Thursday, February 21, 2019
Legal framework for social work in United Kingdom Essay
mixer act upon is knocked out(p) air traveld as a professional and academic discipline that leave alone seek to contribute improvement on the undivideds, groups and communities quality of brio and their puff up- cosmos finished having policies, airing researches, organizing communities and teaching for the good of the people affected by complaisant limitations that may include poverty, mental and physical sickness, tender injustice including violation of homosexual beneficials. International (Federation of tender Workers 2000). These groups may include school dropouts, the elderly in the society, juvenile offenders, drug and alcohol abusers and the homeless kind proletarians willing carry in various settings within a set of frame thrash of code and practices. The setting may include a school situation, the operate users home, a hospital or a public sector premiseSocial realise taxsSocial die is argued to be value ground. Since it is a profession on, fond work ethics (values) thus refer to a set of guidelines that welcome to govern the way professionals treat the people they move with and the sort of actions that atomic number 18 regarded as proper or wrong. They offer a vision and perceptivity (Bernstein 1970)Social work in the join country occurs in four worlds. The first sphere is majorly a concept relates to the lesson philosophy that creates the ethical arguments on mixer work. The second sphere is based on the legislation that has created an environment for practice of well-disposed work with prolongation to the tender work cases. The third sphere is the political ideas and concepts and their influence in shaping and sculpturing the genial work models, favorable work methods and practices. The last sphere presents the historical part of the beginning of affable work as a profession and its struggle for professional identity. These spheres are extended, mid range and dependant definitions of companionable work ethics and values (Bernard et al 2008, p. 6)This paper will focus on the second sphere in reference to the United sphere.Social work and lawSocial work as a profession has to follow certain laws and regulations which govern the profession. The legal framework involves the statute(predicate) laws and case laws and tries to explain the relationship that links them. Moreover, it details legislation of the proof under acts of parliament, the international laws, policy guidance, and the topical anesthetic presidential term circulars that articulate the solve and guidance principles of legislation.The wellness and awe professional Council code of practiceAs a brotherly prole, it is paramount to be aware of the legal obligations take of them to cretae a healthy and safe working conditions. The General Social wish Council code of practice imposes more duties for employers of social workers. The code states that (Brayne & Carr 2002, P. 49)The social worker sh totally protect a nd promote interests of the service usersThe social worker will get hold of to establish, maintain trust and confidence of the service usersThe social worker will promote independence of the service users while giving them protection from practical harmThe social worker shall respect the right-hand(a)s of the service users while ensuring that their behavior will non harm some other people and themselvesThe social worker shall uphold the public trust and confidence in the social cover functionThe social worker shall be accountable for quality in their work and pickings responsibility for maintenance and improvement of their knowledgeACTS OF parliamentThe Carew standard form 2000This enactment has a signifi contributet role in the social make out work as it did extend the registration authorities for the social flush in England and that of Wales for provision of the pip-squeakrens services, the Act requires the sidelineRegistration of children homesRegistration of fami ly centresRegistration of the independent fostering agencies Registration of unbidden adoption agenciesRegistration of support agenciesTo be a permanent registered division one has to meet a set of regulations tailored to each individual service. In coming up to a decision whether the regulatory necessity s meet been fulfilled, the registering authority must absorb a regard to minimum National standards. Englands registration authority is Office for Standards in Education, Childrens operate and Skills (OFSTED). The Social workers and the social care services send packingnot work on without having well-to-do the above requirements. As a social worker or a social care service supplier, there is a need to have knowledge to avoid prosecution by LawThe health and social care Act 2012This calling card was agreed upon by both houses and obtained the majestic Assent on the 27th of March to become an act of parliament. The bill created an independent National Health Service matu re to promote choices make by the patients in regard to their health issues and reduced the administration irradiation of the National Health Service. A National Health Service Board was also created to allocate resources and provide guidance on commissioning of social care services. Powers of the governments ability to commission services on behalf of patients were increased. The function of the Care Quality Commission was strong suitened and Section 209 of this Act amended. The powers of the new law under Section 60 of the 199 Act gave her majesty the power by order in the council to regulate social workers and social care practitioners of England. This placed the role of social workers and the role of social health care providers directly under her majesty (Britain 2012, p. 9). This Act placed a lot of Significance on Social Care services being provided in the United Kingdom. A consideration on the adult social care was emphasized. For example, allowing the transfer of public health to the local authorities through and through local health and the well being boards. Various new bodies have emerged such as the Local health watches which have a function of checking on health and the social care standards.Childrens Act 2004.In England, the law protects the right of children. Section 11 and 12 of this Act places a statutory duty on all agencies to co-operate and promote the public assistance of the children. The government guidance for social workers and other professionals that interact with children is that the social worker has a duty of keeping the children safe. There should be eonian feedback to the children social care local authority on suggestions and assessment and lastly any soul who has a role should not think that he/she has the absolute right to the childs needs. Professionals some quantify fail to report the abuse and drop cases do not face penalties for crime however they might be subjected to professional disciplinePublic Services (Soci al Value) Act 2012The bill got a Royal Assent on 8th of March. The bill aimed to give strength to the social enterprise businesses sectors and make relevant the concept of social value and its importance in the placing and providing of public services. With this bill a National Social enterprise strategy was created to encourage the fighting in social enterprises. The local government act 2000 section 4 was then required to have a sustainable community strategy proposal that promote the engagement of social enterprise in their areas.The Local Authority Social Services Act 1970This Act brought unitedly the different fields of social work into a single Social service department in every local authority. With this establishment, an emphasis was laid on a co-ordinated and comprehensive brass of approach to the social care, the support of families and identifying the need for people to seek aid. The develop departments then became responsible for domestic aid, residential accommodati on and recreational services.Care council of WalesAll social workers should be registered. It is one of the bodies mandated to register and regulates the activities of the social workers and all other social care in Wales. The care council is set up under the Care Standards Act 2000. It includes the codes of professional practice, conduct rules, and a well established guideline on the complainants procedure. Some other features accessed include consultation services, annual reports, the newsletters and the e-bulletins. Registration of workers ensures that there is as constant data of available social workers and social health care workers in a given state or region. It is easy to verify a genuine worker and avoids imposters who might be out on illegal activitiesCare and Social services inspectorate WalesThis is a body mandated to regulating and inspecting the establishment of agencies that offer social care services in Wales region. It carries out duties on behalf of the ministers of Wales. It has been given power under Act 2003 of the Social and Health care to look into the handling of social services by the local authorities. On their website, one is able to raise a query on social workers conduct for necessary action.Rights and freedoms of Social workers and limitationsGuide to learning communionSocial work is a professional duty. When dealing with children, England places emphasis on rough-and-ready information communion between the local agencies and the social workers on appointment and assessment of service provisions. These are defined in Working together to safeguard children (PDF). Under this guidance, paragraph 1.24 states clearly that fears that arise on share personal information should not hinder promotion of a childs welfare and safety. All social workers and social care provider thus are required to have an efficient information discernment process to avoid a scenario of neglect in believe that some other individual will do the task.Lim itations to this guideThese provisions however do have limitations. In Waless guidance on information sharing is found in chapter 14 of Safeguarding children working together under the Children Act 2004 (PDF). In these guidance paragraph 14.5 overlaps the guidance for professionals in England. It states that The safety and welfare of a child or young person must be put into consideration first when making decisions about sharing information about them and that must be, an overriding public interest in disclosing information. The guidance then further goes on to give the way forward in sharing on information. Paragraph 14.6 states that the best way of ensuring that information sharing is properly handled is to work within carefully worked out information-sharing protocols between agencies and professionals involved, and taking legal advice in each case where necessary.Guide to Loss and disabilitySocial workers have been mandated with a legal duty of caring and service providers. In essence these role places the employers with responsibility of paying up remediation their employees suffer while in line of duty.In the event those being taken care of suffer adverse damage as a reply of social work interference, then they are entitled to sue the social work company for negligence. These may be as a matter of physical damage, emotional or psychological damage. While this is the case, the law prohibits the suing of social workers when performing certain statutory functions like safeguarding children. Employers need to understand the cadences which their employees may be liable to protection under the law and when not. regulation on discrimination on Personal privacyIn line of duty, social workers provide aid services. In order for them to carry out these functions effectively, it is paramount for them to have knowledge of the raft of legislation that protects individuals for discrimination basing on their gender, age, sexual orientation, religion, disability or ethnicity. These are domestic laws of the United Kingdom and are complemented by European Convention on kind beings right which protects the citizens of the United Kingdom against unjustified state interference with their life. It is always accomplishable for government and social work agencies getting into peoples life when they are not willing. In this event then the public can resort to the human rights protection of privacy and autonomy. Social workers and social work agencies need to have knowledge of the rights and privileges granted to the masses under the European convention for both parties to avoid violating them while at the same time helping individuals who have had their rights contravenedThe Human rightsHuman rights are legal obligations that are to be adhered to universally. Human rights are defined as the universal right to standard living that is adequate for healthy and well being of individuals and their families.(Roosevelt 2000, p.5). The globose social work perspective embodies this by stating that The struggle for dignity and key freedoms, which allows for the full development of human potentials, boils down to two words human rights.(IFSW 1996). With this law, special work in the United Kingdom is bound to human rights which are considered sensitive to human race and collective citizenship. The social work must then be conceptualized and sensitized to the culture in which the services are offered. Thus a social worker in England should be able to accept the culture and laws of a state or region in which he/she is working in.ConclusionSocial work and social care has a pivotal role in service spoken language to the society. This view cannot go unnoticed. The values, ethics of social work such as respect for humanity, equality and service to all have played a major role in helping the less privileged in the United Kingdom. The beneficiaries have included the mentally ill, the old, women and children. The United Kingdom having accomp lished the vital role of social care came up with various laws not only to check but to guide the professionals in their field of work. These laws have been defined in various Acts of parliament, Scholarly publications and various codes of ethics and conduct of the Social work profession. Social workers and social care workers interact with different people on daily basis. In order for a proportionate and efficient system of operation to uphold, these laws and various publications have played a major role. However the legal stipulations have also had a damaging side of the story being felt where they have had to hamper the trading operations of social workers and social care practitioners. Technological advancements and constant reviews of challenges that have lift in the working environment of this profession I believe can act as a catalyst to new ideas to command this courtly profession to greater heights in the United KingdomReferencesBRITAIN, G. (2012). Health and social ca re act 2012 chapter 7. S.l., Tso.BRAYNE, H., & CARR, H. (2012). Law for social workers. Oxford, Oxford University Press.BRITAIN, G. (2012). Health and social care act 2012 chapter 7. S.l., Tso.BARNARD, A., HORNER, N., & WILD, J. (2008). The value base of social work and social care. Maidenhead, England, Open University Press.ROOSEVELT, E. (2000). Universal declaration of human rights in English, Spanish, French, Chinese, Russian, Arabic. Bedford, Mass, Applewood Books.HEALY, L. M. (2008). International social work professional action in an interdependent world. Oxford, Oxford University Press.REAMER, F. G. (2006). Social work values and ethics. New York, Columbia University Press.BERNSTEIN, P. (1997). American work values their pedigree and development. New York, State Univ. of New York Press.BANKS, S. (2012). Ethics and values in social work. Houndmills, Basingstoke, Hampshire, Palgrave Macmillan.(2004). Children Act 2004 Explanatory notes. S.l., Stationery Office.Source document
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