Discuss about a Report on Law For Social Workers?
Our power to understand the affect of mental incapability on our bodies is important and is linked up with our well-being. The doctor patient relationship has moral binding and obligations. The concept of respect includes respect for both choices for the welfare of the patients and doctors. In addition, to be informed voluntarily, independent decisions is required for sufficient mental capacity. According to the English Law, all individuals are considered to have capacity to make decisions on their own. Before an adult can be examined as lacking capacity two things are to be established. First, that the adult who is suffering from such kind of impairment has caused the disturbance of the brain and second the factors that has caused such disturbance (Kadushin and Harkness 2014).
According to the Mental Capacity Act, 2005, a person is to be assumed to have capacity unless it is established that he or she lacks in mental capacity. A person cannot be treated as unable to make a decision only because he or she merely takes an unwise decision.
Joan lacking capacity could be provided treatment where it is necessary to make decision on his or her behalf. This is called the “best interests” decision. The person who has “lacking capacity” nominates a person to make decision on his or her behalf. The Court of Protection can also appoint a deputy to make decision on behalf of the person or any other rule applicable under the mental health legislation (Healy 2014).
While Joan was in step down unit, she was concerned to be parted from William. She agrees to go there only for a week. Apart from William, Joan was also concerned about her daughter Lynn and grandchildren Selin and Ahla and Bashir. In this case, William and Joan can both be admitted in the same hospital together.
According to the Pan London Agreement, a “borough” can be acquired in placing temporary accommodation for people who, due to temporary reasons are staying away from family. Boroughs are privately rented accommodation wherein homeless people can stay in case of family issues or emergencies. Local authorities can place the homeless households in private rented housing. This placement can be for a two-year period. The upcoming Localism Bill includes sections that would amend these arrangements for a period of two years, with a minimum initial tenancy of one year. (Blackwell 2012). The local authority can help William and Joan to stay in a temporary rented accommodation.
The Approved Mental Health Professional (AHMP) is an establishment of an individual under the Mental Health Act, 1983. The Act abolished the role of a social worker and created an AHMP. However, this role is similar to the role of the social worker but is different from community nurses and psychologists. AHMP’s are health professionals who are trained to execute the elements of the Mental Health Act, 1983. They are responsible for the organizations and co ordination of the mental health assessments. It is the duty of the AHMP to decide the detention of the person who has been assessed. For detention of an individual, the person should be suffering from mental disorder.
The AHMP should prepare “for the assessment of the person concerned by two medical surgeons who must be sovereign of each other and at least one of whom may be specialist in mental health.” It is the duty of the AHMP to make efforts to secure detention of an individual, who is in need of mental care. AHMP’s should take note of factors like gender, civilization, and ethnicity. Efforts should also be made about communication barriers such as deafness. However, it is not a good practice for the assessor to act as interpreters. In the case of William, the AHMP should also follow the duties in the same way (Dickens 2012). The AHMP should keep William in detention unless he is free from all the disorders. The AHMP should proceed with proper assessment of William and keep him in detention until he is cured properly.
Upon release, William returned to married home, and the clinician advises Joan that she will be released soon and will return to William soon. In this case, the social worker’s responsibilities towards the couple arise. In this case, the social worker can help to maximize the academic functioning of children as well and improving the family’s well being. The social worker can help Joan and William to take care of their family members, experiencing problems that exist between their family relationships and the challenges that one may face while growing old (Mandiberg 2012).
The Care Act in the United Kingdom provides provision for the formation of British Association of social workers. They are qualified professional association of social workers. “Social workers”, often provide counseling to patients, families and groups. They serve as an intermediate between the various organizations to help the patients and work together with other health professionals. They help in legal issues too. It is the responsibility of the social worker to provide help and support to recover the communal and emotional functioning of children and their families.
Additionally, Joan and William may also get help from the social worker about other personal issues that they may face, drug or alcohol related issues, mental stress or nay other trouble, which they may face because of their disability. The social workers help in improving the safety of the society. They should be trained and qualified that help them in securing the goals that they have set for improvement of family life. They also have the responsibility to protect the persons from any kind of harm to themselves or to others. They should also help in the promotion of human growth and safety.
Social workers have a wide variety of tools to help children and improved manage with the pressures of life. In the present scenario also, the social workers responsibilities towards Bashir, Ahla and Selin are as follows, counsel their families to find better explanations to their troubles, treat the children in loving way, find service and housing for the homeless families, help them to find a way to the adoption system and help them to make best use for the wellbeing of the organization.
Section 7 of the Care Act deals with “children in need”. A child in need is a person who is unlikely to achieve or maintain a reasonable standard of health or development without any extra service. “Social workers” can bring their skills to helping two susceptible sections: Children and their families. In about 16% of the country’s population, work as social workers in child services and 12% work in family. The reason why families have become more susceptible towards in splitting apart ranges from homelessness, drug addiction and child abuse.
In all the areas, “social workers” use a system that is family oriented and help the families cope up towards a good adoption system. They also provide counseling to help to adopted children and deal with issues of self-identity, loss of self-esteem as well as other medicinal issues that are hereditary in nature. “Social workers” are the key members of a society that help in keeping the family intact. Some of the methods include relationships, good coping skills, competencies, and helping them to access the services available. Social workers help children who are victim of domestic violence. Indeed, a social worker is an necessary in helping children expand a original and improved life (Payne 2014).
The Government of United Kingdom has defined “safeguarding children” as “the process of protecting children from abuse or neglect, preventing impairment of their health and development, and ensuring they are growing up in circumstances consistent with the provision of safe and effective care that enables children to have optimum life chances and enter adulthood successfully.” A protection order may be awarded in such cases.
“Every child matters”, children are to be healthy, stay safe, enjoy life and make optimistic payment and achieve financial well being. “Effectual safeguarding” with regard to children, means that the services should be effective in understanding the needs and views of children. Whoever works with children have the responsibility for keeping them safe. In the given scenario also, the children should be kept in a safe environment. A single professional cannot identify the issues related to childcare therefore; it becomes the responsibility of everyone to come into contact in identifying the issues concerned. To help in effective collaboration of the individual working with children it becomes important for them to be aware of the role that they play as professionals. In short, it requires local arrangements for collaboration between experts and organizations. Children want to be respected and their views are to heard to have balanced relationships with professionals (DuBois and Miley 2013).
In the given scenario also, I would ensure that the child’s right are met and utilized at its fullest. Children have the right to live a happy life and lead a satisfactory life.
According to Section 17, the Local Authorities provides several responsibilities towards the children when they live away from their mother. One of the primary responsibilities includes safeguarding and thereby promoting the welfare of the children within the area who are in great need. The second most important aspects undertaken by Section 17 includes upbringing of such children by their families and thereby providing a wide range and level of services which are found to be appropriate to fulfill the needs of the children (Reamer 2013).
Apart from these two vital responsibilities, the Local Authorities also provides several other duties for the concern of the children. This includes the following parameters:
Advice, counselling and guidance
Supervised or care activities
Residential help privileges
Holiday (Respite Care)
Cultural, Occupational, Social and Recreational Activities
Provision for family accommodation
Financial help
“Foster care and Guardianship”, are both entitled to provide a healthy and safety care perspective to the children when they are separated from their parents either by involuntary or voluntary manner. A foster care is considered as a part of the State funded social program which provides necessary temporary care for the child who cannot live with her family. The reason for foster care may be due to abuse, neglect of family disaster. A child having great behavioral matters may also enter “foster care” to supplement parents’ effort and thereby protect the child from dangers.
On the other hand, Guardianship (relationship from family) is considered more permanent solution, which is used for the cares of relative caregivers. Kinship is generally preferred over the foster care as the child able to maintain relationship with the extended family in a familiar and safe environment. This agreement may be provisional or enduring, which completely depends on the situation of the parents and other affecting parameters.
A “placement order” gives authority to the local authority to place a child with potential adopters. It can only be made in relation to a child who is subject to care order. Parental consent to the order of placement may be distributed where there is no parent or guardian. Parental consent to the placement order is given by the Court under Section 47, of the Adoptions and Children Act. A placement order, which is given by consent, is an unconditional agreement of the parent to the adoption of the child. The consent may be in any form. A “placement order” continues until is revoked under the adoption order or until the child is 18 or is married. In the case of mother who has just given birth to a child of six weeks then parental consent for a placement order is necessary. A local authority has the power to apply for adoption order. A placement order suspends an existing care order under Section 7 of the “Order and Supervision Order”. The placement order gives authority to the local person to place a child for adoption with any potential adopters it chooses. A placement order may be revoked on a written application given by any person.
When a police detains a child or a young person for interview then they must inform the appropriate adult as soon as possible. When the issue is an all out court disposals then it must be carried out in presence of the child’s appropriate adult. The adult’s role is to prevent the interests of the child. The responsibilities include, advising and assisting the child or young person while detained or interviewed by the police, to be present when the police requests their presence, to ensure that the child understands the rights he or she has as a child. To examine whether the police is acting properly and fairly with the child he has detained for examination. The following person may be appointed as the appropriate adult: the parent or guardian of the child, person having the authority to act as the appropriate adult. This may be an organization, a voluntary care organization, or a social authority (Levy and Slavin 2013).
A presentence report that contains the history of any person convicted before and after the crime. The pre sentence report shall consist of the following details, the juvenile record of Bashir, and the probation or parole history of Bashir, the official account of offense, the plea bargain, custody status and pending cases.
“The Children Act, 1989”, places a duty on the Local Authorities for taking reasonable steps to identify the “child in need.” Once a transfer has been made to the Local Authority they will decide within one working day whether or not to take action. Where the concerns are serious, the Local Authority must carry out an initial assessment within seven days. The general duty of the local authority helps to safe guard the welfare of the children. The services provided under this section may include providing accommodation, giving help or in exceptional cases cash (Zastrow 2013).
The Care Act, the local authorities will take on new functions. The Act makes clear that the local authorities need to provide comprehensive information and advice about care and support services in the local area. It requires the local authorities to develop a market that delivers a wide range of sustainable high quality care and support services that will be available to their social areas.
Therefore, the local authority as mentioned in the Care Act and the Children Act, 1989 has the duty to protect him.
Brayne, H., Carr, H. and Goosey, D., 2015. Law For Social Workers. Oxford University Press, USA.
Bullis, R.K., 2013. Spirituality in social work practice. Taylor & Francis.
Callard, Felicity. Mental Illness, Discrimination, And The Law. Chichester, West Sussex, UK: Wiley-Blackwell, 2012. Print.
Cooper, Frank. Professional Boundaries In Social Work And Social Care. London: Jessica Kingsley Publishers, 2012. Print.
Dickens, Jonathan. Social Work, Law And Ethics. Abingdon, Oxon: Routledge, 2013. Print.
DuBois, B.L. and Miley, K.K., 2013. Social work: An empowering profession. Pearson Higher Ed.
Healy, K., 2014. Social work theories in context: Creating frameworks for practice. Palgrave Macmillan.
Kadushin, A. and Harkness, D., 2014. Supervision in social work. Columbia University Press.
Kunin, Madeleine. The New Feminist Agenda. White River Junction, Vt.: Chelsea Green Pub., 2012. Print.
Levy, C.S. and Slavin, S., 2013. Social work ethics on the line. Routledge.
Mandiberg, Michael. The Social Media Reader. New York: New York University Press, 2012. Print.
Payne, M., 2014. Modern social work theory. Palgrave Macmillan.
Reamer, F.G., 2013. Social work values and ethics. Columbia University Press.
Zastrow, C., 2013. Brooks/Cole Empowerment Series: Introduction to Social Work and Social Welfare. Cengage Learning.
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