibilities. List of titles and order information available online .

Schroeder, Leila Obier. 1995. The legal environment of social work . Washington, DC: National Association of Social Workers Press.

Provides a good overview of the legal contexts in which social workers operate (particularly child welfare, family, mental health, and social security laws).

Stein, Theodore J. 2004. The role of law in social work practice and administration . New York: Columbia Univ. Press.

Provides social workers with a good overview of the legal system, legal terminology, and the history and philosophy of law. Chapters on specific areas of law are relatively basic, perhaps designed for social work students rather than practitioners.

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Organizing Your Social Sciences Research Paper: Writing a Case Study

Purpose of Guide
Design Flaws to Avoid
Independent and Dependent Variables
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Narrowing a Topic Idea
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Choosing a Title
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Bibliography

The term case study refers to both a method of analysis and a specific research design for examining a problem, both of which are used in most circumstances to generalize across populations. This tab focuses on the latter--how to design and organize a research paper in the social sciences that analyzes a specific case.

A case study research paper examines a person, place, event, phenomenon, or other type of subject of analysis in order to extrapolate key themes and results that help predict future trends, illuminate previously hidden issues that can be applied to practice, and/or provide a means for understanding an important research problem with greater clarity. A case study paper usually examines a single subject of analysis, but case study papers can also be designed as a comparative investigation that shows relationships between two or among more than two subjects. The methods used to study a case can rest within a quantitative, qualitative, or mixed-method investigative paradigm.

Case Studies . Writing@CSU. Colorado State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010 ; “What is a Case Study?” In Swanborn, Peter G. Case Study Research: What, Why and How? London: SAGE, 2010.

How to Approach Writing a Case Study Research Paper

General information about how to choose a topic to investigate can be found under the " Choosing a Research Problem " tab in this writing guide. Review this page because it may help you identify a subject of analysis that can be investigated using a single case study design.

However, identifying a case to investigate involves more than choosing the research problem . A case study encompasses a problem contextualized around the application of in-depth analysis, interpretation, and discussion, often resulting in specific recommendations for action or for improving existing conditions. As Seawright and Gerring note, practical considerations such as time and access to information can influence case selection, but these issues should not be the sole factors used in describing the methodological justification for identifying a particular case to study. Given this, selecting a case includes considering the following:

Does the case represent an unusual or atypical example of a research problem that requires more in-depth analysis? Cases often represent a topic that rests on the fringes of prior investigations because the case may provide new ways of understanding the research problem. For example, if the research problem is to identify strategies to improve policies that support girl's access to secondary education in predominantly Muslim nations, you could consider using Azerbaijan as a case study rather than selecting a more obvious nation in the Middle East. Doing so may reveal important new insights into recommending how governments in other predominantly Muslim nations can formulate policies that support improved access to education for girls.
Does the case provide important insight or illuminate a previously hidden problem? In-depth analysis of a case can be based on the hypothesis that the case study will reveal trends or issues that have not been exposed in prior research or will reveal new and important implications for practice. For example, anecdotal evidence may suggest drug use among homeless veterans is related to their patterns of travel throughout the day. Assuming prior studies have not looked at individual travel choices as a way to study access to illicit drug use, a case study that observes a homeless veteran could reveal how issues of personal mobility choices facilitate regular access to illicit drugs. Note that it is important to conduct a thorough literature review to ensure that your assumption about the need to reveal new insights or previously hidden problems is valid and evidence-based.
Does the case challenge and offer a counter-point to prevailing assumptions? Over time, research on any given topic can fall into a trap of developing assumptions based on outdated studies that are still applied to new or changing conditions or the idea that something should simply be accepted as "common sense," even though the issue has not been thoroughly tested in practice. A case may offer you an opportunity to gather evidence that challenges prevailing assumptions about a research problem and provide a new set of recommendations applied to practice that have not been tested previously. For example, perhaps there has been a long practice among scholars to apply a particular theory in explaining the relationship between two subjects of analysis. Your case could challenge this assumption by applying an innovative theoretical framework [perhaps borrowed from another discipline] to the study a case in order to explore whether this approach offers new ways of understanding the research problem. Taking a contrarian stance is one of the most important ways that new knowledge and understanding develops from existing literature.
Does the case provide an opportunity to pursue action leading to the resolution of a problem? Another way to think about choosing a case to study is to consider how the results from investigating a particular case may result in findings that reveal ways in which to resolve an existing or emerging problem. For example, studying the case of an unforeseen incident, such as a fatal accident at a railroad crossing, can reveal hidden issues that could be applied to preventative measures that contribute to reducing the chance of accidents in the future. In this example, a case study investigating the accident could lead to a better understanding of where to strategically locate additional signals at other railroad crossings in order to better warn drivers of an approaching train, particularly when visibility is hindered by heavy rain, fog, or at night.
Does the case offer a new direction in future research? A case study can be used as a tool for exploratory research that points to a need for further examination of the research problem. A case can be used when there are few studies that help predict an outcome or that establish a clear understanding about how best to proceed in addressing a problem. For example, after conducting a thorough literature review [very important!], you discover that little research exists showing the ways in which women contribute to promoting water conservation in rural communities of Uganda. A case study of how women contribute to saving water in a particular village can lay the foundation for understanding the need for more thorough research that documents how women in their roles as cooks and family caregivers think about water as a valuable resource within their community throughout rural regions of east Africa. The case could also point to the need for scholars to apply feminist theories of work and family to the issue of water conservation.

Eisenhardt, Kathleen M. “Building Theories from Case Study Research.” Academy of Management Review 14 (October 1989): 532-550; Emmel, Nick. Sampling and Choosing Cases in Qualitative Research: A Realist Approach . Thousand Oaks, CA: SAGE Publications, 2013; Gerring, John. “What Is a Case Study and What Is It Good for?” American Political Science Review 98 (May 2004): 341-354; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Seawright, Jason and John Gerring. "Case Selection Techniques in Case Study Research." Political Research Quarterly 61 (June 2008): 294-308.

Structure and Writing Style

The purpose of a paper in the social sciences designed around a case study is to thoroughly investigate a subject of analysis in order to reveal a new understanding about the research problem and, in so doing, contributing new knowledge to what is already known from previous studies. In applied social sciences disciplines [e.g., education, social work, public administration, etc.], case studies may also be used to reveal best practices, highlight key programs, or investigate interesting aspects of professional work. In general, the structure of a case study research paper is not all that different from a standard college-level research paper. However, there are subtle differences you should be aware of. Here are the key elements to organizing and writing a case study research paper.

I. Introduction

As with any research paper, your introduction should serve as a roadmap for your readers to ascertain the scope and purpose of your study . The introduction to a case study research paper, however, should not only describe the research problem and its significance, but you should also succinctly describe why the case is being used and how it relates to addressing the problem. The two elements should be linked. With this in mind, a good introduction answers these four questions:

What was I studying? Describe the research problem and describe the subject of analysis you have chosen to address the problem. Explain how they are linked and what elements of the case will help to expand knowledge and understanding about the problem.
Why was this topic important to investigate? Describe the significance of the research problem and state why a case study design and the subject of analysis that the paper is designed around is appropriate in addressing the problem.
What did we know about this topic before I did this study? Provide background that helps lead the reader into the more in-depth literature review to follow. If applicable, summarize prior case study research applied to the research problem and why it fails to adequately address the research problem. Describe why your case will be useful. If no prior case studies have been used to address the research problem, explain why you have selected this subject of analysis.
How will this study advance new knowledge or new ways of understanding? Explain why your case study will be suitable in helping to expand knowledge and understanding about the research problem.

Each of these questions should be addressed in no more than a few paragraphs. Exceptions to this can be when you are addressing a complex research problem or subject of analysis that requires more in-depth background information.

II. Literature Review

The literature review for a case study research paper is generally structured the same as it is for any college-level research paper. The difference, however, is that the literature review is focused on providing background information and enabling historical interpretation of the subject of analysis in relation to the research problem the case is intended to address . This includes synthesizing studies that help to:

Place relevant works in the context of their contribution to understanding the case study being investigated . This would include summarizing studies that have used a similar subject of analysis to investigate the research problem. If there is literature using the same or a very similar case to study, you need to explain why duplicating past research is important [e.g., conditions have changed; prior studies were conducted long ago, etc.].
Describe the relationship each work has to the others under consideration that informs the reader why this case is applicable . Your literature review should include a description of any works that support using the case to study the research problem and the underlying research questions.
Identify new ways to interpret prior research using the case study . If applicable, review any research that has examined the research problem using a different research design. Explain how your case study design may reveal new knowledge or a new perspective or that can redirect research in an important new direction.
Resolve conflicts amongst seemingly contradictory previous studies . This refers to synthesizing any literature that points to unresolved issues of concern about the research problem and describing how the subject of analysis that forms the case study can help resolve these existing contradictions.
Point the way in fulfilling a need for additional research . Your review should examine any literature that lays a foundation for understanding why your case study design and the subject of analysis around which you have designed your study may reveal a new way of approaching the research problem or offer a perspective that points to the need for additional research.
Expose any gaps that exist in the literature that the case study could help to fill . Summarize any literature that not only shows how your subject of analysis contributes to understanding the research problem, but how your case contributes to a new way of understanding the problem that prior research has failed to do.
Locate your own research within the context of existing literature [very important!] . Collectively, your literature review should always place your case study within the larger domain of prior research about the problem. The overarching purpose of reviewing pertinent literature in a case study paper is to demonstrate that you have thoroughly identified and synthesized prior studies in the context of explaining the relevance of the case in addressing the research problem.

III. Method

In this section, you explain why you selected a particular subject of analysis to study and the strategy you used to identify and ultimately decide that your case was appropriate in addressing the research problem. The way you describe the methods used varies depending on the type of subject of analysis that frames your case study.

If your subject of analysis is an incident or event . In the social and behavioral sciences, the event or incident that represents the case to be studied is usually bounded by time and place, with a clear beginning and end and with an identifiable location or position relative to its surroundings. The subject of analysis can be a rare or critical event or it can focus on a typical or regular event. The purpose of studying a rare event is to illuminate new ways of thinking about the broader research problem or to test a hypothesis. Critical incident case studies must describe the method by which you identified the event and explain the process by which you determined the validity of this case to inform broader perspectives about the research problem or to reveal new findings. However, the event does not have to be a rare or uniquely significant to support new thinking about the research problem or to challenge an existing hypothesis. For example, Walo, Bull, and Breen conducted a case study to identify and evaluate the direct and indirect economic benefits and costs of a local sports event in the City of Lismore, New South Wales, Australia. The purpose of their study was to provide new insights from measuring the impact of a typical local sports event that prior studies could not measure well because they focused on large "mega-events." Whether the event is rare or not, the methods section should include an explanation of the following characteristics of the event: a) when did it take place; b) what were the underlying circumstances leading to the event; c) what were the consequences of the event.

If your subject of analysis is a person. Explain why you selected this particular individual to be studied and describe what experience he or she has had that provides an opportunity to advance new understandings about the research problem. Mention any background about this person which might help the reader understand the significance of his/her experiences that make them worthy of study. This includes describing the relationships this person has had with other people, institutions, and/or events that support using him or her as the subject for a case study research paper. It is particularly important to differentiate the person as the subject of analysis from others and to succinctly explain how the person relates to examining the research problem.

If your subject of analysis is a place. In general, a case study that investigates a place suggests a subject of analysis that is unique or special in some way and that this uniqueness can be used to build new understanding or knowledge about the research problem. A case study of a place must not only describe its various attributes relevant to the research problem [e.g., physical, social, cultural, economic, political, etc.], but you must state the method by which you determined that this place will illuminate new understandings about the research problem. It is also important to articulate why a particular place as the case for study is being used if similar places also exist [i.e., if you are studying patterns of homeless encampments of veterans in open spaces, why study Echo Park in Los Angeles rather than Griffith Park?]. If applicable, describe what type of human activity involving this place makes it a good choice to study [e.g., prior research reveals Echo Park has more homeless veterans].

If your subject of analysis is a phenomenon. A phenomenon refers to a fact, occurrence, or circumstance that can be studied or observed but with the cause or explanation to be in question. In this sense, a phenomenon that forms your subject of analysis can encompass anything that can be observed or presumed to exist but is not fully understood. In the social and behavioral sciences, the case usually focuses on human interaction within a complex physical, social, economic, cultural, or political system. For example, the phenomenon could be the observation that many vehicles used by ISIS fighters are small trucks with English language advertisements on them. The research problem could be that ISIS fighters are difficult to combat because they are highly mobile. The research questions could be how and by what means are these vehicles used by ISIS being supplied to the militants and how might supply lines to these vehicles be cut? How might knowing the suppliers of these trucks from overseas reveal larger networks of collaborators and financial support? A case study of a phenomenon most often encompasses an in-depth analysis of a cause and effect that is grounded in an interactive relationship between people and their environment in some way.

NOTE: The choice of the case or set of cases to study cannot appear random. Evidence that supports the method by which you identified and chose your subject of analysis should be linked to the findings from the literature review. Be sure to cite any prior studies that helped you determine that the case you chose was appropriate for investigating the research problem.

IV. Discussion

The main elements of your discussion section are generally the same as any research paper, but centered around interpreting and drawing conclusions about the key findings from your case study. Note that a general social sciences research paper may contain a separate section to report findings. However, in a paper designed around a case study, it is more common to combine a description of the findings with the discussion about their implications. The objectives of your discussion section should include the following:

Reiterate the Research Problem/State the Major Findings Briefly reiterate the research problem you are investigating and explain why the subject of analysis around which you designed the case study were used. You should then describe the findings revealed from your study of the case using direct, declarative, and succinct proclamation of the study results. Highlight any findings that were unexpected or especially profound.

Explain the Meaning of the Findings and Why They are Important Systematically explain the meaning of your case study findings and why you believe they are important. Begin this part of the section by repeating what you consider to be your most important or surprising finding first, then systematically review each finding. Be sure to thoroughly extrapolate what your analysis of the case can tell the reader about situations or conditions beyond the actual case that was studied while, at the same time, being careful not to misconstrue or conflate a finding that undermines the external validity of your conclusions.

Relate the Findings to Similar Studies No study in the social sciences is so novel or possesses such a restricted focus that it has absolutely no relation to previously published research. The discussion section should relate your case study results to those found in other studies, particularly if questions raised from prior studies served as the motivation for choosing your subject of analysis. This is important because comparing and contrasting the findings of other studies helps to support the overall importance of your results and it highlights how and in what ways your case study design and the subject of analysis differs from prior research about the topic.

Consider Alternative Explanations of the Findings It is important to remember that the purpose of social science research is to discover and not to prove. When writing the discussion section, you should carefully consider all possible explanations for the case study results, rather than just those that fit your hypothesis or prior assumptions and biases. Be alert to what the in-depth analysis of the case may reveal about the research problem, including offering a contrarian perspective to what scholars have stated in prior research.

Acknowledge the Study's Limitations You can state the study's limitations in the conclusion section of your paper but describing the limitations of your subject of analysis in the discussion section provides an opportunity to identify the limitations and explain why they are not significant. This part of the discussion section should also note any unanswered questions or issues your case study could not address. More detailed information about how to document any limitations to your research can be found here .

Suggest Areas for Further Research Although your case study may offer important insights about the research problem, there are likely additional questions related to the problem that remain unanswered or findings that unexpectedly revealed themselves as a result of your in-depth analysis of the case. Be sure that the recommendations for further research are linked to the research problem and that you explain why your recommendations are valid in other contexts and based on the original assumptions of your study.

V. Conclusion

As with any research paper, you should summarize your conclusion in clear, simple language; emphasize how the findings from your case study differs from or supports prior research and why. Do not simply reiterate the discussion section. Provide a synthesis of key findings presented in the paper to show how these converge to address the research problem. If you haven't already done so in the discussion section, be sure to document the limitations of your case study and needs for further research.

The function of your paper's conclusion is to: 1) restate the main argument supported by the findings from the analysis of your case; 2) clearly state the context, background, and necessity of pursuing the research problem using a case study design in relation to an issue, controversy, or a gap found from reviewing the literature; and, 3) provide a place for you to persuasively and succinctly restate the significance of your research problem, given that the reader has now been presented with in-depth information about the topic.

Consider the following points to help ensure your conclusion is appropriate:

If the argument or purpose of your paper is complex, you may need to summarize these points for your reader.
If prior to your conclusion, you have not yet explained the significance of your findings or if you are proceeding inductively, use the conclusion of your paper to describe your main points and explain their significance.
Move from a detailed to a general level of consideration of the case study's findings that returns the topic to the context provided by the introduction or within a new context that emerges from your case study findings.

Note that, depending on the discipline you are writing in and your professor's preferences, the concluding paragraph may contain your final reflections on the evidence presented applied to practice or on the essay's central research problem. However, the nature of being introspective about the subject of analysis you have investigated will depend on whether you are explicitly asked to express your observations in this way.

Problems to Avoid

Overgeneralization One of the goals of a case study is to lay a foundation for understanding broader trends and issues applied to similar circumstances. However, be careful when drawing conclusions from your case study. They must be evidence-based and grounded in the results of the study; otherwise, it is merely speculation. Looking at a prior example, it would be incorrect to state that a factor in improving girls access to education in Azerbaijan and the policy implications this may have for improving access in other Muslim nations is due to girls access to social media if there is no documentary evidence from your case study to indicate this. There may be anecdotal evidence that retention rates were better for girls who were on social media, but this observation would only point to the need for further research and would not be a definitive finding if this was not a part of your original research agenda.

Failure to Document Limitations No case is going to reveal all that needs to be understood about a research problem. Therefore, just as you have to clearly state the limitations of a general research study , you must describe the specific limitations inherent in the subject of analysis. For example, the case of studying how women conceptualize the need for water conservation in a village in Uganda could have limited application in other cultural contexts or in areas where fresh water from rivers or lakes is plentiful and, therefore, conservation is understood differently than preserving access to a scarce resource.

Failure to Extrapolate All Possible Implications Just as you don't want to over-generalize from your case study findings, you also have to be thorough in the consideration of all possible outcomes or recommendations derived from your findings. If you do not, your reader may question the validity of your analysis, particularly if you failed to document an obvious outcome from your case study research. For example, in the case of studying the accident at the railroad crossing to evaluate where and what types of warning signals should be located, you failed to take into consideration speed limit signage as well as warning signals. When designing your case study, be sure you have thoroughly addressed all aspects of the problem and do not leave gaps in your analysis.

Case Studies . Writing@CSU. Colorado State University; Gerring, John. Case Study Research: Principles and Practices . New York: Cambridge University Press, 2007; Merriam, Sharan B. Qualitative Research and Case Study Applications in Education . Rev. ed. San Francisco, CA: Jossey-Bass, 1998; Miller, Lisa L. “The Use of Case Studies in Law and Social Science Research.” Annual Review of Law and Social Science 14 (2018): TBD; Mills, Albert J., Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Putney, LeAnn Grogan. "Case Study." In Encyclopedia of Research Design , Neil J. Salkind, editor. (Thousand Oaks, CA: SAGE Publications, 2010), pp. 116-120; Simons, Helen. Case Study Research in Practice . London: SAGE Publications, 2009; Kratochwill, Thomas R. and Joel R. Levin, editors. Single-Case Research Design and Analysis: New Development for Psychology and Education . Hilldsale, NJ: Lawrence Erlbaum Associates, 1992; Swanborn, Peter G. Case Study Research: What, Why and How? London : SAGE, 2010; Yin, Robert K. Case Study Research: Design and Methods . 6th edition. Los Angeles, CA, SAGE Publications, 2014; Walo, Maree, Adrian Bull, and Helen Breen. “Achieving Economic Benefits at Local Events: A Case Study of a Local Sports Event.” Festival Management and Event Tourism 4 (1996): 95-106.

Writing Tip

At Least Five Misconceptions about Case Study Research

Social science case studies are often perceived as limited in their ability to create new knowledge because they are not randomly selected and findings cannot be generalized to larger populations. Flyvbjerg examines five misunderstandings about case study research and systematically "corrects" each one. To quote, these are:

Misunderstanding 1 : General, theoretical [context-independent knowledge is more valuable than concrete, practical (context-dependent) knowledge. Misunderstanding 2 : One cannot generalize on the basis of an individual case; therefore, the case study cannot contribute to scientific development. Misunderstanding 3 : The case study is most useful for generating hypotheses; that is, in the first stage of a total research process, whereas other methods are more suitable for hypotheses testing and theory building. Misunderstanding 4 : The case study contains a bias toward verification, that is, a tendency to confirm the researcher’s preconceived notions. Misunderstanding 5 : It is often difficult to summarize and develop general propositions and theories on the basis of specific case studies [p. 221].

While writing your paper, think introspectively about how you addressed these misconceptions because to do so can help you strengthen the validity and reliability of your research by clarifying issues of case selection, the testing and challenging of existing assumptions, the interpretation of key findings, and the summation of case outcomes. Think of a case study research paper as a complete, in-depth narrative about the specific properties and key characteristics of your subject of analysis applied to the research problem.

Flyvbjerg, Bent. “Five Misunderstandings About Case-Study Research.” Qualitative Inquiry 12 (April 2006): 219-245.

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Social Work Law

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Applying the Law in Practice

AUTHOR : By Michelle Evans and Denise Harvey

ISBN : 9781914171802

Edition No : 1

Publication : May 23, 2022

Extent : 206 pgs

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Description

This contemporary and creative textbook takes the fear out of learning law, and enables students to apply it to their social work practice with confidence.

Social Work Law is an exciting textbook that supports students who are often intimidated by law as a subject. It helps them remember all the relevant Acts and legislation, and illustrates how the law can be applied in practice. Learning features such as mindmaps, end of chapter tests, and personal reflection boxes provide powerful tools for understanding and recall. It also explores key study skills to help students with essay preparation and taking a social work law exam.

Mapped to modules and based on teaching needs, it supports lectures too with up to date content and worked examples to follow throughout.

Accessible and engaging, this introduction guides readers through the modern professional and legal context of Social Work, equipping them with the tools they need to be able to think critically and adapt to whatever situation they may encounter in their practice.

Whether a qualifying student on an undergraduate degree course, an Social Work degree apprentice, or a newly qualified social worker, this is the go-to textbook for being able to understand , think critically, and apply law to your social work practice.

Chapter 1: Introduction to using this book

Chapter 2: Introduction to the English legal system and social work

Part One; Law relating to children

Chapter 3: Child legislation part one – Child in need or risk of significant harm?

Chapter 4: Child legislation part two - When children become looked after

Chapter 5 Child legislation part three – Children in the criminal justice system

Part Two: Law affecting children and adults

Chapter 6: Chapter 7: Children and adults - Mental Capacity Act 2005

Chapter 7: Deprivation of liberty safeguards (DoLS) and Liberty Protection Safeguards (LPS) - Mental Capacity (Amendment) Act 2019

Chapter 8: Children and adults - Mental Health Act 1983/2007

Chapter 9: Children and adults – Legislation pertaining to disability/impairment seen and unseen

Part Three: Law specific to adults

Chapter 10: Adult care: Care Act 2014

Part Four: Practice related study skills

Chapter 11: Study skills: Applying the law to your social work practice

Chapter 12: Conclusion

Dr Michelle Evans is a published author, filmmaker, placement link lecturer, senior fellow of the Higher Education Academy and senior lecturer at London South Bank University (LSBU) where she is module lead teaching law for social workers at masters’ level. Michelle takes great pride in finding innovative and interesting ways to engage and teach students to enable them to not only reach their full potential in terms of assignment grades but to take academic learning and apply it in social work practice, increasing the students' personal professional expertise.

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"Learning about the law in Social Work can be daunting for students. Having resources to support learners to manage their anxieties and to facilitate their learning is essential. Dr Evans and Ms Harvey have developed a unique resource that seeks to make learning about the law in social work more accessible."

"This highly readable book is a great guide for students seeking to understand the range of relevant legislation. The use of case studies really brings the law to life, making it easier to understand and remember. The materials are attractive and colour coded, which enables students to link the law more clearly. The study skills chapter, designed to help students with law essays and law exams, is particularly innovative and helpful. An authoritative but accessible guide that should be required reading."

“This book contains all that Social Work students will need to gain a clear understanding of relevant law current to practice. Students are often riddled with anxiety when their law exam is looming. This textbook offers a differential learning approach suitable for learners of all styles and needs. I have been educating and training students and qualified staff for 26 years and consider this publication’s content with its various activities and information highly relevant to students to embed law confidently and appropriately in their placements and future practice… This is a great resource and well worth the investment.”

Social Work Law Case Study 4300 words

LAW ASSIGNMENT CASE STUDY

Introduction

Social work came into being with the introduction of the Local Authority Social Services Act (LASSA) 1970. The Act defines the responsibilities of social workers and how these responsibilities are being applied. This assignment will explore key legislation affecting the roles and responsibilities of Local Government towards people in need of social care provisions. For the purpose of this case study, I will define “Duty” and “Power” in relation to social services legal responsibilities to service users. If a duty is imposed by law, the local authority is legally compelled to carry out a particular function. When referring to a “power” the Local Authority has an element of choice. This means the authority may act in a certain way and is not under a legal obligation to provide a service or assistant (Brammer, 2007). The combination of duties and powers facilitates decision making for Local Authorities (Clements, 2004). While the law outlines various duties and powers these are counterbalanced by issues relating to values and ethics as in the Human Rights Act 1998 (HRA 1998), which aims to ensure that all aspects of our law are compatible with human rights.

You are the duty social worker at the CMHT what are your powers and duties to intervene?

The duty social worker has a duty to warn others of the risk and also warn the patient of the risk to their behaviour (Hardcastle and Powers, 2004). As a duty social worker within the Community Mental Health Team (CMHT), I would, in the case of Sharon need to apply for deprivation of liberty for hospital treatment, based on the fact that Sharon has schizophrenia which is a recognised mental health disorder under the mental health Codes of Practice 1983 (MHCOP 1983). Under section 117 of the Mental Health Act (MHA) 1983, local authorities have a duty to provide after care services for any person with a mental disorder. This will include people admitted to hospital for treatment (section 3). An individual duty is placed on both local and health authorities to provide the after care services for anyone to whom certain sections of the law applies until both authorities feel the person is no longer in need of the service (Mandelstam, 2000). In this particular case the duty social worker will have the power to call for a supervision order since Sharon suffers from mental illness and has relapsed, and that there is a substantial risk of serious harm to her health and safety or of her being seriously exploited if she was not to receive the after care service to be provided under MHA 1983, s117. Also the supervision order will ensure that Sharon receives the after care service. The application for a supervision order should then be made to the health authority (MHA 1983s25a).

Application for guardianship is made by the local authority’s Approved Mental Health Practitioner (AMHP), with the agreement of the nearest relative requiring written recommendations of two medical practitioners. An application for guardianship comes with a comprehensive care plan under the Care Programme Approach (CPA). The AMHP ensures that a multidisciplinary approach is maintained in developing the care plan (Brammer, 2007)

There are issues with the duty social worker’s powers and duties to intervene which may cause an ethical dilemma for social work practice. The key issue is between preserving the patient’s autonomy as enshrined in the 1998 Human Rights Act and protecting the patient and others. It is therefore important to determine the patient’s capacity. Therefore it is useful to promote non consensual intervention when necessary in order to ensure the appropriate balance of rights, obligations and interests (Potter, 2007).

It is important that a formal process is followed and there are legal backings for the deprivation as stated in the Bournewood judgement (DH, 2006). So the Deprivation of liberty safeguards will apply to those under the 2007 MHA, people in hospitals registered under part 2 of the Care Standards Act 2000, and will apply to people who lack the capacity to give informed consent to the arrangements made for their care, and need to be cared for in circumstances which amounts to a deprivation of liberty in order to protect them from harm.

Under the safeguards there are a number of assessments that can be followed. A mental health assessment could be done under s12 of the MHA 1983. A mental capacity assessment will establish that the person lacks capacity in relation to the question whether Sharon should be a resident in the hospital, and a best interest assessment, which ascertains whether the detention is in the best interest of the person being detained.

The AMHP interviews Sharon before making the decision that sectioning her is the most appropriate way to provide care and medical treatment (Brayne and Carr, 2008). Then the AMHP will liaise with Sharon’ nearest relative as advised by s13 (2) of the MHA 1983. Since Dorothy is Sharon’ nearest relative, It is important to consult with the right relative otherwise this will make the detention unlawful. The AMHP then explains the decision to detain Sharon to all relevant parties such as the doctors, Dorothy and GP. As contained in DH (2008) the AMHP also has the power to inform the police or other relevant parties to transport Sharon to the hospital (s6 MHA1983 and MHCOP 11.8).

Peay (2003) states that while the MHA1983 and MHCOP provides a clear definition of the duties and powers of the AMHP there can be an ethical issue where this conflicts with both personal and professional values.

You are the duty social worker who spoke to the AMHP. What are the local authority’s legal obligations to Natalie and Sam? What actions do you take? And what are the legal grounds for those actions?

As Natalie and Sam are now alone in the house, the AMHP has a duty to inform the Children’s Team of the children’s current circumstance. Part 3 of the Children’s Act (CA) 1989 defines Children in Need as “unlikely to achieve, maintain or have the opportunity of achieving, maintaining a reasonable standard of health or development without the provision of services by a local authority. Or the health and development of the children in need is likely to be significantly impaired or further impaired without the provision of such service” (CA1989, S17). Local authorities have the duty to safeguard or promote the welfare of the children within their area who are in need by providing a range of appropriate services and accommodation (CA1989, S20).

Brammer (2007) states that Local authorities have a duty of consultation before making decisions around looked after children. Therefore, they must find out the wishes of the children concerned, and the parents. The local authority should also consult with others (including family members who may be seen as relevant to the matter in hand (CA 1989 s22 [4]). However, in this case Sharon will not be in the position to be consulted just yet, therefore under the Mental Capacity Act (MCA) 2005 she may not have the capacity, but may likely gain capacity again in future therefore she will still maintain responsibility. There is a duty to maintain the child and provide contact with parents, family members and friends. This is not an absolute duty and will depend on the practicalities of individual cases, and where people may be contactable (Ball and Macdonald, 2002). If it is not practicable to place the children with family members or friends (or none of them are contactable) the social worker can place Natalie and Sam in a residential home (Ball and Macdonald, 2002). But they should place them as near to their parent’ home possible.

You are the allocated social worker for Natalie and Sam. How do you now proceed? And what are your powers and duties?

There are a number of issues the social worker will now have to consider. Firstly, the children will now be separated as their African aunt, Rose, is only able to care for Natalie on a short term basis, as a kinship carer. Sam would then become a looked-after child. Sam will remain under the supervision order, and Sharon can be relinquished of her duties whereby the local authority can now consider adoption (Ball and Macdonald, 2002). The process of review will need to take place at the point which Sharon continues to remain in hospital and says she can no longer care for the children. However, it should also be ascertained whether Sharon had the capacity to make the decision at the time she relinquished responsibilities of the children.

Fostering should now be the step forward. This may be short or long term, it may need to be provided in an emergency, as part of a planned provision of respite care by the local authority or private carer. Foster carers do not acquire parental responsibilities by virtue of the fostering arrangement. This is governed by the Fostering services Regulation (FSR2002, s11) which provides for the approval process of foster carers and written placement agreements. The regulation states that due consideration is given to the child’s wishes and feelings, and dependant on their age and understanding, and considering religious, cultural, racial and linguistic persuasions. The clash here is between Natalie being raised by white parentage and Rose coming from an African background, and the need to promote upbringing of children by their families. These issues will be unravelled by referring to the fostering service to carry out an assessment of any person considered to be suitable to become a foster parent. Since the foster carer is a kinsperson, the rules to kinship caring apply. This arrangement is where a child who cannot be looked after by their parents goes to live with a parent or a family friend (The Children’s Legal Centre, 2008). Rose can care for Natalie under the fostering arrangements for kinship care. Davis (2009) states that where a local authority is satisfied that the immediate placement of a child is necessary they may place a child with a foster carer which is not approved for a six week period. FSR, 2002 section 38 explains the conditions under which this can be met, and the carer can be a relative or friend.

What are the local authority’s responsibilities towards Sam as a looked After Child and Natalie who is placed with a kinship carer?

In terms of the local authority’s responsibilities, Sam and Natalie will both still be classified as Looked after Children therefore will fall under the same procedures, even though Natalie is under kinship care. The local authority would have obtained an Interim Care Order (ICO) enabling it to have parental responsibility. The care order is made if the court believes the child may suffer if the child is not under any parental control (Section 33 CA 1989). The court makes it a duty for the local authority to receive a child into their care once they receive a care order. But the local authority will also have the power to determine to what extent a parent or guardian of the child may meet his parental responsibility, particularly if they wish to safeguard the child or promote his welfare. (OPSI, 2008)

CA 1989 Section 38 stipulates the duties the local authority will have towards children and young people it looks after. This will include providing suitable accommodation near Sam’s parent’ home as contained in CA 1989 Section 34. If the authority is unable to find a close enough accommodation to Sharon’s house then the authority should make the money available to facilitate such contact (Ryden, 2005). The next responsibility would be to facilitate safe contact by family members and other relevant people. The local authority has a duty to provide Sam with a care plan which must be reviewed every 6 months after the initial review period of 1 month and 3 months.

The local authority should also consider Sam’s religious, cultural and linguistic background when placing him, though this may not necessarily be a duty for the local authority but will be seen as good practice (CA) 1989 Section 22 (5) (c).

In terms of health it is a duty for the local authority to provide regular medical examinations, as in Promoting the health of looked after children (DH, 2002a).

The local authority has a duty to support the educational achievements of Looked After Children as stipulated in the Local Authority Social Services Act (LASSA)1970 Section 7, and in Care Matters (DfES, 2007) and also in s52 CA 2004. The duty of a local authority under sub section (3) (a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement. (Crown Copyright, 2004) Social workers work in partnership with the local authority in consulting with the Local Education Authority (LEA) to ensure that the right educational provisions are in place. The authority will then need to place Sam in a school within 14 days of obtaining an accommodation (Brammer, 2007).

Despite the duties the Local Authority must follow, Sam and Natalie’s wishes must be taken into account throughout, apart from consent to accommodation (Davis, 2009).

What actions do you and the local authority take and on what legal grounds?

The CA 1989 section 47 places an immediate duty on the local authority to investigate a child’s circumstances when there is information that gives reasonable cause to suspect that a child who lives or is found in their area is suffering or is likely to suffer significant harm. Since the allegation involves a foster carer, the procedure for investigation is outlined in the Carers and Disabled Children’s Act (CDCA) 2000 and the London Child Protection Procedures (LSCB, 2007) which calls for a strategy meeting to be held within three working days involving relevant professionals (including an OFSTED representative, as it involves a child) who are expected to determine a course of action. The police should be involved because there may be a criminal act to investigate. Sam must have a medical examination within 24 hours of the bruises being identified by his aunt. The Commission for Social Care Inspectorate (CSCI) are to be notified of the incident against Sam since they regulate and inspect registered carers.

The major purpose of the investigation will now be to protect Sam as best as possible. Therefore a decision will be made as to whether to place Sam on the Child Protection Register. However, the preferred option might be to suspend the services of the perpetrator and any other children under his care.

Sam will need to be interviewed by an independent social worker trained in attaining best evidence, which promotes impartiality throughout the investigation (Brayne and Carr, 2008). If the allegation is substantiated the perpetrator may be asked to leave the home under the Domestic Violence Act (2004). A fostering panel will take place to review the situation. Every Child Matters clearly states that the police should be informed before telling the person who is subject to the allegation because a criminal investigation might take place (DfES, 2006).

As their supervising social worker you need to advise them. What would you discuss with them in relations to the legal options?

Under the Care Standards Act 2000 adoption agencies are regulated by the Commission for Social Care Inquiry (CSCI). The social worker will follow the Local Authority Adoption Service (England) Regulations (2003) which provide a children’s guide to adoption services for children and prospective adopters. The social worker in an adoption case is likely to work with the children’s intended adopters, family members and other relevant parties (Brammer, 2007). The Adoption and Children’s Act (ACA) 2002 introduces provisions which obliges the court to consider arrangement for contact. Adoption and placement orders can only be made by the court. LASSA 1970 s7 provides National Adoptions Standards that must be met by the Local Authority. A few of these include, the child’ need for a permanent home to be discussed at the review meeting, a suitable adoption match. Statutory guidance to ACA 2002 is also contained in DfES (2005).

Before making a placement order the court must consider arrangements or proposals for contact, then invite the parties to comment under s26 ACA 2002. At the Adoption application stage, s46 (6) requires that before making an adoption order the court must consider arrangements made by the long term carers. If the court considers that an order for contact should be made this will be covered under s8. It is no longer possible to attach contact conditions to an adoption order. Contact will also be considered as part of subsection f in the welfare checklist (ACA2002, s1 (4)) as a necessary relationship which Natalie and Sam will have for their relatives. Once the adoption order has gone through, the biological parents are no longer parents under the CA 1989.

The court must not make any order under the Act unless it considers that making it will be better for the child than not doing so (ACA 2002, s 1(6). The court is obliged to consider whether other orders such as supervision and special guardianship might be more appropriate than adoption. The court has to consider the HRA 1998 due to the obvious interference with family life that an adoption order will effect as in the case of RE M(A Minor) (Adoption or residence order) [1998] FLR 520.

There are conditions in place for making an adoption order. Parents or guardians should consent to the adoption (ACA 2002, s20). If parents do not consent a placement order can be obtained (ACA 2002 s21). When the child has lived with the prospective adopters for up to 10 weeks, the adopters may apply for an adoption order. The adopted person will be treated by law the same way as if the adopters had given birth to them, and any other holder of parental responsibility is removed (ACA 2002 s67). The Adoption agencies Regulations 2005 require the local government to establish an adoption panel. DH (2002, p36) states that:

“The role of the adoption panel is to provide an independent perspective, informed by a broad range of expertise to monitor and quality assure social work recommendations on adoption cases”.

The panel must decide whether adoption is in the best interest of the child, the suitability of prospective adoptive parents and matching the child to the adoptive parents.

What are the CMHT’s responsibilities towards Sharon?

Brammer (2007) states that a patient can be discharged from hospital as soon as he or she is found not to be suffering from a mental disorder. It is then the duty of the CMHT to provide after care services until Dorothy is no longer in need of these services (MHA1983, s117). The decision will be made jointly by the health team and the CMHT. However, Dorothy is under no obligation to accept after care and has a legal right to refuse, although in reality if the patient is receiving medication and no longer takes them or plans not to take them they can be detained further. The CMHT must also complete a multidisciplinary care plan for after care. This must also include a risk assessment for discharge (DH, 1995).

Sharon can receive supervised discharge under the Mental Health (Patients in the Community) Act (1995). This will ensure that she receives after care services which the CMHT must support the application. The CMHT will have to devise a care plan once Sharon is out of the hospital. However, the CMHT must also consider Sharon’s wishes as well as her needs and that of relevant others in Sharon’s life such as family members (Clements, 2004). The Care Plan will follow the model of the Care Programme Approach (CPA). DH (1995) also stipulates that CPA should be applied to patients who are accepted by specialist psychiatric services. The National Service Framework (NSF) for Mental Health (DH, 1999) sets standards as to what the CPA must adhere. Standard 4 states that Sharon must receive care which increases engagement and reduces risks. The CPA must give Sharon a copy of her care plan which is regularly reviewed. Services must be accessed all the time.

The local authority will assess, plan, review and coordinate the range of treatment, care and support needs for Sharon under the CPA, while the service user will be involved throughout the process. FACS may apply with regards tackling inequalities to ensure that those who meet the eligibility criteria will receive the service, based on assessment of individual needs. The local government will then be able to fund those who are mostly in need. However, the CPA is not a measure of eligibility. If support under the CPA arrangement is needed this will depend on a number of factors including risk of suicide, self harm, relapse, abuse and exploitation (DH, 2008a)

What are the local authority’s powers and duties towards Dorothy and Sharon?

The Local Authority has the power to make arrangements to promote the welfare of older people (under the Health Services and Public Health Act 1995) though they will not have the power to make the person take up the service. Under the National Health Service and Community Care Act 1990 section 47 the Local Authority has a duty to undertake an assessment of the needs of an individual for community care services. Dorothy can be assessed under the Fair Access to Care Services (FACS) 2002 which has four eligibility bands to help the local authority ration resources (Brayne and Carr, 2008).

The local authority has a duty to inform Sharon and Dorothy of any other services that they or any other organisation provides for people with disabilities as contained in the Disabled (Services, Consultation and Representation) Person’ Act 1986 section 1. Dorothy can also receive the relevant service for her health and social care needs, as contained in the National Framework for Older people (DH, 2001) . The Local Authority however, does not have the power to impose any service against Dorothy’s wishes, and respect her rights to take risks. The important issue in this case is to realise the capacity a person has, and balance this with the duty of the local authority to minimise risks. This will make it easier for social workers to deal with ethical dilemmas of this nature.

The local authority has a duty to offer Dorothy and Sharon direct payments for her to purchase services of her own choice and to choose her own support staff where necessary. This is covered in the Community Care, Services for Carers and Children’s Services (Direct Payments) Regulations 2003 section 1 and the Community Care (Direct Payments) Act 1996.

DH (2001) guidelines also expects the Local Authority to set up a Single Assessment Process which aims to speed up response time for older people who require service and reduce duplication in assessments. However, a critic of this process is that in order to improve practice and responses, more time was actually being spent by professionals.

Why might they have been refused bail? What are the legal responsibilities of the Youth Justice team in relations to Natalie and what options are available to the court?

If a juvenile is charged with an offence, the custody officer will have to consider bail. If bail is refused the child must be remanded to appear before the youth court at the earliest opportunity. Until then the child must be accommodated by the local authority (PACE 1994, s38 (6). If the child is over the age of 12 as in Natalie’s case then this will be a secure accommodation. The police can therefore refuse bail if they believe it is in the best interest of the child to do so. Other grounds for refusing bail as stated in PACE s 38, will not apply in Natalie’s case. Brayne and Carr (2008) believes that the best interest judgement may apply where Natalie will be transferred to a local authority accommodation pending trial, which may offer more prevention from Natalie committing another offence while awaiting trial. This implies that Natalie will no longer stay with her Aunt Rose.

Natalie will then receive services from the Youth Offending team (YOT) which are required by the Crime and Disorder Act (CDA) 1998. Every child matters also set out key outcomes for children with respect to early intervention and prevention (Home Office, 2003). The Children Act 2004 then provided structural changes for the delivery of children services requesting for the police authorities, probation boards and the YOT to cooperate in improving children’s well being (DfES, 2004).

The YOT must follow the Youth Justice plan (CDA1998, S40) in order to meet national objectives. Responsibilities of YOT include making assessments of children and young persons for rehabilitation programmes to prevent reoffending, where the young person receives a reprimand or final warning; provide support for children and young persons remanded or committed on bail.

The cases outlined above included relevant areas of four care provisions where the Local Authority has powers and duties to act. These are mental health services, children and adoption services, the Youth justice system and older people’s services. These cases have shown that the law plays an important part in social work practice. While the law defines many areas of duties demonstrated in the cases which govern practice, there are also areas where social workers make decisions without being subject to the law. The assignment tackled ethical issues where this conflicts with both personal and professional values. The key issue is between preserving the patient’s autonomy as enshrined in the 1998 Human Rights Act, and protecting the patient and others. It is also useful to promote non consensual intervention when necessary in order to ensure the appropriate balance of rights, obligations and interests. The Local Authority, however, does not have the power to impose any service against people’s wishes, and must respect people’s rights to take risks. The important issue in this case is to realise the capacity a person has, and balance this with the duty of the local authority to minimise risks. This will make it easier for social workers to deal with ethical dilemmas of this nature.

Ball, C and Macdonald, A (2002) Law for Social Workers (4 th ed), Aldershot, Ashgate Publishing

Brammer, A. (2007) Social Work Law , 2nd edition, Harlow, Pearson Longman

Brayne, H and Carr, H (2008) Law for Social Workers (10 th ed) Oxford, Oxford University Press

Clements, J (2004) Community Care and the Law , London, LAG Education and Services Trust

Davis, L (2009) The Social Workers Guide to Children and Families Law , London, Jessica kingsley

DfES (2007) Care Matters: Time for Change, London, The Stationary Office

DfES (2006) Every Child Matters: Working Together to safeguard Children: a guide to inter agency working to safeguard and promote the welfare of children , London, The Stationary Office

DfES (2004) Every Child Matters: Change for Children in the Criminal Justice System , London, The Stationary Office

DH (2008) Code of Practice, Mental Health 1983 , London, The Stationary Office

DH (2008a) Refocusing the Care Programme Approach: Policy and Positive Practice Guidance , Crown Copyright

DH (2006) Bournewood Briefing Sheet , London, The Stationary Office

DH (2002) A Fundamental Review of the Operations of Adoption Panels , London, The Stationary Office.

DH (2002a) Promoting the Health of Looked After children, London, The Stationary Office.

DH (2001) National Service Framework for Older People and System Reform, London, Crown Copyright

DH (1999) National Service Framework for Mental Health: Modern Standards and Service Models , London, Crown Copyright

DH (1995) Building bridges: A guide to arrangements for interagency working for the care and protection of severely mentally ill people , London, Stationary Office.

Hardcastle, D, Powers, P and Wenocur, S (2004) Community Practice: Theories and Skills for Social Workers, Oxford, Oxford University Press

Home Office (2003) Youth Justice – The next Step: Companion document to Every Child Matters , London, Crown Copyright

Home Office (1998) Establishing Youth Offending Teams , London, and Crown Copyright

London Safeguarding Children Board (2007) London Child Protection Procedures , 3 rd edition, London, LSCB

Mandelstam, M. (2000) An A-Z of Community Care Law, London, Jessica Kingsley Publishers

Potter, M (2007) Mental Health Capacity and Non Consensual Intervention: A Human Rights Perspective, Northern Ireland Human Rights Commission Review, Issue 5, summer 2007,

Peay, J (2003) Decisions and Dilemmas: Working with Mental Health Law , Oregan, Hart Publishing

Ryden, N (2005) Family Support in Children and Families . In Jowit, M and O’Loughlin, S (ed) 2005, Social Work with Children and Families , Exeter, Learning Matters Limited.

Office of Public Sector Information (OPSI, 2008) Care order:

www.opsi.gov.uk/acts/acts1989/ukpga last accessed 05/11/2008

The Children’s Legal Centre (2008) Kinship Care:

http://www.childrenslegalcentre.com/Resources/CLC/Documents/PDF%20A-MKinship%20care%20leaflet.pdf accessed 02/04/09

Adoption and children’s Act 2002

Adoption agencies Regulations 2005

Carers and Disabled Children’s Act 2000

Children’s Act 1989

Children’s Act 2004

Community Care (Direct Payments) Act 1996.

Crime and Disorder Act 1998

Fostering Service Regulations 2002

Health Services and Public Health Act 1995

Human Rights Act 1998

Local Authority Social Services Act 1970

Mental Health Act 1983

Mental Capacity Act 2005

Mental Health (Patients in the Community) Act (1995)

National Health Service and Community Care Act 1990

Re M (A Minor) (Adoption or residence order) [1998] FLR 520.

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Supporting the use of case law in social care practice

Published: 11/01/2023

Author: Research in Practice

News & views

New Research in Practice resources aim to support the use of case law in social care practice.

Effective practice includes knowledge of the law but it is often complex. A new podcast explores the role of case law in social care and contains examples of its impact. It provides top tips for interpretation whilst considering the evidence and information.

Regular Case Law and Legal Summaries (CLLS) also highlight implications of selected cases. CLLS support practice, decision making and Continuing Professional Development (CPD).

These resources support work with children and families, young people and adults.

Using case law in social care practice

In this podcast, Research and Development Officers Claire Williams and Luciann Blake talk to Laura Pritchard-Jones and Tony Anyaegbu about interpreting and applying case law in practice. The podcast explores how effective practice should be underpinned by good and up-to-date knowledge of relevant case law.

Listen to the podcast.

Supporting your CPD with Case Law and Legal Summaries

Reading and interpreting case law is an important part of social work practice. Case Law and Legal Summaries can be used to support practice, decision making and your CPD.

Read the blog .

Children & families

Knowledge of legal frameworks and the Children Act 1989 is essential. In 2022, Research in Practice summarised key children’s and family cases. These included:

The adoption process.
Different legal routes to permanency for children.
Decisions about family time (contact) in private and public law proceedings.
Multiagency working (including with health services and prison/probation services).

After breaches of the Adoption Agencies Regulations (2005) were discovered in Somerset County Council's adoption procedures, local authorities have had to examine their own policies. New videos present key impacts of the case.

Case Law and Legal Summaries 2022 overview

This overview provides links to summaries of key judgments from 2022 with more details of the case and of their impact on social work practice.

Read the overview .

Case Law and Legal Summaries

Our Case Law and Legal Summaries provide a monthly overview and analysis of selected cases, highlighting implications for children and young people's social care practice.

View the summaries .

Somerset: The impact

View the video .

Legal literacy connects legal rules with professional priorities and ethical practice. In 2022, Research in Practice summarised key adults cases. These included:

Best interest decisions (including about the COVID-19 vaccine).
Deprivation of liberty, and assessing mental capacity.
Disagreements between local authorities and family members when adults do not have capacity to make a decision.

New videos introduce the concept of legal literacy and its application to adult social care practice.

There is also a legal glossary , a catalogue of legal literacy resources and the Legal Literacy: Change Project resources which are designed to support direct practice, supervision and organisational systems.

View the overview .

Our Case Law and Legal Summaries provide a monthly overview and analysis of selected cases, highlighting implications for adults and families social care practice.

View the summaries .

The importance of legal literacy in adult social care: the origins and concept of legal literacy

Legal literacy involves connecting relevant legal rules with professional priorities and the objectives of ethical practice. In this short video, Professor Suzy Braye introduces the origins, concept and importance of legal literacy, and its application to adult social care practice.

View the video resource .

The importance of legal literacy in adult social care: a legally literate decision-making model

Legal literacy involves connecting relevant legal rules with professional priorities and the objectives of ethical practice. In this short video, Professor Michael Preston-Shoot explores defensible decision-making and offers a legally literate decision-making model for adult social care practice.

The importance of legal literacy in adult social care

In this blog, Professors Suzy Braye and Michael Preston-Shoot discuss the importance of legal literacy in enabling adult social care practitioners to understand and respond to complex situations.

Research in Practice

Organizing Your Social Sciences Research Assignments

Annotated Bibliography
Analyzing a Scholarly Journal Article
Group Presentations
Dealing with Nervousness
Using Visual Aids
Grading Someone Else's Paper
Types of Structured Group Activities
Group Project Survival Skills
Leading a Class Discussion
Multiple Book Review Essay
Reviewing Collected Works
Writing a Case Analysis Paper
Writing a Case Study
About Informed Consent
Writing Field Notes
Writing a Policy Memo
Writing a Reflective Paper
Writing a Research Proposal
Generative AI and Writing
Acknowledgments

Definition and Introduction

Case analysis is a problem-based teaching and learning method that involves critically analyzing complex scenarios within an organizational setting for the purpose of placing the student in a “real world” situation and applying reflection and critical thinking skills to contemplate appropriate solutions, decisions, or recommended courses of action. It is considered a more effective teaching technique than in-class role playing or simulation activities. The analytical process is often guided by questions provided by the instructor that ask students to contemplate relationships between the facts and critical incidents described in the case.

Cases generally include both descriptive and statistical elements and rely on students applying abductive reasoning to develop and argue for preferred or best outcomes [i.e., case scenarios rarely have a single correct or perfect answer based on the evidence provided]. Rather than emphasizing theories or concepts, case analysis assignments emphasize building a bridge of relevancy between abstract thinking and practical application and, by so doing, teaches the value of both within a specific area of professional practice.

Given this, the purpose of a case analysis paper is to present a structured and logically organized format for analyzing the case situation. It can be assigned to students individually or as a small group assignment and it may include an in-class presentation component. Case analysis is predominately taught in economics and business-related courses, but it is also a method of teaching and learning found in other applied social sciences disciplines, such as, social work, public relations, education, journalism, and public administration.

Ellet, William. The Case Study Handbook: A Student's Guide . Revised Edition. Boston, MA: Harvard Business School Publishing, 2018; Christoph Rasche and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Analysis . Writing Center, Baruch College; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

How to Approach Writing a Case Analysis Paper

The organization and structure of a case analysis paper can vary depending on the organizational setting, the situation, and how your professor wants you to approach the assignment. Nevertheless, preparing to write a case analysis paper involves several important steps. As Hawes notes, a case analysis assignment “...is useful in developing the ability to get to the heart of a problem, analyze it thoroughly, and to indicate the appropriate solution as well as how it should be implemented” [p.48]. This statement encapsulates how you should approach preparing to write a case analysis paper.

Before you begin to write your paper, consider the following analytical procedures:

Review the case to get an overview of the situation . A case can be only a few pages in length, however, it is most often very lengthy and contains a significant amount of detailed background information and statistics, with multilayered descriptions of the scenario, the roles and behaviors of various stakeholder groups, and situational events. Therefore, a quick reading of the case will help you gain an overall sense of the situation and illuminate the types of issues and problems that you will need to address in your paper. If your professor has provided questions intended to help frame your analysis, use them to guide your initial reading of the case.
Read the case thoroughly . After gaining a general overview of the case, carefully read the content again with the purpose of understanding key circumstances, events, and behaviors among stakeholder groups. Look for information or data that appears contradictory, extraneous, or misleading. At this point, you should be taking notes as you read because this will help you develop a general outline of your paper. The aim is to obtain a complete understanding of the situation so that you can begin contemplating tentative answers to any questions your professor has provided or, if they have not provided, developing answers to your own questions about the case scenario and its connection to the course readings,lectures, and class discussions.
Determine key stakeholder groups, issues, and events and the relationships they all have to each other . As you analyze the content, pay particular attention to identifying individuals, groups, or organizations described in the case and identify evidence of any problems or issues of concern that impact the situation in a negative way. Other things to look for include identifying any assumptions being made by or about each stakeholder, potential biased explanations or actions, explicit demands or ultimatums , and the underlying concerns that motivate these behaviors among stakeholders. The goal at this stage is to develop a comprehensive understanding of the situational and behavioral dynamics of the case and the explicit and implicit consequences of each of these actions.
Identify the core problems . The next step in most case analysis assignments is to discern what the core [i.e., most damaging, detrimental, injurious] problems are within the organizational setting and to determine their implications. The purpose at this stage of preparing to write your analysis paper is to distinguish between the symptoms of core problems and the core problems themselves and to decide which of these must be addressed immediately and which problems do not appear critical but may escalate over time. Identify evidence from the case to support your decisions by determining what information or data is essential to addressing the core problems and what information is not relevant or is misleading.
Explore alternative solutions . As noted, case analysis scenarios rarely have only one correct answer. Therefore, it is important to keep in mind that the process of analyzing the case and diagnosing core problems, while based on evidence, is a subjective process open to various avenues of interpretation. This means that you must consider alternative solutions or courses of action by critically examining strengths and weaknesses, risk factors, and the differences between short and long-term solutions. For each possible solution or course of action, consider the consequences they may have related to their implementation and how these recommendations might lead to new problems. Also, consider thinking about your recommended solutions or courses of action in relation to issues of fairness, equity, and inclusion.
Decide on a final set of recommendations . The last stage in preparing to write a case analysis paper is to assert an opinion or viewpoint about the recommendations needed to help resolve the core problems as you see them and to make a persuasive argument for supporting this point of view. Prepare a clear rationale for your recommendations based on examining each element of your analysis. Anticipate possible obstacles that could derail their implementation. Consider any counter-arguments that could be made concerning the validity of your recommended actions. Finally, describe a set of criteria and measurable indicators that could be applied to evaluating the effectiveness of your implementation plan.

Use these steps as the framework for writing your paper. Remember that the more detailed you are in taking notes as you critically examine each element of the case, the more information you will have to draw from when you begin to write. This will save you time.

NOTE : If the process of preparing to write a case analysis paper is assigned as a student group project, consider having each member of the group analyze a specific element of the case, including drafting answers to the corresponding questions used by your professor to frame the analysis. This will help make the analytical process more efficient and ensure that the distribution of work is equitable. This can also facilitate who is responsible for drafting each part of the final case analysis paper and, if applicable, the in-class presentation.

Framework for Case Analysis . College of Management. University of Massachusetts; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Rasche, Christoph and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Study Analysis . University of Arizona Global Campus Writing Center; Van Ness, Raymond K. A Guide to Case Analysis . School of Business. State University of New York, Albany; Writing a Case Analysis . Business School, University of New South Wales.

Structure and Writing Style

A case analysis paper should be detailed, concise, persuasive, clearly written, and professional in tone and in the use of language . As with other forms of college-level academic writing, declarative statements that convey information, provide a fact, or offer an explanation or any recommended courses of action should be based on evidence. If allowed by your professor, any external sources used to support your analysis, such as course readings, should be properly cited under a list of references. The organization and structure of case analysis papers can vary depending on your professor’s preferred format, but its structure generally follows the steps used for analyzing the case.

Introduction

The introduction should provide a succinct but thorough descriptive overview of the main facts, issues, and core problems of the case . The introduction should also include a brief summary of the most relevant details about the situation and organizational setting. This includes defining the theoretical framework or conceptual model on which any questions were used to frame your analysis.

Following the rules of most college-level research papers, the introduction should then inform the reader how the paper will be organized. This includes describing the major sections of the paper and the order in which they will be presented. Unless you are told to do so by your professor, you do not need to preview your final recommendations in the introduction. U nlike most college-level research papers , the introduction does not include a statement about the significance of your findings because a case analysis assignment does not involve contributing new knowledge about a research problem.

Background Analysis

Background analysis can vary depending on any guiding questions provided by your professor and the underlying concept or theory that the case is based upon. In general, however, this section of your paper should focus on:

Providing an overarching analysis of problems identified from the case scenario, including identifying events that stakeholders find challenging or troublesome,
Identifying assumptions made by each stakeholder and any apparent biases they may exhibit,
Describing any demands or claims made by or forced upon key stakeholders, and
Highlighting any issues of concern or complaints expressed by stakeholders in response to those demands or claims.

These aspects of the case are often in the form of behavioral responses expressed by individuals or groups within the organizational setting. However, note that problems in a case situation can also be reflected in data [or the lack thereof] and in the decision-making, operational, cultural, or institutional structure of the organization. Additionally, demands or claims can be either internal and external to the organization [e.g., a case analysis involving a president considering arms sales to Saudi Arabia could include managing internal demands from White House advisors as well as demands from members of Congress].

Throughout this section, present all relevant evidence from the case that supports your analysis. Do not simply claim there is a problem, an assumption, a demand, or a concern; tell the reader what part of the case informed how you identified these background elements.

Identification of Problems

In most case analysis assignments, there are problems, and then there are problems . Each problem can reflect a multitude of underlying symptoms that are detrimental to the interests of the organization. The purpose of identifying problems is to teach students how to differentiate between problems that vary in severity, impact, and relative importance. Given this, problems can be described in three general forms: those that must be addressed immediately, those that should be addressed but the impact is not severe, and those that do not require immediate attention and can be set aside for the time being.

All of the problems you identify from the case should be identified in this section of your paper, with a description based on evidence explaining the problem variances. If the assignment asks you to conduct research to further support your assessment of the problems, include this in your explanation. Remember to cite those sources in a list of references. Use specific evidence from the case and apply appropriate concepts, theories, and models discussed in class or in relevant course readings to highlight and explain the key problems [or problem] that you believe must be solved immediately and describe the underlying symptoms and why they are so critical.

Alternative Solutions

This section is where you provide specific, realistic, and evidence-based solutions to the problems you have identified and make recommendations about how to alleviate the underlying symptomatic conditions impacting the organizational setting. For each solution, you must explain why it was chosen and provide clear evidence to support your reasoning. This can include, for example, course readings and class discussions as well as research resources, such as, books, journal articles, research reports, or government documents. In some cases, your professor may encourage you to include personal, anecdotal experiences as evidence to support why you chose a particular solution or set of solutions. Using anecdotal evidence helps promote reflective thinking about the process of determining what qualifies as a core problem and relevant solution .

Throughout this part of the paper, keep in mind the entire array of problems that must be addressed and describe in detail the solutions that might be implemented to resolve these problems.

Recommended Courses of Action

In some case analysis assignments, your professor may ask you to combine the alternative solutions section with your recommended courses of action. However, it is important to know the difference between the two. A solution refers to the answer to a problem. A course of action refers to a procedure or deliberate sequence of activities adopted to proactively confront a situation, often in the context of accomplishing a goal. In this context, proposed courses of action are based on your analysis of alternative solutions. Your description and justification for pursuing each course of action should represent the overall plan for implementing your recommendations.

For each course of action, you need to explain the rationale for your recommendation in a way that confronts challenges, explains risks, and anticipates any counter-arguments from stakeholders. Do this by considering the strengths and weaknesses of each course of action framed in relation to how the action is expected to resolve the core problems presented, the possible ways the action may affect remaining problems, and how the recommended action will be perceived by each stakeholder.

In addition, you should describe the criteria needed to measure how well the implementation of these actions is working and explain which individuals or groups are responsible for ensuring your recommendations are successful. In addition, always consider the law of unintended consequences. Outline difficulties that may arise in implementing each course of action and describe how implementing the proposed courses of action [either individually or collectively] may lead to new problems [both large and small].

Throughout this section, you must consider the costs and benefits of recommending your courses of action in relation to uncertainties or missing information and the negative consequences of success.

The conclusion should be brief and introspective. Unlike a research paper, the conclusion in a case analysis paper does not include a summary of key findings and their significance, a statement about how the study contributed to existing knowledge, or indicate opportunities for future research.

Begin by synthesizing the core problems presented in the case and the relevance of your recommended solutions. This can include an explanation of what you have learned about the case in the context of your answers to the questions provided by your professor. The conclusion is also where you link what you learned from analyzing the case with the course readings or class discussions. This can further demonstrate your understanding of the relationships between the practical case situation and the theoretical and abstract content of assigned readings and other course content.

Problems to Avoid

The literature on case analysis assignments often includes examples of difficulties students have with applying methods of critical analysis and effectively reporting the results of their assessment of the situation. A common reason cited by scholars is that the application of this type of teaching and learning method is limited to applied fields of social and behavioral sciences and, as a result, writing a case analysis paper can be unfamiliar to most students entering college.

After you have drafted your paper, proofread the narrative flow and revise any of these common errors:

Unnecessary detail in the background section . The background section should highlight the essential elements of the case based on your analysis. Focus on summarizing the facts and highlighting the key factors that become relevant in the other sections of the paper by eliminating any unnecessary information.
Analysis relies too much on opinion . Your analysis is interpretive, but the narrative must be connected clearly to evidence from the case and any models and theories discussed in class or in course readings. Any positions or arguments you make should be supported by evidence.
Analysis does not focus on the most important elements of the case . Your paper should provide a thorough overview of the case. However, the analysis should focus on providing evidence about what you identify are the key events, stakeholders, issues, and problems. Emphasize what you identify as the most critical aspects of the case to be developed throughout your analysis. Be thorough but succinct.
Writing is too descriptive . A paper with too much descriptive information detracts from your analysis of the complexities of the case situation. Questions about what happened, where, when, and by whom should only be included as essential information leading to your examination of questions related to why, how, and for what purpose.
Inadequate definition of a core problem and associated symptoms . A common error found in case analysis papers is recommending a solution or course of action without adequately defining or demonstrating that you understand the problem. Make sure you have clearly described the problem and its impact and scope within the organizational setting. Ensure that you have adequately described the root causes w hen describing the symptoms of the problem.
Recommendations lack specificity . Identify any use of vague statements and indeterminate terminology, such as, “A particular experience” or “a large increase to the budget.” These statements cannot be measured and, as a result, there is no way to evaluate their successful implementation. Provide specific data and use direct language in describing recommended actions.
Unrealistic, exaggerated, or unattainable recommendations . Review your recommendations to ensure that they are based on the situational facts of the case. Your recommended solutions and courses of action must be based on realistic assumptions and fit within the constraints of the situation. Also note that the case scenario has already happened, therefore, any speculation or arguments about what could have occurred if the circumstances were different should be revised or eliminated.

Bee, Lian Song et al. "Business Students' Perspectives on Case Method Coaching for Problem-Based Learning: Impacts on Student Engagement and Learning Performance in Higher Education." Education & Training 64 (2022): 416-432; The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Georgallis, Panikos and Kayleigh Bruijn. "Sustainability Teaching using Case-Based Debates." Journal of International Education in Business 15 (2022): 147-163; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Georgallis, Panikos, and Kayleigh Bruijn. "Sustainability Teaching Using Case-based Debates." Journal of International Education in Business 15 (2022): 147-163; .Dean, Kathy Lund and Charles J. Fornaciari. "How to Create and Use Experiential Case-Based Exercises in a Management Classroom." Journal of Management Education 26 (October 2002): 586-603; Klebba, Joanne M. and Janet G. Hamilton. "Structured Case Analysis: Developing Critical Thinking Skills in a Marketing Case Course." Journal of Marketing Education 29 (August 2007): 132-137, 139; Klein, Norman. "The Case Discussion Method Revisited: Some Questions about Student Skills." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 30-32; Mukherjee, Arup. "Effective Use of In-Class Mini Case Analysis for Discovery Learning in an Undergraduate MIS Course." The Journal of Computer Information Systems 40 (Spring 2000): 15-23; Pessoa, Silviaet al. "Scaffolding the Case Analysis in an Organizational Behavior Course: Making Analytical Language Explicit." Journal of Management Education 46 (2022): 226-251: Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Schweitzer, Karen. "How to Write and Format a Business Case Study." ThoughtCo. https://www.thoughtco.com/how-to-write-and-format-a-business-case-study-466324 (accessed December 5, 2022); Reddy, C. D. "Teaching Research Methodology: Everything's a Case." Electronic Journal of Business Research Methods 18 (December 2020): 178-188; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

Writing Tip

Ca se Study and Case Analysis Are Not the Same!

Confusion often exists between what it means to write a paper that uses a case study research design and writing a paper that analyzes a case; they are two different types of approaches to learning in the social and behavioral sciences. Professors as well as educational researchers contribute to this confusion because they often use the term "case study" when describing the subject of analysis for a case analysis paper. But you are not studying a case for the purpose of generating a comprehensive, multi-faceted understanding of a research problem. R ather, you are critically analyzing a specific scenario to argue logically for recommended solutions and courses of action that lead to optimal outcomes applicable to professional practice.

To avoid any confusion, here are twelve characteristics that delineate the differences between writing a paper using the case study research method and writing a case analysis paper:

Case study is a method of in-depth research and rigorous inquiry ; case analysis is a reliable method of teaching and learning . A case study is a modality of research that investigates a phenomenon for the purpose of creating new knowledge, solving a problem, or testing a hypothesis using empirical evidence derived from the case being studied. Often, the results are used to generalize about a larger population or within a wider context. The writing adheres to the traditional standards of a scholarly research study. A case analysis is a pedagogical tool used to teach students how to reflect and think critically about a practical, real-life problem in an organizational setting.
The researcher is responsible for identifying the case to study; a case analysis is assigned by your professor . As the researcher, you choose the case study to investigate in support of obtaining new knowledge and understanding about the research problem. The case in a case analysis assignment is almost always provided, and sometimes written, by your professor and either given to every student in class to analyze individually or to a small group of students, or students select a case to analyze from a predetermined list.
A case study is indeterminate and boundless; a case analysis is predetermined and confined . A case study can be almost anything [see item 9 below] as long as it relates directly to examining the research problem. This relationship is the only limit to what a researcher can choose as the subject of their case study. The content of a case analysis is determined by your professor and its parameters are well-defined and limited to elucidating insights of practical value applied to practice.
Case study is fact-based and describes actual events or situations; case analysis can be entirely fictional or adapted from an actual situation . The entire content of a case study must be grounded in reality to be a valid subject of investigation in an empirical research study. A case analysis only needs to set the stage for critically examining a situation in practice and, therefore, can be entirely fictional or adapted, all or in-part, from an actual situation.
Research using a case study method must adhere to principles of intellectual honesty and academic integrity; a case analysis scenario can include misleading or false information . A case study paper must report research objectively and factually to ensure that any findings are understood to be logically correct and trustworthy. A case analysis scenario may include misleading or false information intended to deliberately distract from the central issues of the case. The purpose is to teach students how to sort through conflicting or useless information in order to come up with the preferred solution. Any use of misleading or false information in academic research is considered unethical.
Case study is linked to a research problem; case analysis is linked to a practical situation or scenario . In the social sciences, the subject of an investigation is most often framed as a problem that must be researched in order to generate new knowledge leading to a solution. Case analysis narratives are grounded in real life scenarios for the purpose of examining the realities of decision-making behavior and processes within organizational settings. A case analysis assignments include a problem or set of problems to be analyzed. However, the goal is centered around the act of identifying and evaluating courses of action leading to best possible outcomes.
The purpose of a case study is to create new knowledge through research; the purpose of a case analysis is to teach new understanding . Case studies are a choice of methodological design intended to create new knowledge about resolving a research problem. A case analysis is a mode of teaching and learning intended to create new understanding and an awareness of uncertainty applied to practice through acts of critical thinking and reflection.
A case study seeks to identify the best possible solution to a research problem; case analysis can have an indeterminate set of solutions or outcomes . Your role in studying a case is to discover the most logical, evidence-based ways to address a research problem. A case analysis assignment rarely has a single correct answer because one of the goals is to force students to confront the real life dynamics of uncertainly, ambiguity, and missing or conflicting information within professional practice. Under these conditions, a perfect outcome or solution almost never exists.
Case study is unbounded and relies on gathering external information; case analysis is a self-contained subject of analysis . The scope of a case study chosen as a method of research is bounded. However, the researcher is free to gather whatever information and data is necessary to investigate its relevance to understanding the research problem. For a case analysis assignment, your professor will often ask you to examine solutions or recommended courses of action based solely on facts and information from the case.
Case study can be a person, place, object, issue, event, condition, or phenomenon; a case analysis is a carefully constructed synopsis of events, situations, and behaviors . The research problem dictates the type of case being studied and, therefore, the design can encompass almost anything tangible as long as it fulfills the objective of generating new knowledge and understanding. A case analysis is in the form of a narrative containing descriptions of facts, situations, processes, rules, and behaviors within a particular setting and under a specific set of circumstances.
Case study can represent an open-ended subject of inquiry; a case analysis is a narrative about something that has happened in the past . A case study is not restricted by time and can encompass an event or issue with no temporal limit or end. For example, the current war in Ukraine can be used as a case study of how medical personnel help civilians during a large military conflict, even though circumstances around this event are still evolving. A case analysis can be used to elicit critical thinking about current or future situations in practice, but the case itself is a narrative about something finite and that has taken place in the past.
Multiple case studies can be used in a research study; case analysis involves examining a single scenario . Case study research can use two or more cases to examine a problem, often for the purpose of conducting a comparative investigation intended to discover hidden relationships, document emerging trends, or determine variations among different examples. A case analysis assignment typically describes a stand-alone, self-contained situation and any comparisons among cases are conducted during in-class discussions and/or student presentations.

The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Yin, Robert K. Case Study Research and Applications: Design and Methods . 6th edition. Thousand Oaks, CA: Sage, 2017; Crowe, Sarah et al. “The Case Study Approach.” BMC Medical Research Methodology 11 (2011): doi: 10.1186/1471-2288-11-100; Yin, Robert K. Case Study Research: Design and Methods . 4th edition. Thousand Oaks, CA: Sage Publishing; 1994.

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Social Work and the Law by Allan E. Barsky LAST REVIEWED: 25 May 2011 LAST MODIFIED: 25 May 2011 DOI: 10.1093/obo/9780195389678-0024

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