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)