Introduction
Today, the legal and policy frameworks for social work practice grant social workers the power to take the most suitable actions. The legal framework of social work is very vital as it affords the practitioner power and an understanding of the statutory and legal requirements for effective and fair social work practice (Brammer, 2010). Without an understanding of the law, social policies, and their relationships, social workers may not be able to make complex decisions, for example, removing an abused child from their own home. Using a case study of Jodie, a 6-month-old girl who lives with her parents, named Sadie and Sasha, and her brother Jordan, aged 14, there are concerns that Jodie’s basic care needs are not being consistently met and she has recently been seen in summer clothing during cold winter weather and being transported in a dangerously broken buggy.
There are concerns that her mum, Sasha, aged 36, may struggle to understand these issues and their impact on Jodie, as there have been concerns that she has learning difficulties as she finds it difficult to process certain information and has been a victim of physical and verbal domestic abuse. The essay seeks to critically analyze the relationship between key legislation, social policy, and social work practice as applicable to Jodie’s case. It will also critically evaluate the ethical considerations when applying social work legislation to practice. I will start by providing the historical development of legislation and policies relating to Jodie’s case. I will further consider the definition of certain concepts such as safeguarding and child protection before proceeding with my discussion, as well as provide ethical consideration when applying legislation to practice.
Historical development of legislation and policies
Child protection regulations have a long history, dating back to the “Children’s Charter” in 1889. Contributors to Wikipedia (2019). As a result of the death inquiries, the United Kingdom has passed a number of laws and policies concerning child protection and adoption programs. Because of the death of Dennis O’Neill in 1945, Monckton’s findings prompted the formation of a Committee on the Care of Children, which later inspired the Children Act of 1948. The Act’s main ideologies included the establishment of local authority children’s departments, the promotion of foster care rather than residential care, and the rehabilitation of children back to their families where possible (Hedrick, 2003).
Victoria Climbié died at the age of eight from 128 injuries inflicted by her caregivers in February 2000. Lord Laming’s independent inquiry into her execution resulted in the discovery of numerous instances where professionals, consisting of line managers, had failed to fulfill their functions, as well as several flaws under which professional networks had also failed to prevent Victoria in the waning days of her life. Laming critiqued the unprofessionalism and cooperation among agencies (Laming, 2003 S.1.30) – his investigation laid the foundation for the “So Each Child Matters” Policy Document, which was published in 2003.
Definition of concepts
As a result, several regulations and standards have already been introduced in the United Kingdom in response to safeguarding children, but then in response to Jodie’s case, the following concepts would first be defined: Safeguarding The Hm Government (2013) designates this as “the action we take to promote the welfare of children and protect them from harm.” It went on to say that there’s a need to safeguard children from maltreatment and to ensure that children grow up in environments that are conducive to providing high-quality and safe care (Hm Government, 2013). Child protection and guarding (2020) defines child protection as “the process of protecting individual children recognized as either suffering or suffering serious harm as a result of abuse or neglect.
Key Stakeholders in policy/legislation:
The legislators, the clinicians, members of the advisory board, community personnel, research, and investigators
The values and ethics of social workers
The social work code of ethics offers clear definitions in relation to laws, policies, and regulations to be followed in the line of duty. These professional ethics are ingrained in the souls of all social workers as they enable them to conduct their work diligently and without bias. The major focus is on social workers and the ideal of service delivery. Their aim is to evaluate the subject matter without any interest in personal gains. In this case, they are regarded as providing ideal support to kids whose basic needs are not catered for. It, however, requires them to establish their professional skills without expecting anything in return.
Furthermore, the assistance should be simple. Since social workers clearly understand the relevance of human relationships, human connections are viewed as crucial aspects when matters pertaining to change arise. They try so hard to establish groups that facilitate interactions between them and the victim to promote a faster and quicker healing effect. Similarly, they tend to understand the dignity and value of everyone (Thyer, 2021). Therefore, they try hard to provide corrective measures that are in line with improving the victims’ dignity. Since several people who have faced abuse, rejection, or rape experience low self-esteem, social workers try as much as possible to provide all the required guidance that will enable them to feel secure and boost their sense of humor and respect. On the other hand, it’s the right of social workers to advocate for the rights of the less fortunate in society.
Those whose voices may be difficult to hear because they have been pinned down in some way, fear speaking up for fear of being treated and stigmatized by society. Lastly, social workers need to be trusted by victims as subjects before they can handle their issues. The aspect of integrity is viewed as core to the social work career. According to the NASW code of ethics, social workers must practice activities based on their relevant scope of competencies. They are expected to be broad in matters of understanding other people, not for their own benefits but for the benefit of the fallen victims.
The impact of legislation on social work practice
Children now have constitutional protections as a result of the passage of the Human Rights Act in 1998. (World Health, 1998). The term “Gallick competent” refers to a child under the age of 16 who is judged to have sufficient understanding and intelligence to make his as well as her own decision on a matter requiring a decision, enabling young people like Beth to be heard. The practical implication is that when contemplating a child’s opinions and wishes, one must first determine what those wishes and views are, and then whether those hopes, dreams, and views are to be considered or acted on, based on whether the child is regarded to also have a comprehensive understanding of the effects of their decisions.
The social worker’s law provides an established framework for the social worker that allows them to take relevant action on the subject matter. The beginning point for social workers’ understanding of the legal framework is the statute law contained in the parliamentary acts, with the children’s act of 1989 being one of them. The availability of legislation, however, provides social workers with powers and duties that they must fulfill. On the other hand, Farnfield (1998), p53) explains “children as consumers” and the complexity that several social services have in balancing the rights of parents and the rights of the child. Given the thrust for working in collaboration with parents in childcare and the inclusion of all parties concerned when working in the social care field, it may be tough to remain focused on the issue of who the client is and whose issues are protected and served by any particular course of action when communicating with parents. Trevithick (2005, p229) discusses a specific case in which she has been having difficulty establishing an optimistic relationship with parents in a child welfare case.
The “ideology” of protecting children was identified as a stumbling block in establishing a rapport with the parents. Nevertheless, Brayne and Martin (1999) assert that, from such a legal point of view, the predominant client in child protection cases must ‘always be the child.’ This is affirmed in the policy document “Working Together for Children and Families Act,” which states that professionals should “collaborate closely with parents unless this is inconsistent with the need to guarantee the children’s safety.” This is also consistent with the ideology of child-centered discipline, which emphasizes the child.
According to Article 19 of the United Nations Convention on the Rights of the Child, governments are responsible for making sure that youngsters are cared for properly and protected from abuse, abuse, and neglect by their parents or anyone else who looks after them. It also specifies appropriate actions to be taken in the case of a violation of children’s rights or the law. The Equality Act of 1998, which would provide a link to the implementation of no-smacking policies, states that every child is entitled not to be confined to cruel, inhuman treatment from either the parent, the caregiver, or any individual.
When Beth told the SSW she had been physically abused, the SSW referred her to the child protection officer. The information is kept confidential in accordance with the Data Protection Act of 1998 as it is not necessary for other members of staff to be familiar with the case at that time. Following the tragic deaths of Jessica Chapman and Holly Wells in 2004, the Bichard Report was published, which made suggestions on how information should be relayed and stored. Child protection information on a student is kept separate from the school file and is only obtainable by the children’s services official and communicated with other practitioners on a “need to know” basis. This is a good thing.
“Undoubtedly, the most significant development in childcare policy in Britain over the past twenty-five years has been the preoccupation with child abuse” (Lardier 2020). Furthermore, it can be argued that this rise in concern can be seen in all major European countries and constitutes a significant major point in this area of social policy. This concern has been underscored mostly by humanity’s formal and legal paradigms, but also by the wider populace.
Whom does the policy empower or disempower?
The Children Act of 2004 gave the Treasury secretary for Academic Achievement the authority to create a database (or databases) of everyone under the age of 18 in England. The Legislature approved the same regulations that will create the first federal database of children in July 2007. The database will be known as “Contact Point,” as per the government. It was originally known as the Information-Sharing Index, but due to negative publicity about information exchange, it was renamed in February 2007. A Contact Point is essentially a file-front for all of the agencies that may be involved with a child. Its goal is to provide a complete directory of all children from birth to conception, as well as a roster of organizations with whom they are in contact.
It does not keep case records, but this will allow them to appear to suggest their involvement with a family and interaction with each other to share information. It will also indicate how an CAF (an in-depth personal profile developed under the Popular Assessment Framework) has been completed and is ready for sharing. Thus, according to responses from teachers in local schools, agencies are trying to find the methodology confusing, with long wait times for an initial response for amenities. Thus, according to Searing (2007), further criticism of such legislation is that “the danger is that once social work has become more closely aligned with an inter-agency system of surveillance and monitoring of families, most people will be less open and trusting towards social workers, and this will make their job more difficult.” As a direct consequence, the social worker’s role suffers yet another setback.
Serious Case Reviews relating to the Care Act
These reviews were mandated by the Children’s Act (2004). The major aim was to conduct reviews on cases where a child has succumbed, been neglected, abused physically, emotionally, or psychologically, or where there is suspicion of negligence. Similarly, the review can be extended to areas where death is not involved but rather the child has undergone serious harm resulting from physical, emotional, or psychological torture or neglect.
How policy has influenced practice
A certain bit of legislation emerges as a result of a variety of factors. The Children’s Act of 1989, for example, was the result of a series of influencing factors in the United Kingdom. As previously stated, one of the most significant influences is the wave of child molestation tragic deaths that have happened over the years. The monitoring, reviewing, and press coverage that arose as a result of these situations shed light on the shortcomings of practice rather than previous policies. Cases such as Jasmine Beckford and Kimberley Carlisle, and also the Orkney and Cincinnati inquiries, influenced the public’s perception and practical skills and formed appropriate policies towards the case of child abuse in the United Kingdom.
The collective response compelled those that are in authority to reevaluate their protection schemes and to address evidence-based practice issues in their policy shifts. These highly publicized inquiries, as per Alcock et al., “led to the promulgation of extensive procedural guidance at central and local levels to social welfare and other agencies designed to avoid repetition of tragedy and scandal” (Richardson, 2020).
Policy Instrument
Statutory laws passed by the legislature that have really garnered royal prerogative and entered into force, such as the Children Acts of 1989 and 2004. Statutory Instruments/Regulations: Secondary legislation is typically created by government departments, such as the Department of Education, and provides a detailed description for the enactment of a statute, such as The Children Act 2004 (Children’s Services) Regulations 2005. Legal precedent Case law, also renowned as “common law,” is formed by the decisions and precedents established by judges when interpreting statutes and regulations in court. It is a “binding precedent system,” wherein elevated judicial decisions are binding on all courts. As a result, a case heard in court regarding one child can impact actions taken and potential consequences for other children (Return to Social Work: Learning Materials,).
The combined effect of these tools creates a comprehensive framework that underpins the decisions and interventions that social workers can use in the course of their work. Underneath this template, there is also a set of local and national policy initiatives that outline how the proposal’s goals are to be met and the norms that social workers are expected to meet. As a result, each local government would have its own set of policies and procedures outlining how it interprets and executes its rights and functions within the various legal frameworks.
Impact on the client (Jodie)
The government’s approach to the known to be associated investigation was almost immediate, with the publication of the “Every Child Matters” Green Paper in 2004. In addition to the original Act of 1989, the Children Act of 2004 was passed into law in combination with Every Child Matters (ECM). The Act includes several components based on Laming Report recommendations and is responsible for promoting a more cohesive partnership between agencies caring for children, such as health, education, and social care (Thyer, 2021). Smith claims that the Children Act 1989 (CA, 1989) streamlined all previous legislation pertaining to children and families. It imposed new duties on local authorities, followed by the identification and evaluation of “children truly needy,” as well as new responsibilities for all local governments caring for undermined kids.
The Act also gave the Court the authority to issue Emergency Protection Orders to protect children in danger, which further supplanted Position of Containment Orders. North (2019) concedes that the Children Act was especially significant because, for the first time, it emphasized the importance of inter-agency cooperative learning trying to work as a means of responding to the needs of both children and their families. This policy provided immediate protection to Beth and was executed within the school environment in collaboration with welfare workers, demonstrating effective interagency collaboration. Beth would have been at risk of further abuse if she was not listened to or taken seriously enough, and she may not have disclosed additional abusive behavior due to a lack of financial backing.
Conclusion
In relation to children, it is critical that professionals and agencies collaborate and work to ensure that all relevant and correct information is available and accurate, in addition to helping and supporting the child. In recent cases, specifically in the case of Victoria Climbie, this was not done, and as a result, Victoria was put in further danger and died when she could have been saved if the bureaus had collaborated successfully and shared the information. This is why every piece of Child Matters legislation was enacted in order to try to prevent this from happening in the future. Children in danger require coordinated assistance from wellness, schooling, social care, and other entities, along with juvenile detention services.
These practitioners must collaborate in relation to safeguarding, keeping them safe, and bringing perpetrators of crimes against children to equality. As a result of every Child Act, children known to more than one agency will now have a solitary named professional to plead their case. This has been demonstrated to be an excellent tool in Beth’s case because the guidance allows the school’s professionals to take immediate precautions to secure her after she was placed on a case-of-emergency restraining order. Despite the fact that the legislation is over five years old, it effectively prevents a child from falling through the net. The policy has shaped this service participant’s care but had a massive effect on her overall result.
References
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Lardier, D. T., Pinto, S. A., Brammer, M. K., Garcia-Reid, P., and Reid, R. J. (2020). The relationship between queer identity, social connection, school bullying, and suicidal ideations among youth of color is complicated. Journal of LGBT Issues in Counseling, 14 (2), 74-99.
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Richardson, V., and Brammer, A. (2020). Mothers of children removed under a care order: outcomes and experiences 42(3), 360–376, Journal of Social Welfare and Family Law.
Thyer, B. A. (2021). Transgender theory for contemporary social work practice: A question of values and ethics. “It helped, the mindfulness,” he said, “so let me help”: High school students developing social work values, 18(1), 72.
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