Module ~ Law for social workers
Module ~ Law for social workers
Assignment
Emma Simpson is twenty five years old. She has two children: Jason aged five and Sophie, aged eight. Sophie has cerebral palsy, has difficulty in walking and feeding herself. She is frequently distressed during the day and night because of double incontinence. She attends a special needs school as a day pupil but has been offered a residential place.
A year ago Emma was evicted from her privately rented accommodation for rent arrears and moved in with her boyfriend, John, who holds a council tenancy. John works as a bus driver and has supported Emma and her children. Recently the relationship has deteriorated and John has threatened Emma and lost his temper with Sophie on a number of occasions.
Emma wishes to break off with John but is worried about how she will support herself and her children and were they will live. She has been told that the council will not help her because of she was evicted for rent arrears. She is also in a quandary about weather to accept the residential place for Sophie at school.
Task
Advise Emma on her options regarding housing, personal safety, means of obtaining an income and how her choice regarding Sophie's schooling might affect this.
Your answer should demonstrate an awareness of the following
(a) priorities concerning urgent and less urgent need
(b) possible differences in approach by social workers and lawyers
(c) referrals
(d) Specific legal remedies.
Description of case example and discussion issues arising
In brief, 25 year old Emma Simpson is mother of two children (Jason aged five and Sophie, aged eight). Sophie has cerebral palsy and difficulty with walking, feeding herself and the distressed of double incontinence during the day and night. Sophie attends a special needs day school and has recently been offered a residential place. Emma and her two children currently reside with Emma's boyfriend john after being evict from her privately rent accommodation one year ago. However the relationship has recently deteriorated, john has used threatening behavior and lost his temper on many occasions with Emma's daughter Sophie.
Emma wishes to break up with john, the council have informed her that they will not help her because of she was evicted for rent arrears. Emma now has concerns regarding housing and support for herself and her two children
(Full case study included in appendixes)
Introduction
The role of the social worker in this case may be multi-dimensional. Tasks will involve advising and assisting Emma on issue relating to (a) housing, (b) personal safety, (c) means of obtaining an income, (d) how her choice regarding Sophie's schooling might affect this.
A social worker in this situation may be called upon to acting as an advocate in the main, but must also act within a legal framework, to protecting the rights of their clients and apply anti-discriminatory whilst deploying there statutory duties.
Advising Emma -In advising and assisting on the issues in this case it is important to address the legal framework, relevant legislation and policies that may offer guidance, possible solutions as well as impose duties and responsibilities on the role of any professional bodies involved. Powers and responsibilities - also need to be balanced by rights
In relation to social work the firmest obligatory codes of practices come from the Local Authority Social Services Act 1970 section 7(1) stating that local authorities should "act under the general guidance of the Secretary of State". Current departmental policy and practices should be in accordance with the Children's Act 1989, Community Care legislation, The Family Law Act 1996, The Human Rights Act1998 affective from October 200. other acts they are relevant to this case are, Chronically Sick and Disabled Persons Act 1970,
Careers (Recognition and Services) Act 1995
Disabled Persons (Services, Consultation and Representation) Act 1986
Disability Discrimination Act 1995
Health Services and Public Health Act 1968
Mental Health Act 1983
National Assistance Act 1948, National Health Service and Community Care Act 1990
Thus any discussions or acts undertaken by a social worker in relation to this case should be in full recognition of these acts and there legal responsibilities.
Priorities
Some of theses issues gain higher priority from a welfare rights perspective.
The first step for a ...
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Careers (Recognition and Services) Act 1995
Disabled Persons (Services, Consultation and Representation) Act 1986
Disability Discrimination Act 1995
Health Services and Public Health Act 1968
Mental Health Act 1983
National Assistance Act 1948, National Health Service and Community Care Act 1990
Thus any discussions or acts undertaken by a social worker in relation to this case should be in full recognition of these acts and there legal responsibilities.
Priorities
Some of theses issues gain higher priority from a welfare rights perspective.
The first step for a social worker is to listen to there client and take as real the concerns of there client. The social worker must then seek to act in a way appropriate to the situation. Of primary concern in this case would be the personal safety of Emma and her children in relation to their current housing situation.
Social workers should be able to offer information and advice concerning protection, access to voluntary support agencies, police powers, housing and how to obtain legal advice from an appropriately experienced solicicitor (family law). If the situation is considered to be at a point of crisis Emma may need to access all of the services available at one time.
Domestic violence
The family law act 1996 part IV - relating to domestic violence provides a number of remedies for the protection of individuals and in the regulation of housing occupation. To assisting people who were married or cohabiting) to people who live in the same household. The two kinds of orders which the court can make are:
* occupation orders to enforce an applicant's entitlement to live in the home and regulate its occupation by, for example, stopping someone entering it for a period of time
* non-molestation (injunction) to protect from further violence or harassment
A power of arrest may be attached to the orders if "the respondent has used or threatened violence". (70 % breach rate survey by Radford et al 1999).
Protecting Emma and her children in this case referrals may need to be considered.
The police in many areas of the country have developed policies with local authorities, relevant voluntary agency's and refuges with the intention of working together to help women to gain access to the most effective and appropriate help available.
After the immediate crises are dealt with she may then need help with long term arrangements for housing etc.
As a social worker the housing situation therefore may not appear to be the real problem rather the behavior of the partner is of major disturbance.
The role of an advocate is to secure the best out come for there client. Different agencies may seek to achieve through different approaches using a variety of means and methods.
Emma would needs to secure a means of income, offering Emma welfare rights advice would also be of high priority. Emma may already be in receipt of some benefits such as child benefit. However Emma must make immediate claims for those benefit that she is entitled to and not already in receipt of as claims for benefits such as income support may take 30 days to be processed and connot be backdated. Social workers are in a position to offer Advice and assistance in the claiming process help in dealing with any problems that may arise, and challenging any wrong full decisions such as dubious refusals of benefit. However if Emma's case proved to be less than straight forward in any of these respects and required help beyond the competence level of the social worker, appropriate referrals would need to be made.
Housing is of particular concern as in Emma's case her housing situation is linked with issues of her personal safely and the safety of her daughter Sophie. With regard to housing recommended practice guidance comes from the housing Act 1996/7 part vii. Duties contained within the act include "the duty to provide advice and assistance" (s192 & s190). Applications for assistance and homelessness may be made through any department that has "reason to believe a person may be homeless and in need of priority housing" (s184). In Emma's case social worker may also need to produce evidence of her vulnerability.
Housing Benefit
Since October 1996 any new applications for housing benefit will have their benefits paid 4 weeks in arrears. This means if you are moving into new accommodation not only will you have to find money for the deposit, you will also have to find money to pay the first months rent as well until you or your landlord receives the housing benefit. Housing benefit can be paid direct to your landlord.
If you have rent arrears of more than £200 then housing benefit will usually be paid to your landlord direct. If you were entitled to claim housing benefit in the past and you did not claim you can make a claim and ask for the payments to be backdated.
From October 1996 rent officers have been able to set a new level of rent known as "single room rent". If you are living in a bedsit or shared flat or house and are under 25 with no children this could apply to you. The rent fixed by the rent officer could be lower than the rent your landlord is charging you.
If there is a risk that you could become homeless because you cannot pay the full rent you can apply to your local housing office for "exceptional hardship payment".
Single room rent does not apply to tenants of a Registered Housing Association, married couples or other couples living together, tenants with children or tenants who are under a care order and are 16 or over, but under 22 years of age.
Section 175(3) of the housing act 1996 defines someone as statutorily homeless if it is unreasonable for them to continue to occupy there current dwelling.
Section 189(1)(c) defines someone as having priority need if they are vulnerable as a consequence of age illness of physical or mental handicap.
Issues for social work practice
Social workers must remain informed of the legalities concern their role and the rights of the client as well as there own limitations.
In this situation social workers in their role are not only legally obliged but are well place to refer clients to organizations and services witch can best meet their needs. Such as community legal service established under the Access to Justice Act of April 2000, provide a network of services on offer to clients.
Possible differences in approach by social workers and lawyers
There are significant differences in the professional education, training, expertise, practice and professional ethics and values of lawyers and social workers.
Lawyers provide legal advice council, representation, and advocacy on behalf of the individual client, in private legal settings and public arenas. The professional expertise of lawyers is in the main constrained to legal issues, those involving the identification, interpretation and application of relevant legal rules and concepts. The pursuit of social justice is not among the direct aims of the legal profession nor is it an obligatory function of a lawyer's role.
Social workers professional value base and ethics lead them to employ for example a systems theory approach whereby they consider as relevant all aspects of a client's life, and view clients in relation to their social environments. Social workers consider not only the immediate problems face by a client ( as a lawyer may do ) but also the "system" within witch the client may exist - family, community, and other social and economic factors that may effect the client, such as poverty, discrimination, and education and employment opportunities.
There are some similarities between the two professions and often a co-dependant relationship in carrying out their statutory duties however this relationship can also at times be conflictual.
Both social worker and lawyer act within a legal framework to defend and advocate on the behalf of their client. However the broad focus of social work duties and responsibilities and the variety of ways by witch referrals are received often make the task of determining a specific client difficult. In this case the client may be Emma or her daughter Sophie; social workers may become obliged to act under the children's act in the interests of the child.
Lawyers may also spend a much shorter and more narrowly focus time with their identified client carrying out highly specialized and specific tasks, dealing with the legal often more immediate needs of their client. However social workers are likely to remain involved after all statutory requirements of the lawyer are fulfilled. Social work responsibilities mean the social workers are not only obliged to ensure that the immediate needs of the client are meet but the longer term issues that may be affecting the client are also addressed.
In this case
Remedies
APPLYING THE LAW
In terms of the social work role an assessment of needs relating to community care services would be required. National Health Service and Community Care Act 1990 are particularly relevant to assessment for community care services. Section 47 specififically deals with assessment Assessments should be:
* carried out as a first and separate activity before deciding how needs should be met
* therefore must be 'needs-led'
* the assessment process should be as simple, speedy and informal as possible"
* the social services department must give reasons if it decides not to carry out an assess
Top of Form
ASSESSMENT
Who is the client
In this case Emma herself is not disabled. She is actually asking for services on behalf of her daughter, so that she may indirectly benefit, by being under less strain. This raises a number of ethical and practice issues
The question remains: what legal right does Shirley have to ask for an assessment?
The answer to this partly depends on whether she is to be regarded as a career and thereby acquire rights under the Careers (Recognition and Services) Act 1995. For if she is a career she would have the right to request an assessment before the local authority makes its decision on the provision of services.
A career is entitled to an assessment providing:
* they are providing private care
* they are providing regular and substantial care (regular and substantial to be interpreted in accordance with policy guidance)
A career for the purpose of legislation includes a young carer looking after an adult, and someone caring for a disabled child. Note, however, that assessment here is of the carer's needs running alongside the assessment of the person being cared for. Legally, the two assessments are in tandem; the Carers (Recognition and Services) Act 1995 does not provide carers with the right to assessment independent of the person they are caring for.
A disabled person is defined under the act as
"..Persons who are blind, deaf or dumb, (or who suffer from mental disorder of any description) and other persons who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed by the Minister."
Section 29(1) National Assistance Act 1948
And these persons have the right under section 4 Disabled Persons (Services, Consultation and Representation) Act 1986 to be assessed. As Emma is Sophie's primary career she would have the right to request an assessment before the local authority makes its decision on the provision of services Careers as provided by the (Recognition and Services) Act 1995.
* Who is entitled to an assessment?
* How is the assessment to be carried out?
* What services might be offered on the basis of the assessment?
* Who provides those services?
* What rights do people have after they have been assessed?
* Can services be withdrawn once they have been provided?
PROVISION OF SERVICES
What services might be offered on the basis of the assessment?
So having established that Shirley's mother would be entitled to an assessment, we might then ask happens after the assessment? After all, the purpose of the assessment is presumably with a view to providing services. So what services might be offered in the basis of the assessment?
At this point you may find it helpful to refer to 38-42 of the course core text as the detailed list of services are not provided here. The principal kinds of services provided are:
Residential accommodation section 21(1)(a) National Assistance Act 1948
Domiciliary or day care services for people who are "disabled" such services being provided under directions relating to section 29 of the National Assistance Act 1948 or else in accordance with section 2 of the Chronically Sick and Disabled Persons Act 1970.
REMEDIES FOR PEOPLE WHO HAVE BEEN ABUSED OR NEGLECTED
In addition to the law regarding domestic violence, it may be worth noting that there is also the possibility of using the law of trespass and assault in order to secure compensation. However, the potential benefit of this is debatable
Contents
* Introduction
* Discussion of issues arising from the case example
* Advising Emma - priorities
* possible differences in approach by social workers and lawyers
* Issues for social work practice - possible differences in approach, referrals, and problems as listed below
* Legal framework and solutions - Specific legal remedies discussed not only for a context within witch to understand the problems in dealing with clients like Emma but also as a resource for solving those problems.
* Summary and Conclusion
References:
Bibliography:
* The Law and Social Work contemporary issues for practice, Edited by Lesley-Anne Cull and Jeremy Roche, 2001, The Open University, published by Palgrave
* Department of Health (2000) Assessing Children in Need and Their Families: practice guidance. A guide for social workers undertaking a comprehensive Assessment, pp.88-93. HMSO London.
* Elliott, C. and Quinn, F. (2000) English legal system, 3rd ed. London; Longman
* Folder and hand out as described in class
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