Social_Work_Law

Law for Social Work, Ethical Dilemmas and Decision Making The Abraham Family Genogram Fig. 1 Introduction Throughout Social Work’s history to date, it is evident that the relationship between law and Social Work has become more relevant for those currently in practice alongside those that Social Work aims to assist and support. Johns (2003) has argued that without ‘in-depth’ knowledge of the law, it is impossible to practice effectively. The law that applies to Social Work is an ever evolving area, often revised and implemented in response to the misfortune of those whom the system has failed to protect. Many lessons have been learnt from these past mistakes, such as the tragedy of Victoria Climbié, from which the report produced by the Lord Laming Inquiry (2003) highlighted the many areas where Social Work needed increased improvement and regulation due to Lord Laming’s findings that ‘basic good practice’ (para. 1.17) was all that had been needed to protect Victoria from her horrific death. Although Lord Laming’s report found that the legal framework for child protection was ‘fundamentally sound’, it drew attention to the gaps that were evident in its implementation (Brammer, 2007). Following this, we have seen a revision of the Children Act 1989, with an additional Children Act taking effect 2004, and the creation and implementation of the ‘Every Child Matters’ (2003) document with its ethos based around five key areas; • Be healthy • Stay safe • Enjoy and achieve • Make a positive contribution • Achieve economic well-being intended to be followed by all those working with children today. We now know that greater consideration is required when trying to anticipate the impact we have when carrying out Social Work duties and responsibilities. For example, when investigating a potential child protection case, we now have a duty to evaluate all the available information, conducting an in-depth assessment, set against the Common Assessment Framework (DoH, 2000) (see Fig. 2), addressing the child’s fundamental needs, the carers parenting capacity and the relationship with extended family and the wider community (Munro, 2007), presenting us with a more holistic assessment. Today, with more procedures in place and lessons that have been learnt from past cases such as the Cleveland Inquiry, where it was found that children had been removed to quickly from their parents, whom were given little rights around the treatment of their children, a greater emphasis is placed on building evidence (Munro, 2007) and information sharing and keeping decisions transparent. One of the basic aspects of The Children Act 1989 is that “children’s wellbeing is best promoted by encouraging and supporting them to live with their own families, and everything should be done to support this” (Johns, 2003 P. 55) and we should always give substantial consideration when using the law in investigating allegations of abuse and the possible outcomes that ought to benefit the children in question, whilst continuously prioritising the child’s safety and best interests at all times. Assessment Framework Child’s Parenting Developmental Capacity Needs Family & Environmental Factors Fig. 2: The Framework for the Assessment of Children in Need and their Families. DoH (2000). Initial Considerations / Pre-assessment In respect to this case study of The Abraham Family and the allegation of abuse, a Social Worker should consider all the known facts and attempt as far as possible to keep from making assumptions, whilst attempting to ascertain adequate information from all parties as swiftly and professionally as possible. I will also discuss how the law can be applied to each family member when striving to keep them safe and attempting to empower them by increasing their choices and access to services in line with the GSCC Codes of Practice (2002) point 1.1, treating each person as an individual. Consideration should be given to a variety of ethical issues and dilemmas encountered along the way due to the nature of the legal frameworks and in keeping with an equitable Social Work approach, based on the acceptance of our individuality and differing belief systems, where reflection upon this is necessary. Issues of an anti-discriminatory and anti-oppressive nature are an area of concern when working with an ethnic minority family as oppressive practice can be prevalent. I will try to demonstrate how the Social Worker could promote good practice in these areas with thought and empathy and with the guidance of the General Social Care Council’s Code’s of Practice (2003). The legislation set out in the Children Act 1989 dictates to us that in the case of The Abraham Family referral there would be a duty to investigate as directed by the law, as opposed to a power to investigate, as a clear disclosure of abuse has been made by Mary, which would lead us to a Section 47 enquiry. When initially evaluating this scenario, it is easy to make a number of presumptions about family members, falling into the use of stereotypes or making value judgements. With this in mind, it is essential that any assessments or interventions are not coloured by our own preconceptions of that which has not been fully explored and also to challenge this in others. It is inevitable that at times our own values will come into play when working with a very emotive situation, but a neutral stance can be seen as a pre-requisite to working with others at all times. Another preliminary consideration would be around information gathering as it is argued that Social Workers need to be efficient around this in order to be competent in using the law (Braye & Preston – Shoot, 1997). This would be especially important when planning the way in which information would be gathered from a child such as Mary, who is very young and vulnerable and would need to be interviewed with that in mind as outlined in point 5.64 of the ‘Working Together to Safeguard Children’ (DoH 2006) document whereby we interview Mary after all other information has been gathered, using child focused language, in a safe place. Another area to consider would be that of translation. We are aware that the mother does not speak any English and it is not clear as to the Grandfather’s abilities, so prior to conducting any interviews the Social Worker would need to ascertain whether the services of a translator are required. According to Cornwell (Cull & Roche, 2001), in order for a translation to be used effectively we would need to consider the way in which we ask each question, using uncomplicated and straightforward questions which can be translated without confusion. Roche also sights the use of translators as being based on good anti-discriminatory practice and commitment to equal opportunities and argues that family members are not an appropriate choice for translation as they may not give impartial advice and it may encourage the interviewee to suppress information. I would propose that to deal with the information surrounding this case impartially a Social Worker could utilise a ‘Rogerian humanistic approach’ of unconditional positive regard and empathy with the clients’ views of the world ( Payne, 2005) which would could help to obtain real facts and facilitate an open and honest dialogue. This is also reflected comprehensively in the GSCC Codes of Practice (2002) point 2, where as Social care Workers, we must build trust and confidence with service users. Mary Senai (Third child, aged 6) Following the Abraham families referral from the school, the first concern would be around the youngest child in the family, Mary and her immediate safety. Initially it may be advisable for the Social Worker to gain a history of the child, making a note of any previous referrals and compiling a chronology of events which may shed light on any immediate information or patterns present such as the fact that concerns had been raised by the school to years prior to this referral. The information given in this referral would lead us to believe that the threshold for significant harm has been reached as outlined in section 5.2.1 of the Pan London Child Protection Procedures (Edition 2, 2006) which draws attention to the ‘Framework for Assessing Children in Need and their Families’ (DoH, 2006) as the standardised framework for responding to allegations. This framework is formed from the Children Act 1989 and gives direction for conducting an investigation regarding allegations of abuse. When taking this scenario from it’s beginning and continuing along a possible path, we can explore and demonstrate the procedures using flowcharts adapted from the ‘What to do if you think a child is being abused’ (DfES, 2006) document. (Fig. 3) Following the initiation of section 47 enquiries, a number of outcomes could transpire whilst the Social Worker is leading a core assessment under s.47 of the Children Act 1989. If concerns are substantiated, this could lead to a child protection conference being held and possibly leading to a child protection plan which would be reviewed after three and six months, with revisions being made accordingly depending on the outcomes of the investigations and assessments. Paramount to the effectiveness of this enquiry would be the Social Workers ability to work effectively in a multi-agency manor. Guidelines for effective practice in this area are given in the ‘Working Together to Safeguard Children’ (DoH, 2006) document. This offers advice around working alongside agencies such as the police force and other professionals who may form the basis of the core assessment, such as the School staff / nurse, the GP, the Disabilities Team Care Manager and Health Visitors to name a few. As mentioned, great importance should be directed by the Social Worker towards supporting Mary through this situation with the least amount of distress possible, however it is also important to note that Mary has significant rights around place within these proceedings as outlined in the UN Convention on the Human Rights of the Child (1989), where Article 12 states that each child has the ‘Right to be heard and involved in proceedings’. Jim Senai (Second child, aged 17) As the second child of the Abraham family at the age of 17, Jim would still be classed as a child and as such should be given consideration with regard to this. A Social Worker should assess Jim with attention given to the ‘Every Child Matters’ (DoH, 2003) document and its five key principles and analyse whether these are being met for Jim. It is apparent that Jim is the victim of the violent outbursts of his Grandfather and as such is suffering a form of domestic violence. Work would be done in assessing the cause of these outbursts with Mr Alazar, but it would be important for the Social Worker to acknowledge this situation and advise Jim accordingly as to his support options. As Jim is also still a child along with his sister Mary, it must be noted that the viewing of pornographic material is an offence under the Children Act 1989 (DoH) and discussion should be held with his older brother Zerezghi around the nature of Jim’s visits to his home. Zerezghi Senai (First child, aged 24) Although now living independently, Zerezghi faces a number of issues raised in the Abraham family’s referral. Firstly, it is known that no information of the kind passed on by Zerezghi’s Support Worker is allowed to be “off the record”. Guidance for information sharing rules is outlined in ‘No Secrets: Guidance on Developing and Implementing Multi-agency Policies and Procedures to Protect Vulnerable Adults from Abuse’ (DoH, 2000) and the Care Manager of the Disabilities Team would be ‘duty-bound’ to pass on the Support Workers Comments. Regarding the issue of pornography, as an adult Zerezghi is entitled to view this if he wishes based on Article 8 of the Human rights Act, stating the individual’s right to privacy. He however, should not be exposing or allowing anyone under the age of consent to view any pornography and he need to acknowledge this with regard to his younger brothers visits. Under the Management of Health and Safety at Work Regulations 1999 (HSE, 2007), regulation 3 advises of the duty to make sure that Zerezghi’s Support Worker’s Health and Safety at work is not being compromised which is also covered in the GCSS Codes of Practice (2002) 3.3, protecting people from abusive behaviour at work Following this, some further investigation would be needed around the Support Workers claims that Zerezghi and Jim are often watching pornography whilst she is present. As stated, Zerezghi, as an adult is entitled to watch pornographic material and it may be that Zerezghi is being oppressed with regards to his sexuality as a disabled male and has a right to challenge this via the Disability Discrimination Act 1995 (DoH) in order to challenge that discrimination that is often directed towards disabled people and issues of sexuality. This could be achieved through working in partnership with Zerezghi, his Support Worker and the care Manager and could be the Social Workers role to mediate between these parties to discuss these difficult issues. It is apparent that Zerezghi needs support around setting boundaries with his younger brother Jim, as the referral also states that Zerezghi is short of money because he is giving it to Jim. Although Zerezghi has been empowered by gaining access to direct payments through the Community Care (Direct Payments) Act 1996 (DoH) and in line with the GSCC Codes of Practice (2002) (1.3), supporting individuals rights to make informed choices about the services they receive, it is clear that the Social Worker alongside his Support Worker should support him in accessing a review of his care plan which is directed by the National Health Service and Community Care Act 1990 (DoH) through the Care Management System. Feivan Tewolde (Mother, aged 46) As the matriarch of the family, it is unclear to what extent Mrs Tewolde is carrying the burden of the issues that are facing her family. Given the context of the referral, Mrs Tewolde seems to be a very distant and isolated character within it. It would be the Social Workers job to draw Mrs Tewolde into the picture and consult with her around the disclosure that has been made by her daughter Mary and keep her informed accordingly. As stated, a suitable translator should be sought by the Social Worker to facilitate an interview with Mrs Tewolde. It is mentioned in the referral that Mrs Tewolde relies on Jim and Mary for translation and this would be disallowed due to the ethical aspects of using a child and relative for translation and the implications for gathering accurate information. Given the information received in the referral, it is apparent that Mr Alazar is currently unwell and distressed. There is a possibility that Mrs Tewolde is acting as a Carer to Mr Alazar and consideration and information should be given around her potential rights as a carer found in the Carers (Recognition and Services) Act (c .12) 1995. Senai Abraham (Father, aged 50) Whilst working and speaking a number of languages we have little more information about who he is and his feelings around the basis of the referral, the disclosure of sexual abuse by his daughter Mary. As part of the section 47 enquiries, Mr Arbraham would be interviewed following these procedures and would be supported alongside his wife and the other family members to facilitate and play a role within this process. Challenging anti-oppressive practice, it is essential that Mr Abraham and his wife are fully involved with the section 47 enquiry process “to reach a mutual understanding of the problem and through the process of negotiation, find a possible resolution” (Dalrymple & Burke, 2006, p. 135) It can be noted that Mr Abraham has suffered the loss of his Mother and is now maintaining his father in the family home. It would be wise for the Social Worker to attempt to explore these issues with Mr Abraham in order to gain an idea of the impact these may be having upon him and offer support and guidance where required. Abraham Alazar (Paternal Grandfather, aged 70) As an older person and someone who has had a recent bereavement and been displaced from his country of origin, it is clear that Abraham Alazar has a number of issues which would need to be assessed. The Social Worker could carry out a number of assessments with Mr Alazar in order to ascertain what help and support may be offered to him to alleviate some of his ongoing distress. For the purpose of these assessments Mr Alazar may need an interpreter. I would propose that Mr Alazar undergoes a Mental Health Assessment in order to distinguish what is the cause of his recent behaviour. It is possible that the cause may be that of dementia and evidence shows that older people are increasingly under the care of mental health services due to dementia and depression (Brammer, 2007). Mr Alazar may be suffering some form of Post Traumatic Stress Disorder due to the combination of his fairly recent traumatic events, which could also be considered As noted above, it may be that Feivan Tewolde, may be acting as a carer for Mr Alazar and her ability and willingness to fulfil this role would also need to be noted and assessed if appropriate being mindful of the cultural dimensions of the extended family. As an older person, focusing on anti-discriminatory issues, it is noted that any care and support offered to Mr Alazar is done so with humanity and dignity in mind attempting to include him in the decision making process as far as possible when offering him choices and support for the future. Family as a whole In terms of the family unit as a whole, it would be important for the Social Worker to focus to some extent on what is going well in order for them to build on this and manage throughout the process of a section 47 investigation and to maintain their relationships into the future which could incorporate a systems theory approach (Thompson, 2005). Throughout the investigation, work would be conducted through a partnership model as outlined in the ‘Working Together to Safeguard Children’ (2006) document. Following the Race Relations (Amendment) Act of 2000, it has since become compulsory for any Public Authority to promote racial equality and is unlawful for them to discriminate, either directly or indirectly as monitored by the Commission for Racial Equality. As a general duty of any Public Authority, promoting racial equality means that for a family like the Abrahams we should find information at Local Authority offices provided in a variety of languages, as well as adequate information on local groups and resources that match the localities demographics and attempt to fulfil the resident’s needs. We also see commitment to racial equality in community care where recognition is given that “people from varying cultural backgrounds have different care needs” (Braye & Preston-Shoot, 1997. P.171) and must be assessed accordingly which is also shown in GSCC Codes of Practice (2002) (1.6) where it is stated that we must, respect diversity, different cultures and values. Conclusion Given the complexity of this case study there are a lot of areas where the role of the Social Worker is needed to act with the use of appropriate legislation whilst striving to balance this with the ethical dilemmas that are faced when following prescribed guidelines and dealing with both unique individuals needs and there place within the family unit. Communication can be seen as the key to effective practice alongside effective record keeping as outlined in point 6.2 of the GSCC Codes of Practice (2002). Word Count: 3270 References Banks, S. (2006) Ethics and Values in Social Work 3rd Edition. Basingstoke: Palgrave Macmillan. Brammer, A. (2007) Social Work Law 2nd Edition. Harlow: Pearson Education Limited. Braye, S. & Preston – Shoot, M. (1997) Practising Social Work Law. Basingstoke: Palgrave. Commission for Racial Equality (2005). ‘40 Years of Law Against Racial Discrimination’. Website: http://www.cre.gov.uk/40years/amendment_eu.html. Accessed on: 28/05/2007. Cull, L.A. & Roche, J. (2001) The Law and Social Work: Contemporary Issues for Practice. Basingstoke: Palgrave. Dalrymple, J. & Burke, B. (2006) Anti-oppressive Practice: Social Care and the Law 2nd Edition. Maidenhead: Open University Press Department of Health (2000). The Framework for the Assessment of Children in need and their Families. London: HMSO DfES (2006) ‘What to do if You’re Worried a Child is Being Abused – Summary’. London: HMSO. Website:http://www.everychildmatters.gov.uk/_files/FD21D51F594298457CF64BE9CDF6F179.pdf. Accessed on 28/05/2007 General Social Care Council (2002) Codes of Practice for Social Care Workers and Employers. Great Britain. Carers (Recognition and Services) Act 1995 (c .12). London :HMSO Great Britain. Children Act 1989 (c.41). London: HMSO Great Britain, Children Act 2004. London: HMSO Great Britain. Disability Discrimination Act 1995(c .50). London: HMSO Great Britain. Disability Discrimination (Amendment) Act 2005. London: HMSO Great Britain (1990). National Health Service and Community Care Act 1990 (c .19). London: HMSO Hafford – Letchfield, Trish (2007). MSc Social Work (Year 1) Introduction to Law Lecture Notes. Health and Safety Executive. Health and Safety at Work etc Act 1974. London: HMSO HM Government (2006)‘Working Together to Safeguard Children’. London: HMSO Website:http://www.everychildmatters.gov.uk/_files/AE53C8F9D7AEB1B23E403514A6C1B17D.pdf. Accessed on: 28/05/2007 Human Rights Act 1998. London: HMSO Johns, R. (2003) Using the Law in Social Work. Exeter: Learning Matters Laming, Lord (2003) ‘The Report of the Victoria Climbié Inquiry ( CM 5730). London: HMSO. McDonald, A. (2006) Understanding Community Care: A Guide for Social Workers 2nd Edition. Basingstoke: Palgrave Macmillan. Munro, E. (2007) Child Protection. London: Sage Publications. Office of the High Commissioner for Human Rights (1989) Convention on the Rights of the Child. Website: http://www.ohchr.org/english/law/pdf/crc.pdf. Accessed on: 28/05/2007 Race Relations (Amendment) Act 2000. London: HMSO. Website:http://www.opsi.gov.uk/ACTS/acts2000/20000034.htm Accessed on: 28/05/2007 Thompson, N. (2005) Modern Social Work Theory. Basingstoke: Palgrave Macmillan. Treasury, The. (2003) Every Child Matters. London: HMSO