Key Social Policy and Legal Issues for Social Work Practice

This report critically analyzes the key social policy and legal issues for social work practice, focusing on domestic violence and abuse within aged care organizations. It examines relevant legislation, policies, and ethical dilemmas faced by social workers in these contexts.

Using the case study
given identify and
critically analyse some
of the key social policy
and legal issues for
social work practice

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Key Social Policy and legal Issues for Social Work Practice................................................3
Ethical Issues for Social Workers...........................................................................................5
CONCLUSION................................................................................................................................6
REFERNCES...................................................................................................................................6

INTRODUCTION
The policy practice refers to the efforts made in response to change policies whether by
formulating new ones or by altering the existing ones. Social workers must practice with an aim
to construe a social appreciation of legal system. In simple words, Social Policy practice is
promoting social skills in order to devise or alter policies with an aim to attain social and
economic justice. Social Policy helps to understand social problems evolving in our society and
how the government plays its part in implementing these policies so that the goals of social
justice is achieved effectively and efficiently.
The main motive of social policies is to ensure harmony and peace in the lives of society. Further
to provide social justice, social balance, social development and ultimately social peace. It is
identified that domestic violence is an issue related to social justice. As getting controlled and
abused by another individual sounds distressing (Baldwin, 2017). Here the legal issue in the case
is related to the domestic violence in which Mick Reynolds was alleged of aggravated assault
against her wife Dotty Reynolds. Another legal issue in this case is an allegation of abuse within
an aged care organisation. The Australian Association of Social Worker (AASW) provides a
scope and base of social work practice in aged care field. The age care allows a vast area to
practice social work. The practice is required to focus on the preservation as well as
improvement of psychological and social functioning.
The social worker must work in best interest towards victim. The social work must
encourage the self determination of victim. Working contrary to the interest of victim or client
may led to ethical dilemma. Thus, the social worker and face challenges in order to enhance
social practices accompanied by effective and efficient strategies. The report examines the
ethical issues for social workers.
MAIN BODY
Key Social Policy and legal Issues for Social Work Practice
One of the major issues which has evolved more worldwide is the domestic Violence.
According to the World Health Organisation around 35 percent of women is experiencing this
legal issue and their rights are violated. The question arises on women in cases of domestic
violence (Rasche, Morsing & Moon, 2017). The legal issue raises in respect of social work as it
is not just physical abuse but also led to mental and emotional abuse and thus, devise traumatise

effect. Domestic violence is caused due to bodily harm, physical, mental and psychological
destruction. The social worker plays its role when legal system fails to provide justice.
Significant Human Rights along with Articles and Clauses
Domestic violence led to violations of distinct number of human rights. In 1992, the United
Nation committee on the Elimination of all Discriminations against Women (CEDAW
Committee) was formed and recognised this issue. On its 25th anniversary of convention the
Australia ratified in order to promote and protect the human rights of women. The government
by accelerating its steps towards the protocol ensures that any discrimination against the women
is not acceptable. The committees aims to achieve gender equality even in law. Further the
Article 3(a) CEDAW provides that every women has right to live (Forst, 2017). It ensures the
states to take measures and legislations in respect of advancement and development of women by
providing then the substantive equality. The Dotty has right to life, liberty and security under
Article 3 of the United Nations Commission on Human Rights, 1948. As under this case Dotty
being domestically abused and generally this right is taken from women who are the victim of
domestic abuse. Moreover, Article 5 of the UDHR states that the individual shall not be exposed
to torture or any inhuman treatment. As in this case the Dotty was treated inhumanly and was
abused along with battered by her husband which led to breach of human rights.
Relevant Legislation
According to the case Mick Reynolds is alleged of crime, as domestic and family violence is
defined as crime under The New South Wales Crimes (Domestic and Personal Violence) Act,
2007. The objective of this act are:-
 To ensure safety of persons experiencing domestic violence including children
Preventing and reducing the act within the domestic relationships.
 Enactment of effective legislation and principles against domestic violence.
 Enactment of provisions consistent with the human rights.
Another legal issue under this case was the allegations of abuse within an aged care
organisation made by Dotty in respect of her brother William Johnson, aged 72 years. The
allegations were that her brother was being drugged for four months by the staff at the nursing
home. Further he was left with soiled adult nappies and used to leave him in the isolated room.
The Aged Care Act 1997, law covers aged care which is funded by the government (Matsuno &
Budge, 2017). The law formulates the rule in respect of funding, regulation, rights for people

who resides and receives care, quality of care. Further law relating to unethical practices such as
discrimination and diversity also comes under the umbrella. The law makes sure the aged care
services are provided properly. The nursing staff breached the law by not maintaining the quality
care and needs. Another legislation set is the Aged Care Quality and Safety Commission Act
2018, is set to enhance safety and health of the people residing receiving aged care (Gill &
Wilson, 2017). The commissions maintains the standards such as consumer’s dignity and choice,
proper care including clinical services and others in order to promote health and safety in aged
cared.
Relevant Policy
The relevant Policy includes the Fourth Action Plan of National Plan to reduce violence
against women and their children (2010-2022). The plan aims to eradicate and change the
unacceptable acts of domestic violence against women and children. Further in February 2014,
the government launched a legal framework of reform in respect of Domestic and Family
Violence. It formulated strategies to prevent and reduce violence against women and children.
Also Safety Action Meeting is implemented in the state as a part of strategy of NSW, to ensure
timely response against the violence leading to threat or injury.
The issues and experiences of service in the area of social policy accompanied by the law
The issues for and experiences of service users/clients in the area of social policy and the
law in the area of family and domestic violence (Lyons, 2019), are as follows:-
 Delay in response to the problem of family violence, thus urgency action plan is needed
to respond the family violence and the threat or injury occurred. As in the case, late
action is taken by the police.
 In Dotty’s case the primary intervention is to carry out services of identification and
investigation as these helps to treat victim and reduces future incidents.
 Further effective policy is needed to prevent violence and other strategies to help
integrate such treatment.
Ethical Issues for Social Workers
The ethical dilemma which emerges for social workers under the AASW Code of Ethics
2020, are as follows:-

 Self-determination: The social worker need to acknowledge the rights of their clients in
order to provide better treatment but many limit this when they face threat oy any
potential harm.
 Privacy and Confidentiality: The social worker focus to safeguard the privacy and
confidentiality of its clients unless and until such does not result into any serious harm.
Thus, limit is required to be set by the social workers in respect of client’s privacy and
confidentiality.
 Access to records: The social workers must provide the access of their records to clients
unless such do not cause serious harm to client or others. In such scenario, social worker
must justify in record their decision.
 Duty of Care: The social worker is record to provide quality of care and such can be
harsh if it is in the best interest of client. The social worker must advise its clients to
report or inform law in case of violence causing abuse to oneself or others.
 Ethical Decision Making: The social worker is required to be professional and impartial
in making decisions (Harris & White, 2018). In some circumstances social worker can be
partial, if such partiality is in its client’s best interest.
CONCLUSION
From the above report it is concluded that social policy are measures in order to protect
social workers from any harm or danger. These policies ensures harmony and peace in the
society. The case in this report illustrated ethical dilemmas which are domestic violence against
Dotty and another is the allegations made by Dotty in respect of inhuman treatment provided by
the staff of nursing home. Further the relevant rights and legislation accompanied by articles and
clauses are examined in the above report. Also the ethical dilemmas which can be evolved for
social workers are discussed. Thus, the report encouraged the social work practices in order to
maintain the quality lives of the society.

REFERNCES
Books and Journals
Baldwin, M. (2017). Care management and community care: Social work discretion and the
construction of policy: Social work discretion and the construction of policy. Routledge.
Forst, R. (2017). Normativity and power: Analyzing social orders of justification. Oxford
University Press.
Gill, C., & Wilson, D. B. (2017). Improving the success of reentry programs: Identifying the
impact of service–need fit on recidivism. Criminal Justice and Behavior, 44(3), 336-359.
Harris, J., & White, V. (2018). A dictionary of social work and social care. Oxford University
Press.
Kellehear, A. (2020). The unobtrusive researcher: A guide to methods. Routledge.
Lyons, K. (2019). Social work in higher education: Demise or development?. Routledge.
Matsuno, E., & Budge, S. L. (2017). Non-binary/genderqueer identities: A critical review of the
literature. Current Sexual Health Reports, 9(3), 116-120.
Rasche, A., Morsing, M., & Moon, J. (Eds.). (2017). Corporate social responsibility: Strategy,
communication, governance. Cambridge University Press.