Socail Work and Children / Mental Health Law

In this essay I will discuss the potential implementations of law, policy, and ethics, in regards to the Morris family. In addition to this, I will explore the duties and powers for investigations, assessments and services, as well as make clear the different steps which could be taken to address the Morris’ family’s needs. This essay will attempt to analyse any ethical dilemmas whilst highlighting potential positive and negative outcomes for the family members involved. The core legislations which underpins and set the grounds for the steps that could be taken in regards to the Morris family is the Children Act 1989 and 2004 (CA(1989/2004) and the Mental Health act 1983 and 2007 (MHA 1983/2007). The addition to this, the United Nations convention of the rights of children (UNCRC) and the Human Rights Act 1988 (HRA) are also pivotal within this case. So that the core legislation relating to the case study can be explored in detail, the essay will be separated into two parts. In the first part of the essay I will explore the steps which could be taken in relation to Louise and Richard. However the main focus will be on Richard as much of the core legislation and guidance pertains to him.

The initial step for the community health team would be to carry out an assessment of Richard’s mental health needs. However the next steps that could be taken, largely depend on what is found during the assessment as well as what is in accordance with the relevant law and guidance. Bartlett and Sandland (2007) state that local and health authorities such as the community mental health team are required by law to make decisions and conduct practice which is compatible to the relevant law and guidance in case .

Princess Roper‘s Social Law Assignment SN-2912486

Under article 5 of HRA Richard has the right to liberty, and should not be deprived of this except in extenuating cases such as mental disorder. However due to the Binding Precedent set by case of Winterwerp v

References: Bartlett, P. et al. (2012) Mental health law : policy and practice . 3rd ed. Oxford: Oxford University Press. Bogg, D. (2010) Values and ethics in mental health practice. 2nd ed. Exeter: Learning Matters. Brammer, A. (2010) Social Work Law. 3rd ed. Essex: Pearson Education Limited. Brayne, H. and Carr, H. (2010) Social Work Law. 11th ed. Oxford: Oxford University Press. Brown, R. (2009) The Approved Mental Health Professional 's Guide to Mental health Law. 2nd ed. Exeter: Learning Matters. Children ,(1989 ,2004) Davis, L. (2009) The social Worker 's guide to children and families law. London: Jessica and Kingsley . Education.gov.uk (2012) United Nations Convention on the Rights of the Child (UNCRC) - Children and young people. [online] Available at: http://www.education.gov.uk/childrenandyoungpeople/healthandwellbeing/b0074766/uncrc/ [Accessed: 29 Mar 2012] Education.gov.uk (2010) Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children : The Department for Education. [online] Available at: https://www.education.gov.uk/publications/standard/publicationdetail/page1/DCSF-00305-2010 [Accessed: 29 Mar 2012]. Hendrick., J. (2004) Law and ethics . 2nd ed. Cheltenham : Nelson Thornes. Horner , N. and Krawczyk, S. (2006) Social work in education and children 's services . 2nd ed. Exeter: Learning Matters. Human rights Act, (1998) Maden, A. and Spencer, T. (2010) Essential Mental Health Law :a guide to the revised Mental act and mental capacity act 2005. London: Hammersmith Press. Mental Health Act,( 1983 , 2007) Munro, E. (2008) Effective child protection . 2nd ed. Los Angeles: Sage Publications. Princess Roper‘s Social Law Assignment SN-2912486 Abbreviations used within text MHA- Mental Health Act HRA – Human Rights Act CA – Children Act MHACP - Mental Health Act code of practice LCPP -London Child Protection Procedures (UK) UNCRC- United Nations Convention on the Rights of the Child EPO- Emergency Protection Order PPP- Emergency Protection Order LA- Local Authority CMHT- Community Mental Health Team Princess Roper‘s Social Law Assignment SN-2912486