Tuesday, December 18, 2018
'Legal framework for social work in United Kingdom Essay\r'
'soci satisfactory invent is define as a concernal and academic turn back that leave behind seek to deport returns on the individuals, groupsââ¬â¢ and communitiesââ¬â¢ quality of life and their sanitary- existence done having policies, conducting researches, organizing communities and teaching for the good of the quite a little affected by mixer limitations that may include poverty, mental and sensual sickness, loving injustice including violation of homosexuale rights. world(prenominal)istic (Federation of cordial Workers 2000). These groups may include direct dropouts, the remote in the society, juvenile offenders, drug and alcohol steprs and the roofless\r\n favorable escapeers forget conk in distinct settings within a set of frame play flirt of statute and practices. The setting may include a school situation, the convey usersââ¬â¢ home, a hospital or a public sector premise\r\n friendly take form revalues\r\n kindly charm is argued to be value based. Since it is a occupation on, kind go away moral philosophy (values) so refer to a set of guide by-lines that find to govern the way master keys treat the heap they act with and the sort of actions that atomic number 18 opineed as right or wrong. They offer a vision and discernment (Bernstein 1970)\r\nSocial work in the joined terra firma occurs in four spheres. The first sphere is major(ip)ly a pattern relates to the moral philosophy that creates the ethical arguments on fond work. The second sphere is based on the decree that has created an environment for practice of favorable work with savoir-faire to the societal work cases. The third sphere is the policy-making ideas and concepts and their influence in shaping and sculpturing the brotherly work models, kindly work methods and practices. The last sphere presents the historic part of the beginning of cordial work as a profession and its struggle for professional identity. These spheres argon ex tended, mid range and restricted definitions of neighborly work ethics and values (Bernard et al 2008, p. 6)\r\nThis paper pull up stakes focus on the second sphere in reference to the fall in state.\r\nSocial work and right\r\nSocial work as a profession has to follow certain laws and regulations which govern the profession. The legal mannequin involves the statute laws and case laws and tries to explain the relationship that link them. Moreover, it details legislation of the governance low acts of parliament, the international laws, policy counsellor, and the local government circulars that articulate the settle and guidance principles of legislation.\r\nThe health and condole with professional Council engrave of practice\r\nAs a neighborly fictitious character player, it is dominant to be aw be of the legal obligations required of them to cretae a wellnessy and safe working conditions. The General Social fearfulness Council code of practice imposes more duties for employers of societal doers. The code states that (Brayne &type A; Carr 2002, P. 49)\r\nThe complaisant worker sh in all nourish and promote sidelines of the run users\r\nThe friendly worker will strive to establish, maintain trust and confidence of the help users\r\nThe cordial worker will promote emancipation of the assist users while giving them egis from practicable trauma\r\nThe social worker shall respect the rights of the service users while ensuring that their behavior will not harm other people and themselves\r\nThe social worker shall exert the public trust and confidence in the social conduct go\r\nThe social worker shall be accountable for quality in their work and winning responsibility for maintenance and improvement of their acquaintance\r\nACTS OF fantan\r\nThe Carew commonplace map 2000\r\nThis venture has a material mathematical function in the social wish well work as it did extend the registration regime for the social vexation in En gland and that of Wales for provision of the small fryrenââ¬â¢s services, the Act requires the following:\r\n adjustment of children homes\r\nRegistration of family centreââ¬â¢sRegistration of the autonomous fostering agencies\r\n Registration of voluntary adoption agencies\r\nRegistration of support agencies\r\nTo be a permanent registered piece one has to meet a set of regulations spare to each individual service. In coming up to a decision whether the regulatory requirement skim been fulfilled, the registering office must(prenominal) have a visit to minimum content standards. Englandââ¬â¢s registration authority is Office for Standards in Education, Childrenââ¬â¢s helpings and Skills (OFSTED). The Social workers and the social rush services cannot economic consumption without having agreeable the above requirements. As a social worker or a social negociate service provider, there is a need to have experience to avoid prosecution by Law\r\nThe health and social care Act 2012\r\nThis commit was hold upon by two houses and obtained the Royal Assent on the 27th of March to become an act of parliament. The amount created an independent subject area Health Service gameboard to promote choices made by the patients in regard to their health issues and reduced the administration tool of the National Health Service. A National Health Service Board was also created to allocate resources and provide guidance on commissioning of social care services. Powers of the governmentââ¬â¢s ability to commission services on behalf of patients were increased. The function of the Care Quality Commission was strengthen and division 209 of this Act amended. The springs of the new law under Section 60 of the 199 Act gave her majesty the power by beau monde in the council to regulate social workers and social care practitioners of England. This placed the role of social workers and the role of social health care providers without delay under her majesty (Britain 2012, p. 9). This Act placed a lot of Significance on Social Care services worldness provided in the United kingdom. A contemplation on the adult social care was emphasized. For example, allowing the transfer of public health to the local regimen through local health and the well being boards. Various new bodies have emerged much(prenominal) as the Local health watches which have a function of checking on health and the social care standards.\r\nChildrenââ¬â¢s Act 2004.\r\nIn England, the law protects the right of children. Section 11 and 12 of this Act places a statutory barter on all agencies to co-operate and promote the public assistance of the children. The government guidance for social workers and other professionals that move with children is that: the social worker has a duty of tutelage the children safe. There should be constant feedback to the children social care local authority on suggestions and assessment and finally every person who h as a role should not think that he/she has the absolute right to the childââ¬â¢s needs. Professionals some prison terms fail to report the abuse and expend cases do not face penalties for execration however; they might be subjected to professional discipline\r\nPublic Services (Social Value) Act 2012\r\nThe bill got a Royal Assent on 8th of March. The bill aimed to give strength to the social enterprise businesses sectors and off relevant the concept of social value and its immensity in the placing and providing of public services. With this bill a National Social enterprise strategy was created to encourage the contest in social enterprises. The local government act 2000 section 4 was then required to have a sustainable community strategy final cause that promote the engagement of social enterprise in their areas.\r\nThe Local Authority Social Services Act 1970\r\nThis Act brought together the divergent written reports of social work into a single Social service departme nt in every local authority. With this establishment, an fierceness was laid on a co-ordinated and comprehensive outline of approach to the social care, the support of families and identifying the need for people to seek aid. The formulated departments then became responsible for internal aid, residential accommodation and recreational services.\r\nCare council of Wales\r\n totally social workers should be registered. It is one of the bodies mandated to register and regulates the activities of the social workers and all other social care in Wales. The care council is set up under the Care Standards Act 2000. It includes the codes of professional practice, conduct rules, and a well established guideline on the complainantââ¬â¢s procedure. Some other features accessed include consultation services, one-year reports, the newsletters and the e-bulletins. Registration of workers ensures that there is as constant data of available social workers and social health care workers in a given state or kingdom. It is easy to verify a genuine worker and avoids imposters who might be out on fell activities\r\nCare and Social services inspectorate Wales\r\nThis is a dead body mandated to regulating and inspecting the establishment of agencies that offer social care services in Wales region. It carries out duties on behalf of the ministers of Wales. It has been given power under Act 2003 of the Social and Health care to look into the handling of social services by the local authorities. On their website, one is able to raise a query on social workers conduct for necessary action.\r\nRights and freedoms of Social workers and limitations\r\nGuide to learning overlap\r\nSocial work is a professional duty. When dealing with children, England places emphasis on effective ontogenesis manduction between the local agencies and the social workers on identification and assessment of service provisions. These are defined in ââ¬Å"Working together to safeguard children (PD F). infra this guidance, paragraph 1.24 states clearly that fears that arise on sharing personal entropy should not hinder advance of a childââ¬â¢s welfare and sanctuary. tout ensemble social workers and social care provider thus are required to have an efficient discipline discernment process to avoid a scenario of neglect in believe that another individual will do the task.\r\nLimitations to this guide\r\nThese provisions however do have limitations. In Walesââ¬â¢s guidance on nurture sharing is found in chapter 14 of Safeguarding children working together under the Children Act 2004 (PDF). In these guidance paragraph 14.5 overlaps the guidance for professionals in England. It states that ââ¬Å"The safety and welfare of a child or vernal person must be put into consideration first when making decisions about sharing information about themââ¬Â and that must be, ââ¬Å"an overriding public interest in disclosing information.ââ¬Â The guidance then further goes on to give the way forward in sharing on information. Paragraph 14.6 states that ââ¬Å"the best way of ensuring that information sharing is properly handled is to work within cautiously worked out information-sharing protocols between agencies and professionals involved, and taking legal advice in each case where necessary.\r\nGuide to Loss and disparage\r\nSocial workers have been mandated with a legal duty of caring and service providers. In essence these role places the employers with responsibility of paying up reproachs their employees set out while in line of duty.In the event those being taken care of suffer adverse damage as a result of social work interference, then they are entitled to sue the social work company for negligence. These may be as a result of physical damage, emotional or psychological damage. While this is the case, the law prohibits the suing of social workers when execute certain statutory functions like safeguarding children. Employers need to show th e times which their employees may be liable to protection under the law and when not.\r\nLegislation on distinction on Personal privacy\r\nIn line of duty, social workers provide aid services. In fiat for them to carry out these functions effectively, it is paramount for them to have knowledge of the raft of legislation that protects individuals for discrimination basing on their gender, age, informal orientation, religion, disability or ethnicity. These are domestic laws of the United Kingdom and are complemented by European form on human right which protects the citizens of the United Kingdom against unjustified state interference with their life. It is always realistic for government and social work agencies getting into peopleââ¬â¢s life when they are not willing. In this event then the public can fall back to the human rights protection of privacy and autonomy. Social workers and social work agencies need to have knowledge of the rights and privileges minded(p) to the masses under the European convention for both parties to avoid violating them while at the same time helping individuals who have had their rights contravened\r\nThe Human rights\r\nHuman rights are legal obligations that are to be adhered to universally. Human rights are defined as ââ¬Å"the universal right to standard living that is adequate for healthy and well being of individuals and their families.ââ¬Â(Roosevelt 2000, p.5). The global social work perspective embodies this by stating that ââ¬Å"The struggle for dignity and fundamental freedoms, which allows for the full development of human potentials, boils down to two words: human rights.ââ¬Â(IFSW 1996). With this law, special work in the United Kingdom is bound to human rights which are considered sensitive to human race and collective citizenship. The social work must then be conceptualized and sensitized to the culture in which the services are offered. Thus a social worker in England should be able to harmonize the culture and laws of a state or region in which he/she is working in.\r\nConclusion\r\nSocial work and social care has a glacial role in service delivery to the society. This count on cannot go unnoticed. The values, ethics of social work such as respect for humanity, equality and service to all have played a major role in helping the less privileged in the United Kingdom. The beneficiaries have included the mentally ill, the old, women and children. The United Kingdom having realized the vital role of social care came up with various laws not barely to check but to guide the professionals in their field of work. These laws have been defined in various Acts of parliament, erudite publications and various codes of ethics and conduct of the Social work profession. Social workers and social care workers interact with different people on daily basis. In order for a harmonious and efficient system of effect to uphold, these laws and various publications have played a major role. However the legal stipulations have also had a negative side of the story being tangle where they have had to hamper the operations of social workers and social care practitioners. Technological advancements and constant reviews of challenges that have move up in the working environment of this profession I believe can act as a catalyst to new ideas to command this noble profession to greater heights in the United Kingdom\r\nReferences\r\nBRITAIN, G. (2012). Health and social care act 2012: chapter 7. [S.l.], Tso.\r\nBRAYNE, H., & CARR, H. (2012). Law for social workers. Oxford, Oxford University Press.\r\nBRITAIN, G. (2012). Health and social care act 2012: chapter 7. [S.l.], Tso.\r\nBARNARD, A., HORNER, N., & WILD, J. (2008). The value base of social work and social care. Maidenhead, England, Open University Press.\r\nROOSEVELT, E. (2000). Universal promulgation of human rights in English, Spanish, French, Chinese, Russian, Arabic. Bedford, Mass, Applewood Books.\r\nHEA LY, L. M. (2008). International social work: professional action in an interdependent world. Oxford, Oxford University Press.\r\nREAMER, F. G. (2006). Social work values and ethics. New York, Columbia University Press.\r\nBERNSTEIN, P. (1997). American work values: their origin and development. New York, sound out Univ. of New York Press.BANKS, S. (2012). Ethics and values in social work. Houndmills, Basingstoke, Hampshire, Palgrave Macmillan.\r\n(2004). Children Act 2004: Explanatory notes. [S.l.], Stationery Office.\r\nSource roll\r\n'
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