Assessment of the Smiths Needs, Provision of Service - Essay Example

Case Study One The Legislative basis for the assessment of the Smith's needs; provision of service; and types of services available. Needs of the Elderly The Regulation of Care (Scotland) Act 2001 was developed to provide a system of regulation of care services across the nation of Scotland. The Act is anticipated to extend care provision and welfare protection to people within the community who are in greatest need of care services, for example, the elderly. The Act complies with National Care Standards, and is monitored and evaluated by Ministers. Evaluations make comparisons of practices with National Care Standards. The standards indicate the high quality of service that is expected from social workers and other helping professionals to consistently meet the care needs and expectations of clients, such as the Smiths. The standards include the concepts of; dignity; privacy; choice; safety; realizing potential; and equality and diversity. In conjunction with the Regulation Act, the Community Care and Health (Scotland) Act 2002 seek to promote equity, choice and dignity among clients like the Smiths, by shifting the focus from institutional care and promoting a collaborative approach by health and care services. However, there have been concerns voiced by critics that some of the objectives of these Acts are undermined in terms of discriminatory practices, especially toward elderly citizens. It appears that age discrimination is widespread across health and care services, present in day-to-day language where it is considered 'benign' and evident in beliefs, values and attitudes that perceive the older person as characteristically different from the rest of society. This view is reflected in the chronic under funding of social care for older people. The Smiths, like many elderly within the population of Scotland, have ongoing health care costs, the need for social support, the need for education and up-to-date information pertinent to their social welfare and health needs, as well as idiosyncratic personal needs and expectations, such as assistance and support with their son going to court (Sim, 2005). In this respect, there is a critical need for a review of social and health provisions to the elderly who are living at home. Provision of Services The Scottish Ministers ensure that the provision of services meets a high standard of quality service by regularly reviewing the national care standards that apply to care services, and this includes the delivery of services to the elderly. To enable the optimum provision of services, the standards and services are continuously evaluated with the inclusive consultation of those who are the end users of the services; such as the Smiths. The Scottish Social Services Council's codes of practice are also taken into consideration. The code states the responsibilities of employers when regulating the activities of social service workers. As a code of practice, a list of expectations of social service workers details standards for professional conduct and practice. The code ensures a standardisation of care services across the Scottish community. Hence, an employer must ensure that a competent social worker is part of the services workforce, and this means they must understand the responsibilities of their role. Policies, procedures and protocols must exist in hard document form to enable social workers to meet the code of practice standards. Training and ongoing professional development opportunities must be made available to social worker staffs. Policies must address issues of discrimination and dangerous or exploitive behavior. And finally the code must be promoted among social workers as well as the wider community. Types of Service For a couple like the Smith's several service care options are available; housing support services (which provides assistance, advice, and counseling) to support the elderly to live within their home; home care services; an independent health care service; a nurse agency; respite care; and personal care services. Local authorities are responsible for the provision of these social work services. For example, nursing agency would include any local services that supply registered nurses, midwives, or other health visitors. Local authorities organize the personal care services are in regard to assistance with daily physical tasks and the needs of a person who is cared for. Legal provisions for Andrew going to Court The Adults with Incapacity (Scotland) Act 2000 details the principles that guide the intervention into the affairs of an adult who is thought to benefit for the authorising and effecting of intervention services, and who would not be able to gain advantages without the intervention occurring. Andrew is considered an adult under the Act because he is over the age of 16 years, and he is considered to have incapacity with regard to his learning disability, which may affect his memory and communication abilities and hinder his ability to make decisions best for his welfare (6). It is necessary that Andre's intervention be as least restrictive as possible to allow him the freedom he has right to as an adult, and which aligns with the intentions of the intervention (1). When the social workers determine what intervention is necessary for Andrew's appearance in court, they will need to consider; the present and past needs and expectations and emotional well being of Andrew, and this can be ascertained by way of communication with clients such as Andrew. Also, social workers would seek to engage consultation with the Smiths as they are Andrew's closest relatives. As Andrew lives on supportive accommodation, the guardian, continuing attorney/welfare attorney would be consulted as they have authorisation relating to the proposed intervention (2). Other people may be delegated by the sheriff to take an interest in Andrew's upcoming court appearance, to ensure that he is correctly consulted and reasonable able to meet his commitments as a witness (4c). Also, the input from any person considered an authority on the intervention and whose primary concern is for the welfare of the adult or the intervention, in this case Andrew and his court testimony respectively (4d). All persons involved in the court case (e.g., the welfare attorney or guardian of Andrew), has a duty to encourage him to use all his skills to provide an accurate testimony and to take care of his own personal welfare, and to help Andrew to develop these skills during the court process (5). Given that Andrew's neighbor is whom he is testifying about; Andrew may be considered an "adult at risk" under the Adult Support and Protection (Scotland) Bill (Part 1: Protection of adults at risk of abuse, 1). Andrew has a learning disability and is likely unable to protect himself from potential abuse due to his communication difficulties (1a), this makes him more vulnerable to abuse than others (1b). Under the Act, information from his parents, primary careers, guardians or attorney as well as any other persons who are interested in Andrew's welfare are taken into consideration. Also, local authorities, in collaboration with the above contributors, are expected to participate fully in providing information and support to Andrew before, during and after his testimony, without hesitation or discrimination due to his learning disability, age, gender, ethnicity, religious affiliation, sexual persuasion or other cultural and linguistic heritage (2f) Grey's Release from Custody Under the Criminal Justice (Scotland) Act 2003, Grey was convicted after the 1993 Act which enables the Scottish Minister to release him on license and perhaps also to recommend him to the Parole Board (1, 2 and 3). According to section 12, the Scottish Minister may choose to vary or cancel the conditions of license; however, these changes must occur in alignment with recommendations from the Parole Board. Section 13 provides an opportunity for the Secretary of State to modify rules to the regulation of supervision following Grey's release from prison. As his conviction was more than 12 months and less than four years, the court may wish to protect the public from further potential harm that Grey could inflict (212A 1) and he be given a supervised release order. As such, Grey would be supervised by relevant locale authority officers or under the care of a probation officer, as aligns with sections 14(4) or 15(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993). Grey is expected to comply with the requirements of his parole officer; the requirements are aimed at ensuring his socially acceptable conduct, and of preventing or at least decreasing the possibility of Grey committing further offenses, regardless if the future offenses are what he has been charged with previously, or are new offences (2). The supervised release order for Grey will align with the requirements of the Act of Adjournal (3). And so, in the case of an appeal or review, the supervised release order will be of some account. Also, the order will have no effect during any period which Grey may be subject to a license under Part 1 of the Act of 1993. It is necessary that the court explain the release order to Grey in a practical and understandable way so that he comprehends the effect of the order and potential consequences for breaching the order (4). The court clerk will make the release order and send a copy to Grey and to the Secretary of State within seven days from which the order is made. Also, the Secretary of State shall be sent all documents and information that is related to Grey's case and to Grey, as is deemed likely to be of assistance to the supervising officer. Case Study Two Legislation relevant to the Children's Hearing System The Reporter's Role The Reporter is an official employed by the Scottish Children's Reporter Administration according to the The Children (Scotland) Act 1995 (40). All children and young people who may need compulsory measures of supervision must be referred to the Reporter. The main source of referrals is the police and social work, but other agencies such as health or education can make a referral, as well as any member of the public or even the child him/herself. When the Reporter gets a referral, s/he must make an initial investigation before deciding what action, if any, is necessary in the child's interests. The Reporter must consider whether there is enough evidence to support the grounds for referral and then decide whether compulsory measures of supervision are needed. The Reporter has statutory discretion in deciding the next step and s/he may: decide that no further action is required; the Reporter will write to the child/young person and usually the parent or other relevant person (see below for definition of 'relevant person') to tell them of this decision; refer the child or young person to the local authority so that advice, guidance and assistance can be given on an informal and voluntary basis. This usually involves support from a social worker; arrange a children's hearing because s/he considers that compulsory measures of supervision are necessary for the child. At its centre are Children's Reporters located in each local authority area. Children are referred to the Reporter from a number of sources for a variety of reasons. The Reporter investigates each referral to decide if compulsory measures of intervention are needed. If necessary, the child is referred to a Children's Hearing. Each Hearing comprises three Panel Members, who are all trained volunteers from the local community (scra0304). The role of the Children's Reporter has traditionally been concerned purely with the investigation of a referral and a decision on the next steps for each individual child. The Reporter also provides procedural guidance to Panel Members during each Hearing. This role has expanded since 1996 and Reporters locally are involved in an array of joint working and initiatives. Some of these are explored in more detail later in this report. The Role of the Social Worker Under the same Act, the social worker may be called on to contribute information to the reporter regarding Andrew's case. They may be asked to make a comprehensive evaluation. In Glasgow the social work department in conjunction with the reporter seeks to challenge young offenders. The service aims to confront young offenders about their actions through police cautions, victim awareness conferences and programmes carried out by youth workers. Restorative approaches provide early intervention for young offenders and a core element is victim empathy and awareness of the consequences of their actions. Established to work with the Highland authority in Inverness, the initial funding for the six month pilot has been provided by SCRA; however negotiations are under way with Highland Council for future funding if the pilot proves successful. The post holder will assist the Reporter in making appropriate disposals of cases and help improve performance against time intervals standards by providing a link between the social work department and local Reporters outwith formal reporting procedures. The pilot is based on good practice identify ed through a similar post in Falkirk, which has been running for 3 years. The local authority social work services have statutory duties to protect children. When the local authority receives information which suggests that a child may be in need of compulsory measures of supervision, the social work service will make inquiries and give the Reporter any information which they have been able to discover about the child. Local authorities have a duty to safeguard and promote the welfare of children in need in their area and, so far as is consistent with that duty, promote the upbringing of children by their families, by providing a range and level of services appropriate to the children's needs. Some children who have experienced abuse or neglect will need continuing support from the local authority, including specialist services and counseling. Some may need to be looked after by the local authority. Local authorities' criminal justice services also have responsibilities for the supervision and management of risk from adults who have committed o Local authorities have a duty to safeguard and promote the welfare of children who are in need by providing a range and level of services appropriate to their needs. The Act defines "need" broadly. A child is in need of care and attention if - he or she is unlikely' to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless services are provided for him by a local authority - his or her health or development is likely significantly to be impaired, or further impaired, unless such services are so provided - he or she is disabled, or affected adversely by the disability of a member of the family To ensure that services are tailored to meet the particular needs of children in their area, local authorities are now required, in consultation with other relevant agencies, to prepare and publish plans for the provision and development of services for children. They also have a duty to publish information about children's services which they make available. Children with, or affected by, disabilities are specifically provided for in the Act. Local authorities are obliged to provide services designed to give such children the opportunity to lead lives which are as normal as possible, and will assess the needs of individual children when requested to do so by' a child's parent (services and support). Responsibilities of the Family The most common outcome from a Hearing is a Supervision Requirement, ranging from parental supervision to secure accommodation. This includes safeguarding and promoting a child's health, development and welfare as well as providing appropriate to their level of development direction and guidance for the child. The parental responsibilities supersede any analogous duties imposed on a parent at common law; but this section is without prejudice to any other duty so imposed on him or to any duty imposed on him by, under or by virtue of any other provision of this Act or of any other enactment. Subject to section 3(1) (b) and (3) of this Act, a parent, in order to enable him to fulfill his parental responsibilities in relation to his child, has the right (a) to have the child living with him or otherwise to regulate the child's residence; (b) to control, direct or guide, in a manner appropriate to the stage of development of the child, the child's upbringing; (c) if the child is not living with him, to maintain personal relations and direct contact with the child on a regular basis; and (d) to act as the child's legal representative Procurator fiscal and reporter, what now "Procurator fiscal" means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal. The police have a general duty to protect the public and to investigate on behalf of the Procurator Fiscal, where they believe that a criminal offence may have been committed. They will give the Procurator Fiscal any information which will assist him or her to decide whether a criminal prosecution should take place. The police shall refer a child to the Children's Reporter if they believe that a child may be in need of compulsory measures of supervision. he Procurator Fiscal, as the Lord Advocate's local representative, has a duty to investigate the circumstances of any crime or suspected crime brought to his or her attention. He or she acts in the public interest and decides whether to bring criminal proceedings. Where proceedings have started, the Procurator Fiscal may precognosce (interview) witnesses. Child protection encompasses effective investigation and prosecution of offences against children. Decisions regarding criminal proceedings against adults or children are taken by the Procurator Fiscal in the public interest, which includes, but is not restricted to, the interests of the child as witness or accused. The gravity of the alleged offences and protection of the public are matters which require to be weighed, but in all actions concerning children the Procurator Fiscal will have regard to Article 3 of the United Nations Convention on the Rights of the Child which provides that the best interest of the child shall be a primary consideration. Read More