Using an example of an organisation, identify how the change in legislation was implemented and evaluate the impact of this on the service delivery

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Using an example of an organisation, identify how the change in legislation was implemented and evaluate the impact of this on the service delivery

                                                                                         2034

Our role as social workers is one of an empowering nature; we are or should be committed to equality and re-establishing equal power bases.  

Promotion of independence is fundamental to our role, for this reason I have decided to look at the implementation of the Direct Payments scheme, for disabled people; brought in under the Community Care (direct Payments) Act 1996.  

This was brought in as legislation,  because of disabled peoples pressure groups, and in order to  give disabled people further ‘independence and choice’ (Abbot, D (2003))  further to this the Disabled Children Act 2000 extended the access to Direct Payments to 16 – 17 year old disabled people.  

Within this paper I will analyse the role of social services departments for disabled people before and after the implementation.  In analysis I will identify issues that have arisen from this change in relation to the organisation of social services, the social workers and service users, analysing issues of interpretation, and cultural change.  

The legislation empowered local authorities to set up ‘Direct Payment’ Schemes for disabled people that are entitled to community care services, under the community care act but discretion was given to local authorities on how to implement it. (Community Care, (1999) sept, 8th).  

Because of this discretion the take up and the manner of take up to the scheme differed which resulted in very little movement for a number of years.  

Husler (no date given) states ‘this legislation is permissive, which means councils can not ignore it, but they have discretions on how to implement it’ (Ibid).  This lack of guidance to implementation led to discrepancies in the implementation of the Direct Payments scheme

Prior to the implementation of the direct payments scheme, the role of social services was to assess the needs and risks of the disabled person, and through this process of assessment seek to minimise or control risk and elevate need.  

This was done through the provision of services directly controlled or distributed from central government of local social services departments.  

We see in this situation the relationship of power was one of retention by the social worker within a culture of ‘Role’ and ‘task’ rather than person.  Although many would argue with this point and  state the cultural work base of this time was one of a ‘person’ culture as defined by Burnes (2000)p.164), where the service users needs and wishes are prominent with the minimisation of the structural highrachy base.  Handy (1986) would disagree with this notion and further argues that western organisations work predominantly from a role or task orientated cultural work base.  This is evident in many of the recently published documents on working practices and guidelines on legislation interpretation, such as the ‘Working Together Document 2000 and the Assessment Framework 2000.  

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Further, if look back to the development of the social services and the then Charity Organisation Society (COS) founded in 1869 we see evidence of similar practice in relation to current assessment of needs.  This was also done by a COS worker who made judgements based on his of her knowledge, this is clearly an earlier form of means testing (Glasby & Littlechild (2002)).  From this assessment a payment was given to the person or which then was referred to as ‘relief.’  

This was technically abolished in 1834; it continued to be paid in practice well into the ...

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