Statutory guidance gives us ‘permission’ to practice

The Local Authority Social Services Act 1970 established social services authorities and in so doing bestowed the authority of statutory guidance. On the one hand, this was guidance rather than law. On the other hand, we had to follow it. One might ask, how can something be legally binding if it is guidance?

Fast forward to the 2018 Working Together statutory guidance, we read terms such as “must”, and “should”, indicating a directive nature, juxtaposed with the word “may”, suggesting a permissive dimension. The interplay of these terms underscores the nuanced nature of statutory guidance – ostensibly advisory yet endowed with legal authority. It is still guidance – because, unless exceptional circumstances arise, we might deviate slightly from it – however, it carries its own legal authority because, almost all the time, we “must” follow it.