Legal Frameworks in Social Work Practice

Question 1:

The Human Rights Act 1998 is the UK law developed for defending the rights of people in the UK court and the compels public organizations to ensure treatment of all with equality by showing fairness, respect and dignity (legislation.gov.uk, 1998). The article 5 of Human Rights Act 1998 protects the right to security and liberty of the public (legislation.gov.uk, 1998a). It is implied in the social work practice to defend the freedom of the public facing mental health issues from any unreasonable detention as well as ensure their personal safety (scie.org.uk, 2019). This is because it would make social workers offer the mentally-ill patient have opportunity to act, speak and pursue their thinking with happiness without facing any unnecessary restrictions from the society (Rothenberg, 2019).

The article 8 of the Human Rights Act 1998 explains the rights regarding private and family life of people to be respected and article 3 informs the rights regarding not to be treated in an inhuman way (libertyhumanrights.org.uk, 1998). Thus, the social workers through consideration of the articles in the Act understand when and in which aspect to interfere to make decision regarding the adoption or removal of children from parental custody. This is because it makes them ensure the way to maintain dignity, fairness and protection of private and family life of the public in the process to ensure protection to the children and others. The Human Rights Act 1998 further related to the social work practice as it supports the social workers to develop commitment towards empowerment of the service users and make justified social change for their proper living. Moreover, Human Rights Act is relevant to social work practices as it dictates the actions to be maintained for equal treatment of service users regarding access to healthcare in the society (legislation.gov.uk, 1998).

Question 2:

The Judicial precedent works by making the judges oblige to develop rulings that are persistent and consistent with previous judicial decision made regarding similar cases by previous courts (Lederman, 2020). For instance, in the case of Plummer vs Royal Herbert Freehold Limited (2018), it was found that Mr Plummer was suffering from multiple sclerosis and was unable to access leisure facilities within the apartment block. Thus, he requested to make reasonable adjustment by the property owner that is Royal Herbet Freehold Limited which the authority rejected. The court under article 3 of the Equality Act 2010 made the decision that Royal Herbet Freehold Limited as the service provider has made disability discrimination regarding Mr Plummer. This is because they do have duty under the Act to develop reasonable adjustment when asked by any people with disability which they did not performed (leighday.co.uk, 2018). This case acted as judicial precedent in deciding for the case of Mrs Samilies vs Clewer Court Residents Limited in 2019. This is because in case of Mrs Samiles it was seen that she was suffering from Ehlers-Danlos syndrome which reduced by her mobility due to which she asked the Clewer Court Residents Limited who is the owner of the flat to make certain alterations to make her feel free to move and manage her care. However, similar in the case of Mr Plummer the authorities in case of Sammilies also avoided making alteration. Thus, considering the case the judge following previous case out forward the decision that the Clewer Court residents made disability discrimination under the Equality Act 2010 and they are to make alteration to ensure safe living of Mrs Smalies (judge-priestley.co.uk, 2019). Thus, judicial precedent is relevant to social work as it helps the judges to make proper and consistent decision for the society.

Question 3:

The Mental Health Act 1983 was developed by the UK to ensure proper care, reception and treatment of mentally-ill individuals (legislation.gov.uk, 1983). In the case of Michael, he seems to refuses accepting mental health services irrespective of his psychotic condition that is developing risk towards his health and safety. The section 135 of the Mental Health Act 1983 which allows police by producing a warrant to enter the home of the individual facing mental illness and ability to create risk regarding their health to be taken forcefully or keep at home to allow a mental health examination to be done to determine the psychological health condition of the patient (legislation.gov.uk, 1983a). Thus, through the use of the Act, the police can forcefully make Michael take health assessment at home or hospital that he has been refusing to ensure his safety and better health.

The section 63 of the Mental Health Act 1983 informs that a professionally approved medical professional is allowed to offer medical treatment to the detained patient irrespective of their approval to accept treatment (legislation.gov.uk, 1983b). Thus, this section of the Act can also be applied to offer assistance of Michael where the mental health professional is going to offer proper treatment for his better mental health irrespective of his denial to avail healthcare services. The section 5(4) and 5(2) of Mental Health Act 1983 allows nurses and doctors to detain any patient within the hospital irrespective of their decision to leave for proper mental assessment of the patient to finally decide whether more detention is required under the Mental Health Act for the patient (legislation.gov.uk, 1983c). Thus, under the Act, Michael can be detained by nurses and mental health professionals in the hospital on admission under the section 135 for proper care and treatment irrespective of his decision.

Question 4:

The Care Act 2014 is developed to improve independence as well as the well-being of the people (legislation.gov.uk, 2014). In mentioned case, Aisha who is 67 years old currently requires effective support to be independent as her present health situation leads her to be confined at home. Moreover, her daughter is seen to use her card to meet her cocaine addiction and buy foods for Aisha. The section 42 of Care Act 2014 informs that local authorities are to make enquiry in response towards any indications of neglect and abuse to an adult with care needs who are unable to protect on their own (legislation.gov.uk, 2014a). Thus, this aspect of the Act is to be applied for Aisha to determine whether or not her daughter is misusing her finances which is amounting to take advantage of her health condition. This is because people with drug abuse are found to develop vulnerable attitude towards the elderly out of disturbed mental condition created through addiction (Kantak and Dwoskin, 2016).

The section 9 of Care Act 2014 informs that it is the duty of the local authority to develop needs assessment of adults who required care and support for their current health condition (legislation.gov.uk, 214b). Thus, the Act is to be applied for Aisha where her local authorities are to have responsibility in making needs assessment. According to section 2 of the Care Act 2014, it is duty of the local authorities to arrange, facilitate and provide services and resources required by adults to ensure reduction of their care needs and prevent delay in care (legislation.gov.uk, 2014c). Thus, according to the Act, the local authorities in Aisha’s area would have responsibility to arrange required services and resources in resolving her care needs to make her empowered in taking care and develop better well-being.

Question 5:

The Children Act 1989 is a comprehensive framework developed to provide protection and care to the children for their welfare (legislation.gov.uk, 1989). In the case of Sukie, it is found that she is 7 years old making her eligible to access help through the Children Act 1989 as she is below 18 years. The Children Act 1989 informs that it is the duty of relevant partner of any local community who has reasonable proof to suspect a child being abused to report to concerned authorities about the incidence for taking appropriate steps to protect the child (legislation.gov.uk, 1989). In current case, it is seen that the teacher in Sukie’s school has effective proof regarding her abuse and as per the Act has the responsibility to report Sukie’s abuse to concerned authorities so that steps can be taken for her protection from abuse or harm.

The section 10 of Children Act 1989 informs that all the local authorities are to develop proper arrangement in promoting co-operation between themselves so that each of the can work to promote children’s well-being and protect them from harm and abuse (legislation.gov.uk, 1989a). Thus, the Act is to be applied in Sukie’s case where the teacher is to act with other concerned authorities to help Sukie access required assistance to protect herself from her father’s abuse and ensure better health. The section 47 of Children Act 1989 informs that it is the duty of the Children Service Commission in the area to execute investigation regarding any reasonable cause or suspect of child abuse in the area (legislation.gov.uk, 1989b). This aspect of the Act is to be applied for Sukie where the local authorities are to arrange investigation regarding abuse or harm reported for the child so that appropriate actions can be taken immediately to promoter her well-being.

Take a deeper dive into Legal Evolution of Same-Sex Marriage in Scotland with our additional resources.

References

Kantak, K.M. and Dwoskin, L.P., 2016. Necessity for research directed at stimulant type and treatment-onset age to access the impact of medication on drug abuse vulnerability in teenagers with ADHD. Pharmacology, biochemistry, and behavior, 145, p.24.

Lederman, I., 2020. The Right Rights for the Right People? The Need for Judicial Protection of Foreign Investors. Boston College Law Review, 61(2), p.703.

Rothenberg, D., 2019. Field-Based Methods of Research on Human Rights Violations. Annual Review of Law and Social Science, 15, pp.183-203.