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
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Use the case study to illustrate your understanding of the influence of underpinning legislation in relation to how social care intervention could improve their quality of life.
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…show more content… There are many things that must be taken into account when making these decisions. Considerations must be taken of the wishes and feelings of the service user, any beliefs or values that the service user may hold; such as Marys religious beliefs and also the information given by carers or family that know the service user well (Brammer; 2010, 483). In this case the decision made is for her to go to a residential home that is nearer to her daughter so that she is able to see her regularly; this is a catholic home which would suit Mary’s religious beliefs.
For a carer or professional to decide whether or not someone who lacks capacity should go into a residential home, the Deprivation of Liberty Safeguards (DoLS), is used to ensure that this decision is lawful. This is introduced in the MCA 2005 and in this case Mary is unable to make reasonable decisions regarding her welfare due to her lack of capacity (Johns, 2009, 35-36). However, the decision to place Mary in a residential home is depriving her of her liberty which is a basic human right, as stated in the Human Rights Act 1989. The DoLS legislation allows carers and/or professionals to be able to act to ensure that “a care home or hospital only restricts someone's liberty safely and correctly, and that this is done when there is no other way to take care of that
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