Legislation: Bringing Tension In Social Work Practice

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Whilst Legislation shapes and informs social work practice through its powers and duties, it can also be argued that its relationship with Social work ethics and values can be compromised, therefore, bringing tension in social work practice. As highlighted in the Beckford Report (1985) and Stevenson (1988) referred to by Braye and Preston-Shoot (1990) there is confusion as to whether social work mandate is defined by Law or ‘an ethical duty of care’ (Adams, et al (2002). It is a known fact that Social work is an ethically credible profession with their responsibilities to the service user. The presence of law in social work practice may to a certain extent give the public a sense of security as well as impose boundaries and limitations on …show more content…
However, the Human Rights Act (…..) would protect these segregated groups, therefore, allowing Social workers to demonstrate their commitment to the rights and welfare of service users. More tension has arisen lately between social workers, their practice and the law following numerous reported cases of abuse and neglect on children and vulnerable adults, and the frequency that social workers have been criticised and punitive measures carried out on practitioners and local authorities involved. The frequent changes in Legislation, regulations and policy guidance can also pose a challenge for social workers practice. It is imperative that social work practitioners acquire and keep refreshing on their legal knowledge through training in order to understand and interpret legislative mandates and position in line with social work value base. Another conflict is seen on the policies governing Local Authorities whereby hierarchical positioning and bureaucratic procedures in decision making falls short in making social workers retain their professional and personal …show more content…
This is a Local Authority department, The Adult Mental Health Short Term Assessment and Review Team. Under the NHS and Community Care Act (1990) s47 (1) & (2), Local Authorities nationally are mandated to carry out assessments on people who and present a need for social care services regardless of their financial situation. It is by this legislation that my practice bases its policy and practice. The Department of Health issued policy guidance in 2002 known as Fair Access to Care Services (FACS) which provides a framework for determining eligibility for adult social care services. Once assessment of need is completed and subject to availability of resources, eligible service users are then assigned to appropriate services where social workers will identify suitable interventions to meet their identified needs. Under the Local Authority Social Service Act (1970) s7 the local authority decides what services, if any, should be provided to meet the individual
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