Social Work Law - Essay Example

26 May SOCIAL WORK LAW “Social work is a value based profession” (Beckett and Maynard, 2005). It is profession which is aimed to alleviate others lives, in service for the people. Social workers have a strong desire to become instrumental in improving the condition of the lives of people undergoing personal problems, which are mostly family-related issues they experience in their homes. Poulin (2009, p. 16) stated that “Social work is a service profession that has a rich tradition of principles and beliefs. The NASW Code of Ethics identifies core social work values and associated ethical principles. Four of these values- service to others, social justice, dignity and worth of a person, and importance of human relationships, play a critical role in a generalist practice”. Some of these problems include “unemployment, lack of job skill, inadequate housing, financial distress, serious illness or disability, substance abuse, unwanted pregnancy, marital problems or anti-social behavior among others” (Kumar, 2004 p.1). The role of the social workers is to find effective and immediate solutions to these conflicts, which involve spousal or child abuse by offering consultation and counseling to their clients, and ensure that they undergo the services or treatments that ought to free them from complicated situations. In this given example, Jim is suffering from a mental disease of ‘schizophrenia’ and has placed his family, especially the young children in unhealthy living conditions. Jim’s medical condition is completely beyond his control and requires immediate attention. However, the drug dependency coupled with alcohol abuse and the service of penal punishment, are factors which are directly attributable to Jim’s own misconduct. Although his wife and children have supported him in spite of his difficult ordeals, the paramount consideration should always be geared towards the best interests of their minor children, aged 11 and 13. In order to appropriately address the problem of Jim’s children, the role of the social workers extends to effective child protection. Munro (2008, p.6) has concluded that “Child protection workers have to make complex judgments and difficult decisions in conditions of limited knowledge, time pressures, high emotions, and conflicting values. Therefore, analytic and intuitive reason skills are best seen as continuum, not dichotomy. The centrality of and intuition needs to be acknowledged, but practice can be improved by developing professionals’ analytic skills”. It is a common knowledge that child-protection work is impressed with high level of emotions to ensure the well-being of the children and “arouse strong emotional responses in most adults” (Munro, 2008, p. 12). Thus, social workers must be able to distinguish logical reasoning from emotions while investigating and working with the children’s abusive families. In the case of Jim and his family, the social worker assigned to investigate must be able to thresh-out emotions from pure reason. “The ideal thinker is often portrayed as unemotional, remote person, absorbed in conscious cogitation and allowing no extraneous materials, such as feelings to interfere with their judgments and conclusions in deciding cases involving children’s rights” (Munro, 2008, p. 12). The social worker assigned to monitor Jim’s children should ensure that they are given the proper care, attention and guidance. According to Barker (2008), this is in consonance with government’s comprehensive program, ‘Every Child Matters of 2003’, which caters to “children’s services involving health, education, and social services, such as play work and a child’s yearly development. The program is geared toward five outcomes that all young children are entitled to: being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being”. Pursuant to UK laws on the right of the children, the Children’s Act of 1989, particularly, Section 31 provides that “one of the grounds for a care order is that the child is likely to suffer significant harm. Davis (2008, p.31) stated that the definition ‘likely” according to the House of Lords means that a real possibility, a possibility that cannot be sensibly be ignored having a regard to the nature and gravity of the feared harm in the particular case”. This was further enunciated in the case of Re: H & R (Child Sexual Abuse: Standard of Proof), 1996 1 FLR 80. Under Sec. 17 of the same Act, the general duty to safeguard and promote the welfare of the children is vested upon the local authorities to cover children who need help and within the local authorities’ area of jurisdiction. They have the duty to access and investigate the child in need, (Sec. 47) the child’s background, his upbringing and the family who is in charge of him, who may even be the cause of the significant harm inflicted on the child. Here, it cannot be ignored that the children are exposed to significant harm that can affect their normal development, as they are living with a family member who is seriously suffering from a mental disorder. “Schizophrenia is a mental disorder that makes it difficult to tell the difference between real and unreal experiences, to think logically, to have normal emotional responses, and to behave normally in social situations. People with any type of schizophrenia are dealing with problems of anxiety, depression, and suicidal thoughts or behaviors, as they struggle keeping friends and working effectively”. Details about the schizophrenia disease can be viewed in the PubMed Health website at < http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0001925/>. The gravity of danger that the children are forced to live with is a reality that cannot be set aside just to keep the family together. The present living conditions are disconcerting for the children due to Jim’s recent behaviour, which in all likelihood will continue to worsen. The fact that he has been seen going around his house naked for the past few days, not mindful whether his children are present or not, is an disturbing scenario for the children. This can lead to further abuses. The constant shouting and screaming from both their parents can greatly cause emotional burden for the children at the very young age. It is advised that the mother, who is now acting as the head of the family, should seek professional help in order to protect the children and also her husband, who is mentally ill. As a wife and the mother of the two young children, Maureen should consider seeking assistance from local authorities who can provide the family the social care and support that the need to assess the situation. Jim is an individual who is in urgent need of health care and social services due to his present mental condition. There are laws in England which provide assistance to people like Jim. The National Health Services and Community Care Act of 1990 is a law which provides health care, social care and support to residents in United Kingdom, depending on their needs and the circumstances. Sec. 47(1) of said law imposes on an obligation to the local authorities to carry-out the assessment for community care services with people who appear to them to be in need of such services and make a decision on whether those needs call them to provide the services. While The Fair Access to Care Services of 2010 also seeks to provide social care and support. “Fair Access to Care Services or FACS is a system for deciding how much support people with social care needs can expect, to help them cope and keep them fit and well, which applies only to local authorities in England. Its aim is to help social care workers make fair and consistent decisions about the level of support needed, and whether or not the local council can cover the expenses of the people who are seeking help from them”. Details on assessment, eligibility on how to avail of the service and some facts on FACS are discussed in the Social Care Institute of Excellence website, which can be viewed at their website at < http://www.scie.org.uk/publications/guides/guide33/files/facs-leaflet.pdf> On the other hand, it would seem that Jim is incompetent to make decisions for himself considering that he is suffering from schizophrenia. In order to fully understand him and provide accurate assessment of his situation, local authorities who are assigned to handle his case must follow the Common Assessment Framework for Adults. This will means faster treatment, and a more convenient service for patients as information sharing is being implemented in the assessment and care-planning of patients. Hence, the social worker assigned to him must be able to balance the probabilities of his capacity to make a valid decision for himself or not, in order to protect his best interest, and for his family as well. There are several laws which endeavor to protect persons suffering from mental disorders like Jim’s case in particular and shall be discussed further together with applicable laws to help him. The Mental Capacity Act of 2005, particularly, Section 1(2) provides that “People must not be assumed to lack capacity to make a decision simply because they have a medical condition or disability, or because of their age or appearance, under Sec. 2(5). The Act also states that everyone should be given all appropriate help and support to enable them to make decisions for themselves, under S1(3) of MCA , which can be made by using different ways of communicating such as words, signs, pictures or providing different formats” (Pritchard, 2009, p. 126). Pritchard (2009, p. 126) further adds that “MCA Sec. 2 defines the term lack of capacity to make a decision. Capacity is a decision-specific, which means that a person’s capacity must be assessed in terms based on their ability to make decisions. The person will be unable to make a decision even if after appropriate help and support has been extended, yet he still cannot understand to information relevant to the decision, weigh the information as part of the decision-making process and communicate the decision”. Pritchard (2009, p. 127) states that “The law likewise provides a protection for vulnerable adults to possible financial abuses. This is pursuant to the Human Rights Act of 1998 (sec. 6), which places a duty on the public authorities to comply with the European Convention on Human Rights (ECHR) (Council of Europe 1950). These rights include freedom from torture or inhuman or degrading treatment, freedom from discrimination, protection of private and family life and protection of property”. These are only some of the protection afforded to adults suffering from mental incapacity, where the law upholds the rights of these individuals who should not be blamed for the mental conditions that they possess for reasons beyond their control and only nature and genetics can explain. The Mental Health Act of 1983, particularly Sections 135 and 136, as amended by Mental Health Act of 2007, allows a person to be moved from the original place of safety to another place, which is more suitable for such patient, within the 72 hours of detention by the police officer. A separate policy which covers Sec. 136 of MHA was created for the benefit of persons suffering from mental conditions, and subsequently arrested and detained by police authorities. It is aimed to ensure that such persons are appropriately dealt with in accordance with the Human Rights Act 1998, and the Mental Capacity Act 2005”. Sec. 136 provides appropriate safety and security to persons detained by a police officer, after a medical examination and interview have been conducted, and arrangements for the person's treatment or care have been put into place. Details on this policy can be viewed at the website of NHS UK portal at < http://www.dorsethealthcare.nhs.uk/Portals/3/Policies/CP-048-08.pdf>. While Section 2 of MHA on informal admission, “provides that assessment and treatment of persons suffering from any mental condition are compulsory admitted to the hospital for a period of 28 days for the assessment of the patient”. A joint medical recommendation should be completed by two doctors who are conducting the assessment on the patient to be admitted. Details of Sec. 2 of the Mental Health Act of 1983 (Sec. 2) can be viewed at the website of Direc.gov.uk website at < http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/disabledpeople/healthandsupport/yourrightsinhealth/dg_4014771>. While the Code of Practice (2008) to the MHA has stated that the purposes of Section 117 of MHA are: (a) To provide care and treatment to equip patients to cope with life outside of hospital and live there successfully without danger to themselves or others; (b) To aid recovery and rehabilitation; and; (c). To minimize the need for repeated admissions. This provision covers the aftercare aspect of patients who undergo treatment, and shall be made available not just for adults, but for children as well. On the other hand, Sec. 26 of MHA provides a legal explanation for the term “nearest relative” of the patient who needs mental health services. The nearest relative or sometimes also called as “next of kin” shall have the power and control over the patient concerning his admission, discharge from the hospital and planning his aftercare. In the event that Jim’s wife and children can no longer take care of him, Jim’s nearest relative shall be next in line to be in charge of making decisions for the patient. Jim is also protected by the enactment of a new law known as the Equality Act of 2010, which applies to all citizens of England, who are protected from all forms of discrimination by reason of age, disability, race, religion, sex, gender, gender identity, marriage and pregnancy among others. According to Pitner and Sakamoto (2005), the social worker must be able to “address the immediate needs of Jim by making a critical assessment of his condition, setting aside the oppressive social structure”, and disregard the physical and mental condition of the patient. Jim is currently suffering from schizophrenia and should not be discriminated on the basis of his condition. The rationale behind the Equality Act of 2010 is to protect patients like Jim against any ill treatment or discrimination from other people due to his characteristic. “Espousing anti-oppressive practice, promotion of social justice and human development in an unequal world provides the rationale of the social work profession. Finding ways of countering oppression by understanding its dynamics and to develop empowering forms of practice is a key to promote social justice” (Dominelli, 2002, p.4). Strier (2007) stated that “social work claims to embrace a very distinctive mission, which is to oppose the roots and effects of social oppression.” The Community Care Law is also beneficial for Jim and his family in order to gain full access to the much needed health and social services, and to help them surpass the difficult family crisis they are into. Kumar (2004, p. 9) concluded that “Social work addresses the barriers, inequities and injustices that exist in society, as it responds to crises and emergencies as well as to everyday personal and social problems as it utilizes a variety of skills, techniques and activities consistent with its holistic focus on persons and their environments”. However, most of the time, social workers are faced with ethical dilemmas as they have several obligations to several parties at the same time. An example of this situation is when social workers are caught in a predicament as “they are bound to both the clients and employing organizations, which creates the possibility of conflict and ethical dilemmas” (Poulin, 2009, p.20). The National Association of Social Workers Code or NASW serves as a guiding principle for all social workers in order to keep them on the right track in the performance of their duties to their clients and uphold values of integrity and service. Puolin (2009, p. 16) has stated that the “social workers primary goal is to help people in need and address social problems. It means service to others is placed above self-interest”. In the case of Jim and his family, especially his minor children, the social worker assigned to conduct investigation and assess their current situation should bear in mind that any ethical dilemma should be set aside in before issuing reports and recommendations. The social worker act based on pure reason and not be carried away by high emotions. Zastrow (2010, p.42) instructs that “an important guideline in social practice is not to become overly involved in a client’s case”. At the end of the day, the primordial consideration will always be what is deemed for the best interests of the children and adults under their care. The outcome of practicing good social work skills shall result to effective child protection and also promotion of the the welfare of adults suffering from mental disorders and incapacities. Social workers must be able to keep in mind and heart that social justice is the cornerstone in the promotion of values and ethics in social work. References: Barker, R, 2009, ‘Making Sense of Every Child Matters’, Policy Press, Bristol. Beckett, C. and Maynard, A, 2005, ‘Values and Ethics in Social Work’, Sage, London. Children’s Act of 1989, Sec. 17 and 47 Common Assessment Framework for Adults Community Care Law Davis, L, 2008, ‘The Social Worker's Guide to Children and Families Law’, Jessica Kingsley, London. p. 31. Direc.gov.uk website, The Mental Health Act of 1983 (Sec. 2), viewed on May 19, 2011, at < http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/disabledpeople/healthandsupport/yourrightsinhealth/dg_4014771 Dominelli, L., 2002, ‘Anti-Oppressive Social Work Theory and Practice’, Palgrave MacMillan, USA, p.4. Equality Act of 2010 Every Child Matters 2003 Fair Access to Care Services 2010 Human Rights Act of 1998 (Sec. 6) Kumar, H, 2004, ‘Social Work’, Volume 1, Chawla Offset Press, Delhi. pp. 1-2, 9 Munro, E., 2008, ‘Effective Child Protection’, 2nd Edition, London, Sage. p. 6, 12 National Association of Social Workers Code or NASW National Health Service and Community Act of 1990 Sec. 47(1) Poulin, J., 2009, ‘Strengths-Based Generalist Practice: A Collaborative Approach’, Cengage Learning, USA. P.16. Pitner O, and Sakamoto, I., 2005, ‘Use of Critical Consciousness in Anti-Oppressive Social Work Practice’, British Journal of Social Work, vol. 3 (4) p.435-452 Pritchard, J, 2009, ‘Good Practice in the Law and Safeguarding Adults’, London, Jessica Kingsley. p. 126 and 127). PubMed Health, 2010, ‘Schizophrenia’, viewed on May 19, 2011, at Re: H & R (Child Sexual Abuse: Standard of Proof), 1996 1 FLR 80. Social Care Institute of Excellence, Fair Access to Care Services (FACS), viewed on May 19, 2011, from < http://www.scie.org.uk/publications/guides/guide33/files/facs-leaflet.pdf Strier, R., 2007, ‘Anti-Oppressive Research in Social Work: A Preliminary Definition’, British Journal of Social Work ,vol. 35(5) pp. 857-871. The Mental Capacity Act of 2005, Sec. 1(2) (3), Sec.2 (5) The Mental Capacity Code of Practice (Department for Constitutional Affairs 2007, Chapter 3) The Mental Health Act of 1983, Section 136 Policy, as amended by Mental Health Act of 2007, viewed on, May 19, 2011, at The Mental Health Act (1983) Sections, 2, 26, 117, 135 and 136 Zastrow, C., 2010, “The Practice of Social Work: A Comprehensive Worktext”, Cengage Learning, USA. p. 42. Read More