Law and Policy in Social Work Practice Assignment: Child and Family Law and Adults Law Case Studies

Assignment Instructions

Discuss your understanding and application of law and policy in social work practice, drawing on tensions and dilemmas where necessary. Balance needs, rights and risks, and address human rights and equality (and associated legislation) and the Mental Capacity Act 2005 where applicable.

• Child and Family Law Case Study: refer specifically to the Children Act 1989, Working Together to Safeguard Children 2023, Pre-Proceedings and Court Orders guidance and other relevant legislation.

• Adults Law Case Study: refer specifically to the Care Act 2014, the Care and Support (Eligibility Criteria) Regulations 2015, the Care and Support Statutory Guidance and other relevant legislation.

Part 1: Child and Family Law (1,500 words)

Case Summary

You are on placement with the Duty and Assessment Team of a coastal local authority where recent arrivals of asylum seekers have caused community tension. A midwife calls the duty line after an antenatal appointment: a pregnant mother of two primary-school children has abdominal pain and bleeding that may be the result of physical trauma, appears apprehensive and may be admitted to hospital, leaving the children without care.

The family fled Gabon six years ago and were granted asylum. There is a history of domestic abuse by the children’s father, who later received a Community Order and a Restraining Order and has had no contact with the children since. The mother is in an on-off relationship with the father of her unborn child, who sometimes collects the children from school and has at times appeared to be under the influence of alcohol or substances.

Your Practice Educator asks you to lead a Child and Family Assessment with their support.

Questions

Who has Parental Responsibility for the two children and the unborn child, and what should they be told about this referral?

What options would you consider for the children if their mother is admitted to hospital overnight? Refer specifically to the Children Act 1989 and Working Together to Safeguard Children 2023.

What human rights and equality factors must be considered in responding to the referral? Refer to the Human Rights Act 1998 and the Equality Act 2010.

Part 2: Adults Law (1,500 words)

Case Summary

A 56-year-old man of mixed Irish and Indian heritage lives alone in Preston in a house inherited from his late parents. He missed developmental milestones as a child but was never formally assessed, completed an apprenticeship and worked for the same logistics company for 37 years until he was recently laid off.

His DWP employment advisor has contacted Adult Social Care with concerns about his personal hygiene and his understanding of benefit requirements. A neighbour has also reported the poor state of his house and that he is lonely and wants to return to his old job. One sibling lives abroad; another lives an hour away but has not visited for about a year. Your Practice Educator has asked you to complete an assessment.

Questions

What legal processes apply to assessing an adult’s (and any carer’s) need for care and support? Apply the relevant duties to this case, with specific reference to the Care Act 2014, the Care and Support Statutory Guidance 2025 and the Care and Support (Eligibility Criteria) Regulations 2015.

Outline the legal process you would follow to determine his mental capacity, referring to the duties under the Mental Capacity Act 2005.

What human rights and equality factors must be considered in responding to the referral? Refer to the Human Rights Act 1998 and the Equality Act 2010.

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