Law for Social Work Practice

Law for Social work
Practice

Table of Contents
INTRODUCTION...........................................................................................................................4
MAIN BODY...................................................................................................................................4
Case Study- 1...................................................................................................................................4
Q1 Explain the five principles of the Mental Capacity Act 2005 and also explain the sections
that are relevant to MCA, 2005?...........................................................................................4
Q2 How Mental Capacity can be assessed ? What all sections provided under the Mental
Capacity Act 2005 which are relevant to the assessment of mental capacity?......................5
Q3 Determine the eligibility criteria for all the adults with respect to the Care Act 2014?...5
Sections relevant to the Care Act 2014?.................................................................................6
What eligible outcomes are pursuant to the Care Act of 2014?.............................................6
Q4 What is meant by the eligibility threshold for Safeguarding Enquiry for an adult?.........6
Explain the relevant Sections of the Care Act 2014?.............................................................7
Q5 Case Law Question...........................................................................................................7
What is a DOLS? ...................................................................................................................7
Explain the Acid Test and relevant Case Law........................................................................7
Case study- 2....................................................................................................................................7
Question 1: Describe the power a constable may have under the Mental Health Act 1983 to
take Pavel to a place of safety................................................................................................7
Question 2: What all duties are specified in the Mental Health Act 1983 in reference to
making an application for Pavel that needs to be admitted to hospital? Explain any two of the
guiding principles with reference to the Mental Health Act 1983........................................8
Question 3: Under the mental health law Who was the nearest relative of Pavel? what would
be asked and told to them during assessment of Pavel for his admission for assessment?...8
Question 4: What will be told to Pavel about the law which supports his human rights of
appeal which is against being detained in the hospital for a period of assessment? .............8
Question 5: “Everyone has the right to liberty and security of person”. No person is to be
deprived of their liberty in the following cases and also in accordance with a procedure given
by law.” Explain this with making references to case law.....................................................9
Case Study- 3...................................................................................................................................9

Question 1 ..............................................................................................................................9
Referring to the current legislation and the policies of the act, explain duties concerning the
local authority to the family and also state its reasons...........................................................9
Question 2.............................................................................................................................10
Identify the relevant serious case review to provide critical analysis of the reasons for the gaps
in keeping children safe. Can anything different be done in the case of Miss Brown and her
children?...............................................................................................................................10
Question 3 ............................................................................................................................10
With reference to the current policy and legislation, explain roles of professionals and
agencies that are part of multi-agency enquiries. Identify all the key agencies that are involved
with Miss Brown and state its reasons?................................................................................10
Question 4 ............................................................................................................................10
During an enquiry made it was confirmed that Mrs Brown’s Daughter Sara is an Autistic.
Make evaluations of the implications of the Children and Families Act 2014 and also mention
any other legislation or policies, if any, which defines the duty by statutory agencies towards
Sara. .....................................................................................................................................10
Question 5.............................................................................................................................11
While making enquiries, Sara discloses to the enquirer that her mother hits her using belt and
she also showed her bruises on her shoulders and arms. With the help of case laws,
legislation and policy, critically analyse your concerns? Explain all the duties which are there
towards a child and also explains the steps needed to be considered to safeguard Sara?....11
CONCLUSION .............................................................................................................................11
REFRENCES ................................................................................................................................12

INTRODUCTION
Laws related to social work are those practices which helps in developing framework
which is used for making rules and regulation helping in doing social activities. In other words
these are those legal aspects of social work in relation to developing general relationship between
justice and social activities. These contains laws in relation to mental and physical social
surroundings that is related to social reforms of a country. Further these laws makes social
professionalism developed with various organization. Social laws promotes social change,
development and empowerment of people in relation to there community. Social work practices
requires to be regulated with human development, behaviour, social, economic and culture. This
report also contains three case studies which are related to the three legal acts. The first case
study related to Mental Capacity Act, 2005, the second case related to the Care Act, 2014 and the
last case is based on the Family act, 2014.
MAIN BODY
Case Study- 1
Q1 Explain the five principles of the Mental Capacity Act 2005 and also explain the sections that
are relevant to MCA, 2005?
There are mainly 5 very important key principals that has been formed in order to make
the act strong. These principal holds importance and set out legal test to determine mental
capacity of an individual. Further the principles has been explained as follows:
Presumption of capacity: This is first and most effective principal that has been given
within the act. Under it main focus is that lack of capacity cannot be assumed in relation to age,
appearances, condition and behaviour (Willoughby, 2019).
Support to make a decision: Such principles deals upon taking practical steps for
helping person in taking decision for themselves before considering them unable to take
decision. This makes practices developed to cure a person in relation to decision making.
Ability to make unwise decisions: Thirds principal has been treated upon making
decision and makes it unwise decision. The principal is focused over analysing person's capacity
in making decisions.
Best interest: Fourth principal covers about decision taken in relation to act done
regarding person having less mental capacity. Such a decision should be in best interest of the