The Implementation Of Policies And Legislative Social Work Essay

The Implementation Of Policies And Legislative Social Work testifyChildren be dened as in need when they are unlikely to master or maintain, or run through the opportunity of achieving or maintaining, a conjectural standard of health or festering or whose health and ontogeny are likely to be signi stoogetly impaired, or further impaired with bug out the preparedness of services infra s.17(10) o are disabled as delimit in s.17(11) or those who are in specific need of fortressing under Part V of the (CA)(1989).Ann had recently been separated with her husband collectable to home(prenominal) violence and is currently living in a womens refuge with her 12 years old daughter. She had reported feeling depressed and lack resources. The development of a definition of internal violence in Yemshaw v Hounslow LBC 2011 UKSC 3 (SC), decision by the court set a precedent that was utilise in meeting the needs of families. Children witnessing domestic abuse have without delay been accommodated in the definition of harm under s.31(9) of the CA (1989). particle 17(1) of the CA (1989), places a general duty on Local authorities (LA) to safeguard and promote the eudaemonia of nipperren within its area who are in need. It is based on the presumption that so far as it is agreeable with their duty, children upbringing should be promoted within the family with an violence on resurrectal responsibility as defined under s.3(1) of the CA (1989). This is complemented and reinforced under s.10(3) of the CA (2004), which requires LAs to have regard to the importance of parents and other persons caring for children in upward(a) the well-being of children. LAs are directed through their specific duties and powers specified in Part 1 of Schedule 2 to provide services considered separate to meet the needs of children in need with the aim of avoiding the need for attention proceedings . This includes homelessness, the psychological resultant of witnessing abuse and d isruption with school. Under s.17(6) the LAs can provide accommodation, counselling or as in the cash of domestic violence, assistance in cash.Social workers are charged with discretion in making ethical decisions and should therefore use case law for excess guidance (Brammer, 2010 190). In R v Nottingham City Council 2001 EWHC Admin 235, it was established that mind is not a discretionary duty. Additionally, In R. (on the application of MM) v Lewisham LBC 2009 EWHC 416, it was held that the devotion given to the referral fell far below the standard required by law.The CA (1989) stipulates the legal framework within which Social Work exercising with children in need is situated. Its child-centred approach is embodied in the upbeat paramountcy dominion s.1 and the welfare checklist s.1(3) states factors that moldiness be considered with respect to determining the childs best interest. This welfare principle is also evident in s.3(5) and s.17. It trace the principle that all delay s.1(2) in considering whether to make, vary or discharge s.31 and s.8 orders, s(1)(4) is likely to detriment the childs welfare and no order should be discharge except it is unambiguously in the childs best interests.The complexities and uncertainties of family life have brought rough evolving policies and guidelines to complement the legislative framework (Davis, 2009). An understanding of childrens needs requires a multidisciplinary evidenced-based assessment, which is prescribed under The framework for the Assessment of Children in Need and their Families (DoH, 2000). This is conferred under s.7, LA Social function Act (1979) and requires LAs to comply with their duties. The Every Child Matters (DfES, 2003) led to the enactment of the CA (2004) it requires LAs under s.11(4) to have regards of statutory guidance to cooperate and make arrangements to safeguard and promote the welfare of children. work Together to Safeguard Children (DCSF, 2010) specifies how agencies sho uld work unitedly it states unequivocally the proactive early identification of additional needs and the prep of appropriate services. The complexities and tension of multi overlord perspective is recognised in The leafy vegetable Assessment Framework (CAF) (DfE, 2009) and based assessment on consistency and coordination betwixt agencies (Brammer, 2010).There are capableness dissonances between legislative framework and the ethical frameworks, which informs neighborly work exercising. Parton (2006) noted the complexities of balancing child empowerment and professional judgement, and suggested that Social workers should advocate for children through their active fraternity in accord with s.17(4A and 4B). Graham (2011 1541) highlighted a substantial cultural shift to include children in planning and decision-making through the construction of the affectionate model of childhood. This principle desire to reconcile the supposition of child autonomy and right, with professi onal accountability and responsibility (Williams, 2008). The concept of best interest and the welfare of the child set out in s.1(3) and A8 of the United Nations Convention on the Rights of the Child (1989) is also embodied in decision-making (Butler and Hickman, 2011). In a speech at the Institute of humanity Policy Research, Educational Secretary Michael Gove claimed that safeguarding children is inundated with optimism bias (Media, 2012).The law confers twain a discretionary and obligatory duties, and the prediction of impairment is given emphasis under s.31 and s.17. It is therefore critical for social workers to have an ethical amity when discharging their powers and duties, and reflect social work values in their proportionality of interference under the Human Rights Act (HRA) (1998) which is seen as an additional scrutiny of radiation pattern (Brammer 2010 114).The value of outcome focus needs analysis and multi-agency working is compatible with social work values. It re cognise the complexities and sensitivity of domestic violence, and emphasis on the compounding effect of stereotypical assumptions and stigma faced by somebody and families (Sheppard, 2006). Social workers conceptualisation according to Connolly, et al (2006) is invaluable in promoting social inclusion. This is particularly relevant to Anns situation.Assessment should not be based on a single event careful consideration must be given the long-term effect of domestic violence (Williams, 2008). It must be conducted sensitively with an emphasis on respectful uncertainty, flexibility, openness and honesty about professional involvement (Laming, 2003).Strafford,et al (201013) locates the process of assessment in the stage setting of a Systems approach. Social workers need to be aware of the likely stupor of any intervention on the family. Social workers are required to adopt a principled approach based on negotiation and partnership.The CA (2004) requires LAs to coordinate services wit h relevant agencies this gained explicit experience in the Working Together to Safeguard Children guideline and reflects an acknowledgement that disadvantage occurs within a context of multiplicity of interlocking factors and social dynamic of the family (Graham, 2011). Social workers must therefore, integrate best-known evidence to inform professional judgement to accounts for the uniqueness, uncertainties and potential value conflicts (GSCC, 2003).Anti-discriminatory and anti-oppressive practices are integral to social worker practice and enshrined in law. The GSCC (2003 1.5) code of practice stresses the importance of respecting diversity and different culture and values. Further, s.22(5) requires due consideration to be given to a childs religious persuasion, racial ocellus and cultural and linguistic background which is also encapsulated in A.14 of HRA (1998), the right not to be discriminated against. The amendment of parental responsibility by the Adoption and Children Act (2002) to include adult with real relationship accounts for value placed on recognition of diversity of families to combat social exclusion (Strafford,et al 2010 16).Millar and Corby (2006) highlighted the positive effect of a detailed assessment Munro (2011) and Wise et al (2011 95) are however, critical of the bureaucracy and the prescriptive nature of the Assessment Framework, which distracts social workers from their tenderness therapeutic function. This presents a dilemma of balancing the need of a more(prenominal)(prenominal) rigorous assessment framework with the CAF (Crisp, et al, 2007).Social inclusion and integration are intrinsic to social work, however, Palmer (2003) and Goldthorpe and Monro (2005) notes that there is concern amongst social workers that the high eligibility criteria have seen a shift from family support to reactive child protection practice thereby further excluding and marginalising families. This have led social workers to question the concept of ne eds led service provision.Stafford, et al, (2011) reports on the conflicts and complexities around issues of confidentiality and information overlap within multidisciplinary teams. This posed a dilemma between the welfare of the child and Anns right to confidentiality.Domestic violence occurs within the context of both elegant and criminal domain. This present are a wide range of shared and diverse models of knowledge and practice amongst professionals involved with children and families (Graham, 2011). OLoughlin and OLoughlin (2008 41) noted the complexities of balancing the rights and responsibilities of parents and the rights and needs of children. This present a dilemma between a principled welfare approach and s.8 orders as highlighted in Debbonaire (2012).Cleaver et al (2010) noted that short whist childrens needs occur within the family and environmental context and often interlinked with those of their parent It is crucial that practice is child-centred and needs consider ed separately through childrens active participation (Mullender 2002 121). The complexities of parental contact from the perpetrator of abuse might expose the children to witnessing more abuse.The legislative framework and policies have an enormous impact on social work practice. The complex interplay of skills, values and knowledge the prevailing social attitudes and the unlike and overlapping imperative, have been analysed as the range of dilemmas and conflicts faced by social workers. What is most noteworthy, however, is the need for sound professional judgement and ethical consideration.