Application of the Legislative Frame Work and Codes of Practice - Essay Example

Application Of The Legislative Frame Work s Of Practice by Introduction From Koleth the term asylum is defined as, “The grant, by a State, of protection on its territory to persons from another State who is fleeing persecution or serious danger”. Asylum encompasses various elements which include non-refoulement, permission to reside within the borders of the asylum country, and entitlement to humane treatment”( Elsa, 2012, 12).While the term Asylum-Seeker is defined as, “an individual who is seeking international protection. In countries with individualized procedures, an asylum-seeker is someone whose claim has not yet been finally decided on by the country in which he or she has submitted it” (Elsa, 2012). Not every asylum-seeker is recognized as a refugee, but every refugee is initially an asylum –seeker (Elsa, 2012, 13). Over the past two decade UK number of asylum seeking have continued to increase, “Some countries which have regularly featured in the top ten countries of origin of asylum seekers over recent years are Afghanistan, Iran, Sri Lanka, Eritrea, and Pakistan. In 2011 there was an upsurge in applicant numbers from Libya, but numbers have dropped back in 2012. In 2011 and then again in 2012 the number of applicants from Syria increased significantly” (Hands, 2004, 120). Legislative frame work that reflect on code of practice of asylum seeker in migration setting is largely based on adoption of human rights based approach in social care, which is regarded as best way of ensuring that code of equality and respect is enforced. Relevant Legislative Frame Work That Underpins the Asylum Seeker and Migrant Setting Rights are universal and are thus codified in national legislation and international convention thus this approach recognize asylum seeker needs through the lens of human right (Thomas, 2009). Thus adopting right based approach gives implication that legislative authority has duty and responsibility toward need of asylum seeker (Thomas, 2009). Equalities legal framework in UK has brought an order by streamlining the exiting laws in away that promote equality so that all people fulfill their potential also creating cohesive society that contribute toward strong economy (Thomas, 2009). Asylum seekers, regardless of their immigration status, are human beings, with fundamental and basic rights, needs and aspirations. UK’s treatment of asylum seekers says something about the society we live in and the kind of country we want to be (Aspinall & Watters, 2010, 20). There are legal framework that dictates code of practice to asylum seeker and social care toward asylum seeker. In general term this legislation includes legislation: Under section one of national assistance act 1948 local authority have responsibility and duty to provide care beyond provision of accommodation, this legislative translate to code of practice where an asylum seeker is seen as individual with same right as UK nationality, thus asylum seeker need to be listened to and their need identified and responded to with an understanding of their current situation and their future aspiration taken into consideration (Thomas, 2009). Thus their wish and feeling ought to be respected. According to Brammer (2006) Immigration and asylum act 2002 in schedule 3 prevent local authorities from providing support to asylum seeker who have been refused routinely though to do so would translate breech of human right under human right act 1998. This implicate code of practice where local authority provide assess to refused asylum seeker, however it does not mean that support should not be provided to asylum seeker (Thomas, 2009). Code of practice should encompass clear outline of detail assessment and eligibility criteria through implementation of safeguarding vulnerable group act 2006, which implicate commitment in protection of vulnerable adult and children from likely harm, translate to a code of practice which include asylum seeker protection, this mean that working within equality and diversity framework measure need to be put place to protect asylum seeker from harm and thus social care service have duty toward vulnerability of asylum seeker (Thomas, 2009). Mental health act 1983 and 2007, provide legislative framework where asylum seeker detained is entitled with after care services in section 117, also 2007 act introduced amendment to 1983 act thus introducing mental health advocacy that is independent which enable asylum seeker detained patient to understand their right and are supported in decision making about their treatment and care (Jeffers, 2011, 167). Also the children act 2004 dictate a duty on local authority toward improving the wellbeing of children and promoting their welfare (Jeffers, 2011, 167). However, section 9 of asylum and immigration act 2004 permit withdrawal of support of these services to refused asylum. Immigration and asylum act 1998 section 4 provide provision that support may be accorded to refused asylum seeker who is in desperate condition provided that he satisfy one or more required condition (Hands, 2004, 120). This act translates to code of practice that enable refused asylum seeker to benefit from social services. Impact Of The Codes Of Practice On Service Users Within Asylum Seekers And Migrant Setting Despite the fact that there are significant and legitimate concerns about various aspect of asylum seeker in UK , the fact is that there are positive impact of code of practice in regard to asylum seeker ( Aspinall and Watters, 2010) . These impacts of code of practice as dictated to legislative frame work include: Through mainstreaming of asylum seeker in UK society in comparison with other European union countries, UK compare favorably since UK place it residential close to towns and cities hence integration and community participation is enhanced (Aspinall and Watters, 2010). Children act 1989 place asylum seeking children in good position to enjoy the provision of relatively comprehensive and equitable system of care (Aspinall and Watters, 2010). According to Aspinall and Watters, the new asylum model have some positive impact which have been commended e.g. introduction of single case owner for individual asylum claimant, though it is viewed that it is too early to start evaluating the effect of new asylum model. Effectiveness Of The Application Of Codes Of Practice Within The Asylum Seekers And Migrant Setting There have been key gaps in asylum related policy and legislative streamlining in social service, these issues include: Lack of clear eligibility criteria this is highlighted by suggestion that there is frequent and complex legal context that keep on changing and this create confusion and uncertainty. Thus entry of asylum seeker into appropriate social care is difficult and may create conflict in terms of knowing what to do in such circumstance an asylum seeker is not eligible. Slow decision making is experienced in code of practice pertaining to social service, where there has been slow system in response to asylum seeker, such that even when positive decision has to be made there is apparent delay upon acting (Jeffers, 2011, 167). Limited understanding and awareness of contribution of social care by asylum seeker, this code of practice is mainly influenced by staff who have no knowledge on issue facing asylum seeker or absence of clear social care pathways. This may lead to conflict of inappropriate referral and increasing unmet needs. Limited capacity in term of knowledge and understanding of legal procedure and requirement context, this limit the asylum seeker in regard to various option available to them (Jeffers, 2011, 167 ). Hence they don’t explore full potential and opportunities accorded by available code of practice. Limited job opportunities this may be inferred from Criminal record bureau (CRB) that is responsible for vetting of prospective employee or volunteer for purpose of obtaining placement in sensitive areas like clinical staff and security personnel. CRB have formulated new guidelines which require additional documents other than primary document required for purpose of guaranteeing individual identity, this requirement of extra documents will disadvantage some asylum seeker since they experience difficulty in obtaining those documentation from home country due to fear of persecution by authority from their home country (Hands, 2004, 120). Conclusion While migration has continued to be matter of concern in public and government over the last two decade, government has sought to address the issue by integrating measures that address asylum seeker and refugee through legislative framework that translate to code of practice in migration setting. at the same time public have held different perception toward asylum seeker which include mistrust culture, criminality association and this have hindered the effort of those asylum seeker who are genuine trying to escape persecution. While UK policies on asylum seeker compare favorably, there remain significant gaps that need to be address, however overabundance of emerging laws, policies and guidelines suggest uncertainty on how to address asylum seeker (Thomas, 2009). Measures aimed at enhancing security within UK territory have been considered breaching asylum seeker human right which is agreed internationally. The new asylum model has been commended as having positive features that address asylum seeker like “single case owner of each claim.” There are still some flaws in the model and in particular the speed at which it was introduced and weather staff had enough time to be trained (Thomas, 2009). Bibliography Aspinal, P., & Waters, C. (2010). Refugees and asylum seekers: a review from an equality and human rights perspective. Brammer, A. (2006). Social work law. Harlow, Longman. http://www.myilibrary.com?id=134738. Elsa. K. (2012). Asylum seekers: an update Briefing Paper No 1/2012, Available at: http://www.parliament.nws.gov.au/.../...pdf Hands, J. (2004). At the interface: continuity and transformation in culture and politics. Amsterdam [u.a.], Rodopi. Karen. N. and Nigel. T. (2010).Guide 37:Good practice in social care for asylum seekers and refugees,Available at: http://www.sci.org.uk/.../giide/.../guide37.pdf Karen. N. and Nigel. T. (2010).Good practice in social care with refugees and asylum seekers, Available at: http://www.equalityhumanrights.com...social-.../pdf Jeffers, A. (2011). Refugees, theatre and crisis: performing global identities. New York, Palgrave Macmillan. Peter. A. and Charles.W. (2010). Equality and Human Right, Available at: http://www.equalityhumanrights.com/.../refuge../pdf Thomas Newbigging. (2009). Lancashire characters and places. [S.l.], Read Books Read More