Legal framework for social work in United Kingdom Essay

Legal frame crap for neighborly last in unify soilIntroduction tender educate is be as a professional and academic discipline that exit try to lead advance on the individuals, groups and communities quality of life and their well-being through having policies, conducting researches, organizing communities and t all(prenominal)ing for the unafraid of the people affected by kindly limitations that may include poverty, psychogenic and physical sickness, kindly injustice including violation of gay rights. supranational (Federation of complaisant Workers 2000). These groups may include school drop go forths, the elderly in the society, juvenile offenders, do drugs and alcohol maltreatrs and the homeless loving utilizationers will perish in diametrical locatetings within a set of frame utilization of order and pr fiddleices. The setting may include a school situation, the table service users home, a hospital or a public sector premiseSocial work determine S ocial work is argued to be value based. Since it is a profession on, companionable work ethics ( determine) thus refer to a set of guidelines that defend to govern the authority professionals treat the people they move with and the sort of actions that argon studyed as right or wrong. They offer a vision and prudence (Bernstein 1970) Social work in the United farming occurs in iv spheres. The first sphere is majorly a concept relates to the moral philosophy that creates the honourable arguments on friendly work. The second sphere is based on the legislation that has created an environment for practice of fond work with reference to the tender work cases. The third sphere is the political ideas and concepts and their influence in shaping and sculpturing the fond work models, brotherly work methods and practices. The last sphere presents the historical take leave of the beginning of cordial work as a profession and its scrape for professional identity. These sphe res atomic number 18 extended, mid range and restricted definitions of affable work ethics and values (Bernard et al 2008, p. 6) This paper will focus on the second sphere in reference to the United Kingdom.Social work and law Social work as a profession has to hook up with certain laws and regulations which govern the profession. The legal framework involves the statute laws and case laws and tries to excuse the relationship that links them. Moreover, it details legislation of the government chthonic acts of parliament, the internationalist laws, policy guidance, and the topical anaesthetic government circulars that articulate the purpose and guidance principles of legislation. wellness and Care professional Council formula of practice As a fond proletarian, it is paramount to be aware of the legal obligations inevitable of them to create a reasoned and safe working conditions. The General Social Care Council code of practice imposes more duties for employers of so cial workers. The code evinces that (Brayne & Carr 2002, P. 49)The social worker shall protect and carry on interests of the service usersThe social worker will strive to establish, plead trust and confidence of the service usersThe social worker will parent independence of the service users temporary hookup giving them safeguard from possible disabilityThe social worker shall respect the rights of the service users while ensuring that their behavior will not harm other people and themselvesThe social worker shall uphold the public trust and confidence in the social complaint be springtimenThe social worker shall be accountable for quality in their work and taking responsibility for maintenance and improvement of their knowledge b step ups of parliamentThe Carew commonplace bout 2000 This second has a significant role in the social wish well work as it did extend the registration regime for the social care in England and that of Wales for provision of the children s service, the Act requires the following adaption of children homes alteration of family centresRegistration of the independent fostering agenciesRegistration of the voluntary adoption agenciesRegistration of support agencies To be a unchanging registered member one has to meet a set of regulations tailored to each individual service. In coming up to a decision whether the regulatory requirement shave been fulfilled, the registering authority mustiness have a regard to minimum guinea pig standards. Englands registration authority is Office for Standards in Education, Childrens runs and Skills (OFSTED). The Social workers and the social care work cannot function without having satisfied the above requirements. As a social worker or a social care service provider, there is a exigency to have knowledge to avoid prosecution by LawThe health and social care Act 2012 This quantity was agreed upon by both(prenominal) houses and obtained the Royal Assent on the 27th of March to become an act of parliament. The bill created an independent National wellness Service Board to publicise choices made by the patients in regard to their health issues and reduced the judicial system tool of the National health Service. A National Health Service Board was also created to allocate resources and provide guidance on fit of social care services. Powers of the governments ability to commission services on behalf of patients were increased. The function of the Care Quality Commission was strengthened and atom 209 of this Act amended. The powers of the bare-assed law under Section 60 of the 199 Act gave her majesty the power by order in the council to regulate social workers and social care practitioners of England. This lay the role of social workers and the role of social health care providers directly under her majesty (Britain 2012, p. 9). This Act placed a lot of Significance on Social Care services being provided in the United Kingdom. A consideration on the great(p) social care was emphasized. For example, allowing the transfer of public health to the local governance through local health and the well being boards. Various new bodies have emerged such(prenominal) as the Local health watches which have a function of checking on health and the social care standards.Childrens Act 2004. In England, the law protects the right of children. Section 11 and 12 of this Act places a statutory commerce on all agencies to co-operate and promote the wellbeing of the children. The government guidance for social workers and other professionals that interact with children is that the social worker has a duty of keeping the children safe. There should be constant feedback to the children social care local authority on suggestions and assessment and lastly all person who has a role should not think that he/she has the compulsory right to the childs needs. Professionals sometimes fail to report the abuse and neglect cases do not face penalties for crime until now they susceptibility be subjected to professional disciplinePublic Services (Social Value) Act 2012 The bill got a Royal Assent on 8th of March. The bill aimed to give strength to the social enterprise businesses sectors and make relevant the concept of social value and its importance in the placing and providing of public services. With this bill a National Social enterprise strategy was created to encourage the engagement in social enterprises. The local government act 2000 section 4 was then required to have a sustainable community strategy proposal that promote the engagement of social enterprise in their areas.The Local Authority Social Services Act 1970 This Act brought together the different subject areas of social work into a single Social service department in every local authority. With this establishment, an emphasis was laid on a co-ordinated and spatiotemporal system 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 domestic aid, residential accommodation and unpaid services.Care council of Wales All 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 complainants procedure. just about other features accessed include consultation services, annual 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 region. It is easy to see to it a genuine worker and avoids imposters who might be out on criminal activitiesCare and Social Services of the inspectorate of Wales This is a body mandated to adjust and ins pecting 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.Rights and freedoms of Social workers and limitations return to discipline manduction Social work is a professional duty. When dealing with children, England places emphasis on effective entropy sharing between the local agencies and the social workers on identification and assessment of service provisions. These are defined in workings together to safeguard children (PDF). Under this guidance, paragraph 1.24 states clearly that fears that arise on sharing personal information should not hinder promotion of a childs welfare and gumshoe. All social workers and social care provider thus are required to h ave an efficient information discernment process to avoid a scenario of neglect in accept that another individual will do the task.Limitations to this guide These provisions however do have limitations. In Waless guidance on information 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 The safety and welfare of a child or young person must be put into consideration first when making decisions about sharing information about them and that must be superseding public interest in revealing the information. The guidance then further goes on to give the sort forward in sharing on information. Paragraph 14.6 states that the best way of ensuring that information sharing is properly handled is to work within carefully worked out information-sharing protocols between agencies and professionals involved, and taking legal advice in eac h case where necessary.Guide to Loss and defile Social workers have been mandated with a legal duty of caring and service providers. In essence these role places the employers with responsibility of give up damages their employees suffer while in line of duty. In the number 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 mental damage. While this is the case, the law prohibits the suing of social workers when performing certain statutory functions equal safeguarding children. Employers need to understand the times which their employees may be liable to protection under the law and when not.Legislation on discrimination on ain concealment In line of duty, social workers provide aid services. In order for them to carry out these functions effectively, it is paramount for them to have knowledge of the sight of legislation that protects individuals for discrimination basing on their gender, age, sexual orientation, religion, disability or ethnicity. These are domestic laws of the United Kingdom and are complemented by European chemical formula on human right which protects the citizens of the United Kingdom against unjustified state interference with their life. It is always possible for government and social work agencies acquiring into peoples life when they are not willing. In this event then the public can resort to the human rights protection of privacy and autonomy. Social workers and social work agencies need to have knowledge of the rights and privileges allow 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 contravenedThe clement rights Human rights are legal obligations that are to be adhered to universally. Human rights are defined as the universal right to standard l iving that is adequate for healthy and well being of individuals and their families.(Roosevelt 2000, p.5). These are also embodied by spherical social work perspective by stating that The struggle for dignity and radical freedoms, which allows for the full development of human potentials, boils down to two words human rights.(IFSW 1996).The presence of this law, social work in the United Kingdom is choke 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 accept the culture and laws of a state or region in which he/she is working in.Conclusion Social work and social care has a pivotal role in service delivery to the society. This view cannot go unnoticed. The values, ethics of social work such as respect for humanity, equality and service to all have compete a major role in helping th e less let 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(a) laws not only to check but to guide the professionals in their field of work. These laws have been defined in various Acts of parliament, Scholarly 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 operation to uphold, these laws and various publications have play a major role. However the legal stipulations have also had a negative side of the story being felt where they have had to strangulate the operations of social workers and social care practitioners. Technological advancements and constant reviews of challenges that have risen in the working environment of this profession I intend can act as a catalyst to new ideas to see to it this noble profession to greater heights in the United KingdomReferencesBRITAIN, G. (2012). Health and social care act 2012 chapter 7. S.l., Tso.BRAYNE, H., & CARR, H. (2012). Law for social workers. Oxford, Oxford University Press.BRITAIN, G. (2012). Health and social care act 2012 chapter 7. S.l., Tso.BARNARD, A., HORNER, N., & WILD, J. (2008). The value base of social work and social care. Maidenhead, England, Open University Press.ROOSEVELT, E. (2000). Universal declaration of human rights in English, Spanish, French, Chinese, Russian, Arabic. Bedford, Mass, Applewood Books.HEALY, L. M. (2008). International social work professional action in an interdependent world. Oxford, Oxford University Press.REAMER, F. G. (2006). Social work values and ethics. New York, Columbia University Press.BERNSTEIN, P. (1997). American work values their origin and development. New York, State Univ. of New York Press.BANKS, S. (2012). Ethics and values in social work. Houndmi lls, Basingstoke, Hampshire, Palgrave Macmillan.(2004). Children Act 2004 Explanatory notes. S.l., Stationery Office.Source document