History Of Social Services In England Social Work Essay

floor Of cordial Services In England Social Work EssayIn 1992 the Department of health (DH) and the then, Social Services Inspectorate, in England, produce the findings of a survey of dickens brotherly run Departments in congenator to mal interposition. This publication found in that location to be a lack of sound judgements in large numbers of old abuse cases and little evidence of inter- mount upncy cooperation. The report recommended guidelines to assist social services in their work with sometime(a) familiarity (DH/SSI 1992).During the 1990s concerns had been raised throughout the UK regarding the abuse of insecure heavy(p)s. The social services inspectorate published Confronting old abuse (SSI 1992) and following this, set guidelines No longer afraid (SSI 1993). No longer afraid allowd pr turnice guidelines for responding to, what was acknowledged at that time, as elder abuse. It was aimed at professionals in England, Wales and Northern Ireland and emphasis ed clear expectations that policies should be multi- climb onncy and likewise include ownership and operational responsibilities (Bennett et al 1997).This guidance was issued under section 7 of the local Authority Social Services characterization 1970 and gives local authority Social Service departments a co-ordinating case in the development and implementation of local unprotected heavy(a) policies and procedures.In 2000, the department of Health published the guidance No Secrets. The purpose of No Secrets was aimed primarily at local authority social services departments, tho also gave the local authority the lead in co-ordinating other seasonncies i.e. police, NHS, housing providers (DOH 2000).The guidance does non have the full force of statute, exactly should be complied with unless local circumstances indicate exceptional reasons which condone a variation (No Secrets, 2000)The aim of No Secrets was to provide a coherent model for all amenable organisations to dev ise a clear policy for the apology of insecure expectants at rail a chance of abuse and to provide eliminate responses to concerns, anxieties and complaints of abuse /neglect (DOH 2000).Scotland HistoricalIn December 2001, the economical Executive published endangered Adults Consultation Paper (2001 consultation) ( economical Executive, 2001). This sought views on the extension of the vulnerable adults provisions to groups other than psyches with mental pain and the possible introduction of provisions to exclude someones alert with a vulnerable adult, where the adults health is at run a chance.A joint interrogatory was engineered by the Social Work Services Inspectorate and the cordial Welfare Commission for Scotland. two of these agencies were linked with the central government of Scotland who had responsibility for the oversight of social work services and bearing and interposition for persons with mental health problems.In the report by the Scottish Executiv e (2004), a case of a woman who was admitted to a general hospital with multiple injuries from physical and sexual assault and who had a acquire disability became the focus for change for Scotland in terms of adults who have been abused. The police investigation identify a catalogue of abuse and assaults ranging back weeks and possibly longer.In June 2003 the Minister for Education and Young People, Peter peacock butterfly MSP, asked the Social Work Services Inspectorate (SWSI) to carry out an inspection of the social work services provided to deal with learning disabilities by Scottish Borders Council. At the same time, the Mental Welfare Commission for Scotland (MWC) also under besidesk an inquiry into the involvement of health services, though worked closely with SWSI during its inquiry. The two bodies produced separate reports, but also published a joint statement (MWC and SWSI, 2004), which summarised their findings and stated their recommendations. The findings included a fa ilure to analyze appropriately very skilful allegations of abuse a lack of information-sharing and co-ordination in spite of appearance and between key agencies (social work, health, education, housing, police) a lack of risk assessment and failure to consider allegations of sexual abusea lack of understanding of the legislative manakin for noise and its capacity to provide protection a failure to consider statutory incumbrance at appropriate stagesThe Adult Support and aegis (Scotland) Act 2007 (ASPA) is a result of the events that were known as the Scottish Borders Enquiry. chase the various police investigations, it was identified that there were historical links between the client and the offenders who were later prosecuted in terms of statements held by social services department detailing the offenders behaviour towards the woman and that this information was held on file.The Scottish Executive (2004) described the case as extremely disturbing but even more(prenominal) shocking to m any(prenominal) that so many concerns about this woman had been made known and not acted on. As a consequence, 42 recommendations from the inquiry were made and there was a specific recommendation which was taken to the Scottish Executive and involved the provision of comprehensive adult protection legislation as a affair of urgency as there had been concerns raised from political groups and high profile enquiries to provide statute for the protection of adults at risk of abuse in Scotland (Mackay 2008).The Scottish framework links with ternion pieces of legislation. In 2000, the Adults with stupidity (Scotland) Act AWISA 2000 was passed and think on protecting those without capacity with financial and offbeat interventions for those unable to make a decisions.Second, the Mental Health (Care and Treatment) (Scotland) Act (2003) MHSA (2003) modernised the way in which care and treatment could be delivered both(prenominal) in hospital and the community and improve d patients rights.Finally, the Adult Support and Protection (Scotland) Act (2007) ASPSA (2007) widened the range of community care service user groups who could be subject to assessment, and mainly short-term intervention, if they were deemed to be adults at risk of maltreat.Mackay (2008) argues that the Scottish arrangements both mirror and differ from those of England and Wales. She maps out the intervention actors for adults at risk of impairment into a type of hierarchical structure known as a pyramid of intervention which aims to reflect the framework of the various pieces of Scottish legislation and goes onto say that the principle underlying all of the legislation is minimum intervention to achieve the desired outcome.Critique of expositions.In England, the No Secrets (2000) guidance defines a vulnerable adult as a person aged 18 or over and who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be una ble to take care of him or herself, or unable to protect him or herself against evidentiary harm or exploitation (DOH 2000 Section 2.3)The groups of adults targeted by No Secrets were those who is or may be eligible for community care services. And deep down that group, those who were unable to protect themselves from square harm were referred to as vulnerable adults. Whilst the phrase vulnerable adults names the high prevalence of abuse experience by the group, there is a recognition that this definition is contentious. ADSS (2005).The definition of a vulnerable adult referred to in the 1997 consultation paper Who Decides issued by the Lord Chancellors Department is a person who is, or may be in need of Community Care Services by reason of mental or other disability, age or illness and who Is, or may be unable to take care of him or herself, or unable to protect him or herself against signifi endt harm or exploitation (Law Commission cut crossways231, 1995)There are however b roader definitions of vulnerability which are used in different guidance and in the more recent Crime and Disorder Act (1998) it refers to vulnerable sections of the community and embraces ethnic minority communities and flock rendered vulnerable by social exclusion and poverty rather than service led definitions.There is concern, however, that the genuine England framework is more restricted than it should be, and that the problem is one of definition.The House of Commons Health Committee, says that No secrets should not be confined to people requiring community care services, and that it should also apply to old people living in their own homes without professional support and anyone who can take care of themselves (House of Commons Health Committee, 2007). notwithstanding within the ADASS subject Framework (2005) it has been argued that vulnerability seems to locate the cause of abuse with the dupe, rather than placing responsibility with the acts or omissions of others (ADASS , 2005)The Law Commission speaks favourably of the Safeguarding Vulnerable Groups Act 2006, which, it says, understands vulnerability purely through the situation an adult is placed in (Law Commission, 2008). It is now becoming questionable whether the term vulnerable be replaced with the term at risk.If we were to imagine at the current legislation in England surrounding the investigations of abuse to adults, there are none, however there are underpinning pieces of legislation which whilst not in its entirety focus specifically on the adult abuse remit, but can be drawn upon to protect those most vulnerable. There are many duties underpinning investigations of adult abuse, but no specific legislation.The NHS and Community Care Act 1990, section 47 assessments can be implemented in order to consider an adults need for services and can therefore consider any risk factors present at the time of the assessment. From this, assessment and commissioned services can support people who hav e been abused or can prevent abuse from occurring.The National Assistance Act (1948) deals with the welfare of people with disabilities and states that the local authority shall make arrangements for promoting the welfare of person whosuffers from a mental disorderwho are comfortably and permanently handicapped by illness, injury or congenital deformity or other disabilities and gives power to provide services arising out of an investigation out of the NHS Community care Act 1990. (Mantell 2009).The Fair plan of attack to Care Services 2003 (FACS) recognises that community care services will be a vital opinion of adult protection work (Spencer- Lane, 2010). Interestingly the eligibility criteria that superseded Fair Access to Care from April 2010 (Prioritising Need in the scene of Putting People First A whole systems approach to eligibility for Social Care), continues to place adults who are experiencing, or at risk of experiencing abuse or neglect, in Critical and substantial needs criteria banding, as FACS did. other definition of a vulnerable adult is cited within The Safeguarding Vulnerable Groups Act (2006), (SVG Act 2006), and defines a vulnerable adult asA person is a vulnerable adult if he has attained the age of 18 and(a)he is in residential accommodation,(b)he is in sheltered housing,(c)he receives domiciliary care,(d)he receives any form of health care,(e)he is detained in lawful custody,(f)he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),(g)he receives a welfare service of a prescribed description,(h)he receives any service or participates in any occupation provided specifically for persons who fall within subsection (9),(i)payments are made to him (or to another on his behalf) in pursuit of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or(j)he requires assistance in the conduct of h is own affairs.This particular act appears to take an alternative approach to the term vulnerability. It refers to places where a person is placed and is situational. (Law Commission, 2008).Following the consultation of No Secrets, one of the key findings of the consultation was the role that the National Health Service played in relation to Safeguarding Vulnerable adults and their systems. The Department of Health produced a document name Clinical Governance and Adult Safeguarding- An Integrated Process (DOH 2010). The aim of the guidance is to encourage organisations to develop processes and systems which focused on complaints, healthcare incidents and how these aspects fall within the remit of Safeguarding processes and to empower reporting of such as it identified that clinical governance systems did not formally recognise the need to work in collaboration with topical anesthetic Authorities when concerns arise during healthcare delivery. The definition of who is vulnerable in this NHS guidance, refers to the Safeguarding Vulnerable Groups Act (2006) and states that any adult receiving any form of healthcare is vulnerable and that there is no formal definition of vulnerability within health care but those receiving healthcare may be at greater risk from harm than others (DOH 2010).In the Care Standards Act 2000 it describes a Vulnerable adult as(a) an adult to whom accommodation and care for or ad hominem care are provided in a care home(b) an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency or(c) an adult to whom prescribed services are provided by an supreme hospital, independent clinic, independent medical agency or National Health Service body.Similar to the Safeguarding Vulnerable Groups Act, the Care Standards Act 2000 classifies the term vulnerable adult as situational and circumstantial rather than specific and relevant to a persons respective(prenominal) circumstance.Spencer-Lane (2010) says that these definitions of vulnerability in England have been the subject of increasing criticism. He states that the location of the cause of the abuse rests with the victim rather than the acts of others that vulnerability is an inherent characteristic of the person and that no recognition is given that it might be contextual, by setting or place that makes the person vulnerable.Interestingly Spencer -Lane (2010) prefers the concept of adults at risk. He goes on to suggest a new definition that adults at risk are based on two approaches as the Law Commission feel that the term vulnerable adults should be replaced by adults at risk to reflect these two concernsTo reflect the persons social care needs rather than the receipt of services or a particular diagnosisWhat the person is at risk from whether or not the term significant harm should be used but would include ill treatment or the impairment of health or development or unlawful conduct which would include financial abuseSpencer-Lane (2010) also argues that with the two approaches preceding(prenominal), concerns remain regarding the term significant harm as he feels the threshold for this type of risk is too high and whether the term in its entirety at risk of harm be used whilst encompass the following examples ill treatment impairment of health or development unlawful conduct.Unlike in Scotland, there are no specific statutory provisions for adult protection the legal framework is provided through a combination of the common law, local authority guidance and general statute law (Spencer-Lane 2010).Whereby in England the term vulnerable adult is used, in Scotland the term in the Adult Support and Protection (Scotland) Act 2007 uses the term adults at risk. This term was derived by the Scottish Executive following their 2005 consultation were respondents criticised the phrase vulnerable as they believed it focussed on a person disability rather than their abilities, hence the Scottish execu tive adopted the term at risk (Payne, 2006).Martin (2007) questions the definition of vulnerability and highlights how the vulnerability focus in England leaves the deficit with the adult, as opposed to their environment. She uses the parallel argument to that idea of disabling environments, rather than the disabled person, within the social model of disability. She goes on to comment that processes within society can create vulnerability. People, referred to as vulnerable adults, may well be in need of community care services to enjoy independence, but what makes people vulnerable is that way in which they are treated by society and those who support them. It could be argues that vulnerability and define a person as vulnerable could be construed as being oppressive.This act states that an adult at risk is unable to safeguard their own well-being, property, rights or other interests at risk of harm and more vulnerable because they have a disability, mental disorder, illness or phys ical or mental infirmity. It also details that the act applies to those over 16 years of age, where in England the term vulnerable adult is defined for those over the age of 18 and for the requirement under the statute is that all of the three elements are met for a person to be deemed at risk.ADASS too supports the use of risk as the creation of adult protection, although its definition differs from the one used in Scotland. It states that an adult at risk is one who is or may be eligible for community care services and whose independence and wellbeing are at risk due to abuse or neglect (ADASS, 2005)The ASPSA (2007) actThe Scottish Code of Practice states that no category of harm is excluded just now because it is not explicitly listed. In general terms, behaviours that constitute harm to others can be physical (including neglect), emotional, financial, sexual or a combination of these. Also, what constitutes serious harm will be different for different persons. (Scottish Govern ment, 2008a p13).In defining what constitutes significant harm, No Secrets (2000) uses the definition of significant harm in who decides? No Secrets defines significant harm as-harm should be taken to include not scarcely ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also the impairment of, or an unavoidable deterioration in, physical or mental health and the impairment of physical, intellectual, emotional, social or behavioural developments (No Secrets, 2000.The ASPA (2007) act also goes onto detail that any intervention in an individuals affairs should provide benefit to the individual, and should be the least restrictive option of those that are available thus providing a synthetic rubber net on the principles of the act (ASPA, 2007).The Adult Support and Protection (Scotland) Act 2007 saysharm includes all baneful conduct and, in particular, includesconduct which causes physical harmconduct which causes psychological harm (e.g. by cause fear, alarm or distress)unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion)conduct which causes self-harmN.B conduct includes neglect and other failures to act, which includes actions which are not planned or deliberate, but have slanderous consequencesInterestingly the Mental Capacity Act 2005 (section 44) introduced a new criminal offence of ill treatment and wilful neglect of a person who lacks capacity to make a relevant decision. It does not theme whether the behaviour toward the person was plausibly to cause or actually caused harm or damage to the victims health. Although the Mental Capacity Act mainly relates to adults 16 and over, Section 44 can apply to all age groups including children (Code of Practice Mental Capacity Act 2005).The Association of Directors of Social Services (ADSS) published a National Framework of Standards to attempt to reduce variation across the country (A DSS 2005). In this document the ADSS 2005 updated this definition above to -every adult who is or may be eligible for community care services, facing a risk to their independence (ADSS 2005 para 1.14).England and Scotland differences with policy/legislationDefinition of vulnerabilityThree part definition to definition of at risk of harmHarm might be caused by another person or the person may be causing the harm themselvesno category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute harm to others can be physical (including neglect), emotional, financial, sexual, or a combination of these. Also, what constitutes serious harm will be different for different persons.Code of Practice, Scottish Government (2008)Defining vulnerable adult safeguarding in England and WalesGreater level of contestation in defining VA in adults than children.Doucuments in wales and England are very similar. In safe hands document is greater but both are issued under the provision of section 7.Whilst they are guidance, there is a statutory solid ground behind them.No Secrets (DH2000) defines vulnerable in a particular way Is a person who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation. No Secrets paragraph 2.3 Lord Chancellors Department, Who Decides (1995)The ASP Act introduces new adult protection duties and powers, includingCouncils duty to inquire and investigateDuty to co-operateDuty to consider support services such as independent advocacy other(a) duties and powers visits, interviews, examinationsProtection Orders assessment, removal, banning and temporary banningWarrants for Entry, Powers of Arrest and OffencesDuty to establish Adult Protection Committees across ScotlandHarm includes all harmful conduct and, in particular, includ esa) conduct which causes physical harmb) conduct which causes psychological harm (for example by causing fear, alarm or distress)c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example theft, fraud embezzlement or extortion) andd) conduct which causes self-harm.An adult is at risk of harm ifanother persons conduct is causing (or is likely to cause) the adult to be harmed, orthe adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harmN.B conduct includes neglect and other failures to act (Section 53)