Law and Social Work Flashcards

Flashcards on key vocabulary and concepts from Law and Social Work lectures.

Law

Statutory rules put in place by a governing body which protect individuals by dictating what is seen as acceptable behaviour.

Key principles of law

Openness, Fairness, Rationality, Impartiality, Accountability, Control of discretion, Consistency, Participation, Efficiency, and Equality.

The democracy representation of the people act 1918

An act created to allow women 30+ and men 21+ to vote, which in turn laid the original groundwork for movements such as the suffragettes movement.

Magna Carta 1215

An early document stating that everyone, including the king, had to follow the law.

Human Rights Act 1998

Protects individual freedoms such as right to a fair trial, right to life, and freedom of expression

Equality Act 2010

Allows for protection from anti-discrimination based on the protected characteristics.

State law

Laws passed through parliament.

Common law

Legal principles developed through court decisions over a period of time.

Conventions

Practices that are followed by countries institutions even though they are not specifically written in law.

Works of authority

Scholarly texts that provide guidelines on constitutional matters.

Judiciary

People who determine how the law is upheld.

Constitution

An outline of the structure of the government that ensures laws are carried out efficiently and within reason.

Legislator

People responsible for producing, amending, and discontinuing legislation such as MPs, members of the house of lords, and government.

Executive

People who implement the law.

Statutes

Acts of parliament that must be followed by everyone, such as The Care Act 2014.

Common law/case law/judicial precedent

Established by law courts over time, usually from looking at previous judgements which sets precedents.

Equity

Judges remedy disputes in common law such as deciding who gets what in terms of separation.

International law

European Convention of Human Rights.

Procedural rules

Covers court and tribunal processes.

Statutory guidance/law

Based off of law and guides you on what to do in specific; you must base your practice on these unless you have a justifiable reason not to.

Statutory power

Something that social workers have the power to do, and these are derived from statutes.

Duty

Something you MUST do and have no say in it.

Power

Something you CAN do.

Responsibilities

Something you SHOULD do.

Public law

Regulates and exercises public functions such as the government agencies and local authorities; these are held in an 'open court'.

Private law

Solves disputes between individuals or between individuals and organizations.

Civil court

Type of court that deals with disputes between individuals, and individuals and organisations, or government entities; typically, do not involve criminal disputes, but more so issues such as contracts, properties, and torts such as negligence.

Country courts

Deals with more civil individual and organizational matters.

High courts

Deals with more complex and serious cases.

Court of appeal

Decisions by the courts can be appealed and reevaluated.

Criminal court

A court that prosecutes criminal offences.

'Beyond reasonable doubt'

A level of certainty required for a jury to prosecute someone of a criminal conviction; must be very sure of this.

Mandatory/permissive

Local authorities are empowered by the law to do a must (duty) and a may (power).

Ultra vires

If local authorities step outside of their remit, they are acting beyond powers and are liable to penalties.

Protected Title

Social workers have this from the care standards act 2000.

The children and social work act 2017

Established a new regulatory body, social work England, with the functions of keeping a register of social workers, setting standards of education and training, and giving advice about standards of conduct and performance.

1970 local authority social service act

Established that all local authorities have social services.

McKenzie friend

Helps someone and represents someone if they're not represented in court.

Practicing with Human Rights Act

Ensures that you are acting in the least restrictive measure in with the human rights act.

Equality Act 2010

A UK law that protects people from discrimination on the grounds of 'protected' characteristics.

Protected characteristics

Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex or sexual orientation.

Equality Act 2010 (prohibited conduct)

Direct discrimination, discrimination arising from a disability, indirect discrimination, failure to make reasonable adjustments for a disability, victimization, and harassment on the basis of their protected characteristics.

Positive Action (s158 Equality Act 2010)

Measures to help individuals who share a protected characteristic to overcome disadvantages, meet their specific needs, or participate more fully in activities where they are underrepresented.

S149

As a year-kept the data.

Data Protection Act 2018

Also known as GDPR, it is a European Union regulation that enforces the rights of individuals; data protection and privacy. It sets out strict and specific guidelines for holding and sharing people’s organizations and has a goal of giving people more control over their data.

Data breaches

Data breaches are defined as destruction, loss, alteration, unauthorized disclosure of or access to peoples data.

7 principals of GDPR

Lawfulness, fairness and transparency, Purpose, Data minimization, Accuracy, Storage, Security, and accountability.

The Care Act 2014

The main legislation for safeguarding adults in the UK.

Article 8- Human Rights Act 1998

Right to respect for private life, not absolute, interference must be justified and be for a particular purpose, justification could be for protection of health, protection from crime, or protection of the rights and freedoms of others.

Section 115 crime and disorder act 1998

Any person may disclose information to a relevant authority, 'where disclosure is necessary or expedient for the purposes of the Act' (reduction and prevention of crime and disorder).

Mental Capacity Act 2005

While this Act does not have a specific section of data protection in the same way as other acts such as GDPR, it does talk about how data is handled when people lack capacity or cannot give consent.

The Welfare State

A system created in which the government takes responsibility for both the social and economic well-being of its citizens, this can happen sometimes through public programmes like social security, healthcare, and education.

The Care Act 2014

The main legislation for adult social care in the UK. It creates a statute that ensures that adults are accessed and provided necessary care, including those who may be vulnerable.

Health and Social Care Act 2022

Improving health and social care through increased and improved collaboration as well as integrating services. It aimed to integrate the NHS, social care, and public health together.

Mental Capacity Act or MCA

A law that helps with decision making for those who lack capacity.

Section 4A- deprivation of liberty and MCA

You cannot deprive someone of their liberty unless being deemed too by the courts.

Deprivation of Liberty Safeguards (DoLS)

These Deprivation of Liberty Safeguards are an amendment to this Act.

Mental Health Act 1983

This Act applies to anyone over 18 who is classed as having a mental disorder.

Mental disorder

Any disability or disorder of the mind.

Section 2

This allows for the detention of an individual for assessment; this is done for the safety of the individual or in the protection of others.

Section 3- involuntary inpatient and treatment

Needs to be suffering from a mental disorder that makes it appropriate to receive treatment in a hospital AND it is deemed necessary for the health and safety of the individual and others, and it can't be provided unless under this section, and the individual can receive the appropriate treatment.

Section 145- what is treatment?

Medical treatment the purpose of which is to alleviate or prevent the worsening of the disorder or one or more of its symptoms or manifestations.

Section 7-Guardianship

This section allows for a person with a mental disorder to be placed under the care of a guardian, who will have responsibility for their well-being and welfare.

Section 17 A-G community treatment orders

Community treatment orders are orders so an individual can be treated in the community.

The children act 1989

This Act's section 1 has the welfare of the child is paramount.

Section 22- duty of authorities in relation to a child being looked after

Legal duty for authority to accommodate a child and ensure the children's needs and wishes are met.

Section 44- emergency protection order

This gives right to remove a child from the home for a specified amount of time.

Section 46

Police officer has a right to believe a child is likely to suffer significant harm, also child can be taken from home and held in a safer home/accommodation such as a care/foster home, while a safety assessment is taking place and can last for 72 hours.

Children and Social work act 2017

Specifically to maintain the welfare and wellbeing of care leavers and It expresses importance of a corporate parent.

Corporate parent

An authority that takes on the responsibility of helping a child in state care, acting as a surrogate parent.

Crime and disorder act 1998

An Act that addresses all aspects of crimes in the UK, specifically regarding youth offenders. It introduced many new aspects to improving youth offending that can improve youth justice.

Detention and training orders

A custody sentence order for youth offenders ages 12-17.

Youth Offending Teams (YOT’s)

A multi-agency team that works with young people who are at risk of offending.

Children act 2004

This Act specifically focuses on keeping children with learning disabilities or special educational needs (SEND) and disabilities safe from harm.

Section 2

A person who promotes the rights and wellbeing and interests of children.

Section 13- establishment of local safeguarding boards

Requires all local authorities to establish local children safeguarding boards and promotes welfare of children in the local area.