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. Looking for a flexible role? 1st Jan 1970 Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. This book is addressed mainly to social work students and to professionals in the field of social work. Much of what makes social work practice effective is not legislated for. Ethics and values? First, from an … We're here to answer any questions you have about our services. Students will have the opportunity to earn both degrees in four years (more on the sequencing of these years follows, below). You can view samples of our professional work here. 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. 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 module discusses the legal context of social work, reviewing legal frameworks, principles, structures and processes, which shape and regulate social work practice. 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. Company Registration No: 4964706. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. No plagiarism, guaranteed! every-day social work practice. The briefing is a general introduction to the Coronavirus Act 2020 as it relates to social work practice. Kirkland & Ellis Professor, Northwestern University School of Law List of issues Latest articles Partial Access; Volume 34 2020 Volume 33 2019 Volume 32 2018 Volume 31 2017 Volume 30 2016 Volume 29 2015 Volume 28 2014 Volume 27 2013 Volume 26 2012 Volume 25 2011 Volume 24 2010 Volume 23 2009 Volume 22 2008 Volume 21 2007 Volume 20 2006 Volume 19 2005 Volume 18 … 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. Although social work values underpin decision making when working with service users, there are also values embedded in legislation which support social work values. Tony Evans and Frank Keating) is a well-timed contribution to the social work literature. of social work practice is an effective and powerful avenue for enhancing the profession’s goals and mission of social and economic justice. 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. It also offers an insightful discussion of central social work themes, integrating:? 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. 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). Unable to display preview. This is a preview of subscription content, © British Association of Social Workers 1997, https://doi.org/10.1007/978-1-349-14475-4_6, Palgrave Social & Cultural Studies Collection. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Using an applied, practice-based and refreshingly 'real' approach, this text bridges the gap between law and ethics. VAT Registration No: 842417633. Discrimination From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. The aim of this essay is to consider the importance of law for social work and social work users taking into consideration the relevance of social work values. 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. I want to be a social worker, not a lawyer Robert Johns p.1. 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). Social work practice in all countries incorporates a clear, unstinting commitment to social justice, but what is social justice? Both are involved in advocacy. ), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). Reference this. 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. Policy and Social Work Practice (Eds. First, from an ecological perspective, … Part of Springer Nature. 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. The Children Act 1989 is an example of statute law. This chapter considers the law on social work practice: legislation, government regulations, circulars and codes of practice. The legislation and policy under which social workers practice is governed by human rights legislation. 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…………………. 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. It focuses on the ways in which the law affects practice and administration and on the working relationship between social workers and attorneys. Online Mock Exams, Live Workshops, Comprehensive Study Volumes, and One-on-One Coaching make passing as simple and efficient as possible. Anti-oppressive practice means “recognising power imbalances and working towards the promotion of change to redress the balance of power”. 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 law cannot always resolve the dilemmas and tensions that face social workers everyday. Common core principles to support self care: a guide to support implementation (2008) 11. 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. The Law and Social Work is up-to-date and contemporary. 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. The Mental Capacity Act 2005 (MCA) is an essential part of social work and social care practice with people aged 16+. 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’. This is not an example of the work produced by our Essay Writing Service. 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. Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them. “Above all, the law cannot substitute for sound professional practice”. Legislation provides social workers with certain powers as well as duties that social workers are legally bound to fulfil. 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.) It considers how social work can use the law in a positive way, examining the value of law from the … (p126 block 1). Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them."" https://www.lawteacher.net/.../criminology/the-law-and-social-work-practice.php Cite as. 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. I will firstly look at how law frames social work practice…………………………………………………………. This chapter considers the law on social work practice: legislation, government regulations, circulars and codes of practice. Law plays a number of important roles in the practice of social work. However, her application was rejected by the court who stated that Article 2 was not concerned with the quality of life. 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. 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. These orientations are in effect different ways of organising the necessary knowledge, skills and values associated with effective learning about the … Download preview PDF. 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). eBook Shop: Practical Child Law for Social Workers Learning Matters von Clare Seymour als Download. (Dalrymple and Burke 2003, p.15). All work is written to order. 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). Written by the most experienced professionals in the Social Work field. The social worker’s knowledge of the law and service provisions can be critical in empowering service users (Block 1 p20). Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Browse the list of issues and latest articles from Journal of Social Work Practice. 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! Disclaimer: This work has been submitted by a university student. (block 1 p.52. ), and legal professionals (attorneys, judges, paralegals, forensic experts, and alternative dispute resolution professionals). 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. 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. Not affiliated The Law provides a framework for practice which grants the social worker with powers to take appropriate action. Dorothy Roberts, JD . (Robert Johns p.7). Common Assessment Framework for adults (2010) 10. California Social Work Law & Ethics Exam Materials Materials precisely designed for passing the California Social Work Law & Ethics Exam. Over 10 million scientific documents at your fingertips. 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. In addition, social workers’ clients must often overcome a number of barriers, legal and otherwise. For that reason, it is critical that social workers. Study for free with our range of university lectures! It analyses current debates around confidentiality, State intervention and the legal issues impacting on children, young people, families and vulnerable adults. Read 3 reviews from the world's largest community for readers. 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. “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. Sometimes social work research and practice influence and are in advance of regulation and guidance. Code of practice for social care workers and Code of practice for employers of social care workers (2004) 8. It is not a comprehensive legal guide to range of significant new areas of legislation. Sometimes social work research and practice influence and are in advance of regulation and guidance. 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. 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. The relationship between the law and social work practice is complex. “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 Students in this “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. 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). Registered Data Controller No: Z1821391. 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. If you need assistance with writing your essay, our professional essay writing service is here to help! Social workers … Our academic experts are ready and waiting to assist with any writing project you may have. Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Law plays a number of important roles in the practice of social work. 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. 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). that are helpful in the practice of law include interviewing, empathic listening, identification of clients’ goals, evaluation, crisis intervention, and referral. Jetzt eBook herunterladen & mit Ihrem Tablet oder eBook Reader lesen. 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 What do we understand by ethics and how does social work law relate to it? Guidance is being developed and issued by the four governments in the UK, and … 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. 185.137.168.170. It is essential for the social worker to work in a way that is both anti-oppressive and which recognises cultural perspectives. Under our system of law, federal and state agencies have the authority to establish enforceable regulations. It also addresses how the law regulates social work practice, and how to recognize and respect the rights of clients and … 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. 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. 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). 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. © 2020 Springer Nature Switzerland AG. This service is more advanced with JavaScript available, Practising Social Work Law Everyone ignored S20 for about 30 years, including the judiciary, misuse brought it to the fore because that could have included coercion. 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. Much of what makes social work practice effective is not legislated for. It traces how law has developed as a core component of professional practice, and challenges some of the false expectations placed upon it. Do you have a 2:1 degree or higher? 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. 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. 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. Free resources to assist you with your university studies! pp 163-223 | 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. 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. However, Jeremy Roche argues that although the law provides a framework it cannot tell social workers what to do in every circumstance. *You can also browse our support articles here >. Code of practice Mental Health Act 1983 (revised 2008) 9. Bibliographic information. Law in Social Work Practice book. 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