Understanding the Roles and Responsibilities of Social Workers
Social work is an ethical profession characterized by upholding human dignity, social justice, service integrity, and competence. It involves statutory duties to service users and the community, respecting autonomy while managing risks. Decisions made by social workers can have life-changing consequences, necessitating adherence to standards set by organizations like BASW, Social Work England, and the Care Standards Act. Knowledge of law, codes of practice, and guidance is essential for assessing needs, making decisions, managing risk, and working within legal frameworks.
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The Roles and Responsibilities of the Social Worker
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
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.
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.
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?
Who sets the standards? BASW Social Work England Care Standards Act Quality Assurance Agency
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
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
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
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
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
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
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
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
Difficult questions When is a service user capable of consenting to intervention? If someone cannot consent, when is it lawful to intervene?
Mrs Gillicks 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
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
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
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
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
Dont forget ethical dimension Human Rights article 8 respect for privacy, which includes respect for the individual s personal integrity BASW Code of Ethics
Nature of consent Capacity which includes age and state of mind Information consent which is not informed is not consent Freely given
Other ways of achieving a voice Advance directions and powers of attorney Advocacy services Proxies The official solicitor Children s guardian
