Power constitutes what may, but does not have to be done (Mandlestam: 2009; p97). 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. 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. However, as some states reopen, they may be rescinding their emergency orders regarding virtual health care services. The case studies represent only some aspects of the wide range of work carried out by social workers today. Exempted categories of profit are those corresponding to the relevant exemptions under personal income tax. Community Care Act 1990 governs the provision of community care services for vulnerable adults for example the older people and disable people. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Recent graduates in social work practise under supervision for administrative and professional development purposes. Social workers may also face legal and ethical issues when interacting with other professionals. SECTION B: LEGAL ASPECTS IN SOCIAL DEVELOPMENT WORK. 1st Jan 1970 The uniqueness of social work research and … Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. 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. 05 Dec. 2020. 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. Section 45 of the Health Services and Public health Act 1968 contains a power to promote the welfare of older people (Ball 2002:p111). Section 47 (2) of the National Health Service and Community Care Act 1990 requires the Local Authority to identify people whom they are in the process of assessing as disabled (Ball, 2002;p112). 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. 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). Social workers have a duty to abide by the legislation and the power to enforce it. 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. ), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). The module deals with a range of legal issues related to social care and … 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). 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). 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. Psychosocial and Legal Issues Across Diverse Populations and Settings. 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. Social Work Ethical Considerations: Socio-legal Issues Paper. Article 3; no one shall be subject to torture or to inhuman or degrading treatment or punishment. A clinical social worker, for example, focuses on diagnoses, treatments and prevention of mental, emotional and behavioral issues. 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. Without an understanding of law, professionals would not be able to deal with certain situations and the majority of vulnerable people would be experiencing oppression and treated unfairly. $80.00. 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). Request desk copy. Infanticide iii. 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 UKEssays.com then please: Our academic writing and marking services can help you! Essential Law in Social Work Ethics By Frederic G. Reamer, PhD October 2013. Registered Data Controller No: Z1821391. The maltreatment and denial of rights to mentally ill people in the past was as notorious as it was universal. Disclaimer: This work has been submitted by a student. All papers are for research and reference purposes only! 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). 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. as provision for key worker’s children and vulnerable children) The issues. If people fail to cooperate and there is continuity of uncaring, the social worker would then have the power under section 48(2) of the NAA 1948 to enter the premises in order to carry out their duty. Social workers also should be aware of the impact on ethical decision making of their clients’ and their own personal … Human rights and social justice are the philosophical underpinnings of social work practice. In many instances, relevant ethical and legal standards complement each other; however, in some circumstances, ethical and legal standards conflict. 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). Disclaimer: This work has been submitted by a university student. 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. Add to Cart. Looking for a flexible role? 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. No plagiarism, guaranteed! DMCA Social workers providing direct services spend most of their time with clients in their offices or in the client’s home. You can become a social worker with a Bachelor of Social Work (BSW), but independent and more research orientated roles may require advanced education. A social worker has more than the obligation of helping clients through counseling, psychotherapy and social services such as health care. Social workers need to help Mr Bertram understand the condition of his wife for example attending the user and carer support groups run by the alzheimers society. Most people who hold this position work an in office, but they may also spend time traveling to see clients. Retrieved 18:02, December 05, 2020, from https://www.lotsofessays.com/viewpaper/1686955.html. Forensic Social Work. Meet the Presenter. The service that social workers provide should not discriminate and the service provided should not contribute to it. Not every country operate with social workers, others use police, relatives even the Mayor (Bean:1986). aspects and it has been described as "paper laws" for a "paperless environment". administrative justice. Read a sample chapter. 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. For example social work in care homes and hospitals is not represented, neither is work with adult offenders depicted. 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). 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). Assessing a service user is a way to gather relevant information inorder to make a care plan. The process should be client based. They also engage in research, policy development and advocacy for services. Legal Aspects of Social Work. Magistrate court has an important jurisdiction in both criminal and family law. LotsofEssays.com. Article 14, “is the enjoyment of rights and freedoms set forth in this convention shall be secured without discrimination…” Ball and Mcdonald(2002). Social workers frequently encounter circumstances involving ethical and legal issues. Skip to the end of the images gallery . Social work draws on its own constantly developing theoretical foundation and research, as well as theories from other human sciences, including but not limited to community development, social pedagogy, administration, anthropology, ecology, economics, education, management, nursing, psychiatry, psychology, public health, and sociology. Elder Abuse: Clinical, Ethical, and Legal Considerations in Social Work Practice . 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. 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. Business. When a client with mental health issues requests their own housing, the social worker may feel conflicted. Available Formats . McHaelen: Social workers can help frame the questions appropriately. 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. Bigamy iv. Forensic social work is a very broad and diverse field of practice that includes any kind of micro, mezzo, and/or macro level social work that assists individuals involved in the criminal justice or legal systems, explains the National Organization of Forensic Social Work (NOSFW). Web. First, from an … 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. 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