law and social work practice

Tony Evans and Frank Keating) is a well-timed contribution to the social work literature. Under our system of law, federal and state agencies have the authority to establish enforceable regulations. Over 10 million scientific documents at your fingertips. Code of practice for social care workers and Code of practice for employers of social care workers (2004) 8. 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). The relationship between the law and social work practice is complex. 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! (Dalrymple and Burke 2003, p.15). Law plays a number of important roles in the practice of social work. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. This article considers the complex relationships between law, welfare policy and social work practice, in order to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. Cite as. Disclaimer: This work has been submitted by a university student. Unable to display preview. eBook Shop: Practical Child Law for Social Workers Learning Matters von Clare Seymour als Download. 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. “Above all, the law cannot substitute for sound professional practice”. 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. Bibliographic information. 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. 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. Not logged in Common core principles to support self care: a guide to support implementation (2008) 11. 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. For that reason, it is critical that social workers. 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…………………. The legislation and policy under which social workers practice is governed by human rights legislation. Regulatory Law Social work practice also is governed by many regulations promulgated by federal and state government agencies, such as the U.S. Department of Health and Human Services and state human service, child welfare, and mental health agencies. Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. 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’. First, from an ecological perspective, … Dorothy Roberts, JD . We're here to answer any questions you have about our services. Common Assessment Framework for adults (2010) 10. Discrimination Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Sometimes social work research and practice influence and are in advance of regulation and guidance. Both are involved in advocacy. Written by the most experienced professionals in the Social Work field. The Children Act 1989 is an example of statute law. The paper argues that there is no simple answer; law impacts on social work in different ways and there is little consistency across and within client groups. Guidance is being developed and issued by the four governments in the UK, and … Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them."" 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. California Social Work Law & Ethics Exam Materials Materials precisely designed for passing the California Social Work Law & Ethics Exam. Online Mock Exams, Live Workshops, Comprehensive Study Volumes, and One-on-One Coaching make passing as simple and efficient as possible. Jetzt eBook herunterladen & mit Ihrem Tablet oder eBook Reader lesen. LAW IN SOCIAL WORK PRACTICE, 3rd Edition helps readers understand how to work within the legal system to benefit clients and further client interests, recognize certain client problems as legal, and work effectively with lawyers, as well as how the law shapes and restricts clients' actions. The Law provides a framework for practice which grants the social worker with powers to take appropriate action. Read 3 reviews from the world's largest community for readers. This book is addressed mainly to social work students and to professionals in the field of social work. LAW IN SOCIAL WORK PRACTICE, 3rd Edition helps readers understand how to work within the legal system to benefit clients and further client interests, recognize certain client problems as legal, and work effectively with lawyers, as well as how the law shapes and restricts clients' actions. Part of Springer Nature. Overview The JD/Master of Social Work is a joint program sponsored by the University of Pennsylvania Law School and the School of Social Policy & Practice at the University of Pennsylvania. 185.137.168.170. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. Much of what makes social work practice effective is not legislated for. Students in this I will firstly look at how law frames social work practice…………………………………………………………. What do we understand by ethics and how does social work law relate to it? 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. 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. Company Registration No: 4964706. This module discusses the legal context of social work, reviewing legal frameworks, principles, structures and processes, which shape and regulate social work practice. that are helpful in the practice of law include interviewing, empathic listening, identification of clients’ goals, evaluation, crisis intervention, and referral. (Robert Johns p.7). It also offers an insightful discussion of central social work themes, integrating:? Social workers have to make decisions and choices in their everyday practice based on both their own values and the values requirements as set out by the Central Council for Education and Training in Social Work (CCETSW). https://www.lawteacher.net/.../criminology/the-law-and-social-work-practice.php From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. I want to be a social worker, not a lawyer Robert Johns p.1. This chapter considers the law on social work practice: legislation, government regulations, circulars and codes of practice. Free resources to assist you with your university studies! This chapter considers the law on social work practice: legislation, government regulations, circulars and codes of practice. 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. Legislation provides social workers with certain powers as well as duties that social workers are legally bound to fulfil. All work is written to order. Study for free with our range of university lectures! 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. This service is more advanced with JavaScript available, Practising Social Work Law Although social work values underpin decision making when working with service users, there are also values embedded in legislation which support social work values. The briefing is a general introduction to the Coronavirus Act 2020 as it relates to social work practice. *You can also browse our support articles here >. It traces how law has developed as a core component of professional practice, and challenges some of the false expectations placed upon it. However, her application was rejected by the court who stated that Article 2 was not concerned with the quality of life. (p126 block 1). ), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). 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. 1st Jan 1970 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. Our academic experts are ready and waiting to assist with any writing project you may have. 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). Not affiliated Social work practice in all countries incorporates a clear, unstinting commitment to social justice, but what is social justice? The law cannot always resolve the dilemmas and tensions that face social workers everyday. More on the Mental Capacity Act It enshrines in law individuals’ rights to make their own decisions unless it can be demonstrated that they lack the mental capacity to do so. The Human Rights Act 1998 identified a number of protections including the right to liberty (Article 5) and the right to family life (Article 8). However, Jeremy Roche argues that although the law provides a framework it cannot tell social workers what to do in every circumstance. Much of what makes social work practice effective is not legislated for. 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). Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. She has practised as a social worker in the field of child care and has published in the areas of anti-oppressive practice, values and ethics. Ethics and values? Looking for a flexible role? “Constant reflection and critical analysis of your own values and practice of social work are required to be an effective practitioner” (block 1 p130). Social Work How the law underpins social work practice: 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. From both aspects of the knowledge review - the research review and the practice survey - there emerged three distinct orientations to law teaching for social work students - orientations that also mirror aspects of the relationship between law and social work practice. Policy and Social Work Practice (Eds. No plagiarism, guaranteed! every-day social work practice. Reference this. It is essential for the social worker to work in a way that is both anti-oppressive and which recognises cultural perspectives. Lawyers advocate within the legal system both with clients charged with crimes and those dealing with civil issues (adoptions, divorces, child custody, wills and law suits.) © 2020 Springer Nature Switzerland AG. Registered Data Controller No: Z1821391. 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). Students will have the opportunity to earn both degrees in four years (more on the sequencing of these years follows, below). In adopting an innovative case-study approach to social work law and practice, this text fills a genuine need for a book which applies legal knowledge to the practice predicaments social workers face in their daily work. However an increasing amount of official guidance regulates standards of practice, forging a significant interrelationship between regulation and practice, between the law and social work values and concerns. Social work exists within the framework of the law, it is inextricably bound to the state and the legislature, the law cannot be manipulated, it can be misused, but in reality it is clarified by case law. It analyses current debates around confidentiality, State intervention and the legal issues impacting on children, young people, families and vulnerable adults. 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. This is not an example of the work produced by our Essay Writing Service. 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. Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them. of social work practice is an effective and powerful avenue for enhancing the profession’s goals and mission of social and economic justice.

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