Inclusive Model Of Ethical Decision Making

Introduction Social work practice is not without its human rights, ethical and legal contexts and issues and effectively working with them is pivotal to safe and empowering practice. This practice includes creating appropriate and extensive care plans, which work with the available resources and exhibit understanding of the contexts and issues. Daniel aged 20 has presented at Golden City Psychiatric Services in Bendigo in his first admission in a very depressed and uncommunicative state. The ethical dilemma for Daniel using the ‘Inclusive Model of Ethical Decision Making’ (Chenoweth & McAuliffe, 2015) which encompasses all contexts is his capacity to give consent and the conflicting best interests of his parents. This has been presented through
Universal legalisation includes duty of care under the Wrongs and Other Acts (Law of Negligence) Act (2003) and the Charter of Human Rights and Responsibilities Act (2006). Contextually based legislation for Daniel is the Mental Health Act (2014) and the Guardianship and Administration Act (1986), with the Disability Act (2006) supplementing the Guardianship and Administration Act (1986). The Charter of Human Rights and Responsibilities Act (2006), as previously discussed protects Daniel in a number of ways but especially ‘recognition of equality before the law’ (s.8), ‘protection from …inhumane and degrading treatment’ (s.10) and ‘humane treatment when deprived of liberty’ (s.22) (Fitzroy Legal Service, 2016). Daniel is through for protected against harm, stigma and discrimination practically from practitioners. The Mental Health Act (2014) regulates many aspects of mental health treatment including voluntary and involuntary treatment, assessment requirements, allowable treatments, medications and complaints. For Daniel this act will be working with him for most if not all of his life and he will require a lot of support from it, as it does with outlining his rights and the procedures to uphold his rights. The act also has within it disempowering aspects to it such as assessments which could reduce Daniels rights and choices (Chenoweth & McAuliffe, 2015; Fitzroy Legal Service, 2016; Brophy & Mcdermott, 2013; Brophy, Campbell & Healy, 2003). The Guardianship and Administration Act (1986), with the Disability Act (2006) supplementing is there if the capacity of Daniel goes to VCAT, and thus Daniel will need to be proven incompetent and with mental health related disability, as the Guardianship and Administration Act (1986), stipulates the powers and legality of guardians and the process in which the guardianship can be made and the disability act defines disability and