Social Work Law

This appellation involves a case naturalise where Ralph, a fourteen year sure- generous(a) boy, is currently in foster c atomic number 18 because his m some other Kerry, felt she was uneffective to control him due to his behaviour. However, Kerry has now expressed that she is unhappy with this foster stance and has requested that her son be returned to live with her and his two younger brothers. The scenario becomes more than complex owing to the fact that Ralph has disclosed that his mother had regularly striking him with a walking stick. In this essay I volition savor on to consider the main practice issues raised by the scenario of the case study. apply the materials provided within the course along with my own headmaster experience, I will outline relevant enactment whilst demonstrating the signifi understructurece it has on the assessment and both subsequent intervention that whitethorn be required in the disposed(p) situation Section 1 of the Children coiffe 198 9 clearly states When a philander determines any question with respect to (a) the upbringing or a kid or (b) the administration of a peasants property or the application of any income arising from it, the childs benefit sh every be the judgeship of justices paramount reflection. s. 1(1) This reflects the sociable pull in schoolmasters peak concern. Bearing this in mind, as the social worker tough in this case study, I would initially requisite to identify whether any of the children elusive were at imminent venture of significant harm. The support and protection of children cannot be handd by a single agency. every service has to play its part. tout ensemble staff must have placed upon them the clear expectation that at that place primary responsibility is to the child and his or her family. (DH and Home Office, 2003, paras 17. 92-17. 93)The Children work 2004 obliges all agencies that come into contact working with children must share information and work togeth er to unspoiltguard the welfare of children. My primary task would be to say a safeguarding outline coming together. This would facilitate the sharing of information between professionals whilst overly determining the most appropriate course of action to take next. Those aid the meeting would include the area Child Protection Officer, an education professional (such as the appointed Child Protection t from each oneer), the police, a health professional (such as the school nurse) and the social worker.Other agencies may in any case be asked to attend such as the youth offending team or CAMHS (Children and adolescent mental health service). At the meeting, the professionals will discuss the beat response to the allegations and the extent of risk that is posed towards the three children involved. There are several different options that can be decided. After careful consideration and agreement, it might be the general consensus that no move on action is require and the case will be subsequently dropped.However with this case study in that location is an allegation of physical abuse which would suggest the family would be in essential of some kind of assistance, thus Ralph may be recognize as a child in need. Section 17 of the Children Act 1989 states a child is in need if he/she is un presumable to achieve or maintain a reasonable standard of health or development. s. 17 (a). Ralph has not been attending school regularly. Subsequently this will baksheesh to him falling behind and not developing educationally. Ralph has also started to drink inebriant and has also taken to staying out late, on one occasion not returning legal residence until the following day.This behaviour obviously poses a risk to his health nevertheless, it could also lead to a risk of significant harm. The wand to identify when a need becomes a risk can interpolate depending on the professional making that assessment. Choosing to bring professionals together to a strategy me eting will ensure that the threshold is one that is safe and appropriate. The allegation from Ralph about his mother hitting him with a stick which was hard enough to cause severe bruising is without doubt a concerning factor. The strategy meeting would need to assess whether Ralph and/or his siblings were children in need (s 17) or whether in that respect were rounds for a child protection enquiry. The Children Act 1989, percentage 47 states that the local anaesthetic Authority must analyse if it has reasonable cause to suspect that a child is despicable significant harm. This is also known as a section 47 enquiry. Ralph says he has been the victim of physical abuse and that this was a reoccurring act. As a social worker I would have to investigate this further. The questions I would wishing to find answers to would include Are Ralphs siblings at risk from experiencing similar physical abuse? Is Ralph at risk of pitiful from physical abuse if he returns home to his mother?I would also want to look further into the causes behind Ralphs truancy and why he has started to engage in anti-social behaviour. Could this be a result of a breakdown in his similarityship with his mother? Or are in that location problems with the home environment? When Ralph disclosed that his mother hit him with a stick, he said that he did not want anyone else to know. With this we encounter a strife of what Ralph wishes and the professional duty of the worker. When working with young people it is important to arrange sure that they are aware of and understand the agencys confidentiality policy.As a social worker I would explain to Ralph, within his direct of understanding, that I will have to record some of the information he shares with me. However if he shares information that suggests that himself or someone else could be at risk of harm then this information will have to be shared appropriately and if required acted upon. As the social worker involved with this case, I would want to carry out an assessment before Ralph returns home to his Mother. However, Ralph is in foster care voluntarily which means that his mother can return him home as she wishes.Under section 20 of the Children Act 1989, any somebody who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the Local Authority under this section s. 20 (8) . Nonetheless, section 20 would be the most desirable option as it would be the least dictatorial way to accommodate the young person opus the assessment takes place. This would require cooperation from Kerry, Ralphs mother. I would visit Kerry and try to explain the situation and the concerns that I and the other professionals had. This is likely to have a evastating impact on Kerry so this must be done in a sensitive way. The local allowance is under obligation to work in partnership with the families of children in need or at risk. Sections 22 and 61 of the Children Act 1989 require local authorities and voluntary organisations to consult, where more or less possible, with the child and the parents before making any decision in coitus to the child (Block 3, p103). originally considering upholding Ralph in foster care, I would want to explore other options of residence. The case study does not mention Ralphs birth father or whether he currently has a kinship with him.This would need to be investigated. There may also be other relatives who might be in a position to look after(prenominal) Ralph, for example the possibility of living with Grandparents, Aunts and Uncles would be worth exploring. It may also be necessary to accommodate George and Dan while the assessment takes place. However, unlike Ralph, they appear to have a relationship with their father, surface-to-air missile. surface-to-air missile will have joint parental responsibility for George and Dan but as he is not the birth father for Ralph, he will not automatically have parental responsibility for him.However, he may line up parental responsibility by obtaining an erect from the court, or through a formal parental responsibility agreement with Kerry. Alternatively, surface-to-air missile could apply for a residence order which settles the arrangements to be made as to the person with whom a child lives. There are two categories of applicant, those who can apply as of right and those who require leave of court (CA 1989, s. 8). As Ralph lived with his mother and Sam for six years, Sam could apply as of right. With all this said, a further initial assessment would need to be done on Sam prior to Ralph taking up residence with his step-father.Furthermore, it is very unlikely that Ralph would want to live with Sam, devoted his feelings that are stated in the case study. As with the parents organism included in decision making in relation to the child, so must the child himself. As previously mentioned, the less oppressive option would be for Ralph to stay wi th a family member or to keep Ralph in his foster placement voluntarily. This would need to be with agreement from Kerry. However, in the event of Kerry not agreeing, there are other less approving options to consider.The local authority may apply to the court for a section 31 or section 38 orders under the Children Act 1989. A section 31 court order can be minded(p) on the grounds that the child involved is suffering or likely to suffer significant harm due to the care being given to him, or likely to be given to him, or the child being beyond parental control s. 31(2). In Ralphs case I feel if a court order was required to accommodate him, a Section 38 would be more appropriate. An Interim care order (S. 38) granted by the court will give the local authority a period of time, for up to eight weeks, to investigate the childs circumstances s. 8(4) and (5). This would allow time to carry out an assessment on the needs of the family to identify if it is safe for Ralph to return home and to assess if there are any services that the family require to assist with the breakdown of the relationship. Before issuing a section 31 or 38 court order, the court must take into account some factors. Taking the childs welfare as the paramount consideration, there should be a presumption that there is no order unless making one would be better for the child. This is also known as the no order regulation.Both of these court orders also require a welfare checklist. The welfare checklist considers a range of factors before discharging an order including The wishes of the child any physical, delirious and educational needs age, sex and any other characteristics that may be relevant any harm suffered or at risk of suffering and the capability of the parents at meeting the childs needs ACA 2002, s1 (40). As a social worker I will be endeavor to achieve the best possible outcomes for the children I work with.The white paper, Every Child Matters identifies five-spot areas of out come be health stay safe enjoy and achieve, make a positive contribution and achieve stinting wellbeing. (DfES, 2004) To summarise my hypothetical involvement with this case study, as a social work professional working within social work legislation I would firstly take the welfare of the child or children as my primary consideration. When assessing the circumstances of the family and intervening in such a case, I would do so in a way that was anti-oppressive, which would mean utilise the least intrusive means of power available.It would require me to be non-judgemental, treating each individual with respect in line with article 8 of the European Convention of Human Rights. I would ensure to work in a professional manner at all times, abiding by the GSCC legislation of practice (Codes of Practice, 2002). I would work closely with professionals, sharing information to those who need to know only. I would strive to achieve the best possible of the five outcomes for children and youn g people I would always adhere to lawful policies whilst continually reflecting and evaluating my own practice.