“As an Approved Social Worker you have assessed a man with learning disabilities who has become depressed and self-neglectful following the death of his mother. You have concluded that guardianship is the most appropriate option, and you discuss your planned application with your manager, who responds.”
“She tells you that there is no point in making this application, because you are not geared up for guardianship arrangements – they may involve the authority in extra resource demands and responsibility for someone who does not really meet your eligibility criteria for an on-going service. She says that it would be far better to admit him to hospital and ensure he has treatment there.”
Now you need to decide what to do in this situation, select from the options below:
- Do you argue that to admit to hospital would be disproportionate, given that guardianship would provide a less restrictive framework for ensuring appropriate care?
- Do you argue that the authority should not have a rule that fetters your discretion as an ASW, and that you cannot be directed how to resolve the case?
- Do you agree with your manager that you should follow the local authority’s rules and procedures here?
- Do you argue that as an ASW you should be free to make the arrangements that would best meet your client’s needs in the circumstances he is in?
A. This answer shows that you have a tendency toward rights orientation
B. This answer shows that you have a tendency toward technical orientation
C. This answer shows that you have a tendency toward procedural orientation
D. This answer shows that you have a tendency toward needs orientation
Before you move on to the next situation, test your knowledge of key aspects of law that are relevant to this situation by answering the question below.
It is lawful for a local authority to restrict the options available to ASWs on the grounds that its rules on eligibility for services must be followed
The Correct answer is False
s.13(1), Mental Health Act 1983 The legal mandate vests the decision in the ASW’s own individual judgement, not that of their employer;
DH(2002) Fair Access to Care Services, Practice Guidance – Councils should not have blanket policies not to provide specific services, and eligibility criteria should not be too restrictive; all adults in genuine need should be able to access appropriate social care support;