Understanding Of Law And Recognising Its Limitations Social Work Essay

Understanding Of Law And Recognising Its Limitations Social Work Essay [For social workers] to practise effectively it is necessary to have a critical understanding of law and to recognise its limitations alongside it strengths (Wilson et al, 2008: 191). Using the case study of Mr A, this essay will outline the legislation regarding statutory duties and guidance which needs to be understood by service providers. It will also critically analyse and explore the issues relating to funding Mr As accommodation and safeguarding requirements. There are numerous acts and guidance that need to be considered which make this a complicated exercise. The first is the Chronically Sick and Disabled Persons Act, 1970 s1 which requires local authorities to be aware of the number of disabled people in their boundary in order to plan and develop provision of services. Furthermore, under s46 of the National Health Service and Community Care Act, 1990 they have a responsibility to publish a plan of community care services provided. As Mr B is the carer, the Carers (Equal Opportunities) Act, 2004 requires Countyshire to inform him of his entitlement to a Carers assessment (Wilson et al, 2008). Whilst Mr A lived with his brother, Countyshire would have a statutory duty under the NHSCCA (1990) and the Carers (Recognition and Services) Act, 1995 to assess Mr Bs needs as main carer for his brother as Mr B is ordinary resident there. The Carers and Disabled Children Act (2000) gives Mr B the right to request an assessment even if Mr A is not involved with care services. Local Authority Circular (2004)24 s2 outlines good practice for Mr Bs involvement in his brothers assessment process. For Mr A, under s47 of the NHSCCA (1990), Countyshire would have a statutory duty to assess his needs while he was living with his brother and a further duty under the policy guidance, Fair Access to Care Services 2002, issued under s7(1) of the Local Authority Social Services Act 1970, to decide within a reasonable time, what community care services should be provided to meet his needs (DOH, 2010). The legislation is complex for providing services, including accommodation, for Mr A. There are overlapping and conflicting obligations and a detailed history for Mr A is lacking. This highlights the need for a thorough assessment by a Social Worker and the appropriate sharing of information between the local authorities concerned. Because funding care is expensive authorities may hide behind the complexity of the law to evade their responsibility. As Mr A was detained under s37 of the Mental Health Act, 1983 (as amended by Mental Health Act, 2007) he would, upon leaving hospital under s117 MHA (1983), receive free after-care services for his mental health for as long as is required. As Mr A was detained in Ashire, that Local Authority, Local Health Board and Primary Care Trust are responsible for financing any after-care services (DOH, 2008 and Barber et al, 2009). After-care services under s117 of MHA (1989) would not be withdrawn from Mr A if he declined them, or Ashire discharged him from care. Even if Mr A was well settled in the community, he may continue to need after-care services in case of relapse or mental health deterioration. They would only be withdrawn if Ashire local authority, Mr A and the PCT agreed that he no longer needed them (DOH, 2008). If such an agreement was made by Ashire then Mr A would be unable to get after-care free under s117 of MHA (1989) but would need to be assessed under s47 of the NHSCCA (1990) for Countyshire to provide care under the National Assistance Act (1948). The MHA (1983) does not define what aftercare is, however it is accompanied by a Code of Practice, 2008, which, although not statutory is regarded as guidance, as confirmed in the case of R (Munjaz) v Mersey Care NHS Trust (2005) (Brammer, 2010 and Barber et al, 2009). The Code of Practice under 27.13 provides a list of areas to be considered in an assessment which the Social Worker, with Mr A, should include in the written after care plan (DOH, 2008). There have been numerous disputes between local authorities over the definition of ordinary resident, within s24 of the NAA (1948), and resident in s117(3) of the MHA (1993), and, therefore, which authority is responsible for funding a persons residential care. The recent publication Ordinary Residence by the Department of Health and the case of R (on the application of M) v. London Borough of Hammersmith and Fulham and Another; R (on the application of Hertfordshire County Council) v. London Borough of Hammersmith and Fulham (2010) have provided clarity and guidance for practice confirming that for the purposes of s117 MHA (1983) after ­care, s24(5) of the NAA (1948) does not apply (RadclifeLeBrasseur, 2010). In the case of Mr A, if he is still under s117 MHA (1989) the duty to provide after-care services, including accommodation, would remain with Ashire as the local authority where he was detained even though he is living in Countyshire (DOH, 2010). Countyshire, under s24(3) of the NAA (1948), initially placed Mr A in the residential home to provide respite for his brother. The home is registered for residents with dementia and physical disabilities. Upon the decision to stay there permanently, Countyshire would have a common duty to re-assess Mr A to ensure the home is appropriate for his needs. If it is not part of Mr As care plan to provide appropriate accommodation for his mental health then Countyshire would need to fund his accommodation, under s21 of the NAA (1948). Mr A would also meet the criteria under the NAA (1948) s29(1) for his domiciliary care services to be provided by the local authority. NAA (1948) s29(4) with LAC (93)10 also outlines what care services should be considered and s2 of the CSDPA (1970) gives the local authority the power and duty to provide such services. If the accommodation is provided for Mr As health needs, the NHS are responsible as the local authority is not able to provide health services as defined in s21(8) NAA (1948). If Mr A funded his own accommodation he would be classed as a self-funder and require an ordinary residence with Countyshire, in line with the settled purpose test in Shah v London Borough of Barnet (1983). NAA (1948) s22(2) allows Countyshire to charge Mr A for the accommodation. When carrying out the financial assessment they must use the National Assistance (Assessment of Resources) Regulations (1992) in conjunction with Charging For Residential Accommodation Guide, which is updated annually (DOH, 2010). At present there is no specific legislation in England for vulnerable adult protection. The law regulating the safeguarding of vulnerable adults is taken from a number of relatively recent policies, guidance and case law (Clements and Thompson, 2007). Safeguarding has only recently become recognised as an area of work in its own right. It is an increasingly important part of a Social Workers responsibilities, as policy and guidance has given social service authorities the lead role in dealing with safeguarding issues (Mandelstam, 2008). The local authority as a public body, under the Human Rights Act 1998 s6, has a duty of care towards its citizens, to protect them from harm and uphold their human rights (Braye, 2010). In Z and others v UK (2001) the European Court of Human Rights found the local authority to be in violation of s6(3) HRA (1998), having failed to take reasonable steps to prevent serious ill-treatment when they were aware of abuse (Clements and Thompson, 2007). Safeguarding Adults procedures should be put in place, in line with HRA (1998), to support a person to live a life that is free from abuse and neglect (ADASS, 2005). As the local authority has been made aware of Mr As recent behaviour towards the other residents it is important that they appoint an Investigating Officer and take reasonable steps to prevent any abuse. The Care Standards Act, 2000 standard 18, stipulates that local authorities and care homes must have a written safeguarding policy which would apply to Ashire, Countyshire and the private care home. Also in 2000, the Department of Health published the No Secrets policy document, which provides guidance to local authorities on how to protect vulnerable adults and implement policies to protect them. The policy requires local authorities to have written multi agency safeguarding procedures and policies (Brammer, 2010). No Secrets is regarded as statutory guidance because the LASSA (1970), s7 requires a local authority to act under such guidance. The case of R v Islington LBC, ex p Rixon (1996), demonstrated that an authority is acting unlawfully if they deviate from the guidance (Mandelstram, 2008). The Association of Directors of Social Services in 2004, published the Protocol For Inter-Authority Investigation Of Vulnerable Adult Abuse. This protocol with reference to s3.8 of No Secrets (2000) and National Assistance Act 1948 LAC (93)7, clarified the responsibility and actions of the host and placing local authorities with regards to safeguarding. In the case of Mr A, although the residential home contacted Ashire, it would be the responsibility of Countyshire, as the host local authority, to take the lead in safeguarding procedures. However, a link person from Ashire would be invited to attend any adult protection strategy meeting, if it is the local authority funding his accommodation, as it would still be expected to have a duty of continuing care for Mr A (2004: 1-2). In 2005, ADASS published Safeguarding Adults, providing a national framework for good practice in adult protection work, including giving clear time frames, multi agency working and details of responsibilities (Clements and Thompson, 2007; Brammer, 2010). Whilst following safeguarding procedures it is important for the local authority to keep to the Data Protection Act, 1998. However, No Secrets states, It is inappropriate for agencies to give assurances of absolute confidentiality in cases where there are concerns about abuse, particularly in those situations when other vulnerable people may be at risk (2000: 24). A criticism of the No Secrets policy is that vulnerable adults are defined as people in need of community care services who are unable to protect themselves from abuse so it does not take into consideration people who do not require community care services (Clements and Thompson, 2007). Safeguarding Adults framework introduced the term safeguarding and moved away from the description of protection and vulnerable (Brayne and Carr, 2010). ADASS defined Safeguarding Adults as, This phrase means all work which enables an adult who is or may be eligible for community care services to retain independence, wellbeing and choice and to access their human right to live a life that is free from abuse and neglect (2005: 5). Using the ADASS definition, the vulnerable adults in this case, would be Mr A, and all the other residents in the residential home, given his current and previous behaviour. As Mr A is residing at a private residential care home, the home, along with the local authority, will be regulated by The CSA, 2000, supported by National Minimum Standards. Standard 18 of the NMS states that the registered person at the care home needs to ensure that service users are safeguarded from abuse (Clements and Thompson, 2007; Brammer, 2010). The registered person and possibly other care staff from the home would, therefore, be invited to the safeguarding strategy meeting. Under the Care Homes Regulations 2001, it is the responsibility of the care home registered person to inform the Care Quality Commission (CQC) of any suspected abuse (Brammer, 2010). Hampshire County Council Safeguarding Policy states that although the CQC should be informed and invited to a safeguarding strategy meeting, it is not routinely necessary for them to attend (2010: 52). However, following the CQC Safeguarding Protocol Procedures they should provide any relevant information for the meeting (2010: 11). Safeguarding Adults framework provide guidance on police involvement; if a crime is alleged to have taken place then they should be involved as soon as possible and decide whether they will be taking action (2005: 34). However, as Mr A has committed no crime, the police may not need to be invited to a strategy meeting. The care-co-ordinator, psychiatrist and GP for Mr A would be invited to attend a strategy meeting (Dorset For You, 2007). If a safeguarding assessment strategy is decided at the strategy meeting, Mr A, as he is deemed to have mental capacity, could also be involved with the assessment process and his views taken into account. However, Countyshire must act to uphold the human rights of all citizens and as other residents potentially are at risk, this duty will take precedence (ADASS, 2005). The case of Mr A has shown that although local authority social services have a legal duty and obligation to provide, fund and safeguard the most suitable care, this is a complex task involving an understanding of overlapping and conflicting obligations, from a wide range of primary legislation, secondary legislation, directions, guidance and case laws (Wilson et al, 2008). The case of Mr A supports the Law Commissions current work to create, under one act, a coherent legal framework for the provision of adult social care similar to the Children Act, 1989 (Law Commission, 2010). Word Count: 2196

Ned Kelly-Hero or Villian

Ned Kelly is an iconic Australian legend who is known as one of the most famous outlaws in Australia. Some know of him as a villain, others know him as a hero. But what was he really? The 2003 film â€Å"Ned Kelly† featuring Heath Ledger as Ned, portrays the famous outlaw as a tragic hero rather than a murderer and a thief. By researching Ned’s events, accomplishments and endeavours, it tells us that Ned was in fact a villain rather than a hero. The following essay will highlight why it is that Ned Kelly is seen as both a villain and a hero.In 1854 Edward Kelly was born in Victoria to Irish parents, John (Red) Kelly and Ellen Quinn. He was the eldest of eight children and was brought up on rural property. A the age of 12 John Kelly died and Ned had to take responsibility for the man of the house. Having a large family with no financial income was tough for the Kelly family. Faced with poverty, many poor families just like the Kelly’s were forced to steal horse an d cattle from wealthy residents. Being Irish and having a father who was an ex-convict, the Kelly’s were seen as lower class folk and so work was hard to obtain.At just age 16, Ned was convicted of stealing cattle and horses and was sent to jail for three years. He was released in 1974. During this time his mother had re-married to a man named George King who Ned began to work with. However this â€Å"work† consisted of stealing horses. Ned’s way of living as a criminal was not because he necessailry wanted to, it was simply the only way he could provide for his family. This is the reason Kelly supporters see Ned as a hero as he stood up for his family and did all he could to keep them alive and safe. As Ned grew up he began to take on the role as an Australian criminal.At the age of 24 his actions towards the police, his family and the community allowed everyone to see that he was becoming a dangerous person. It was this point in time that Ned was accused of sh ooting a police officer in the wrist and his mother was sent to jail for 3 years. The accusations against Ned were false and it turned out he was never actually at the scene of the crime. However this did not stop Ned from feeling hatred towards the police, and naturally he wanted to rebel and stand up to them. He and his brother Dan escaped to the bush as they knew they were no longer welcome in their town.They were later joined by good friends, Joe Byrne and Steve Hart. The four were camping when they came across a police camp out at Stringy Bark Creek. It was here that Ned committed his first murder. From then on, Ned and his three friends were known as outlaws and had an eight thousand pound reward right on their heads. Being an outlaw meant that anyone was allowed to kill them or bring them in and in reward gain thousands of pounds. Ned and his gang however did have supporters. These supporters were mainly lower class folk who had also been treated badly by the police and could relate to Ned when it came to poverty.It was through these supporters that the Kelly gang remained out of reach from the police for almost two years. It was during these years that the gang robbed two banks and burnt a lot of the mortgages that the poor owed. It was actions like these that made some people see Ned as a hero. As Ned became known to the majority of Australia his actions became larger and more treacherous. In 1880 Ned launched a plan that would cause terror among the community at Glenrowan. At a local hotel the gang took in 60 hostages and had prepared for a special train to run off the tracks.The police became aware of the plan and the gang was surrounded. The hostages escaped and the building began to burn. Steve Hart, Joe Byrne and Dan Kelly all died in the burning building. Ned escaped but was shot 28 times until he surrendered. He was hung on the 11th of November 1880. Despite attempts to label Ned Kelly as a tragic hero, he was in reality a murder and a thief wh o caused harm and fear to many Australians. He is still called a legend, but not because he was a hero, it is because he did what no other Australian outlaw did.

Lab Report on Exercise Prescription Essays - 1077 Words

KINESIOLOGY 4330 – FITNESS PROGRAMS amp; APPRAISAL CASE STUDY Doe, Jane First Author: Tovar, Jonathan Case Study for Jane Doe Abstract Jane Does, a 27 year old sedentary Hispanic female, who was approached by us to participate in our program. goal was of losing weight. The initial ACSM risk stratification diagnosis indicated a body composition of 27% body fat at 137 lbs with a height of 5’6. The family medical history indicated a history of heart disease on the paternal and maternal side of the family. According to ACSM risk stratification guidelines she does not need a referral from a physician for exercise clearance. Measures regarding examining body composition, cardiorespiratory fitness, muscular strength/endurance,†¦show more content†¦Duration of exercise: 3 min Scoring procedures: Remain standing after exercise. Beginning 5 sec after the cessation of exercise, take a 15-sec pulse count. Multiply the 15-sec count by 4 to express the score in beats per minute (bpm). VO2 max in ml*kg-1 – min can be estimated using the following equation . Women: VO2max = 65.81 – (0.1847 Ãâ€" 183)= 32.01 ml*kg-1 – min Muscular Strength / Endurance 1 RM Strength test were administered to determine strength and endurance. 1RM Bench Press= 90lbs 1RM Leg Press= 350lbs 1 Minute Curl-Up= 48 repetitions 1 Minute Push Up= 22 Flexibility Sit and Reach test was used to evaluate the subjects flexibility Jane Doe = 20 inch trunk flexion which ranks her in the 70% Summary of Diagnosis Jane Doe is sedentary healthy, and based on her evaluations she falls under average or above average on almost all categories. Exercise Prescription Caloric Balance / Body Composition According to Harris-Benedict Equation Jane Does RMR is 1118.575. Her TEE is 1788.907 kcal a day which totals 12522.349kcals a week. Her exercise program is of 3500 kcal per week. 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What Is a Chemical Indicator

A chemical indicator is a substance that undergoes a distinct observable change when conditions in its solution change. This could be a color change, precipitate formation, bubble formation, temperature change, or other measurable  quality. Another type of indicator that may be encountered in chemistry and other sciences is a pointer or light on a device or instrument, which may show pressure, volume, temperature, etc. or the condition of a piece of equipment (e.g., power on/off, available memory space). The term indicator comes from the Medieval Latin words indicare  (to indicate) with the suffix -tor. Examples of Indicators A pH indicator changes color over a narrow range of pH values in solution. There are many different pH indicators, which display different colors and act between certain pH limits. A classic example is litmus paper. Blue litmus paper turns red when its exposed to acidic conditions, while red litmus paper turns blue under basic conditions.Fluorescein is a type of adsorption indicator. The dye is used to detect the completed reaction of the silver ion with chloride. Once sufficient silver is added to precipitate chloride as silver chloride, excess silver is adsorbed onto the surface. Fluorescein combines with adsorbed silver to produce a color change from greenish-yellow to red.Other types of fluorescent indicators are designed to bond to selected molecules. The fluorescence signals the presence of the target species. A similar technique is used to label molecules with radioisotopes.An indicator may be used to identify the endpoint of a titration. This may involve the appearance or dis appearance of a color.Indicators may indicate the presence or absence of a molecule of interest. For example, lead tests, pregnancy tests, and nitrate tests all employ indicators. Desirable Qualities of a Chemical Indicator To be useful, chemical indicators must be both sensitive and easily detectable. It need not, however, show a visible change. The type of indicator depends on how its being used. For example, a sample analyzed with spectroscopy may employ an indicator that wouldnt be visible to the naked eye, while a test for calcium in an aquarium would need to produce an obvious color change. Another important quality is that the indicator doesnt change the conditions of the sample. For example, methyl yellow adds a yellow color to an alkaline solution, but if acid is added to the solution, the color remains yellow until the pH is neutral. At this point, the color changes from yellow to red. At low levels, methyl yellow does not, itself, change the acidity of a sample. Typically, methyl yellow is used at extremely low concentrations, in the parts per million range. This small amount is sufficient to see a visible change in color, but not enough to change the sample itself. But what If an enormous amount of methyl yellow were added to a specimen? Not only might any color change be invisible, but the addition of so much methyl yellow would change the chemical composition of the sample itself. In some cases, small samples are separated from larger volumes so that they can be tested using indicators that produce significant chemical changes.