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Thursday, February 21, 2019

Carer’s and UK social work law Essay

C atomic number 18rs unavoidableness support from the civil honor, non punished by the bend normal of faithfulness. To what tip do you consider the honor treats attendingrs? Carers confound become an essential facial expression in the lives of the UK citizens. A carer tush be referred to as anyone who cares, unpaid, for a chum or family member who due to illness, disability, a mental wellness problem, or an addiction cannot cope with disclose his or her (carer) support. at that place are various reasons tooshie any individual taking on caring are varied, notwithstanding can contain causes much(prenominal) as Serious physical illness, semipermanent physical disability, Long-term neurological conditions, Mental health problems, Dementia, Addiction, Learning difficulties. alone as the reason why well-nighone becomes a carer varies, the same is the show shield for the tasks that a carer fulfills. These tasks include practical house hold tasks, personal care and emotional support among some(prenominal) former(a)s. Just like any early(a) individual in United Kingdom, the carers pick ups treasureion by the rightfulness especially the civil law and not being subjected to punishment by the criminal law. The justice system in the United Kingdom is the chemical mechanism that upholds the rule of law. The countrys courts provide a forum that is court-ordered in resolving disputes as well as to test and implement laws in a thinking(prenominal) and fair manner. Moreover, the courts system has formed the grounding for the solving of any disputes and law breaking offences in the community and at all levels (Swain & Rice, 2009). Law and kindly put to use have become an all important(p) aspect in the United Kingdom favorable set up. It refers to the crossover point between the carrying out of the communal take to the woods and the legal br another(prenominal)ly system in the country. This includes components of the legal system such as the legal establishments (prisons and courts among others), case law, and legal experts such as the judges, attorneys, forensic experts, paralegals, and alternative dispute resolution, among many others. Law plays numerous significant roles in the carers practice of hearty reach. For example, from an environmental viewpoint, the legal structure is an essential part of any clients companionable setting. Numerous favorable work clients are concerned with legal structures, such as criminal justice, baby bird security, or mental health. Carers carry to be sensitive of the laws that turn backs or regulates every structure so as to help clients steer their vogue through and through these structures more efficiently, and to be loose of advocating for law improvement to improve the integrity of fit linking clients and their socio-legal surroundings. In addition, laws likewise oversee loads of interactions of interest to social work clients (McIvor & Raynor, 200). These include relationships such as tenant/landlord, employer/worker, patient/physician, children and parents as well as client/vendor among others relationships. Hence, familiarity of the law ought to give practitioners with a realistic perceptive of their clients rights and responsibilities in a wide variety of social relations. Subsequent, organization-specific laws regulate a design of social agencies such as the hospitals, social assistance, schools, mental health facilities, punitory institutions, and other social agencies. Organization-specific laws may order who is qualified for runs, principles for record kee reeferg, privacy, and other client civil rights (McIvor & Raynor, 200). Carers or better still Social workers have to comprehend these laws in turn to necessitate sure that their organizations abide by the laws, and to be able to advocate for modifications in the law so as to encourage better and bigger economic and social impartiality. Thirdly, different laws control the occupation of social work itself. Mostly in that respect are licensing and/or authorization laws that control the carrying out of social work, as well as who possibly will practice and what value of performance are licitly allowed for them to perform. Carers should overly be conscious of unprofessional conduct or (tort) bylaws that make out when a carer may be legally accountable for inducement injury or harm to a customer if they carry out their practiced duties in an approach that falls below a rational level of care. In summary, some carers has their work in forensic surroundings, conducting examinations, valuation, and discourse for clients involved in court or other legal systems. such settings include probation, prison, child custody assessment, and uncontrolled committal to mental health foundations (McIvor & Raynor, 200). Despite being vital in the governance of any country, there is great difference between the civil and criminal law. The twain are d ifferent as well as broad components of law with trenchant of laws and punishments. The disparity stuck between criminal law and civil law is reflected on the two varied objects which law seeks to practise, put right or penalty. The grammatical constituent of civil law is the putting right of wrongs through by bruising compensation or repayment the offender is not penalized he that undergoes so much harm as is indispensable to make intelligent the wrong he has done. The person who has suffered gets a specific benefit from the law, or at least he avoids a loss. Alternatively, in the case of crimes, the of import objective of the law is to discipline the reprobate to give him and others strong enticements not to commit same or similar crimes, as well as to change him preferably and also satisfy the globe sense that wrongful conduct ought to meet with revenge. For example, the criminal law entails cases such as burglary, assault, murder among others go the civil entails aspects such as malpractice and negligence (Swain & Rice, 2009). Over the time the social work and the law in United Kingdom has come along together forming a relationship where one cannot do without the other. The law calls for a must registration of the carers in one of the many registers organizations in the country. This allows for the impressive protection of the carers by the law. This has brought along a clear understanding of the law and in turn defining what is honourablely right for the caregivers in their work. The social law has called for Carers need to recognize diversity in the caring services. Respecting and Valuing service users, irrespective of, for example, their ethical definitions, gender or age is central to small practice by the . It is also more or less workings in a way that counters the unfair or unequal treatment of individuals or groups on the basis of their race, gender, class, age, culture, religion, sexuality or ability. There is a growing consisten cy of law that seeks to prohibit and punish a range of discriminatory carriages in various kinds of social setting, for example in the provision of services and in employment opportunities. For social workers, valuing diversity entails more than this. Social work professionals need to be aware that there are structural dimensions to discrimination. The law defines what the carer ought to come after when offering their services to their clients. One of the key aspects that they are supposed to see is the need to protect the rights and support the interests of service users and carers. In addition, the law also requires the carers to strive towards establishing and maintaining the confidence and self-assertion of service users and carers or themselves. Other demand by the law to the social care givers include promote the freedom of service users while protecting them as far as practical from danger or harm. Valuing the rights of service users whilst in search to ensure that their behavior does not hurt themselves or other masses. Endorse worldly concern trust and confidence in social care services, and also be e responsible for the quality of their work and take responsibility for maintaining and improving their intimacy and skills. Social work is a responsible and demanding job. practicians work in social settings characterised by enormous diversity, and they perform a range of roles, requiring different skills. cosmos expectations, agency requirements, resources, and the needs of service users all create pressures for social workers. The public receives only a snapshot of a social workers responsibilities and, against a background of media concentration on the sensational, the thousands of successful outcomes and years of enceinte work in childcare and with vulnerable adults are never considered. In intervening in peoples lives, social workers face practice dilemmas arising from the relationship between social work values and the law (for ex ample, working to promote the rights and self-determination of service users and having to balance this with the need to protect them and to protect the rights of others (Swain & Rice, 2009). The relationship between social work and the law is part of an current debate. There are those who adopt a legalistic model and argue that the law, reflected through court orders, is central to social work practice (for example, Blom-Cooper, 1985). Others have argued that over-reliance on the law bewrays to address the problems people face and may even alter them. This seems to present a dilemma for practice. The growing importance of the law in social work practice and decision-making is reflected in the training requirements for professionals working in the field of social work (Department of Health, 2002). Yet it is essential that alongside this there is a value base with an emphasis on principles, such as partnership, equality, and empowerment, which must inform good practice (Bashir , 1999). Over the past two decades, there have been a number of events that raised serious questions regarding social work practice. There has been fierce debate in relation to child protection issues, the changes inwardly the criminal justice system (for example the introduction, by the Crime and Disorder Act 1998, of anti-social behaviour orders) and the effectiveness of community care. There have been well-documented tragedies and errors of judgement (Blom-Cooper, 1985), apparent over-zealousness such as in the Cleveland procedure (Butler-Sloss, 1988) and the misuse of power in residential care in the pin down affair (Levy and Kahan, 1991). For many professionals in the field of social work, the furtherance surrounding these and other events has led to a feeling of crisis. Social work as a profession has frequently been under attack since the mid-1980s, and this has undermined the publics awareness of social works successes. For example, one of the observations about t he Children Act 1989 was that it was based on current best practice at bottom social work at the time, though such practice was not sufficiently widespread. The Act represented a new start for children, families, and other professionals working with children by radically changing the legal poser regulation the care and upbringing of children (Hardy and Hannibal, 1997). No legislation or legal framework can remain static, however, and because of reviews and enquiries such as the Victoria Climbie Inquiry wrap up (Department of Health and Home Office, 2003), the Children Act 1989 has been significantly updated, and the way in which it is interpreted, resourced and enforced has been strengthened (Braye & Preston, 1997). The law is one way in which established still discriminatory practices can be and are scrapd. At the same time, however, the law can be seen as adjunct of the prevailing social order, determine by dominant forces that perpetuate inequality and injustice. Ne vertheless, there are some key values embedded in legislation that are supportive of social work values. For example, the Human Rights Act (HRA) 1998 incorporates the provisions of the European prescript on Human Rights (ECHR) into UK law, with the result that the principles enshrined in the articles of the ECHR are directly relevant within the UK. These principles include respect for family privacy (Article 8) and an insistence on adjectival fairness in the resolution of disputes (Article 6). Further, Article 14 aims at ensuring that the rights contained within the ECHR are secured without discrimination on any ground. The impact of the HRA 1998 on social care and social work has already been considerable (Bashir, 1999). Thus, it is important to clear that the law expresses some values that accord with social work values and can help you to work in a positive way to support and empower service users. However, it is also important for social work practitioners to be aware of the ways in which the law can fail people. For example, there is little legislation to protect adults who are vulnerable through age. Community care legislation may provide that certain people are entitled to an assessment of their needs, but this is largely at the fineness of the local authority and it can be difficult for service users to challenge such decision-making (Bashir, 1999). Although agency policies and procedures also set parameters within which discretion is exercised, a lot the individual social worker makes the initial decision. This choice will be influenced by a range of factors, including the knowledge and understanding of the social worker, his or her experience of similar situations, the viability of available options including the law and ongoing policy and the social workers own values (Braye & Preston, 1997).Conclusion Social work practice is based upon assessments of situations and decisions about strategies to be adopted. Sometimes there can be a tension between the law and working within social work values the law provides the framework for practice. In the beside section, you are going to examine the legal structures and processes within which social work skills are applied. In summary, it is vital for the civil carers to have support from the law and most importantly from the civil law and the social work law in United Kingdom, and not to be punished by the criminal law. The law forms the framework of all the actions carried out by the carers and in turn, it kind of than being punished should protect them.ReferencesBaker, C. (ed.) (1998)Human Rights Act 1998 A Practitioners Guide, London, Sweet andMaxwell.Bashir, A. (1999) Working in racist Britain,Community Care, 2127 October, p. 26.Biehal, N., Clayden, J., Stein, M. and Wade, J. (1992)Prepared for Living? A Survey of Young bulk Leaving the Care of Three Local Authorities, London, National Childrens Bureau.Blom-Cooper, L. (1985)A Child in Trust The Beckford Report, London, London Borough ofBrent.Braye, S. and Preston-Shoot, M. (1997)Practising Social Work Law, Basingstoke, Macmillan.Brechin, A. (2000) Introducing sarcastic practice in Brechin, A., Brown, H. and Eby, M.A.(eds)Practice and Health in Social Care, London, Sage.British Association of Social Workers (2003)Code of Ethics for Social Workonline.www.basw.co.uk/articles Accessed 12 September 2005.Butler-Sloss, E. (1988)Report of the Inquiry into Child Abuse in Cleveland, London, HMSO.McIvor, G., & Raynor, P. (2007).Developments in social work with offenders. London JessicaKingsley.Hayes, D., Humphries, B., & Cohen, S. (2004).Social work, immigration and asylum Debates,dilemmas and ethical issues for social work and social care practice. London Jessica Kingsley Publishers.Swain, P. A., & Rice, S. (2009).In the shadow of the law The legal context of social work practice. Annandale, N.S.W The Federation kettle of fishSource document

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