legal basis of social work

Posted on December 6th, 2020

The Children Act 1989 is an example of statute law. Principles of human rights and social justice are fundamental to social work" 6 6. In In order to demonstrate my own professional development as a social work student, I will briefly look at how the legislation underpins the assessment of children in need and discuss the importance social work values while completing an assessment. Everyone has values and principles which shape our behaviour and perceptions of the world and it therefore important that social workers reflect on their values as their decisions will have a direct affect on the services they provide when practicing. Modulename (german) Einführung in die rechtlichen Grundlagen der Sozialen Arbeit. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Disclaimer: This work has been submitted by a law student. Although an in-depth understanding of how the law affects every day social work practice is essential, it also involves much more than just learning the legal rules. This website uses cookies to enhance your user experience and to analyze user behavior in pseudonymous form. A further example of the importance for social workers to have a thorough knowledge of the law in order that they can make decisions on appropriate legislation is shown in the case study of the Clarke family (p 82 of block 1 book) where the social worker attends the family home on an arranged visit and finds Emily (mother) under the influence of alcohol while the children were playing with cutlery in the kitchen. In penitentiary social work, as well as in its other forms, there is a certain legal framework under which the process of rendering assistance to prisoners must pass. These Regulations are made pursuant to Part 2 of the Children and Social Work Act 2017 (“the Act”), which made changes to the way in which social workers in England are regulated. Company Registration No: 4964706. The law cannot always resolve the dilemmas and tensions that face social workers everyday. Aufl.Weitere Literatur wird zu Veranstaltungsbeginn genannt. A child in need assessment should provide a clear understanding of the child’s needs and is based on the provision of the Children Act 1989 and 2004, the principle that underpins the Framework for the Assessment of Children in Need and their Families (Department of Health, et al 2000), Working Together (Department of Health, 1991), and Every Child Matters which provides the legislative foundation on which policy and guidance has been built to inform social work practice in assessment. Establishing Virtue in Social Work: A Response to McBeth and Webb. The Social Basis of Volunteer Legal Work: Predictors of Pro Bono in Legal Practice 1 Robert Granfield, University of Buffalo and Philip Veliz, University of Michigan rgranfie@buffalo.edu 1 The authors would like to thank Steven Boutcher, Susan Chambré, Scott Cummings, 25. Social workers may also face legal and ethical issues when interacting with other professionals. For more information about what you need to do to manage your registration as a social … Where information contained in social work records is to be withheld in legal proceedings, this should not now be on the basis of a claim to public interest immunity; we are “a world away from 1970 or even 1989” (paragraph 43). Not only is the NASW Code of Ethics the document that guides the social work profession, but in many states it has legal standing in that rules covering disciplinary procedures, incompetence and misconduct will actually incorporate the NASW Code of Ethics. Houston, S. 2003. Holland, S. Looked After Children and the Ethic of Care. The language of statutes can sometimes appear confusing – for example the meaning of ‘significant harm’ is not described in detail in the Children Act 1989 and can therefore be open to interpretation. AuflageGastiger, S. / Oberloskamp, H. / Winkler, J. 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. Interestingly the Cleveland Report also acknowledged the dilemma of child protection work “namely that social workers are “damned if they do, and damned if they don’t” (Robert Johns p.10), As a consequence of the events in Cleveland, many key principles such as the accountability of social workers to the law are now enshrined in the Children Act 1989, and according to Robert Johns, social workers welcomed the clarity this would have (word better), Throughout my reading and my experience as a social work student I have learnt that before we can even think about working anti-oppressively within the law we need to look at our own experiences. Falterbaum, J. Principles of social justice and human rights are fundamental to social work and without an in-depth understanding of the law and how it affects social work practice, it would be impossible to practice effectively. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. This would also support social work value D “Value, recognise and respect the diversity, expertise and experience of individuals, families, carers, groups and communities” (GSCC, 2002). Here you can get an idea of our current research and ongoing projects. Social workers recognise the bigger picture affecting people’s lives and work for a more equal and just society where human rights are … It is well known that the competence with which an investigation is handled will crucially influence the effectiveness of subsequent work. 7th Aug 2019 Research Stockholm University conducts independent basic research and impartial applied research of high calibre. obligatory courses. The United Nations Committee on Economic, Social and Cultural Rights has said the right to work ‘forms an inseparable and inherent part of human dignity’ and is essential for realising other human rights. Social work intervention with families under section 47 must therefore be of a consistently high standard and only carried out by social workers who have been trained in the appropriate use of authority. The lawyer's view of social work as an institution and conversely the social work er's view of the law as an institution. An example of this is shown in the case study of Masie when her need for a service requires as assessment as decisions will be influenced by not only the social worker’s commitment to values and best practice but by the legal duties and powers. ©2009—2020 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 However, it can be frustrating when it is clear that a service is needed for a service user but there is insufficient money to provide that particular resource. Online account. In the centre of the diagram are located the legal knowledge and skills and the professional values that inform and drive practice. Acquired during the second half of the twentieth century the experience of penal policy, became the basis for the further development of criminal legislation and legal and regulatory environment of the organization of social and pedagogical work with juvenile offenders already in the independent Ukraine. A starting point for understanding the legal framework is Statute law which is one of the main sources of law and is contained in an Act of Parliament. Version 6.0 of 06/28/2019. Colleagues. Legal basis of social work 2300-PPPS. Looking for a flexible role? Type of course. / Mehde, V. (2015): Allgemeines Verwaltungsrecht mit Verwaltungslehre. 22B0170. Prerequisites (description) Additional information. “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. As one of the most influential early professionals in social work, Jane Addams was a founder of the U.S. Settlement House Movement to establish settlement houses in poor urban areas for volunteer middle-class social workers to alleviate the poverty of their low-income neighbors. AuflageTrenczek, T. / Tammen, B. For previously registered social workers who want to return to social work practice. “I want to be a social worker, not a lawyer” (Robert Johns p.1). Throughout my experience as a social work student together with my research and reading for this assignment it has become clear that in order to comply with the General Social Care Council Codes of Practice (2002) social workers must view the law as an integral part of their role. 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. Although the language of statutes can be difficult to understand, there are two words which will help social workers to interpret statutes and they are ‘duties’ and ‘power’. Legal basis of social work 2300-N2-PPPS. Case law is the second source of law which is developed by the courts from judgments made on cases brought before them (block 1 p.51). AuflageKievel, W. / Marx, A. Lovat, T., Gray, M. 2008. 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. 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 Barbara Fawcett, Professor of Social Work at the University of Birmingham, says: “Social work is for those who are interested in people and working with people, making links between theoretical perspectives, policy, policy initiatives and what happens in practice. While some of these skills may be natural, many of them are honed while a social worker earns his or her bachelor’s or master’s degree. 7. In particular the Act established a body corporate, Social Work England (“SWE”), as the regulator of social workers in England in place of the Health and Care Professions Council. It therefore makes it a duty for the local authority to investigate and provide services as well as having the power to protect the children. Many social work clients are involved in legal systems, such as child protection, criminal justice, or mental health. The Fiduciary Relationship: The Legal Basis for Social Workers' Responsibilities to Clients. “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. A social work qualification can lead to diverse work opportunities working with people and also in policy, education, research, management and leadership. Mode (in Polish) w sali. British Journal of Social Work, September 22, 2009.1-18. Legislation provides social workers with certain powers as well as duties that social workers are legally bound to fulfil. Social workers need to be aware of the laws that regulate each system in order to help clients navigate their way through these systems more effectively, and to be able to advocate for law reform to improve the goodness of fit between clients and their socio-legal environments. 5. It is essential for the social worker to work in a way that is both anti-oppressive and which recognises cultural perspectives. Teilband 1. Social workers have to make decisions in their everyday practice based on their own values and good practice is about involving service users through all stages of the assessment, inviting them to meetings, informing them of their rights and options as well as working in a way that is accountable (Thompson 2006). The social worker’s knowledge of the law and service provisions can be critical in empowering service users (Block 1 p20). In dealing with the multitude of problems that social workers address, they must employ a variety of skills depending on the job that needs to get done. The interviewer used certain key ques Criminology Munby LJ made clear that the right answer is the latter. Below is a list of traits that a well-trained social worker might employ while assisting and guiding a client from o*net online. Anti-oppressive practice means “recognising power imbalances and working towards the promotion of change to redress the balance of power”. The lawyer's view of social work as a profession and the social worker's under standing of the law as a profession. August 10 2009. A social worker in a penitentiary institution must be guided by all the regulations established in our state for the safety of the client and Its safety first. You can view samples of our professional work here. This is clearly an issue of child protection as the children are likely to suffer significant harm if they remain in the care of their mother. (Dalrymple and Burke 2003, p.15). Although social work values underpin decision making when working with service users, there are also values embedded in legislation which support social work values. Type of course. Code of Module. An example of case law that has an impact on society is the case of Diane Pretty who had a terminal illness causing a physical disability and she wished to have the right to choose when to die with the help of her husband. This is not an example of the work produced by our Law Essay Writing Service. 3. 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. 4. However, Jeremy Roche argues that although the law provides a framework it cannot tell social workers what to do in every circumstance. © 2020 HOCHSCHULE OSNABRÜCKUNIVERSITY OF APPLIED SCIENCES. “Constant reflection and critical analysis of your own values and practice of social work are required to be an effective practitioner” (block 1 p130). Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 2. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. AuflageGastiger, S. (2010): Erste Hilfe in Recht. However, her application was rejected by the court who stated that Article 2 was not concerned with the quality of life. Version. The following case studies will give you a flavour of the sorts of issues and challenges that a social worker deals with on a day to day basis. The law provides a framework to guide and assist social workers in making crucial decisions and preventing anti-discriminatory practice as well as providing a framework of legal rights for service users. Further information as well as the possibility of withdrawal can be found in our privacy policy. Free resources to assist you with your legal studies! 5. 1-17. 8.2 Domestic legal … “Above all, the law cannot substitute for sound professional practice”. British Journal of Social Work. VAT Registration No: 842417633. “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. Manage your registration. (block 1 p.52. (2009): Recht konkret. The 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. (2012): Rechtliche Grundlagen der Sozialen Arbeit. 9. AuflagePapenheim, H.-G. / Baltes, J. 1. It’s for those who are able to think critically, reflect on what they’re doing and really have a very strong sense of social justice, of working … Diane’s argument was that “the right to life contained within Article 2 of the European Convention on Human Rights (ECHR) also implied a right to die” (block 1 p.52). “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. AuflageBull, H.P. They cover three areas of social work - work with adults, with children and families and with young people who have committed offences. (Robert Johns p.7). However, there maybe areas of conflict or tension between legal values and social work values, particularly when a service user is deemed to be entitled to certain community services look at page 129 and expand…………………. I will firstly look at how law frames social work practice. The duty to tell the truth and the duty of loyalty are obligations that emanate from the fiduciary relationship, and they contribute to the formation of legal standards for professional conduct. In the late 1800s, a new system emerged as a method for providing aid for social ills. 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 … *You can also browse our support articles here >. A social worker will therefore have to provide evidence that the child is likely to suffer from significant harm and such decisions will be made jointly with legal advisers and managers (block 1 p.51). (2015): Verwaltungsrecht für die Soziale Praxis. Faculty of Business Management and Social Sciences. Registered Data Controller No: Z1821391. Depending on the ways in which these are configured, they give rise to different ways of conceiving the law/social work relationship, represented by the points on the triangle. There are also areas of the law that social workers may find difficult to address, for example, the Diane Petty case which I discussed earlier, where a commitment to social work values could mean respecting Diane’s wishes. Faculty. British Journal of Social Work (2003) 33, 819-824. (Hrsg.) Advocacy That social work is a form of advocacy is signalled by the term client, which is Latin and means charge or protégé. 6. / Behlert, W. (2014): Grundzüge des Rechts. Principles of social justice, human rights, collective responsibility and respect for diversities are central to social work. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! The underlying attitude of each pro fession to the other. To make changes in their lives, people assess how to meet need, recognise and manage risk to themselves and others and do this in the context of balancing often competing rights and responsibilities. In contemporary language the expression is mainly used in legal contexts and in social work. The right to work is more than the right to earn money, though that is important. Do you have a 2:1 degree or higher? / Knösel, P. (2013): Einführung in das Recht für soziale Berufe. You need an online account to record CPD, renew your registration annually and pay your registration fees. Faculty of Business Management and Social Sciences, Einführung in die rechtlichen Grundlagen der Sozialen Arbeit. The relationship between the law and social work practice is complex. It was interesting to note that Jane Aldgate (in Law and Social work book) looks at both the strengths and weaknesses of the assessment framework and although acknowledges that the shared language between professionals is undoubtedly a strength, Calder and Hackett, 2003 (in law in social work) criticise that the omission of risk as a separate category can lead to professionals underestimating risks when completing an assessment. Reference this. Introduction to the Legal Basis of Social Work; Introduction to the Legal Basis of Social Work. A social worker has more than the obligation of helping clients through counseling, psychotherapy and social services such as health care. (p126 block 1). ), and legal professionals (attorneys, judges, paralegals, forensic experts, and … Hochschule Osnabrück - University of Applied Sciences, Funds for the improvement of study conditions, Research funded by the Federal Government, Research funding by the State of Lower Saxony, Research funding by the German research community (DFG), WIR in Osnabrück and Lingen: Location and building plans, Agricultural Sciences and Landscape Architecture (AuL), Management, Culture and Technology (Lingen campus), Working at the Osnabrück University of Applied Sciences, Introduction to the Legal Basis of Social Work. obligatory courses. Social work is then seen as a liberating pedagogy that can strengthen citizens’ abil-ity to act independently. 1. The Law provides a framework for practice which grants the social worker with powers to take appropriate action. Confidentiality, informed consent, and conflict of interest are legal issues influenced by the fiduciary relationship. Additional information. The law which underpins social work practice was radically redrawn in the 1980’s following a series of scandals – for example the events in Cleveland where social workers were accused of an over-readiness of taking children into care and the fact that the parents felt totally undermined and were not afforded proper rights to present their views.

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