Flashcards in Social Work Leg Exam child 2016 Deck (36):
The Government of Wales Act 1999 is the biggest transfer of power from Westminster to Wales since the Welsh Assembly was set up in 1999. It gives powers to the assembly to make laws in Cardiff Bay.
The Government of Wales Act 1999
When carrying out an assessment the assessment framework should be used which includes Childs developmental Needs including social and family relationships, Parenting Capacity such as ensuring safety and Family and Environmental Needs such as the function of the family. These are important in regards to promoting child welfare and safeguarding children.
Assesment Framework children
Promotes that all individuals have the right to use either official language when participating in Assembly proceedings.
National Assembly for Wales (Official Languages) Act 2012 Section 35
This Act is the most relevant and up to date legislation in place.
Social Services and Well-being (Wales) Act 2014.
Should the family/individual want an assessment in Welsh then this is their right and local authorities must offer this, otherwise it could be considered as oppression under the guidelines of the Social Services and Well-being (Wales) Act 2016 and the Code of Professional Practice set by the Care Council for Wales
Welsh Language Act 1993 to provide services in Welsh were appropriate.
Guidance about adults at risk and children at risk.
Section 131 SSWB
Supports marriage. This means that social workers should promote the well-being for the family and offer provisions to strengthen a family rather than break it apart, unless there are serious safeguarding concerns.
Section 1 of the Family Law Act 1996
Duty to assess the needs of an adult for care and support.
Section 19 SSWB
Refusal of a needs assessment for an adult.
An individual could be encouraged to have an assessment, as the local authority still have a duty of care and an assessment would need to be carried out if the local authority suspects the adult is experiencing abuse or neglect.
Section 20 SSWB
Concerns if she/he is fully capable of making decisions.
Mental Capacity Act 2005 Chapter 1
It allows for someone who is unwell to be admitted to hospital so health professionals can find out what is wrong, recommend how to help and start treatment.
Section 2 (assessment order) of the Mental Health Act 1983, as amended 2007
(Voluntary/Informal). This means an individual would be able to get treatment but would be allowed to come and go without being detained.
Section 5 of the Mental Health Act 1983, as amended 2007
Domestic Violence Protection Notice. Also under the same Act a Domestic Violence Order maybe needed to be put into place.
Crime and Security Act 2010.
Adults at Risk.
Places a duty of care and looks if the needs of care and support are being met by the local authority. This means there is a duty to investigate where there is a concern of abuse to adults.
Section 126-128 SSWB
The Human Rights Act is a UK law passed in 1998. It means that you can defend your rights in the UK courts and that public organisations (including the Government, the Police and local councils) must treat everyone equally, with fairness, dignity and respect.
Human Rights Act 1998
Duty to assess the needs of a child for care and support.
Section 21 sswb
Have to investigate if you’re concerned and is the first step to put a child into care.
Section 31 of the Children Act 1989
Local authority’s duty to investigate children at risk.
May lead to a Care Order meaning the local authority may take responsibility for the children.
Section 47 of the Children Act 1989
Preventative services - promoting the upbringing of children by their families. This means Sections 31 and 47 or the Children Act 1989 should be a last resort and parents are to be empowered in raising their children.
Section 15 SSWB
Who's allowed contact with the child - contact order.
Section 8 of the Children Act 1989
Parental responsibility and welfare for children. Who is on the birth certificate in most cases.
Section 2, 3, 4 of the Children Act 1989
Duty to maintain family contact – with children within the local authority. The local authority are to maintain family contact to ensure the local authority are meeting the needs of the children.
Section 39 SSWB
Duty for local authority to meet care and support needs of a child. This means should the local authority feel the children are at risk of abuse or neglect they must make every effort to protect the children.
Section 37 SSWB
How to meet needs (provisions). And how the local authority can work in collaboration with other agencies.
Section 34 SSWB
The Equality Act 2010 protects you from various forms of discrimination relating to disability, and also discrimination and harassment: Direct discrimination is when you are treated less favourably than another person because of your disability.
Equality Act 2010
Welfare of child paramount. The child’s welfare shall be the court’s paramount consideration.
Children Act 1989 section 1
Understanding feelings. Seek views of child and those with parental responsibility.
Section 6 SSWB
Code of Professional Practice 1.1
1.1 working with individuals in person centred ways and using this as the basis for social care and support.
Code of Professional Practice 2.2
2.2 communicating in an appropriate, open, accurate and straightforward way.
Code of professional Practice 3.3
3.3 working with individuals and carers to keep themselves safe.
Code of Professional Practice 4.4
4.4 ensuring that relevant colleagues and agencies are informed about the outcomes and implications of risk assessments.
Code of Professional Practice 5.5
5.5 discriminate unlawfully or unjustifiably against individuals, carers, colleagues or other people.
The local authority would need to apply for an emergency protection order if they had significant evidence that the children are at risk if they were to remain in the parents/parent care.
Section 44 of children act 1989
To safeguard and promote the welfare of children. The initial assessment is a way of gathering information and will take into account parenting capacity.
Section 17 children act 1989
Personal data. The act advises local authorities to ensure they give appropriate regards when sharing information
Data Protection Act 1998