Free resources to assist you with your university studies! 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. Human rights and social justice are the philosophical underpinnings of social work practice. Legal Aspects of Social Work. England consists of different types of law that social workers are mostly involved in and these are; criminal and civil law, private and public law. However, as some states reopen, they may be rescinding their emergency orders regarding virtual health care services. Professional and legal issues. We're here to answer any questions you have about our services. 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. Ethical challenges in social work come in all shapes and sizes. A clinical social worker, for example, focuses on diagnoses, treatments and prevention of mental, emotional and behavioral issues. 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. Add to Cart. *You can also browse our support articles here >. 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. Law plays a number of important roles in the practice of social work. Forensic Social Work. Qty. What role can social workers play in current societal issues such as social justice, health care reform, education, and others? Colleagues. 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 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). This will help him to understand the condition of his wife especially when it is coming from other people facing similar life changing experiences. Social workers can work in both statutory and non-statutory roles. Heal, boy: How pets can keep you healthy. LDF offers educational programs to improve the legal status and knowledge of social workers. 63 . Administrative law; controls the operation of ministers of state and other public bodies for example the local authorities. 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. As social media rapidly evolves, so do the legal and ethical pitfalls that attorneys may encounter when utilizing it for professional and personal use. Lots of Essays, "Legal Aspects of Social Work.," LotsofEssays.com, https://www.lotsofessays.com/viewpaper/1686955.html (accessed December 05, 2020). Article 5 is deprivation of liberty. 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. Karen is a trans-woman in her mid-50s. 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. 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. 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. 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. 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). 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. Homicide ii. 5. a) Explain each of the following crimes: i. There are traditional, hybrid and online MSW programs available. 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. 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. What we should be saying is: "You're right. 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. For example social work in care homes and hospitals is not represented, neither is work with adult offenders depicted. Social workers may also face legal and ethical issues when interacting with other professionals. It is understood by all that we are in the middle of a pandemic and that extraordinary times require extraordinary measures. This highly practical text surveys the myriad legal and ethical issues that social workers encounter both in daily practice and under special circumstances. Social work enables people to be included in work and communities. Social workers frequently encounter circumstances involving ethical and legal issues. No plagiarism, guaranteed! 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). The assessment that social workers carry out for Mr and Mrs Bertram is to make sure that an individualised package of care is provided. The maltreatment and denial of rights to mentally ill people in the past was as notorious as it was universal. They help with a wide range of situations, such as adopting a child or being diagnosed with a terminal illness. The maltreatment and denial of rights to mentally ill people in the past was as notorious $80.00. 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. 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 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). In non-statutory roles, social workers still work with a similar client group but are not specifically responsible for enforcing the law. Request desk copy. 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. 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. They also engage in research, policy development and advocacy for services. ; If you already have a BSW, you may apply to advanced standing MSW programs. Looking for a flexible role? They cover three areas of social work - work with adults, with children and families and with young people who have committed offences. Exempted categories of profit are those corresponding to the relevant exemptions under personal income tax. 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). 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. Others involve management and policy decisions about allocating scarce resources. 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). Helping to demystify the legal system, Legal Issues in Social Work, Counseling, and Mental Health will allow professionals and students in social work, human services, family studies, counseling, clinical psychology, pastoral counseling and psychotherapy a better understanding of the law. Below is a list of traits that a well-trained social worker might employ while assisting and guiding a client from o*net online. 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). 64 Journal of Law & Policy [Vol. The uniqueness of social work research and … “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. Our academic experts are ready and waiting to assist with any writing project you may have. He is facing a gradual loss of the woman he has lived with and that could be distressing him. 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. Not every country operate with social workers, others use police, relatives even the Mayor (Bean:1986). Several articles of the Human Rights Act are relevant to mental health patients. Carl Rodgers ( ) listed the three core conditions pf person centered practice. Most social workers work full-time although it is possible to work part-time. 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. Editors. McHaelen: Social workers can help frame the questions appropriately. Disclaimer: This work has been submitted by a student. 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. Disclaimer: This work has been submitted by a university student. Work together with the venue manager to ensure they pass the test with flying colors and your event gets approved. work clients are involved in legal systems, such as child protection, criminal justice, or. 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. 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. LotsofEssays.com. Meet the Presenter. Most people who hold this position work an in office, but they may also spend time traveling to see clients. 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. 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 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. 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. 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. Anti-oppressive practice is based on an understanding of how the concepts of power, oppression and inequality determine personal and structural relations (Davies p14). SECTION B: LEGAL ASPECTS IN SOCIAL DEVELOPMENT WORK. 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. You'll be employed in the charity sector or in specialist roles, such as providing support for drug and alcohol users, homeless … In many instances, relevant ethical and legal standards complement each other; however, in … A social worker has more than the obligation of helping clients through counseling, psychotherapy and social services such as health care. 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. Their … Compulsory removal from home outside the terms of the Mental Health Act 1983 can be affected. Available Formats . Study for free with our range of university lectures! 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. Article 14, “is the enjoyment of rights and freedoms set forth in this convention shall be secured without discrimination…” Ball and Mcdonald(2002). View digital version. For instance, the Aboriginal indigenous community is a classic example of many oppressed indigenous communities around the world. The resources provided should make the Bertram family feel enabled rather than feeling oppressed. An essay or paper on Legal Aspects of Social Work. Social work is essential to integration, to support the social model and social care alongside the medical model and treatment. What we do is social work, and that is why it is so challenging and so important." 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 process should be client based. THE PROBLEM. DMCA HeinOnline -- 11 Wash. U. J.L. 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. 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. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. 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. as provision for key worker’s children and vulnerable children) The issues. Social workers frequently encounter circumstances involving ethical and legal issues. Identify and apply relevant legal frameworks in context and respond using appropriate professional communication skills; 3. The f... © 2002-2020 LotsOfEssays.com. Legal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. Section 45 of the Health Services and Public health Act 1968 contains a power to promote the welfare of older people (Ball 2002:p111). The NASW Legal Defense Fund (LDF) was established in 1972 to provide financial legal assistance and support for legal cases and issues of concern to NASW members and the social work profession. 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. Article 3; no one shall be subject to torture or to inhuman or degrading treatment or punishment. 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 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. 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! Mr and Mrs Bertram would benefit to services like meals on wheels and domiciliary care. Those include hospitals, schools, government institutions, private practices, and more. Social Work Ethics & Law Institute. Some involve clinical issues pertaining to confidentiality exceptions and dual relationships. 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. Social workers need to be aware of the laws that regulate each system in. 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). 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. The duty of a social worker is to make sure that people have access to their rights and those who have been oppressed are empowered to regain and are promoted to change as well as taking control of their lives. Social workers have a duty to abide by the legislation and the power to enforce it. Elder Abuse: Clinical, Ethical, and Legal Considerations in Social Work Practice . 1. Article 6 says that everyone is entitled to a fair and public hearing within a reasonable timescale by an independant and impartial tribunal established by law (Ball and Mcdonald,2002). Features . Retrieved 18:02, December 05, 2020, from https://www.lotsofessays.com/viewpaper/1686955.html. to respond to clients' emotional issues and complex social needs. 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. 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. 05 Dec. 2020. It enhances the power of social work as an integrative system to support clients’ rights and agency. He said that to understand someone’s situation is walking in their shoes, understanding the nature of their experience and their unique point of view. One of the most difficult problems in the mental health field is how to care for people who cannot care for themselves. 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. When a client with mental health issues requests their own housing, the social worker may feel conflicted. Assessing a service user is a way to gather relevant information inorder to make a care plan. Social workers 'attempted cover up' to keep children in foster care. 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). 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. Web. Get Help With Your Essay All papers are for research and reference purposes only! You can become a social worker with a Bachelor of Social Work (BSW), but independent and more research orientated roles may require advanced education. Advocacy is an important aspect of social work. 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). A social worker's professional relationship with a client intersects with the client's relationships to family and community. 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. ; A Master of Social Work (MSW) for example, may lead to state licensure to practice independently. 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). Read a sample chapter. Second Edition. 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). 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. 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). This was done by the National Assistance board and the local authority. Distressing him regulate each system in breaching that person ’ s home and this could be him. Facing serious threat in his marriage by not understanding what his wife especially it! Everyone has a right to liberty and security and nobody should be deprived to except! If it is understood by All that we are in the past was as notorious as it was.... 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Clients ’ rights and agency need assistance with writing your essay, our professional essay writing is! Explore conflicts between social workers can work in both statutory and non-statutory.! Justice are the philosophical underpinnings of social work ( MSW ) for example the authority...