The Roles and Responsibilities of the Social Worker - PowerPoint Presentation

Slide1

The Roles and Responsibilities of the Social Worker

Slide2

Social work is an ethical profession

Registered social workers must follow the guidance set by Social Work England

BASW Code of Ethics:

Human Dignity and Worth

Social Justice

Service

Integrity

Competence

Slide3

Social Worker is a protected title

S55 Care Standards Act 2000 defines the title by saying that a social worker is someone who engages in social work!

Modern social work was created by the Local Authority Social Services Act 1970. This act established social services functions in local government.

S7 LASSA sets out the duty of each local authority to act under the guidance of the Secretary of State. Most regulation and guidance governing social work practice is now issued under this section.

Slide4

Social work duties

Defined by law giving rise to statutory duties to service users but also to the wider community, for example to prevent offending by young people.

Acting in the best interests of service users, except where the law says otherwise.

Duty to respect service users’ autonomy. State interference in private and family life

must be limited.

Slide5

The consequences of social work action

A v Essex County Council

(2003)

Decisions will have life-changing consequences

Who carries the can?

Is anything a social worker does risk-free?

What is the best way to protect yourself?

Slide6

Who sets the standards?

BASW

Social Work England

Care Standards Act

Quality Assurance Agency

Slide7

What are the standards of knowledge of Law?

The law, the codes of practice, and the guidance necessary to

Assess needs of individuals, families, carers, groups

Work with individuals, families, carers, groups

Make decisions

Manage risk

Understand issues of justice, care, control, discrimination

Work within law

Understand other welfare services and crime

Slide8

The social worker and the service user

Social worker as helper

Social worker as statutory agent

Social worker as ethical agent

Social worker and service user autonomy

Slide9

Accountability

To the public through your registration with the Social Work England

Through the courts for failures

Through the courts for breaches of human rights

Through inspection and audit

To employer

Public interest and whistle-blowing

Slide10

LASSA duties - children

CYPA 1933 - 1969 support in criminal proceedings

Children Act 1989 - support for children, protection proceedings where necessary

Adoption and Children Act 2002 - an adoption service

NHSA 1977 - support for mothers of under fives

Children Act 2004 - Establishes a children's commissioner; reorganises aspects of child protection work

Slide11

LASSA duties - adults

National Assistance Act 1948 - still basis for community care and residential provision

Health Services and Public Health Act 1968 - services to older people

Mental Health Act 1983 - after-care and guardianship in the community

NHS and Community Care Act 1990 - framework for planning and assessment of community care

Slide12

LASSA duties - modern framework for community care

Carers (Recognition and Services) Act 1995; Carers and Disabled Children Act 2000 - building in the carer

Community Care (Direct Payments) Act 1996 - providing money to the service user

Health Act 1999 - framework for co-operation between NHS and social services

Slide13

LASSA duties - framework for adult services continued

Care Standards Act 2000 - quality assurance framework for child services, community and residential care

Health and Social Care Act 2001 - co-operation and delineation of roles of NHS and social services

Care Act 2014 -

General responsibilities in relation to care and support services including assessing and meeting needs for care and support, and carers’ needs

Slide14

Defining the social worker

LASSA creates directors of unified social service departments

Children Act 2004 established Children’s Services Authorities

Care Standards Act specifies training and performance standards

Professional codes created under the Care Standards Act –

BASW: Professional Capabilities Framework

DfE: Post-qualifying standard: knowledge and skills statement for child and family practitioners

Social Work England

Slide15

Capacity and consent

Slide16

Difficult questions

When is a service user capable of consenting to intervention?

If someone cannot consent, when is it lawful to intervene?

Slide17

Mrs Gillick’s case

Who consents to medical treatment for a child?

The issue

Doctor’s autonomy to decide, or

Child’s autonomy to decide, or

Parent’s right to decide

The decision

The sliding scale from parental responsibility to Gillick competence

Slide18

Risk of criminal and civil liability

Services provided without explicit or implicit consent or other legal authority risk

Criminal charge of assault

Tort of conversion, trespass to person or property

Slide19

Range of examples of authority where no consent

Care, specific issues orders etc Children Act

Detention under MHA

Police powers to arrest, enter property, detain under PACE

Common law powers to avert danger and provide medical treatment

Mental Capacity Act

A prison sentence

Slide20

Mental Capacity Act 2005 (1)

Assume capacity unless evidence of incapacity

Take steps to help make decisions

Allow people to make daft decisions

Take into account type of decision at stake, infringement of liberty, risk etc

Do not judge on basis of age or other characteristics

Slide21

Mental Capacity Act 2005 (2)

Capacity requires understanding, retaining, and weighing up information

Lack of capacity must be to do with impairment in mind or brain affecting that decision at that time

Intervention in good faith for benefit of person who appears to lack capacity lawful

Slide22

Don’t forget ethical dimension

Human Rights article 8 – respect for privacy, which includes respect for the individual’s personal integrity

BASW Code of Ethics

Slide23

Nature of consent

Capacity – which includes age and state of mind

Information – consent which is not informed is not consent

Freely given

Slide24

Other ways of achieving a voice

Advance directions and powers of attorney

Advocacy services

Proxies

The official solicitor

Children’s guardian