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Social Work Practice In England



             There are legal powers under The Mental Health Act 1983 for a warrant to be issued so that a police officer can enter the premises of a person who they believe may be suffering from a mental disorder and who are being ill treated, this can be found under section 153 of this act. Under section 127(2) it is an offence for anyone to ill treat or neglect a mentally disordered person in their care. (DOH website).
             There are limited powers under NHS&Community Care Act 1990 or National Assistance Act 1948 so that chronically sick and disabled persons can be moved to alternative accommodation if they are not receiving appropriate care. (DOH website).
             We can also bring in the Human Rights Act 1998 into this section regarding legislation where section 3 states that the state has an obligation to ensure that no one suffers inhuman or degrading treatment. This is fine but who defines what inhuman or degrading treatment is, from a personal point of view my definition will be different to say an elderly person who is being abused in a residential setting. What if this service user is suffering from dementia, she may believe as she knows no difference that the way she is treated is "normal-.
             When implementing The Human Rights Act 1998 the case between Z & others v UK: 10/09/99 brutally criticized Social Services for failing to protect under article 3 of the act. Although this case is relating to the Children and Families section of Social Services, is useful in the case of vulnerable adults in that there could be a solution if not a time consuming one where there can be a result, so under this act there is a right for the government to protect vulnerable adults. (Communitycare website) .
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             When defining abuse we come across a problem straight away as there isn't just one definition in use. The definition of abuse first proposed by the Law Commission 1995 and then integrated into who decides' and no secrets' policy guidance (AEA website) is as follows:.


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