Law and Policy for Social Work - Essay Example

? Law and Policy for Social Work Practice: Looked After Children Introduction Social workers have an official duty towards their service users. Therefore, they should understand the lawful obligations owed to them by their employers in relation to health and safety. The public servants can be sued in the courts of law for giving wrongful information and causing suffering and distress to their clients. However they receive protection from the law when carrying out constitutional duties such as protecting the children (Fortin.et.al. 2012, p. 1423). To provide better health and safety services to the children require all stakeholders to work together according to the laid down policies. It is important for the organizations and individuals to understand their roles in protecting and sustaining the interests of the children. Every action and decisions made should also be aimed at achieving the intended outcomes for the benefit of the child and the entire family (Johnson and Cahn, 1995, p. 16). Case Study Rochdale Child Abuse Case: Exploited Girls Faced ‘Absolute Disrespect” In Williams (2012, Rochdale Child Abuse Case) there is a case of an institution that deals with sexually abused adolescent girls in United Kingdom. The institution was faced with a situation in which some young girls were discriminated by the people who were supposed to take care of them. For instance, there were nine guys who had jointly slept with five girls after enticing them with material things and then added drugs in their in their foods (The policy, Ethics and Human Rights Committee. 2012, p.17). However, the protection council assumed that the young girls had submitted to the sexual molesters out of their own accord. Among the council members who were assisting the victims, three of them left their jobs. Most of the cases handled by the Rochdale were not adequately solved as was discovered by a Local Safeguarding Council. On contrary to the reasoning of the Rochdale council, the Crisis Intervention Team believed that the girls were abused by the rapists. Most cases are now transferred to Sunrise group who are presently assisting 106 teenager girls (Williams (2012, Rochdale Child Abuse Case) This case was faced with several quandaries, with one being the inability to distinguish the issue of young girls and those of adult ladies. For example the assumption that the young ladies had contended to sexual performance out of their own accord yet they were below majority age (The policy, Ethics and Human Rights Committee. 2012, p.13). These adolescents needed protection of the law under child Act which never happened. Also most of the staff members working with the group had left the organization before the issues were settled. Therefore, there was no one to confess in favour of the victims thereby resulting to injustice of the young girls. Consequently, the justice for the victims was delayed as the team sought for vital information to help them convict the suspects as anyone who have not attained the age of 18 years (Williams (2012, Rochdale Child Abuse Case). The 1989 and the 2004 children Acts refers to a child Section 17 of the Children’s Act 1989 define “children in need” as those who are not able to achieve a satisfactory level of health or development, those development has been impaired, those who lack service. Under section 17(10) of the Children Act 1989, the disabled are also referred to a children in need (Oxford Journals, 2012, p.1437). The various policies set out in the children act 2004, indicates that the child should be health, stay safe, enjoy and achieve, make a positive contribution to the society and be able to sustain themselves economically in future. Children need to feel loved, valued, and supported by a chain of individuals who are reliable and shows affection. They also need to feel respected, understood, listened to and to have their emotional feelings being considered and attended to. In the case of Rochdale, the institution neglected children who had been victims of rape and this was against the Children Act. According to the children Act 1989, (as revised by part 53 of the Children’s Act 2004), a public servant should ascertain the child’s wishes and thoughts and give due consideration to the wishes and sentiments of the child. This should be conducted with regard to the child’s age and understanding that helps determine what services to be provided if there are any (Cretney, 1998, p. 221). This means the social worker should meet with the child alone. Attention should be given to the issues of the child and the other family members. It is the duty of the social servant to talk and listen to the child. This helps in understanding their feelings and wishes. These feelings should then be taken into account and recorded so that they can be helpful during decision making as regards to the provision of the required help. However, in Williams (2012, Rochdale Child Abuse Case), workers who understood the case of the rape victims moved to other institutions thereby causing shortage of evidence to prosecute the perpetrators of rape. Masson and Morris,(1992, p. 99 ), indicates that section 47 of the Children Act 1989, the social workers have the powers to carry out investigations on the young child welfare when emergency protection has been undertaken or if there are ground to believe that the child or the person living in the given is likely to be suffering harm. In Williams (2012, Rochdale Child Abuse Case) the investigation must involve the necessary local authorities who will conduct inquiries to enable them decide the actions the will take to protect the child and the family members. Section 31(9), defines harm to be any ill-treatment, impairment to health, and impairment to development. In this case health refers to both the physical and mental wellbeing, development means growing both physically, intellectually, emotionally, socially and how individuals conduct themselves. Ill treatment is the physical and psychological abuse, sexual abuse and other acts that do not involve the physical body (Preston-Shoot, 2001, p 702). Social workers should provide adequate care to these children. The care given should match the level of care these children would receive from their parents. Under section 3(5), a communal worker who has been mandated with the parental responsibility should do relevant in all situations to offer protection and children. This also takes into consideration all actions that other people looking after a child who is being accommodated by the local authority under section 20 (Oxford Journals, 2012, p.1478). This occurs only under reasonable circumstances. What is considered reasonable will depend mainly on the urgency and gravity of the action that needs to be taken and the length of time it will take to make consultation with the person intending to take up the parental responsibility. Section 31(2) of the children Act 1989 provides that a court may only make a care order or supervision order it is satisfied, that the child concerned is suffering or is likely to suffer harm. The order can also be issued if the harm or likelihood of the harm is attributable to the care given to the child or the child is beyond parental control Moral and Communal Issues Values are the set of rules that define what is wrong or right. Ethics refer to the moral values which governs an individual or a group. Diversity The social workers should understand the various differences among individuals and how the shape and form an individual’s identity. People have differences in terms of race, class, geographical location, sexuality, age, gender, religion and belief (The policy, Ethics and Human Rights Committee. 2012, p.7). Understanding these differences helps the social workers define the appropriate actions for the various problems faced b the diverse group. Professional Integrity According to Taylor & Francis (2012, P.1562) social workers must also be knowledgeable regarding the importance of their profession. This helps them show their confidence in ethical reasoning in their professional practice. They are also able to understand their legal rights and privileges as well as question and challenge the legal and the human rights framework. They should be transparent in their dealings and accountable through the justification of their judgments’ and actions. Human Rights and Social Justice Social workers should promote human rights and ensure equality to all. They should also campaign that these are recognized both nationally and in the international laws. This can be achieved b making major contribution s to case laws and ensuring that they observe these values in their daily activities (Hayes, 1997, p. 21). They should also ensure that they get engaged into economically viable activities and support others to engage into activities that can boost their economic status. This can be facilitated through ensuring that all the people are able to get access to education, employment, housing, health and other welfare benefits. Social workers also ensure that there are good relations and communications with individuals, families and communities. They also ensure that individuals attain full confidence, support and protection. In Williams (2012, Rochdale Child Abuse Case) there was communication breakdown since the staff members who could give testimony had resigned from the institution. This is done through the critical analysis of the safety required and the risks involved in ensuring the level of safety (Mcauley, 2006, p. 35). Communication is done with compassion and authority in challenging situations. They also take part in decision making by communicating their professional reasoning and decisions. They also take active roles and spend time with people who are undergoing difficult situation. This gives the victims good company and the confidence that they are safe (Oxford Journals, 2012, p, 1497). They are also able to report and encourage sharing of information with other staff members and others within their surroundings. Social workers should provide people with an opportunity to make their own decisions and choices. This should not be hindered due to the individuals’ values or morals as long as they do not infringe the rights of other in the society. However, the safety and legal rights of others should be put into consideration (Braye and Preston-Shoot, 2006, p. 23). Social workers should put into consideration the family, the community, society, and the natural surroundings of the individual person. They should not discriminate against a person due to their differences but should treat them as equals (Bogenschneider and Corbett, 2001, p 788). For example, in (Williams (2012, Rochdale Child Abuse Case), the young girls were treated despairingly because it was assumed they had accepted to sleep with the men who abused them sexually. Conclusion Social workers play a major role in our lives. They help the needy in the society realize their identity and achieve their goals in life. However, to avoid legal suits, the social workers should clearly understand their legal rights and the various laws governing their practice. Bibliography Bogenschneider, K. and Corbett, T. J.2001. Family Policy: Becoming a Field of Inquiry and Subfield of Social Policy. Journal of Marriage and Family, Vol. 72, No. 3 pp 783-797. Braye, S. and Preston-Shoot, M. 2006. ‘The Role Of Law In Welfare Reform: Critical Perspectives on the Relationship between Law and Social Work Practice’, International Journal of Social Welfare, 15, 19–26. British Association of Social Workers, 2012. A Sense of Belonging: Meanings of Family and Home in Long-Term Foster Care. British Journal of Social Work, Vol.42 (7). Oxford University Press. Cretney. S. M. 1998. Law, Law Reform, and the Family. Oxford: Oxford University. p. 115-227. Elizabeth, L. A., Elisabeth, W. A., Howard, J.D. and Denise, K. J. 2006. The Child -Centred Social Worker and the Sexually Abused Child: Pathway to Healing. Social Work, Vol. 47, No. 4, p. 23-46 Fortin, J., Douglas, G., Herring, J. e.d. 2012. Child and Family Law Quarterly. Jordan Publishing, 1358-8184. Hayes, M. 1997. "Reconciling Protection of Children with Justice for Parents in Cases of Alleged Child Abuse". 17 L.S. I. 20-21. Johnson, P., Cahn, K. 1995. Improving Child Welfare Practice through Improvements in Attorney-Social Worker Relationships. Child Welfare, Vol. 74, No. 2, p. 12-18. Kennedy, R. Richards, J. 2007. Integrating Human Service Law and Practice, 2nd e.d. Melbourne: Oxford University Press. pp. 65-98. Laura, C. 2003. Social Work and Fathers: Child Support and Fathering Programs. Social Work, Vol. 48, No. 2, p. 32-45. Masson J. and Morris, M. 1992. The Children Act Manual. London: Sweet & Maxwell, at p. 99. White, R.; Carr A.P. and Lowe, N. 1990. A Guide to the Children Act, Istedn. London: Butterworth, p.6.11 Mcauley, C.; Peter J. P., and Wendy R.2006. Enhancing the Well-Being of Children and Families through Effective Interventions: International Evidence for Practice. London: Jessica Kingsley. P. 33-44. Oxford Journals, 2012. International Journal of Law, Policy and the Family, Vol. 26(3). Oxford University Press, 1360-9939. Taylor & Francis, 2012. Journal of Social Welfare and Family Law Volume 34(2). Routledge Publishers. 1469-9621. The policy, Ethics and Human Rights Committee. 2012. The Codes of Ethics For social Work: Statement of Principle. British Association of social workers, p. 2-20). Williams, R. 2012. Rochdale Child Abuse Case: Exploited Girls Faced 'Absolute Disrespect.' Guardian News and Media Limited. Read More