Law, social policy and practice

Social policy concerns areas such as; health, education, material needs, housing, transport, income and social care
1. Professor Pete Alcock in LG10 mentions adressing our welfare and wellbeing is not just the Governments or states role
  1. Many other organisations and agencies are involved from all sectors (Public, private and voluntary)
    1. For example, NHS hosptials, private resisdential care homes and charitys such as the NSPCC or Barnados
      1. Rights frameworks (such as the UNCRC) and legislation (such as Human Rights legislation) have worked within policies since the 1980s to address inequalities and discrimination, working towards creating a more inclusive society. These have created new non-governmental organisations which scrutinise law and policy, such as the Children's commissioner.
        Equality of educational and employment opportunitys, Promoting ‘social inclusion’, Children’s rights and early intervention
A critial understanding of social policy is knowledge that can help practitioners assess the work they are engadged in.
1. The web of relationships surrounding a child (family, community, society) and how things are resourced for and around children, are to a large extent, the result of social policy
  1. Pam Foley's chapter "Public policy, children and young people" highlights there needs to be a balance between judging whether families need state provisions and to what extent is their health and wellbeing their own responsbility
    1. The media also plays a big part in the movement of social policy
      1. For example the social policy which affects private and public lives, such as the labelling of subjective terms such as "good childhood" and "hard working families"
        This chapter also argues that policy can be shaped by the "real world"
        Sure start centres were designed by the Labour government provide free childcare, family support, and advice services for families with children under the age of five years old. Initially the sure start centres were designs to cater for families from poverty stricken areas, who couldn't afford childcare otherwise. Although these centres were set up in the most deprived areas, they were not always accessible or known about by the disadvantaged families they were aimed for.
        Working in partnerships with parents and communities was seen as important to promote engagement with early years’ services, to reduce stigma and to ensure services are responsive to local needs and communities
Knowledge of the law can be empowering for both practitioners and the families they work with
1. You are able to give appropiate practical advice and support (or how to get advice) to those you work. Such as legal options, and the different consequences of each option
  1. The law lays down the miniunm standards that those who provide services must adhere to, and it specifies the safegaurds required for children living away from home
    1. This ensures that users of particular services can be assured that certain standards will be met
      1. Plus those that provide a service or who are resposible for its provision know what their legal obligations are
        When determing whether or not to make an order in any court proceedings involving children, the child's welfare is the court's paramount consideration
        Example of law concerning children is "The Children's ACT 1989"
        The case of Kimberly and David illustrates the complex relationships that define "family" in the modern world. In this case study the court had to decide whether or not the children should undergo DNA testing and to weather or not the children should have contact with David taking into account the results of the DNA test.
        These issues would normally come under parental responsibility, but if they are unable to agree like Kimberly and David the law allows the court to decide
In the UK and Eire law comes from the Government, the courts and international treaties.
1. The process of creating law has many strands, influenced by case law (made by judges) and international and European laws or secondary legislation
  1. The law grants rights and responsibilites and it has to balance competing and divergent rights which may change and develop over time
    1. In work with children and young people, the law will shape, control and inform practice in a number of ways
      1. For example, the way laws grants rights and freedoms to individuals
        The parents of Jodie and Mary conjoined twins, were told that they needed to separate the twins in order for Jodie to survive. Mary was relying on Jodie's heart for life and without separation Jodie's heart would eventually give up and they would both die however with separation Jodie had a good chance of life but sadly Mary would not be able to survive
        The parents expressed their wish they did not want the children separated based on their religious views, the court overrode their wishes and the twins were separated resulting in Mary passed away in Jodie living
        This case represents how the children's rights were more significance than the rights of the parents and the court was able to override their wishes based on a better outcome for one of the children
        Cases like this very controversial and people have mixed views on whether the court or the parents should be making these kind of decisions. Previously approximately 30 or more years ago the courts would have probably favoured the parents autonomy, but due to recent changes in social policy the right of the child was favoured over the right of the parents.
      2. The law affects many aspects of our daily personal and professional lives. For example as seen in the learning guide law will be evident in various different situations whether it is obvious or not. Such as, the legal drinking age, the criminal offence of graffiti, the legal age to drive, the legal requirement that all children between the ages of five and 16 must attend full-time education
        Everybody will have different perceptions about law, some positive some negative. These opinions will be based on personal experiences of facing the law and people's general perception based on various different influences such as society and the media.
        Criminal law deals with crimes that were investigated by the police and Crown Prosecution Service is on the harvest the state. If you are convicted of a crime there are various punishments such as fines imprisonments community orders or the requirement to attend training or treatment program. Before you can be convicted there must be evidence stating that you are guilty “beyond a reasonable doubt”. This is called the standard of proof. Judges jewellery and magistrates decide whether cases are guilty or not
        Civil law concerns cases involving disputes between individuals, such as where there is a court order because two parties cannot agree and therefore the court decides on the balance of probabilities rather than guilty or not guilty. Examples of civil cases could be disputes between parents, housing associations, or arguments with neighbours
Some young-people are perceived as dangerous, involved in criminal gangs and anti-social behavior which is often the image created in the media especially with the recent rise in gun and knife crime.
1. There will always be incosistentys in people's interpretation of the law depending on their individual knowledeges, experiences, beliefs and values
  1. All practioners working with children must understand the law to be able to use it effectively. Different practioners will have different understandings on the law and to what extent they must utilise it. They must also understand that young-people are all different and cannot be judged purley on their age as each child will develop and understand the law in different ways.
    1. For example a police officer who believes young-people are out of control and dangerous will probably inforce the law stronger than a teacher or someone that knows them in another practice setting.
2. There are many inequalities in youth justice such as the over representation of young black males in prision, this could make practioners behaviour differenty when encountering black youth because of the preconceived ideas they have
  1. In the clip "They’re all the same" Young people describe for themselves their feelings that they’re always viewed with suspicion. -The clip showed many different images of teenagers that felt adults in society always judged them and made them feel guilty for things they had not even done. This was evident throughout the clips especially from the children in minority groups such as black and Asian's. The children showed how they felt excluded and treated differently just because of the types of clothes they were wearing and their age

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Law, social policy and practice

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