To consider the influence of legislation in relation to social care, the case of Mary who has been diagnosed with dementia will be used to explain how legislation is used. Within social work, law is very important as it is used to provide guidance and duties for the local authorities and professionals in how to proceed with a case.
In this case social care intervention would be appropriate for Mary as she has significant care needs. She is often confused by her surroundings, she needs assistance during the night, and she is at risk of neglecting herself and has previously relied on 24 hour care from her husband who is now deceased. Therefore the local authority has a responsibility to step in and provide Mary with the care that she now needs.
The first piece of legislation to be used would be the National Health Service Community Care Act 1990 (NHSCCA 1990) which would be used to assess Mary. Under section 47(1) of this legislation the local authority have a duty to assess Mary (Brammer: 2010, 408). There is currently no-one to care for Mary at home due to the death of her husband, who previously provided her with 24 hour care and her daughter has other family responsibilities making it difficult for her to provide the care that Mary needs. Therefore it is the duty of the local authority to put services in place to ensure that Mary’s needs are met.
Mary has dementia which is regarded as a mental disorder. There are a number of different definitions of disability in legislation. The Disability Discrimination Act 2005 (DDA 2005) has its own definition. However the definition that tends to be used within social work is the one that is in the National Assistance Act 1948 (NAA 1948), section 29(1), which defines a disability as a person: “aged 18 or over who are blind, deaf or