Social Workers Knowledge Of The Law Social Work Essay

I want to be a societal worker, non a attorney Robert Johns p.1

The purpose of this assignment is to see the importance of jurisprudence for societal workers and discourse the professional accomplishments and values which underpin societal work pattern in England and Wales today.

I will foremost look at how jurisprudence frames societal work practiceaˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦ .

The relationship between the jurisprudence and societal work pattern is complex. Although an in-depth apprehension of how the jurisprudence affects every twenty-four hours societal work pattern is indispensable, it besides involves much more than merely larning the legal regulations. “ Changeless contemplation and critical analysis of your ain values and pattern of societal work are required to be an effectual practician ” ( barricade 1 p130 ) .

However, Jeremy Roche argues that although the jurisprudence provides a model it can non state societal workers what to make in every circumstance. The jurisprudence can non ever decide the quandary and tensenesss that face societal workers mundane. “ Above all, the jurisprudence can non replace for sound professional pattern ” . ( Robert Johns p.7 )

How the jurisprudence is made

The Law provides a model for pattern which grants the societal worker with powers to take appropriate action. A starting point for understanding the legal model is Statute jurisprudence which is one of the chief beginnings of jurisprudence and is contained in an Act of Parliament. The Children Act 1989 is an illustration of legislative act jurisprudence.

The linguistic communication of legislative acts can sometimes look confounding – for illustration the significance of ‘significant injury ‘ is non described in item in the Children Act 1989 and can hence be unfastened to reading. A societal worker will hence hold to supply grounds that the kid is likely to endure from important injury and such determinations will be made jointly with legal advisors and directors ( barricade 1 p.51 )

Case jurisprudence is the 2nd beginning of jurisprudence which is developed by the tribunals from judgements made on instances brought before them ( barricade 1 p.51 ) . An illustration of instance jurisprudence that has an impact on society is the instance of Diane Pretty who had a terminal unwellness doing a physical disablement and she wished to hold the right to take when to decease with the aid of her hubby. Diane ‘s statement was that “ the right to life contained within Article 2 of the European Convention on Human Rights ( ECHR ) besides implied a right to decease ” ( barricade 1 p.52 ) . However, her application was rejected by the tribunal who stated that Article 2 was non concerned with the quality of life. ( block 1 p.52.

Although the linguistic communication of legislative acts can be hard to understand, there are two words which will assist societal workers to construe legislative acts and they are ‘duties ‘ and ‘power ‘ .

Legislation provides societal workers with certain powers every bit good as responsibilities that societal workers are lawfully bound to carry through. An illustration of this is shown in the instance survey of Masie when her demand for a service requires every bit assessment as determinations will be influenced by non merely the societal worker ‘s committedness to values and best pattern but by the legal responsibilities and powers. However, it can be thwarting when it is clear that a service is needed for a service user but there is deficient money to supply that peculiar resource.

A farther illustration of the importance for societal workers to hold a thorough cognition of the jurisprudence in order that they can do determinations on appropriate statute law is shown in the instance survey of the Clarke household ( p 82 of block 1 book ) where the societal worker attends the household place on an ordered visit and finds Emily ( female parent ) under the influence of intoxicant while the kids were playing with cutter in the kitchen. This is clearly an issue of child protection as the kids are likely to endure important injury if they remain in the attention of their female parent. It hence makes it a responsibility for the local authorization to look into and supply services every bit good as holding the power to protect the kids.

How the jurisprudence underpins societal work pattern:

The jurisprudence which underpins societal work pattern was radically redrawn in the 1980 ‘s following a series of dirts – for illustration the events in Cleveland where societal workers were accused of an over-readiness of taking kids into attention and the fact that the parents felt wholly undermined and were non afforded proper rights to show their positions. Interestingly the Cleveland Report besides acknowledged the quandary of kid protection work “ viz. that societal workers are “ damned if they do, and damned if they do n’t ” ( Robert Johns p.10 )

As a effect of the events in Cleveland, many cardinal rules such as the answerability of societal workers to the jurisprudence are now enshrined in the Children Act 1989, and harmonizing to Robert Johns, societal workers welcomed the lucidity this would hold ( word better )

Values & A ; Principles

Throughout my reading and my experience as a societal work pupil I have learnt that before we can even believe about working anti-oppressively within the jurisprudence we need to look at our ain experiences. Everyone has values and rules which shape our behavior and perceptual experiences of the universe and it hence of import that societal workers reflect on their values as their determinations will hold a direct affect on the services they provide when practicing. ( p126 block 1 )

Although societal work values underpin determination devising when working with service users, there are besides values embedded in statute law which support societal work values. However, there possibly countries of struggle or tenseness between legal values and societal work values, peculiarly when a service user is deemed to be entitled to certain community services look at page 129 and expandaˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦aˆ¦ .

There are besides countries of the jurisprudence that societal workers may happen hard to turn to, for illustration, the Diane Petty instance which I discussed before, where a committedness to societal work values could intend esteeming Diane ‘s wants.

In order to show my ain professional development as a societal work pupil, I will briefly look at how the statute law underpins the appraisal of kids in demand and discourse the importance societal work values while finishing an appraisal.

A kid in need appraisal should supply a clear apprehension of the kid ‘s demands and is based on the proviso of the Children Act 1989 and 2004, the rule that underpins the Framework for the Assessment of Children in Need and their Families ( Department of Health, et al 2000 ) , Working Together ( Department of Health, 1991 ) , and Every Child Matters which provides the legislative foundation on which policy and counsel has been built to inform societal work pattern in appraisal.

The societal worker ‘s cognition of the jurisprudence and service commissariats can be critical in authorising service users ( Block 1 p20 ) . It is indispensable for the societal worker to work in a manner that is both anti-oppressive and which recognises cultural positions. Anti-oppressive pattern means “ recognizing power instabilities and working towards the publicity of alteration to right the balance of power ” . ( Dalrymple and Burke 2003, p.15 ) .

Social workers have to do determinations in their mundane pattern based on their ain values and good pattern is about affecting service users through all phases of the appraisal, ask foring them to meetings, informing them of their rights and options every bit good as working in a manner that is accountable ( Thompson 2006 ) . This would besides back up societal work value D “ Value, recognise and esteem the diverseness, expertness and experience of persons, households, carers, groups and communities ” ( GSCC, 2002 ) .

It was interesting to observe that Jane Aldgate ( in Law and Social work book ) looks at both the strengths and failings of the appraisal model and although acknowledges that the shared linguistic communication between professionals is doubtless a strength, Calder and Hackett, 2003 ( in jurisprudence in societal work ) criticise that the skip of hazard as a separate class can take to professionals undervaluing hazards when finishing an appraisal.


The jurisprudence provides a model to steer and help societal workers in doing important determinations and forestalling anti-discriminatory pattern every bit good as supplying a model of legal rights for service users. Principles of societal justness and human rights are cardinal to societal work and without an in-depth apprehension of the jurisprudence and how it affects societal work pattern, it would be impossible to pattern efficaciously.

Throughout my experience as a societal work pupil together with my research and reading for this assignment it has become clear that in order to follow with the General Social Care Council Codes of Practice ( 2002 ) societal workers must see the jurisprudence as an built-in portion of their function.

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