Social Work Law

Common Law
Based upon the judicial system
Decided opon by precendents which are set by 'similar' cases

Statute Law
Created by parliament as legislation 
Law is proposed, discussed, accpeted/rejected
Act of parliament

Progress of a bill
First reading
Second reading
Committee stage
Report stage
Third reading
Consideration of ammendments
Royal assent
Drafting of regulations
Writing of guidance

Green Paper
Government proposal for a new law
Aim is to get feedback and debate

White Paper
Government statement outlining a new policy or a proposal for a bill

Draft Bill
'Preliminary' version of how a proposed act will look...

Bill
Government proposed act ready for debate in house of lords and house of commons

Common Law
Settles disputes between individuals e.g. divorce, child custody, land etc.
Burden of proof: balance of probabilities

Criminal Law
Creating laws for the protection of society as a whole and provides punishment for those who break it... e.g. violent crimes, drug involvement etc.
Usually conducted by the Crown Prosecution Service (CPS)
Burden of prood: beyond reasonable doubt

Public Law
Constitutional law - controls how the government sorts out constitutional matters
Administrative law - controls how Ministers and Public Bodies should operate and make decisions
Criminal law - part of public law as committing a crime goes against society

Private Law
Deals with the 'smooth running' of society e.g. employment law

Minimum age of a magistrate & age of retirement??

18 + 70

Monthly wage & number of magistrates on a panel?

0 + 3

Where do all criminal cases start proceedings?

Magistrates Court

Heirarchy of Criminal Courts?

Magistrates court - crown court - High court - Court of Appeal - Supreme court

European Convention of Human Rights
All legislation must be compatible with ECHR

Local authorities have to act in a compotabile manner unless stated in Act... for example taken away human right such as right to liberty when lawfully imprisoned

Courts and tribunals must take into account ECHR

Right to life
Right to freedom of torture and inhuman or degrading treatment
Right to liberty and security
Freedom from slavery and forced labour
Right to fair trial
No punishment without law
Rspect for private life and family home
Freedom of thought, belief and religion
Freedom of expression
Freedom of assembly and association
Right to marry and start a family
Protection from discrimination in respect of these rights
Right to peaceful enjoyment of your property
Right to education
Right to participate in free elections

Absolute
Can't be infringed under any circumstances
Example: freedom from torture and inhuman or degrading treatment

Limited
Exceptions are already stated in the article
Example: limitations applied to freedom of liberty if a crime has been committed

Qualified
State can interefere in specific circumstances
Example: freedom of expression

The Act simplified, strengthened and harmonsied current legislation, providing Britain with a new discrimination law that protects individuals from unfair treatment and promotes a more fair and equal society.

9 Protected Characteristics

Age, Disability, Gender reassignement, Marriage or civil partnership, Pregnancy or maternity, Race, Religion or belief, Gender, Sexual orientation

Section 1
Paramount principle
No avoidance delay
No order

Section 3
Parental responsibility

Section 8
The exercise of parental responsibility (practical - where the child lives etc.)

Section 47
If local authority are informed of a child that is 'suffering or likely to suffer from significant harm' they have to make appropiate enquiries and act upon their report

Section 31
Defines the threshold criteria of harm and compares to a 'similar child'

Section 13
Local Safeguarding Children Board (each LA must have one)

Section 44
Emergency care order

Section 46
Police protection order
Lasts up to 72 hours

Section 44A
Exlucsion order

Section 33
Care order
Local authority have parental responsibility
Power to decide who sees the child and length of time

Section 20
Voluntary accomodation

Section 17
Local authority duty to safeguard and promote the welfare of the children in their area
Child in Need

5 judgements of significant harm
Severity
Premeditation
Effect on child
Degree & duration

Children Act 2004 alongside 'Every Child Matters' added in:
Duty to safeguard and promote welfare (Section 11)
Wellbeing basd on five outcomes (Section 10)
Duty to promote inter-agency working (Section 10)
Introduced common assessment framework

What are the five wellbeing questions?
Physical, menthal and emotional wellbeing
Socail and economic wellbeing
Contribution to society, protection from neglect and harm
Education, training and courses

Aim of the act was to provide good support to children and young persons with special educational needs or a disability, and their family.

9 main parts highlighted in the Act

Agencies working together
Provide information regarding their need
'Local Offer' information
Different organisations working together
Giving them more say on the help provided
One overall assessment of their needs
One plan for all areas of their life
Allowed own 'personal budget'
Right to appeal

Split into 3 parts:
Care and support
Care standards
Health

4 Main aims:
Prevent and enable individuals to make their own choices
Promote their well-being
They are in control
Clearer and fairer

Framework of the act:
Underlying principle = wellbeing
General responsibilities and key duties: prevention, intergration and partnerships, diversity of provision, information and advice and safeguarding

Section 1
Five principles - presumption of capacity, unwise decisions doesn't mean they lack capacity, maximise capacity, decisions are made in their best interest and find the 'least restrictive' option that meets their needs

Section 2
Assessment of Capacity - is there a disorder? if so does that mean they are unable to make a decision when they need to?

Section 3
Four essential steps - Understand, retain, Use and weigh it up and communicate

Section 5
Restraint limitations

Section 6
What is considered restraints?

What is an independent mental capacity advocate?
If an individual faces a serious medical deicison or a decision on where to live and they lack mental capacity an IMCA can make the decision on their behalf

What is a 'referrer'?
Professionals that inform the MCA e.g. NHS staff and local authority

When do IMCA'S not need to be instructed?
Lasting power of attorney
Specifically appointed and instructed
Personal Welfare Deputy appointed by the court

How many assessment have to be completed and who by to apply for a deprivation of liberty?
6 assessments by 2 assessors - 1 trained Doctor with psychiatric experience and 1 social worker or OT

What is Mental capacity?

Time specific + decision specific

Section 1
Under the Act a mental disorder is defined as 'any disorder or disability of the mind'
Drug and alcohol dependance on its own is not considered to be a mental disorder

Section 2
Detained for assessment 
Lasts up to 28 days
Can't be renewed

Section 3
Detained for treatment
Lasts up to 6 months
Can be renewed

What 4 ways can patients be discharged?
Responsibly clincian
Hospital manager
Mental Health tribunal
Nearest relative

Referral Order
From the Criminal Courts Sentencing Act 2000
Young people in court for the first time and plead guilty
Referred to Youth Offending Team

Youth Rehabilitation Order
Created in the Criminal Justice and Immigration Act 2008
Have to be under 18 years old
Community Service

Detention and Training Order
Created in the Criminal Courts Sentencing Act 2000 e.g. Prison

Age of criminal Responsibility
Under 10 'Doil Incapax' Rule: 'incapable of evil'
10+ Can be charged with criminal offence which an adult may be charged
Process of dealing with juveniles is broadly the same as adults

Age Range
Juvenile 10-17 & Young person 10-14

Trials
Mostly Youth Court, sometimes in magistrates when at trial with an adult, only serious crown court

Pre-trialing rules for for guilty plead
Firm advice
Youth restorative discharge
Reprimand
Final warning
Youth conditional caution

What is an Appropiate Adult?
Social worker/YOT that aren't involved in the case
Parent guardian
Anyone over 18, but not employed by the police
Voluntary Agent/Local authority

What are the rules for an appropiate adult?
Safeguard the rights and civil liberties of the detained
Not allowed to offer legal advice
Make sure correct process is followed

Children and Persons Act: Section 44
Requires court to have a regard for the welfare of a Young person

Crime and Disorder Act 1998 Section 37
Principle aim of the Youth justice system to be the prevention of offeding young persons

Code for CPS
Must consider the interest of the youth when deciding if prosecution is needed

Adoption process is made in the 'Family Proceedings Court' severs the ties between the child and his/her birth parents

What are the three types of placements?
Kinship Care
Residential (Children's home)
Residential (Secure accomadation)

Adoption and Children Act 2002 (Section 3)
An unmarried father has Parental Responsibility if he is named on the birth certificate

What are the 3 types of adoption?
Adoption Order
Forced Adoption
Concurrent planning

What are the three things LA's have to consider regarding a child's placement?
Near to child's home
Accomadate sibling's together
Consider childs race, culture and linguistic background

6 Well-being Principles:

Prevention

Protection

Proportionality

Partnership

Accountability

Empowerment

9 Principles of Care Act 2014:

Personal dignity

Physical, mental and emotional well-being

Protection from abuse and neglect

Control by individual over daily life

Participation in work, education etc.

Social & economic well-being

Domestic, family and personal domains

Suitable living accomodation

Contribution to society