W1070 Law and Safeguarding Assignment Sample

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INTRODUCTION

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Safeguarding refers to protecting health, well-being and rights of service user while assuring safety to them. The present assignment will be based on a case under which patient [Wahida] requires health and social care support. Mandatory laws related to safeguarding will be taken in consideration along with shedding light on risk factors and ethical dilemmas.

MAIN BODY

(1). Identifying risk and proactive factors with reference to case study

Risk proactive factors that are identified from Wahida’s case are- she is diagnosed with small vessel disease and osteoarthritis that influences her mobility, furthermore she is experiencing short term memory loss [physical factors]. Patient is suffering from lack of mental ability as she needs assistance in day-to-day task and there is no support family member which is impacting her well-being [mental and emotional factors]. In accordance with Section 13 of care act 2014 Wahida is eligible for care and support (Brammer and Pritchard-Jones, 2019). As per Care and Support Statutory Guidance (2023) local authorities are able to look upon Wahida and similarly PCSO has shown his consent to contact Adult Social Care for Wahida.

(2). Assessing Eligibility & Risks in Safeguarding Support

The care Act 2014 refers to the law which states about the ways in which adult social care needs to be provided. In Wahida’s case, there is instance requirement for giving her supports and quality care (Cooper and White, 2017). Under section 13 of the Care Act [2014] the eligibility criteria have been determined, below mentioned are the ways in which social worker can assess the eligibility of safeguarding enquires for Wahida-

Whether Wahida needs are arising from physical and mental impairment illness?

Do these requirements mean service user is unable to achieve two or more eligibility outcomes?

Is there is consistent impact developing on the well-being of Wahida.

From Wahida’s case it is clear that, she is struggling from mental [loss of memory] and physical illness [Mobility issues]. Also, patient is not able to achieve any of eligibility outcomes [Maintaining nutrition, personal hygiene, toilet needs, not able to clothed, she is not able to make use of adult’s home safely, habitable home environment, managing relationship, engaging in work and not able to use necessary facilities]. As per Care and Support Statutory Guidance (2023) Wahida is not able to achieve these learning outcomes which proves she needs assistance (Feldon, 2017). Furthermore, these issues are creating consistent impact on well-being of service user. For instance- Wahida is not able to perform her day-to-day task and she is further not capable to safeguard herself.

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Considering needs for Wahida with the help of eligibility determinations-

6.118- While considering type of needs and support to Wahida it is essential to communicate with local authorities along with reviewing the areas of well-being.

6.119- Eligibility determination for Wahida should be linked with her well-being and carer needs to assure mandatory support to her.

In accordance with Equality Act 2010, while arranging services for patient, local authorities must assure that there is no discrimination is undertaken and best of interest choices are made for service user. This act further states that, required adjustment needs to be made for Wahida that reduces substantial difficulty for her while involving in care services (Mandelstam, 2017). There might be possibility that local authority should get charged under sections 18-20 for certain care that needs to be provided to Wahida. However, there are other services such as- intermediate care, aids and minor adaptions and after care services that are supported by Mental Act 1983 in case of Wahida.

Six principles of safeguarding personal outlined in care act are- empowerment, protection, prevention, partnership, proportionality and accountability. In Wahida’s case, it is important to involve all of these factors. Service user must be empowered in and she needs to be involved in decision making. However, there is risk related to her involvement as she is lacking in mental capabilities, therefore, social care workers is accountable for taking decision. The next principle is to assure her protection and that decision should be made that just not create any harm to her. Prevention from abuse and harm at care home must be assured (Bekker and Posbergh, 2022). Safeguarding is communal process, in Wahida’s case there is no support from family members and therefore partnership with multidisciplinary team needs to be created. Proportionality states that, all of the positive and negative factors should be analysed and on the basis of this choice must be made for Wahida. At care home, everyone is accountable to perform their duty towards Wahida that assures best of interest for her.

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(3). Ways in which social workers develops plan in order to meet their needs

The safeguarding plan needs to be implemented in case of Wahida as there is on-going risk to her physical and mental health. Need assessment of Wahida as per Care Act should be undertaken. For instance- she requires assistance in day-to-day task therefore; a nurse needs to be allocated to her. Furthermore, service users in not able to able to implement decision by own in such situation, social care worker is accountable to make choice that concerned with best of interest for her. When Wahida wants to go outside at that time someone should go with her as this is important to assure her safety and further reduces the risk of getting lost in street or any shops.

(4). Identifying ethical dilemmas

The ethical dilemmas refer to the situation under which patient and care giver does not agree with established care plan. Hence, in Wahida’s case BIA [Best Interest Assessor] is accountable for selecting best option. The case of Wahida is quite difficult, she does not want to go to care home and she expressed her thoughts to family members in past. However, as per the situation of Wahida, it is important for her to get admit in care home so that she can get appropriate assistance on daily basis. Human right Act 1998 provides specific right to Wahida so she can live her life, therefore, her choice needs to be prioritised (Leonard, 2020). This reflects on the autonomy abilities of Wahida and according to this she can live her life based on her personal beliefs. However, she does not want to admit in care home that is creating a potential conflict as this is not appropriate decision for her. She has been struggling with mobility and well-being issues and many times she is not able to recognize that where she is. 

Mental Capacity Act [2005] is considered as that law which protects vulnerable adults in their decision making. In accordance with this act, best of interest decision for Wahida is to admit at care home (Lyne, Grimshaw and Brown, 2020). Section 1 of this act depicts that when a person lacks in mental abilities and he/she is not capable in terms of implementing decision then, in such situation the representative is liable to make choice. In Wahida’s case, no one is there to take decision and she does not have contact with her son. Therefore, social care worker is accountable to take that decision which highlights best of interest. As per section 2 government is liable for bearing the cost of services for Wahida, in accordance with section 3, if an individual is unable to take decision, then, appropriate discussion needs to be done and situation must be explained in easy manner so that, service user gets an idea about the situation. In similar manner, description to Wahida needs to be given. As per section 4, best interest checklist must be reviewed by assessor so that mandatory action could be taken. In Wahida case, focus needs to be ensured on her needs which are already mentioned under eligibility criteria. This clearly shows that, patient needs assistance in day-to-day task. The most important aspect that is section 5 of Mental Capacity Act [2005] which needs to be implied only when patient is lacking in mental abilities (Lee and Lyne, 2020). In current case, situation is same and therefore, choice can be made by assessor for Wahida as per this section. With the help of Sec 4 BIA can us balance sheet approach under which there are two options [1^st- Wahida should admit at care home and 2^nd- Wahida should not be admitted at care home.] As per Mental Health Capacity Act 2005, best of interest for Wahida is option 1. This is best decision in present case as it led to assure social, physical, mental and emotional support to patient.

CONCLUSION

Conclusively, this could be said that, in health and social care, safeguarding plays crucial role as it assures support to service user and further ensures that no harm is created towards them. The assignment has reflected upon the importance of safeguarding with relevant laws while considering ethical dilemmas and best of interest for patient.

References

Books and Journals

• Bekker, S., & Posbergh, A. (2022). Safeguarding in sports settings: unpacking a conflicting identity. Qualitative research in sport, exercise and health.14(2). 181-198.
• Brammer, A., & Pritchard-Jones, L. (2019). Safeguarding adults (Second edition.). Red Globe Press
• Cooper, A. & White, E. Editors, (2017), Safeguarding Adults under the Care Act 2014: Understanding Good Practice, UK, Jessica Kingly Publishing
• Feldon, P. (2017), The social workers guide to the Care Act. UK. Critical Publishing
• Lee, S. & Lyne, M. (2020). Deprivation of liberty: a matter of human rights. Demystifying Mental Capacity: A Guide for Health and Social Care Professionals. p.51.
• Leonard, I. (2020). The Mental Capacity Act’s interaction with other legislation. Assessing Mental Capacity: A Handbook to Guide Professionals from Basic to Advanced Practice, p.25.
• Lyne, M., Grimshaw, K. & Brown, K. (2020). Guidance on the use of the Mental Capacity Act for decisions regarding clinical treatment and care: An introduction.
• Mandelstam, M. (2017) Safeguarding Adults and the Law, Third Edition: An a-Z of Law and Practice, UK, Jessica Kingsley Publishers.