All work is written to order. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. Carl Rodgers ( ) listed the three core conditions pf person centered practice. It considers how social work can use the law in a positive way, examining the value of law from the perspectives of service users, carers and professionals. Heal, boy: How pets can keep you healthy. 64 Journal of Law & Policy [Vol. According to Davies (2000), the assessment will cover the service user’s health needs, physical, mental capacity, emotional needs, financial support, suitability of living environment and carer support. One aspect of social work with a strong position in the international discourse is that the work shall be characterized by and aim towards empowerment, the term used to lift forward the basic idea that indi- viduals or groups of citizens shall develop their own resources and in this way be able to influence and improve their living conditions. to respond to clients' emotional issues and complex social needs. Free resources to assist you with your university studies! The maltreatment and denial of rights to mentally ill people in the past was as notorious as it was universal. This Socio-legal Issues Paper focuses on social justice, human rights, and ethical considerations that inform social work practice based on a chosen case scenario. The resources provided should make the Bertram family feel enabled rather than feeling oppressed. Assessing a service user is a way to gather relevant information inorder to make a care plan. Article 14, “is the enjoyment of rights and freedoms set forth in this convention shall be secured without discrimination…” Ball and Mcdonald(2002). The removal may be breaching that person’s human rights under article 6 of the European Convention. aim of this assignment is to consider the importance of law for social workers and discuss the professional skills and values which underpin social work practice in England and Wales today About the authors. “Social work and the law” refers to the interface between the practice of social work and the legal system, including statutory law, case law, legal institutions (courts, prisons, etc. Editors. Generally, from a legal and ethics perspective, social workers can refuse to treat a client as long as the refusal is not discriminatory in nature, so a blanket refusal to provide in-person services should be permissible. In this lady's case, she was apparently subjected to a guardianship according to the 1983 Mental Health Act, placed in a residential home, and had her children taken from her and placed in a foster home. The hierarchy structure of court consists of the House of Lords which is the highest in the land and that is where civil and criminal appeals are heard. Social work is an academic discipline and practice-based profession that concerns itself with individuals, families, groups, communities and society as a whole in an effort to meet basic needs and enhance social functioning, self-determination, collective responsibility, and overall well-being. The courts said that the LA failed to assess the physical and psychological needs of a 95yr old woman who was to be returned from the hospital to a care home, therefore it breached article 8. Is a Career in Social Work Right for Me? In all of their various roles -- educators, managers, evaluators, negotiators, facilitators, advocates -- social workers, as health workers, must abide by legal responsibilities concerning clients' personal information, treatment and behavioral issues. Disclaimer: This work has been submitted by a university student. Robert Johns’ Ethics and Law for Social Workers provides a critical and accessible approach to the legal knowledge and analytical skills needed by social workers. There are many instances in social work where simple answers are not available to resolve complex ethical issues. The law supports social workers who wish to disclose concerns about unacceptable behaviour, for example, the guidance on protecting vulnerable adults through the Public Interest Disclosure Act (1998) (Scie.org). Reference this. The knowledge of law is essential to social work practice and failure to have it may leave social workers vulnerable to being sued by service users who feels their lives where affected by a failure to use their professional act (Stein, 1893). Social workers can also help the Bertram with benefits issues or even advising the family to contact the local neighbourhood or citizen advice bureau regarding the financial status. & Pol’y 64 2003. legal realm, social workers must be cognizant of five dis-tinct sets of requirements and guidelines: constitutional law,statutory law,regulatory law,court-made law and com-mon law, and executive orders. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. Infanticide iii. Human rights and social justice are the philosophical underpinnings of social work practice. Identify and apply relevant legal frameworks in context and respond using appropriate professional communication skills; 3. Explain the principles and functions of the law as relevant to the social work context; 2. The legal context of social work is important because it provides duties and powers for social work and it provides an understanding of the statutory and legal requirements for effective and fair social work practice (Brammer, 2010). THE PROBLEM. Social workers frequently encounter circumstances involving ethical and legal issues. Legal Aspects of Social Work Essay by The Research Group Legal Aspects of Social Work This paper looks at social work from a legal point of view. Ethical Issues in Social Work 4 Different aspects of social work 4 Ethical dilemmas and risks 5 Ethical Values and Norms 6 Fundamentals of ethics 6 Ethical values and norms 7 Ethical traits of character 11 Ethical Guidelines 13 Case Reports for reflection and discussion 14 This document deals in its entirety with the ethical code for social work professionals. Company Registration No: 4964706. Essential Law in Social Work Ethics By Frederic G. Reamer, PhD October 2013. Moores to wrest control from Littlewoods bosses. Social Work 1. aspects and it has been described as "paper laws" for a "paperless environment". Available Formats . It provides the authority to act in a particular way but there is a scope to decide how to act (Brammer:2010;p17). They want to encourage the client’s self-sufficiency, but they aren’t entirely sure if the client is prepared to make that transition – especially the client has been in an inpatient environment for a significant amount of time. Mandelstam (2009) also argued that, vulnerable people are being deprived of their rights they are entitled to for example their own protection under the HRA. For example social work in care homes and hospitals is not represented, neither is work with adult offenders depicted. Second Edition. Psychosocial and Legal Issues Across Diverse Populations and Settings. Advocacy is an important aspect of social work. This webinar will explore conflicts between social workers' ethical and legal duties and practical ways to address them. The maltreatment and denial of rights to mentally ill people in the past was as notorious as it was universal. Legal Aspects of Social Work. 05 Dec. 2020. There are a number of rights that are relevant to the Health and Social Care for example article 2 (right to life), It is a right under the European convention on human rights for an individual to have a right to life but the courts also argue that, if a person does not have a capacity to know what is right for them, if this is in their best interest, for example withdrawing artificial hydration and nutrition; it is regarded as a principle lawful not a breach of article 2 (Mandelstam 2009). An examination of the implications of this case can illuminate some issues concerning the legal aspects of social work. Mrs Bertram has always want to live in her therefore the service that the social workers would be providing would have to allow her to live as independently as possible in her community rather than in a residential home. Legal Issues in Practice Social workers have always faced legal and ethical choices in their work with individuals, families, groups, communities, and organizations (Dickson, 1995; Madden, 2003). $80.00. Add to Cart. Legal Aspects of Social Work (52422) One of the most difficult problems in the mental health field is how to care for people who cannot care for themselves. Brown and Rice (2007) stated that, criminal law deals with some forms of conduct, for example, murder, and the state reserves the punishment by prosecuting the offender whereas the civil law concerns the relationships between private persons, their rights and their duties. Social workers may also face legal and ethical issues when interacting with other professionals. Community Care Act 1990 governs the provision of community care services for vulnerable adults for example the older people and disable people. Article 5 is deprivation of liberty. View digital version. Social workers are admonished to promote the right of service users to select their own goals but at times social workers uses their professional judgement to limit the service users right to self-determination when the service user’s actions can pose a serious risk to themselves and others (Stein, 1893). June 2010; Clinical Social Work Journal 38(2):174-182; DOI: 10.1007/s10615-010-0269-2. Social workers can work in both statutory and non-statutory roles. The local authority’s duty to the Bertram is to provide an adaptation in their home by providing facilities that can suit them for the greater safety, comfort and convenience of the family. For instance, the Aboriginal indigenous community is a classic example of many oppressed indigenous communities around the world. 2003] Law As Social Work 65 profession's ideals of pubic service.,,3 However, it neither spells out what these ideals are, nor imposes any particular professional obligation that lawyers must perform.4 Similarly, the ethical rule regarding pro bono representation of those who are unable to afford legal services reads as an aspiration or recommendation, not an enforceable ethical duty. One of the most difficult problems in the mental health field is how to care for people who cannot care for themselves. Some involve clinical issues pertaining to confidentiality exceptions and dual relationships. Tina Maschi PhD, LCSW, ACSW . Constitutional Law Var ious provisions in the U.S. Constitution and state con-stitutions are germane to social work. Private law consists of many branches such as tort, family law, company law and employment law. We're here to answer any questions you have about our services. By putting the service user at the centre is also by making informed choices as well as working in partnership with Mr and Mrs Bertram and other agencies. Do you have a 2:1 degree or higher? The HRA 1998 came into force in October (2000) and the focus of the Act is to promote and uphold rights and the act applies to public authorities only (Mandelstam 2009), however, the courts in the past argued that, independent care providers in the context of community care are not public authorities for the purposes of HRA (YL v Birmingham cc) (Mandelstam, 2009). Social work is concerned with individual and personal problems but also with broader social issues such as poverty, unemployment and domestic violence. What we should be saying is: "You're right. The case cited for this paper is that of a woman living in a residential home subjected to a guardianship order under the 1983 Mental Health Act who wants to live with her children, placed by a court in a foster home. They help with a wide range of situations, such as adopting a child or being diagnosed with a terminal illness. Without an understanding of law, social workers may not be able to make decisions which may be complex for example, removals of children from their own home. All papers are for research and reference purposes only! Anti-oppressive practice is based on an understanding of how the concepts of power, oppression and inequality determine personal and structural relations (Davies p14). … On the other hand, a social worker may focus on research and development for small or large scale programs to help the community, like medicaid. It is understood by all that we are in the middle of a pandemic and that extraordinary times require extraordinary measures. Work together with the venue manager to ensure they pass the test with flying colors and your event gets approved. Information technology law (also called "cyberlaw") concerns the law of information technology, including computing and the internet.It is related to legal informatics, and governs the digital dissemination of both (digitalized) information and software, information security and electronic commerce. Web. Forensic Social Work. A duty is usually indicated by shall or must and it is imposed by law therefore it is a mandatory to carry it, for example, a duty to investigate and carrying an assessment after suspicion of abuse (Brammer: 2010). Although the Act is silent on this aspect of social work, it does legislate to formalise the temporary closure of schools and using school for alterative arrangements (e.g. "Legal Aspects of Social Work." Retrieved 18:02, December 05, 2020, from https://www.lotsofessays.com/viewpaper/1686955.html. As social media rapidly evolves, so do the legal and ethical pitfalls that attorneys may encounter when utilizing it for professional and personal use. Legal Aspects of Social Work (52422) One of the most difficult problems in the mental health field is how to care for people who cannot care for themselves. The second part of my assignment will be focusing on the National Assistance Act (1948), The National Health Service and Community Care Act (1990). Social workers should take into consideration all the values, principles, and standards in this Code that are relevant to any situation in which ethical judgment is warranted. Disclaimer: This work has been submitted by a student. VAT Registration No: 842417633. Exempted categories of profit are those corresponding to the relevant exemptions under personal income tax. Public law consists of three types of law which are; constitutional law; controls the method of the government for example who is allowed to work or whether there was a correct procedure which was taken during an election (Martin 2002). LotsofEssays.com. work clients are involved in legal systems, such as child protection, criminal justice, or. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Social workers frequently encounter circumstances involving ethical and legal issues. When a client with mental health issues requests their own housing, the social worker may feel conflicted. Several articles of the Human Rights Act are relevant to mental health patients. Business. The uniqueness of social work research and … Power constitutes what may, but does not have to be done (Mandlestam: 2009; p97). There is power of removal from home under section 47 of the National Assistance Act 1948 when a person is unable to look after themselves as well as if they are not receiving proper care and attention from their carers. 1st Jan 1970 Read a sample chapter. Some families use power structure to control the family and this could be due to cultural background for example male having power over women. Social workers providing direct services spend most of their time with clients in their offices or in the client’s home. The approved social worker has a duty to make an application for admission to hospital or guardianship if necessary for continuity of care and family work. Social Work as Primary Discipline c. Residential Care Group care home or a residential treatment center These are for children exhibiting anti-social behaviors that require intensive treatment 22. Everyone has a right to liberty and security and nobody should be deprived to it except if it is in accordance with the law. Article 8 is a right to respect for his private and family life and the court held the act as it sometimes a positive obligation on the state to provide support for asylum seekers (Brammer,2010). This module discusses the legal context of social work, reviewing legal frameworks, principles, structures and processes, which shape and regulate social work practice. Professional and legal issues. Legal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. Many employers offer staff development training. With critical thinking exercises, case studies and contemporary case material, it offers an excellent introduction to ethical theory and key underpinning concepts such as social justice, accountability and professionalism. Social work law is a general term that refers to the legal aspects of social work practice, such as understanding the general relationship between the justice system and social work, having a working knowledge of the laws and regulatory agencies that affect one's particular area of social work, and being prepared to serve as a witness in courtroom cases. Get Help With Your Essay The court of appeal hears civil and criminal appeals and with divisional courts, two or more high court judges may convene to hear appeals from inferior courts in cases where points of law are referred from the magistrates court or county court. Show all. Mental capacity act has brought in a standard test for mental capacity and so long as Mrs Bertram retains capacity, she can under this act appoint someone such as Mr Bertram of one of her daughters with lasting power of attorney who could write an advance directive, both to be applicable should Mrs Bertram be assessed as having lost her mental capacity. Ethical challenges in social work come in all shapes and sizes. The assessment that social workers carry out for Mr and Mrs Bertram is to make sure that an individualised package of care is provided. Our academic experts are ready and waiting to assist with any writing project you may have. Social workers should consider ethical theory and principles generally, social work theory and research, laws, regulations, agency policies, and other relevant codes of ethics, recognizing that among codes of ethics social workers should consider the NASW Code of Ethics as their primary source. The Social Work Ethics and Law Institute (SWELI) is a center within the NASW Foundation.SWELI was created by the NASW Legal Defense Fund to enhance social workers’ understanding and knowledge of legal and ethical issues affecting the social work profession. Successful social work with immigrants must begin with an understanding of their legal status and how that status impacts their housing, employment, health care, education, and virtually every other aspect of life. Social work is essential to integration, to support the social model and social care alongside the medical model and treatment. Not every country operate with social workers, others use police, relatives even the Mayor (Bean:1986). Their professional conduct should be legal and ethical. But with the rise of the patient's rights movement in the last half of the 20th century more sincere efforts have been made to balance the rights of the mentally ill with the interests of their families, mental health providers, and the state (Caras 01). Administrative law; controls the operation of ministers of state and other public bodies for example the local authorities. Section 45 of the Health Services and Public health Act 1968 contains a power to promote the welfare of older people (Ball 2002:p111). In conclusion, the law provides a structure for social work with guidance, direction, the “framework within which individual social workers have to act (px111 reader) and “the framework within which social work knowledge is applied ( reader p.18). We can, at the policy level, help people look at the issues from a human perspective and, in using the construct of social work, help inform the questions that they’re asking. Magistrate court has an important jurisdiction in both criminal and family law. Many of the health and human service professions often involved in community interventions are held to specific codes of ethics by their professional certification or licensure organizations. Registered Data Controller No: Z1821391. LDF offers educational programs to improve the legal status and knowledge of social workers. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UKEssays.com. You can view samples of our professional work here. This highly practical text surveys the myriad legal and ethical issues that social workers encounter both in daily practice and under special circumstances. The legal context of social work is important because it provides duties and powers for social work and it provides an understanding of the statutory and legal requirements for effective and fair social work practice (Brammer, 2010). Study for free with our range of university lectures! The decision affecting the woman in question was made by a multiprofessional mental health team, which typically includes the disciplines of psychiatry, psychology, nursing, social work, and occupational and activity therapy (Fichtner et al 2001). HeinOnline -- 11 Wash. U. J.L. Social workers can do their jobs in a number of different environments. Chang-Muy and Congress present social workers with the only book on the market to emphasize the legal aspect of immigrant issues as well as critical practice and advocacy issues. Without an understanding of law, social workers may not be able to make decisions which may be complex for example, removals of children from their own home. Social workers also should be aware of the impact on ethical decision making of their clients’ and their own personal … And of course, social workers must maintain case history records and prepare reports. SECTION B: LEGAL ASPECTS IN SOCIAL DEVELOPMENT WORK. The process should be client based. It safeguards their rights when doctors are considering compulsory admission or treatment, when they may be at risk of deprivation of their liberty or when they have experienced abuse or neglect. He said that a social should have unconditional positive regard and congruence and being empathetic. George Stuart Leibowitz PhD, LICSW. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. A social worker has more than the obligation of helping clients through counseling, psychotherapy and social services such as health care. The NASW code of ethics (naswdc.org)[online], statement that, “social workers should promote the general welfare of society from local to global levels and the development of people, their communities and their environments…..” It added that, the knowledge of the legal system help social workers to be aware of the conflicts that may arise between their personal and professional values and how to deal with them responsibly. Social work in the context of health care; Legal issues working with immigrants, refugees, and asylees; The interface between social work and human rights; Legal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. Legal Aspects of Social Work (52422) One of the most difficult problems in the mental health field is how to care for people who cannot care for themselves. No plagiarism, guaranteed! The community Care Act 1990 was established to end the existing poor law in order to assist the person in need for example, the disabled, sick and the old age persons. The National Assistance Act 1948 sec 29 defines disabled people as, “aged 18 or over who are blind, deaf or dumb or who suffer from mental disorder or any description, and other persons aged 18 or over who are substantially and permanently handicapped by illness, injury or congenital deformity os such other disabilities as may be described.” Ball et al 2002 said that, it is a duty to assess an individual need for community care services according to section 47 of the NHS and community care act. Social work involves working in profoundly emotional events in people’s lives, its practice is demanding and challenging and perhaps one of its most unique qualities is the balance it holds between understanding and working with the internal and external realities of service users (Bower, 2005). Elder Abuse: Clinical, Ethical, and Legal Considerations in Social Work Practice . He is facing a gradual loss of the woman he has lived with and that could be distressing him. You can become a social worker with a Bachelor of Social Work (BSW), but independent and more research orientated roles may require advanced education. Some states reopen, they may also spend time traveling to see clients done ( Mandlestam: 2009 ; )! Bertram could be facing serious threat in his marriage by not understanding his... Than the obligation of helping clients through counseling, psychotherapy and social care alongside the medical model and social,. From simple essay plans, through to full dissertations, you may apply to advanced standing programs! Assessment that social workers a university student condition of his legal aspects in social work especially when is... Assistance board and the service that social workers must maintain case history records and prepare reports and knowledge of work!, paralegals, forensic experts, and legal issues for events is do-able with of! 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