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Social Work Law

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Social Work Law
| |2nd Year |
| |BA (Hons) Social Work 1006891 |
| | |
| |Word Count: 2,174 |

|[Law & Social Work] |
| |

Contents

Introduction 3
Community Care Law 3
Mental Health 6
Anti-Discrimination 9
Conclusion 11
References 12

Introduction

This essay will state the legal obligations and rights in relation to the case study focusing on Community Care Law, Mental Health issues, anti-discriminatory issues and will show linkages between the different laws and issues raised throughout the essay. This essay will also identify, define and apply these various laws and issues to the case study appropriately including what assistance can be sought for the family involved and various assessments that can be carried out.

Community Care Law

The NHS & Community Care Act 1990 (1990 Act) was established in order to allow individuals primarily to be able to stay in their own home for as long as possible, to allow for proper assessment of the individuals needs and to give a high priority to the needs of the carer.

Under section 5A of Social Work (Scotland) Act 1968 (1968 Act) (as inserted by 1990 Act) the local authority of where the individual is residing has a duty to provide services to individuals that are in need of them after being assessed. This is linked to Part 2, Section 12A of the 1968 Act. Ken is defined as a person in need under Section 96 of the 1968 Act which states a person in need as a person who, “are in need of care and attention arising out of infirmity, youth or age; or


References: NHS & Community Care Act 1990, 1990 c.19 Section 5A, Social Work (Scotland) Act 1968, 1968 c.49, Part I Part 2, Section 12A, Social Work (Scotland) Act 1968, 1968 c.49, Part II Section 96, Social Work (Scotland) Act 1968, 1968 c.49, Part VII Section 4, The Disabled Person (Service, Consultation and Representation) Act 1986, 1986 c.33, Part I The Chronically Sick and Disabled Person Act 1970, 1970 c.44 Section 12AA, Social Work (Scotland) Act 1968, 1968, c.49, Part II Section 12, Social Work (Scotland) Act 1968, 1968 c.49, Part II Section 1, Community Care & Health (Scotland) Act 2002, 2002 asp5, Part I Section 87, Social Work (Scotland) Act 1968, 1968 c.49, Part VII The Adult Support and Protection (Scotland) Act 2007, 2007 asp 10 GIBBONS-WOOD, L et al., 2008, Chapter 6: Social Work Law in Scotland 2nd Edition Section 6, The Equality Act 2010, 2010 c.15, Part 2, Chapter 1 Schedule 1, The Equality Act 2010, 2010 c.15, Schedule 1 GIBBONS-WOOD, L et al., 2008, Chapter : Social Work Law in Scotland 2nd Edition. Edinburgh: W. Green & Son Ltd pp 169 Subsection 13, The Equality Act 2010, 2010 c.15, Part 2, Chapter 2, Section 13 Subsection 15, The Equality Act 2010, 2010 c.15, Part 2, Chapter 2, Section 15
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