Author: Andre Coleman

I will develop my professional identity as a mental counselor in many ways that will benefit the mental health profession and myself. To aid me in this endeavor, I will seek guidance from the American Counseling Association’s (ACA) Code of Ethics for mental health counselors and work diligently to apply their five ethical principles. These five principles are: Beneficence, Nonmaleficence, Autonomy, Justice, and Fidelity (American Counseling Association, Code of Ethics, 2005). To apply these principles it will be necessary to not only play the role of a highly credentialed counselor, but also act as an educator, researcher, advocate, and example to others. Below, I will briefly describe each ethical principle, and follow with an in-depth explanation of how they will be applied through each role, and how each pertains to the development of my professional identity.

Beneficence means to do good and to take measures to prevent harm whenever possible. (ACA, Code of Ethics, 2005). I will apply the principle of beneficence by promoting the welfare of the client at all times. I will purposely act for the benefit of the client. I will advocate for my clients behalf and pursue their best interests at heart.

Nonmaleficence

The principle of nonmaleficence means do no harm. This principle maintains the idea of not inflicting intentional harm, or engaging in actions that risk harming others (ACA, Code of Ethics, 2005). I will apply this principle by avoiding harming others, and instead will work to promote their well being. I will work to eliminate threats and remove any elements that would result in harm to my clients. I intend to develop treatment plans that will help and improve their situation. Great consideration will be given on weighing the risks and benefits of treatment plans. Additionally, I will never encourage my clients to take action that would harm others.

Autonomy

The principle of autonomy describes the freedom to make one’s own choices and decisions (ACA, Code of Ethics, 2005). As a counselor, I will appropriately encourage my clients to act upon their own beliefs and values, and choose what they believe to be the best course of action. However, while it is important to promote the client’s independence, I must also protect them from the potential harm of their decisions and actions. I will explain to the client the nature of being autonomous while at the same time provide reasoning as to how their decisions may negatively affect their lives and the lives of others. However, in some instances where the client is underage or not of sound mind, it will be necessary for me to intervene, especially if their decisions are irrational and may harm others.

Justice

The principle of justice simply means treating others fairly and equally (ACA, Code of Ethics, 2005). I will apply the principle of justice by respecting each and every client’s rights. I will show appreciation for my clients and hold them in high regard. I will maintain awareness and strive to provide each and every individual with equal access to quality services, and in no circumstance discriminate or exploit my clients.

Fidelity

The principle of fidelity involves the concept of maintaining loyalty and an honoring of commitments (ACA, Code of Ethics, 2005. In my counseling practice, a client-centered approach will be used to develop a trusting and therapeutic relationship with my clients. Setting aside my personal concerns and needs, I will practice fidelity by actively listening and giving my clients my undivided attention. I will honor them by showing unconditional positive regard and acceptance. I will honor all commitments that I have made and will avoid leaving any obligation unfulfilled.

Credentials

My plan of action first begins with building my credibility and continued pursuit of obtaining my counseling credentials. I will take advantage of every learning opportunity and obtain my master’s degree counseling education through an accredited counseling program. Shortly thereafter, I will apply for licensure to become a mental health counselor through the Utahaa‚¬a„?s Division of Occupational and Professional Licensing. In order to obtain licensure, I will pass the following examinations: (a) the Utah Professional Counselor Law, Rules and Ethics Examination;(b) The National Counseling Examination of the National Board for Certified Counselors (NCE) and (c) The National Clinical Mental Health Counseling Examination of the National Board of Certified Counselors. Once licensed, I will then be identifiable to the general public as a professional counselor who possesses the knowledge and skills set forth by governing boards and the counseling profession (The Utah Department of Occupational Licensing, 2010).

Educator

As a Licensed Professional Counselor, I will continue to strengthen my professional identity by carrying a sense of professional pride and openly acknowledging to others that I am a counselor. Seeking out and seizing every opportunity to educate others, I will be steadfast in correcting misidentifications of my profession by friends, family, clients, and the public. I will make a clear distinction between the counseling profession and other helping professions. Being a visible presence within the community, I will work in various settings and all populations. I will educate others on the roles and functions of a licensed professional counselor, as well as explain what it takes to become one.

Example to Others

I will carry a sense of social responsibility, act with integrity, and practice good ethics professionally and personally. To increase my effectiveness as I mental counselor, I will seek out personal growth and healing, and model a positive productive behavior to others. I will work to manage my stress and prevent burnout by maintaining a balance between work and play. I will address and resolve personal conflicts and will continually assess my own level of personal wellness, the areas in which I need to grow, and my professional goals.

I will work also to ensure that each client I serve has a positive experience with mental health counseling. I will put aside my own needs, and act only in ways that will benefit the client. I will strive to understand, accept, and acknowledge my own limitations, and seek out help when needed. I will show empathy for my clients and express a genuine concern for their well-being.

Research and Practice

To further foster my professional identity, it is of great importance for me to create a visible and positive image of mental health counseling and its professionals. Accomplishing this will require a demonstration of ethical competence and credibility. I will use an evidence-based approach within my counseling practice to give me a higher degree of ethical competence and credibility (Sexton & Whiston, 1997). I will work to advance my profession by contributing new knowledge to society at large and the mental health profession. In practice, I will conduct research and investigate the cause-and-effects of behavior in a scientific manner. I will share results of this research with other counselors, so that the mental health-counseling practice can be informed at a larger scale. I will evaluate whether or not treatment approaches are working and will strive to always find a better approach.

I will stay abreast on the changes within the mental health profession, but will be cautious, and critically minded when new information is presented

Advocacy

Advocacy will be an intricate part to the development of my professional identity.

As stated in my discussion posting:

My reason for choosing to be in the helping profession of mental health counseling is to

be a facilitator of positive change in others. On a grander scheme, my wish is to create

more positive social change within my own profession in the hopes that the mental

health profession will positively impact society at large. As a mental counselor, I will

support this vision by advocating for my clients, my profession, and myself. To

accomplish this objective, I will need to observe, listen, and recognize social barriers

that cause distress. To reduce such barriers, I will need to become actively involved, be

prepared to speak up for others, challenge rules and regulations, and be open to scrutiny.

I will need to be tenacious, patient, persistent, creative in problem solving and have the

ability to persevere when setbacks happen. Additionally, I will need to be somewhat

altruistic, and giving of my time and services for little or no compensation (Smith, 2010, February 16, COUN 6100-3 Discussion section).

I recognize and acknowledge that taking such a role will challenge my level of comfort. I am ready and willing to use every resource that I possess and look forward to collaborating with other mental health professionals to promote positive change.

Professional Affiliations

With a collaborative spirit, I seek to work with such organizations that advocate for causes that affect the mental health profession in a positive way. I am planning to join both the American Mental Health Counseling Association (AMHCA) and the American Counseling Association (ACA). Their goals and mission have a lot in common with my professional values. Like myself, their mission is to enhance the health counseling profession through advocacy, professional development and education. They also seek to improve the standards of professional counseling, and distribute information that would further human development and the profession of counseling (AMHCA, 1995, ACA, 2005). Additionally, both professional associations are compatible with my professional values since they do not support the mistreatment of clients but seek to promote their welfare and provide the best service possible. Both organizations offer many services that will promote my values of growth and development, by providing opportunities for professional development, leadership training, advocacy services, continuing education classes, and access to publications (AMHCA, 1995, ACA, 2005).

Another association that I plan to be affiliated to is the Association for Lesbian, Gay, Bisexual and Transgender Issues in Counseling (ALGBTIC). The ALGBTIC is a division of the American Counseling Association. The ALGBTIC allows any individual that has interest in LGBT issues to apply for membership. Its mission is to promote greater awareness and understanding of gay, lesbian, bisexual, and transgender issues Their goals are to educate counselors on the unique needs of client identity development (ALGBTIC, 2009). They furthermore seek to strengthen counselors’ professional skills relating to sexual minorities. The mission and goals of ALGBTIC are compatible with my values because they seek create positive social change within society. They are working to remove the social barriers of prejudices and biases, and additionally are promoting non-discrimination and cultural competence within the counselor.

Social Changes

In the interest of removing social barriers that can greatly inhibit the provision of quality counseling services, I am interested in joining ACA and AMHCA in their advocacy for insurance reform. I will begin working within these professional associations to influence policymaking and legislation of healthcare policies.

I will also continue to educate myself on the ethical and legal standards of mental health counselors, and work to prevent the occurrence of professional issues. I will research some of the common professional issues (informed consent, confidentiality, client autonomy, compromised client care) that have arisen as a result of managed health care and third party reimbursements, and work to develop a contingency plan as to how best approach such issues.

As stated in my discussion posting:

Additionally, I intend to focus on advocating for client needs, specifically those in

poverty. I would like to focus on helping these individuals get the help they need. First

by, educating these individuals about the benefits of mental counseling, secondly, by

getting more affordable or free counseling services provided to those who cannot afford

it, and lastly to work to increase visibility to these individuals that such resources exist.

To carry out such objectives, I will fundraise for treatment centers and work to get

government funding as well. I will need to devote my time and resources for gathering

data that supports my agenda. I will collaborate and network with other professionals

and community organizations in the hopes of raising funds and influencing

policymakers. I will need to educate policy makers and the public about the mental

health profession. Being a member of counseling organizations such as the American

Counseling Association (ACA) will support my advocacy process. ACA provides its

members with information as to what’s going in all levels of government. They can

furnish me with the names of the key persons that can push my agenda (Smith, 2010, February 16 COUN 6100-3 Discussion section).

In the interest of removing social barriers that can greatly inhibit the provision of quality of life, I would like to also focus my efforts on reducing obesity in America.

As stated in my discussion posting:

I believe the addiction to food can be just as strong as an addiction to drugs or alcohol.

As we all know, the problem of obesity and weight related illnesses and disease

continue to grow. Many programs seem to address the mere symptoms of being

overweight by changing diet and incorporating exercise, but fail to address our

relationship with food. Healthy eating and exercise is only part of the battle. I truly feel

that the only approach to healing any problem is an honest examination of its symptoms

and roots, which is why I am interested in advocating for my public awareness of the

effects of emotional eating and how it should be treated (Smith, 2009, September 10, COUN 6000 Discussion Section).

Attitudes

The professional I interviewed in the mental counseling field is Sandy, a Licensed Professional Counselor for a very busy local counseling center. Sandy has been a licensed and practicing counselor for ten years. On an average workday, she services eight to nine private clients. Sandy describes her workplace as fast paced and quite stressful at times. Sandy’s work schedule varies in time of day to accommodate the needs of clients. She works with individuals, couples, and groups. Sandy also works with a variety of populations with many different problems. However, Sandy specializes in working with individuals who have post-traumatic stress disorder, anxiety, depression, and bipolar disorders. She also spends a great deal of time working with individuals who have drug, alcohol, and domestic abuse problems. Sandy’s work schedule varies in time of day to accommodate the needs of clients. She has group therapies on four evenings a week, consisting of seven to ten clients to a group.

Sandy disclosed that it can be frustrating when clients cancel or do not show up for their appointments, and that she only receives compensation for the counseling services she provides. However, this did seem to be of great concern for her. For instance, she mentioned the need for counselors to be altruistic and explicitly stated that providing therapy for Medicaid patients is not about making money, and that not much financial compensation is provided. On a side note, I was very surprised to learn that Sandy is not a member of any professional counseling organizations.

Sandy demonstrated a very positive attitude towards the mental health counseling profession, and a great sense of fulfillment in what she does. Her perspective and attitude towards mental health counseling was refreshing and inspiring. Sandy has an altruistic nature and is quite giving of her time. While discussing her feelings about the profession, she exhibited much passion, and little frustration.

The attitudes that Sandy and I carry towards the mental health profession are quite compatible. We both strive for positive social change and to bring out the best in others. Like myself, Sandy encompasses a philosophy of prevention and personal growth. We both share the belief that individuals can solve their problems. I have always believed that I can think my way out of anything, and to utilize every resource available to me. Sandy and I both tend to look at people and their situations in a holistic manner. Sandy conveyed a belief that a person’s condition is temporary. I feel the same way; I believe we all go through season of productiveness and progression, as well as dysfunction and regression.

The common thread that I see between my attitude and Sandy’s is that a career in counseling is more than just providing a financial income, it is a profession that nurtures our sense of purpose and valued connection to others.

I like that the profession of counseling allows me the freedom to use a combined approach of science and personal experience. What also appeals to me is that the mental health profession considers the psycho, social, and biological factors of a person’s situation. I would rather focus on mental wellness rather than a narrow focus on mental illness, this is the main idea or attitude that I harbor towards the mental health counseling profession.

Defining the differences between helping behavior and a helping relationship lies in the nature of the interactions between the parties. At one time or another everyone has provided support or advice to friends. A friendship is casual in nature with the tone of availability and support. Friendships are not bound by a code of ethics, but by an “understanding and desire to build the relationship” (Young, 2008). Usually advice is freely given, with little thought of the potential outcome, and the conversation is reciprocal. What may come easily for the friend with a sympathetic ear would not lend favorably in a professional helping relationship.

A professional helping relationship in counseling or psychotherapy has a fairly consistent nature. Deciding how one wants to practice, either privately or part of an organization, and determining the focus of the practice as well as the type of population one wants to serve is only the first step of building this professional helping relationship. It has a purpose and can be entered into for different reasons.

The person seeking this relationship could be looking for help with a problem or specific issue needing further understanding, resolution, and closure, or it can be a relationship that begins with a referral from another provider. “Therapy represents a complex power relationship” (Anderson &Handelsman, 2009) and this helping relationship is formed with specific expectations. It is structured and consists of regularly scheduled meetings, prearranged by time and place. It is dynamic as defined by Anderson & Handelsman, (2009) “clients have the power to decide whether to come, yet both therapists and clients share decisions making about the therapeutic goals and some of the general strategies.” This relationship is bound by standards, practices and a Code of ethical responsibility.

Every client is not the same. Each one brings with them not only their own issues but their own heritage and cultural background that influence their belief system, values and ideas that may be foreign to the therapist. A challenge that the therapist may face is in understanding how they feel about dealing with a person with a belief system different from their own. “Effective helpers come to understand the personal cultures of clients” (Eagen, 2002) and therefore should spend some time searching their own personal beliefs and values. A counselor’s personal beliefs and value systems can influence the interactions that they have with their clients. Eagen (2002) speaks to this interaction and goes on to say that “understanding clients’ different approaches to developing and sustaining relationships is important” knowing where one stands in their personal beliefs and being sensitive to those differences helps the counselor enter the relationship without judgment to value and respect the individual.

Mark Young’s Learning the art of Helping listed characteristics of a therapeutic relationship. They are:

There is a liking or at least respect [of the client].

The purpose of the relationship is the client’s issues.

There is a sense of teamwork as both helper and client work toward a mutually agreed upon goal.

There is a contract specifying what will be disclosed outside of the relationship. Safety and trust are established.

There is an agreement about compensation for the helper.

There is an understanding that the relationship is confined to the counseling sessions and does not overlap into personal lives.

As a contractual relationship- the relationship can be terminated at anytime.

A counselor’s job is to listen to the client. To listen to not only what is being said, but by how it is said. Subtleties or changes in tone of voice, cadence, and body language all help the client to share their story. The therapist may find that the client is using emotional communication; or emotional language. This can contain both positive and negative feelings. Having an understanding that feelings are more than what is being said, “familiarity with feeling synonyms can enhance . . . perception of the client’s emotional state” (Knapp, 2007).

The use of empathy, allows the client to understand that the counselor is present and really focused on what is being said while validation and normalizing communicates to the client that they are in their own way unique, but not so unique that they are alone in whatever may be going on for them.

As the counselor listens, [they] must decide what responses may be helpful to the

client . . . and question, confront, or challenge the client in response. These are the

responses that make the counseling relationship unique, and these are the behaviors that build trust between the client and the counselor. (Glasser, 2004)

Empathy

Empathy is a natural response to being with another person. “Emotional empathy is responding to another’s feelings” (Young, 2002). Empathy facilitates connections with a client because it shows that the therapist understands the person’s viewpoint. It is an important part of the therapeutic process and is seen as “a basic value that informs and drives all helping behavior” (Eagen, 2002). The use of empathy, allows the client to understand that the counselor is present and really focused on what is being said while validation and normalizing communicates to the client that they are in their own way unique, but not so unique that they are alone in whatever may be going on for them.

For example, a client comes into therapy stating that her son’s constant negative reactions to her requests are beginning to make her feel like a failure. An empathic response would be to reflect back to the client what has been said, because the counselor has listened to the experience and can reflect the emotion while describing the feeling, allowing the client to feel heard and understood.

One cannot think about using empathy effectively and not reflect on the work of Carl Rogers. Rogers used empathy to help a client feel understood; resulting in a feeling of empowerment and ability to solve their own issues as well a draw useful conclusions to their situation. His belief was that a therapeutic helper should meet a client with congruence, empathy and unconditional positive regard aligned with his therapeutic philosophy that “clients would move toward growth and positive outcomes if the helper provided the right environment” (Young, 2002). Kottler, (2007) described Rogers client centered therapy as a “power of nurturing relationships that offer respect, acceptance and warmth”.

Silence

The effective use of silence as a way of listening to a client allows presence

without intrusion. A form of non verbal communication attentive silence can be used when a client is given space to “reflect . . . and take time to think” (Young, 2008). Being able to hold the safe space and be quiet when the client is not speaking can present some challenges to a therapist. Being comfortable enough to allow the client to reflect, feel or view a problem or situation in a new way can all take place in moments of silence, and “when the client speaks again, a significant breakthrough in his thinking may occur” (Glasser, 2004).

As a professional, one needs to understand the nuances of their interaction with others as they determine how to help without hurting and support to those in need. Learning how to become an effective helping professional is a process of gaining knowledge from others and looking closely at self. Young (2008), offered advice on this stating a “reflective practitioner requires a commitment to personal awareness of your automatic reactions and prejudices and taking time to think on them”.

In deciding how one wants to practice, either privately or part of an organization, and determining the focus of the practice as well the type of population one wants to serve is only the first step. Building trust, a safe environment, and a professional demeanor is another. “In the role of therapist, . . . the therapy is about the client” (Knapp,2007). But it is the therapist’s responsibility to monitor the relationship and address issues as they arise through supervision and referral if they cannot be resolved.

Privacy and confidentiality with family or group

“Privacy is the client’s right to keep the counseling relationship a secret” (Cottone & Tarvydas, 2007). Therefore all aspects of the relationship fall under this definition. It is the counselor’s responsibility to ensure that all information shared is held strict confidence, and are guaranteed to be held in confidence unless the client approves the release of the information shared within the session. “Confidentiality is the obligation of the professional to respect the privacy of clients and the information they provide (Cottone & Tarvydas, 2007).

At the start of the professional relationship it should be made clear to client the limits of confidentiality. These specific situations include:

When presenting as a danger to self or others

Duty to warn another individual of an identifiable threat

Duty to protect said individual by some intervention or help

Any disclosed information about child or elder abuse or neglect

When questioned by parents or guardians when working with a minor

Consultation with other professionals or students of counseling

(Cottone & Tarvydas, 2007)

Breaking confidentiality outside of these limits can be devastating to a therapeutic relationship. “Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium” (APA, 2002), including files, internet or email correspondence and voice mail. Although therapists are human and subject to lapses of awareness and misguided judgments there is little room for such a grievous error.

For a practice that involves more than one individual as in the case for family or group therapy it is important that all people participating in the therapy understand “their roles and their relationships with all parties” (Fisher 2009). Since the therapeutic relationship is built on trust, a client that does not know the limits of the counselor’s sharing of information can be put in a potentially awkward or unsafe situation. It is the counselor’s job to explain roles clearly through the process of obtaining informed consent because all “clients have a right to know in advance . . . any limitation of privacy [and] confidentiality (Pope & Vasquez, 2007).

Standard 10.02 of the APA Ethics code defines Therapy Involving Couples or Families:

(a) When psychologists agree to provide services to several persons who

have a relationship (such as spouses, significant others, or parents and

children), they take reasonable steps to clarify at the outset (1) which of

the individuals are clients/patients and (2) the relationship the psychologist

will have with each person. This clarification includes the psychologist’s

role and the probable uses of the services provided or the information

obtained.

(b) If it becomes apparent that psychologists may be called on to perform potentially conflicting roles (such as family therapist and then witness for one party in divorce proceedings), psychologists take reasonable steps to clarify and modify, or withdraw from, roles appropriately (APA, 2002).

Building trust, a safe environment, and a professional demeanor is important. By helping a client become comfortable and able to share what is on their mind, the therapist can avoid a power differential and can begin to establish a respectful and helping relationship. Regardless of where one chooses to practice, the foundational principles of that practice needs to be ethical.

Personal and professional growth

“Competence is the cornerstone of ethical practice; ethical behavior is contingent on intellectual and emotional competence” (Pope & Vasquez, 2007). A Practitioner should strive for constant personal and professional growth, but needs to be aware of personal limitations and stress while balancing multiple responsibilities and incorporate a system of self care.

Section 2.06 of the Code of Conduct speaks to competence and addresses personal problems and conflicts.

Refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work related activities in a competent manner.

Become aware of personal problems that may interfere with their performing work-related duties adequately, take appropriate measures such as obtaining perofessional consultation or assistance, and determine whether they should limit, suspend or terminate their work-related duties.

(APA, 2002)

A simple formula to help achieve balance includes personal awareness, the counselor knowing the limits of his/her skills, participating in on going training, maintaining supervision to discuss ethical concerns and client progress, and know about current research and findings.

“Therapy represents a complex power relationship” (Anderson & Handelsman 2009). The counselor should be aware of his/her own system of judgments and as these and personal values are an important part of upholding ethical principles. He/she also needs to be aware of his/her client’s values remembering to be respectful and careful not to impose personal beliefs onto the client. The counselor holds all the responsibility to the client and all interactions need to remain within that framework.

Maintaining a sense of balance and self care is vital to maintain an integrated and cohesive lifestyle. The therapist needs to determine obligations and life choices that are true to the self, looking deeply at beliefs, values and virtues held to know where one stands. Having the internal battle for good or bad, right or wrong is not conducive to good mental health. Decisions made impact not just the therapist and client, but families, spouses, partners and colleagues.

Ethical considerations and responsibilities

“Ethical awareness is a continuous active process” (Pope & Vasquez, 2007). As a practitioner strives for personal and professional growth they need to be aware of personal limitations, stress, and balancing multiple responsibilities.

To ensure that therapists, clinicians, and counselors uphold high professional standards the American Psychological Association (APA) developed the Ethical Principles of Psychologists and Code of Conduct (ethics code). Serving as a guide to dictate procedural applications and conduct within a therapeutic setting. “Ethics standards set forth enforceable rules [and the fact that] a given conduct is not specifically addresses by an ethical standard does not mean that it is necessarily either ethical or unethical” (APA, 2002).

The Code of Ethics is a document full of information and far too lengthy for full review here. It is not for the purpose of argument but for a deeper understanding of the subject that this writer will review ethical standards for confidentiality and privacy, and how a self care strategy can help a therapist avoid burnout and making mistakes.

Principles

The APA has identified moral principles as being the basis for ethical guidelines. They are Beneficence and Nonmaleficence, Fidelity and Responsibility, Integrity, Justice, and Veracity.

Beneficence and Nonmaleficence – Implies that the professional avoids doing harm, intentional or unintentional, remaining within the scope of practice, and informing clients of any risk.

Fidelity and Responsibility – Striving to establish trust with those with whom therapists work. Upholding professional standards of conduct clarify professional roles and obligations and accept appropriate responsibility for behavior.

Integrity – Seeking to promote accuracy, honesty, and truthfulness in the science, teaching and [practicing of psychology.

Justice – Fairness or equal treatment for all. Advocating for client services, and respecting cultural differences.

Respect for People’s Rights and Dignity – respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination. Being aware that special safeguards may be necessary to protect the rights and welfare of persons or communities whose vulnerabilities impair autonomous decision making. Being loyal, terminating and referring a client when necessary.

(APA 2002)

Knowledge of the ethics codes need to go beyond just the writing on the page. “Ethical responsibility entails continuous awareness to prevent compromised performance” (Pope &Vazques, p.50) and therapists are expected to be knowledgeable and understand the guidelines that are in place. “A lack of awareness or misunderstanding of an Ethical Standard is not itself a defense to a charge of unethical conduct.” (APA, 2002).

In her article The Ethics of Being Ethical Patricia Stevens PhD (2000) University of Colorado-Denver explains “as we struggle to juggle aspects of our professional lives, we may choose to make life easier for ourselves by ignoring some of the basic ethical guidelines. . . [and] we develop multiple rationalizations to justify our behavior”. It is even easier to do when the therapist finds themselves under stress, distressed or pre-occupied with personal issues.

Asking for help, utilizing supervision and taking time to recharge is one way to help the counselor avoid breach of this very important ethical mandate. It is expected that the therapist has enough self awareness to recognize the fact that they are not performing up to capacity or are nearing burnout.

Boundaries can be defined two ways, permeable and flexible or impermeable and rigid. Although sometimes a mystery a therapists boundaries need to be flexible enough to adapt to the needs of the client while at the same time hold firm the expectations of the practice. Dimensions of personal boundaries are the responsibility of the therapist. One can follow ethical rules and mandates and still be flexible enough to be inclusive and culturally sensitive.

Boundary violations

Pope and Vasquez’s Ethics in Psychotherapy and Counseling (2007) listed twenty justifications that for crossing professional boundaries. Seven of them are listed below and all of them start with the phrase it’s not unethicalaˆ¦

If we have written an article, chapter or book about it.

As long as we can name others who do the same thing.

If we were under a lot of stress.

If no one has ever complained about it.

If the client asked us to do it.

If we could not (or did not) anticipate the unintended consequences of our acts.

If it would be almost impossible to do things any other way.

Counselors should be aware that “demonstrating behaviors like little to no self disclosing, not initiating social interaction with clients in a public setting, not entering into business arrangements with clients and not doing therapy with those whim you have relations” (Anderson & Handelsman, 2009), can help to keep boundaries in place. Questionable ethical practice in the areas of coercion, touch, gifts and sex are inappropriate and should not be tolerated.

In the spring of 2003 the American Counseling Association (ACA) assembled the Task Force on Impaired Counselors to “address the needs of impaired counselors and their clients” (ACA.org). The purpose of the task force was to design ways to help counselors that are impaired and get a better idea of the needs of the field.

Areas identified by the task force indicated that needs existed in the following areas:

Prevention and resilience education. Education efforts build on counselor strengths, helps counselors identify areas of vulnerability and provide strategies to promote wellness.

Resources, intervention and treatment including access to resources for impaired counselors and establishing best practice criteria for those who counsel and supervise impaired clinicians.

Advocacy within the ACA to address the needs of impaired counselors – through clarification of ethical guidelines providing access to services for impaired counselors before ethical concerns arise and addressing the stigma associated with seeking mental health treatment among counselors.

(counseling.org)

Glenn O Gabbard addressed patient-therapist boundary violations in his article Prevention of Boundary Violations: the roles of education, self-monitoring, and consultation (2008). Gabbard states his belief that education of the therapist and the public is useful to identify to the therapist and client to the “slippery slope concept one can reach with a subtle break in the therapeutic process.” He goes on to say the consultation can point out “blind spots in the therapist’s relationship with the client” with these two examples.

Anything you are doing with a patient should be something that can be freely shared with a consultant.

Anything you feel you must keep a secret from the consultant is exactly what you should be sharing.

Monitoring and self scrutiny are used to see that the counselor is balancing his/her life so that “emotional needs are met in the context of personal relationships in one’s private life . . . Gratification in doing the work cannot take place of an intimate relationship outside the therapeutic setting” (Gabbard, 2008).

There is value in learning how to develop positive self care strategies to use when feeling overwhelmed, stressed out, or emotionally, spiritually and financially drained. “As professional helpers, counselors have an obligation to model self care behaviors. . . and, when necessary, [seek] help from others” (McCarthy, 2008). Finding or developing a strategy that works may take some time but ultimately appears to be worth the effort.

Therapists do not enter the field with the intention of violating a client’s confidentiality or with intent to abuse or hurt in any way. But boundary violations, breaches in ethical responsibility and other incidents do happen. Gabbard, (2008) presents a model of asking oneself questions like “is what I am doing part of a carefully thought out treatment plan? Is anything I am doing potentially exploitative of the patient’s vulnerability? Is there anything I am doing that I could not share with a colleague?” Reflection on question like these may help to make a counselor aware of potential ethical or boundary violations.

“As counselors we must demonstrate the same level of commitment to self awareness, self care and balance for ourselves as we have for our clients” (ACA.org) ???

IntroductionCompany Background

Cheniere Energy was founded in 1983 and is a world leading liquefied natural gas (LNG) company. Through its subsidiaries the company engages in the development, construction, ownership, and operation of onshore LNG receiving terminals and natural gas pipelines in the Gulf Coast of the United States. It also engages in oil and natural gas exploration and development activities. Cheniere Energy is based in Houston, Texas with offices in Johnson Bayou, Louisiana, and London – called Cheniere International UK Branch. The London office consists of six people who are responsible for sourcing and trading LNG cargoes for Cheniere as well as managing the day to day operations and activities of the office.

Purpose of the Report

The purpose of this report is to examine work issues at Cheniere International UK Branch resulting from office harassment and specifically the conflict between an office assistant and the operations manager. It focuses on the interactive behaviour themes relating to communication, work relationships and leadership.

Definition of Interactive Behaviour at Work

The term interactive behaviour at work refers to the reciprocal communication conduct of two or more persons. It covers both their overt behaviour and the factors and processes underlying it. It also extends to the use of communication for purposes such as self-presentation, co-operation, influencing others, working in groups and leadership. (Guirdham, 2002)

Definition of the Themes
Communication

According to Guirdham (2002) communication is a process of transferring information from one entity to another. Interpersonal communication at work may be face-to-face or indirect, formal or informal, and transmitted verbally or non-verbally. Communication is affected by language, communicator style, the differences between one- and two-way communication, power and status, culture, gender and disability. These effects on communication give rise to barriers, which can be analyzed as intrinsic, individual level and inter-group. To be high in quality, communication must overcome these barriers.

Work Relationship

Interdependence and social orientations, roles, norms and conformity as well as co-operative, competitive and conflict behaviour are all concepts that help us to understand and be more effective in work relationships. Other important aspects related to the issues discussed cover conflict resolution, cultural differences, coping with prejudice, discrimination and harassment. (Guirdham, 2002) Harassment is defined as: conduct which is unreasonable, unwelcome and offensive, and which creates an intimidating, hostile or humiliating working environment. (Mullins, 2005) Harassment is a potential cause of stress. The Health and Safety Executive (HSE) defines stress as: “The adverse reaction people have to excess pressure. It is not disease. But if stress is intense and goes on for some time, it can lead to a mental and physical ill health”.

Leadership

Leadership can be defined as “the ability of an individual to influence, motivate and enable others to contribute towards the effectiveness and success of the organisation of which they are members” (Guirdham, 2002) There is a close relationship between leadership and management, especially in work organisation, and an increasing tendency to see them as synonymous. However, arguably there are differences between the two and it does not follow that every leader is a manager. Leadership might be viewed in more general terms, with emphasis on interpersonal behaviour in a broader context. According to Mullins (2005) due to its complex nature there are many alternative ways of analysing leadership. Leadership may be examined in terms of qualities or traits approach, in terms of the functional or group approach, as a behavioural category, in terms of styles of leadership, through the situational approach and contingency models, and in terms of distinction between transactional and transformational leadership.

Problem Identification

The issue discussed in this report involves the deteriorating relationship between a manager and an assistant (myself) in a small office environment. In addition the report looks at the behaviour of a director of the company involved to whom the employees were directly responsible to.

Matters discussed include the identification of key points of conflict between the two persons involved, the style of management, the reaction of fellow employees, the interaction with the director involved and steps taken to resolve the issue.

Background and Causes of Problems
Organisational Structure

Mullins (2005) states “Whatever the type or nature of an organisation or its formal structure, an informal organisation will always be present” (Figure 1). Mullins proposes that an informal organisation will evolve due to the natural interaction between people and groups within an organisation. While the formal structure, by its nature, is defined the informal structure will be a much looser system, with its defined attributes and its own forms of relationships. The danger here is that the informal structure may be at odds with the required aims of the formal organisation (Mullins, 2005).

These are areas in the informal organisation that relate to the problem discussed in this report:

Personal animosities and friendships

Emotional feelings, needs and desires

Effective relationships between managers and subordinates

The animosity and unfriendliness displayed by the manager, coupled with the associated emotional upset caused and the effect on my needs and desires (see Hierarchy of Needs below) dramatically affects the relationship between myself and the manager. These negative aspects within the informal organisation have a corresponding adverse effect in the formal organisation through loss of production, motivation and efficiency.

Figure 1 Organisational Analysis (from Kenneth Lysons, ‘Organisational Analysis’, Supplement to the British Journal of Administrative Management, no. 18, March/April 1997).

I joined the Cheniere International UK Branch in 2008 as an office assistant. Working at their London office in Mayfair where there were three other employees at my level, two were English and one was an American. I was the only one having English as a second language.

The operations manager was a mature English lady called my manager, with a very strong personality and an acertive attitude. I noticed that I was being asked to do considerably more work than the other assistants and that the manager was querying my efforts every day. At first I thought this was because I was new to the job and that it was a way of measuring my capabilities and ability to cope with the stresses of the work. It became clear however that this was much more of a particular attitude toward me as compared to the other employees.

Being aware of a personality clash between me and the manager I was trying to understand what caused her hostile behaviour and I considered if any behaviour of mine caused the conflict. On the other hand I knew I normally never have any major problems engaging with people, being an easygoing and friendly person. The Thoms-Kilmann Conflict Mode Questionnaire can be useful in explaining my stance in the conflict. Scoring 9 in avoiding and 9 in accommodating styles shows that I am not an assertive person, do not wish to hurt people’s feelings, obey orders and I am generally a selfless type of person. (See Appendix 1 for a copy of the Thoms-Kilmann Conflict Mode Questionnaire).

It is difficult to give any clear instances of harassment, as such, as this was a subtle but constant undermining of my position on a daily basis. This was apparent in her constant criticism of my work and references to my Polish background and English not being my native language. I made a point of asking the other assistants to check my work and they always said it was fine and that was just “her way” and not to worry. One occurrence that began to give me an insight to her behaviour was when she asked me, in front of all the other assistants, why “I did not work as a nanny or cleaner as all other Polish girls did”.

This indicated to me that there was the possibility that her actions were not actually based upon my performance but upon a much deeper prejudice and possible stereotyping of Polish people (either collectively or by gender).

Perception and stereotyping

Person perception is the process by which we attribute characteristics or traits to particular people. The factors influencing person perceptions are both external and internal. It is particularly useful to categorize factors that influence how one person perceives another as

The situation or context within which the perception takes place

Characteristic of the perceiver and

Characteristic of the person being perceived.

In perceiving someone else, we process a variety of clues about the person: facial expression, general appearance, skin colour, posture, age, gender, voice quality, personality traits, behaviours, etc. Some clues may contain important information about the person, but many do not. People seem to have implicit personality theories about which physical characteristics, personality traits, and behaviours are related to others. These beliefs and assumptions may affect how individuals view, treat, and remember other people. At best, the way that people group characteristics and traits helps them to organize their perceptions and to better understand their word. At worst, implicit personality theories lead to perceptual errors, such as stereotyping. ( Hellriegel et al, 1989) (Do you have a source for this? Are these your own word?)

Stereotyping is the tendency to assign attributes to someone solely on the basis of a category in which that person has been placed. (Weightman, 1999)

A major danger of stereotyping is that it can block out accurate perception of an individual and lead to potential situation of prejudice or discrimination. This in consequence can build communication barriers.

My manager’s tendency to ascribe negative characteristics to me on the basis of a general categorisation was a simplified process of her perception. Her stereotyping process based on my nationality and background had a significant implication to the atmosphere in our office and my wellbeing.

It might be true that some Polish women work as nannies or cleaners but it does not identify me, my needs, and my weaknesses. So if my manager used the stereotypical view of Polish women towards me, she missed who I actually am, as an individual.

It was very difficult to please and satisfy her because she developed irrational beliefs and prejudiced views about me. If being from Poland meant to her that I should be a nanny or cleaner she maybe believed that people of other races or backgrounds are in some way inferior and therefore deserve to be treated as second class. According to Tehrani (1996) the lack of self awareness in harassers increases their fears and prejudice. Harassers never feel strong enough to test their views objectively, preferring to live in an irrational world, where they need to continually support their prejudiced views with biased evidence. To explain even deeper her behaviour I would say she portrayed the actions of a stigmatizer.

Freidson (1983) stated that in Erving Goffman’s theory of social stigma “a stigma is an attribute, behaviour, or reputation which is socially discrediting in a particular way: it causes an individual to be mentally classified by others in an undesirable, rejected stereotype rather than in an accepted, normal one”. In the manager’s eyes I was different; she may not want to accept me because of my nationality, my different accent, my origin.

Goffman divides the individual’s relation to a stigma into three categories: the stigmatized are those who bear the stigma; the normals are those who do not bear the stigma; and the wise are those among the normals who are accepted by the stigmatized as “wise” to their condition. I then represent a stigmatized person, the manager is normal and rest of our team can be seen as wise.

I decided that although I did not like confrontation it was necessary to at least talk to her about the situation and try to resolve the issues. I asked to speak to her in private about my current situation, which I’m pleased to say she agreed to. This led to a meeting in her office where I expressed my concerns and was worried that she did not think I was suitable for the job. I asked that she put any pre-conceived ideas behind her and that she gave me the chance to prove by abilities based on my work rather than my nationality or background. Unfortunately she refused to accept that there was anything wrong with her behaviour to me and that I should “stop behaving like a silly girl” This last comment was made after she opened her office door so all the other staff could hear.

People are complex and need to be understood as individuals, not stereotypes. Uniqueness is what gets lost in the stereotypes and lack of proper communication. People need to listen, understand and consider the whole person, which requires rejecting any preconceived assumptions, based on the stereotypes that are created and used.

Having felt humiliated and knowing that the situation could only get worse I decided to talk to the director in charge of my office. I explained the situation and was particularly careful to give examples and try to be as rational as possible. The director told me that this was just my manager’s way and I should not take it personally. He said he was sure things would sort themselves out and there was no need to worry. In effect he refused to accept there was a problem and certainly did not wish to involve himself with any further discussions with either my manager or myself.

Strategic Implications of the problem
Strategic Implications of the problem include but are not limited to:

– High turnover of staff (extra training cost must be applied)

– Loss of staff (qualified and trained assistants)

– Unacceptable manager’s behaviour affected quality of work and effectiveness

– Intense sickness absence of assistants

– Bad company’s reputation and image

– Damaged trust in relationship with leader (director)

The above issues will be defined and discussed in terms of main themes stated initially i.e.: work relationship, leadership and communication.

Work Relationship

My case can be seen as a micro problem because it describes a situation in a small office and only a few people are involved in the conflict. However, harassment at the workplace occurs very often and causes a lot of problems. According to the Advisory, Conciliation and Arbitration Service (ACAS) harassment in the workplace costs employers in the UK more than ?2bn per year in sick pay, staff turnover and lower productivity. 19 million working days are lost each year as a direct result of workplace harassment. 1 in 4 people report that they have experienced harassment in the last 5 years. 70% of HR professionals have witnessed or have been aware of harassment in their organisation. Organisations that fail to address the problem of unacceptable behaviour at workplace pay a heavy cost in terms of loss of staff, reduced innovation, morale and sickness absence. This is in addition to the cost of litigation and bad public relations (Tehrani, 1996). Within one year two office assistants left the company, citing the cause as my manager’s difficult character.

By describing my personal experience I raise an issue that affects a lot of people and something that organizations have to deal with. Harassment is related with work relationships. According to Tehrani (1996) harassment has a number of common elements; it involves a hurtful behaviour, this behaviour is repeated over a period of time and the person being harassed finds it difficult to defend themselves. People being harassed will also have difficulty in being rational in their thinking, believing the acts or views of a harasser are the views of everyone else. When I was working for Cheniere I was feeling sad, negative and worthless. In addition my feelings were heightened with outbursts of anger, crying, loneliness and hurt. Lack of pleasure in almost everything that I was doing was significant and difficult to cope with. Being humiliated resulted in the lack of self confidence to assert myself and challenge the unacceptable behaviour of operations manager. It needs to be added that harassment is linked with stress. Guirdham (2002) stated: “Some of the major effects of stress include sleep trouble, tiredness, being unable to cope well in conflict situations, wanting to be left alone, smoking, drinking and eating too much, being unable to influence or persuade people and finding it difficult to get up in the mornings”. I recall that I was often very tired, could not sleep, did not want to see my friends or family and I often asked for days off from work.

From my above evaluation it can be stated that the operations manager was definitely my significant other at that time. She had very strong influence on my self-esteem and my behaviour. According to Smith and Mackie (2007, p 212) “Belonging to a negatively stereotyped group poses a threat to self-esteem, because group membership contributes directly to one’s individual self-identity”. This was demonstrated by Twenge and Crocker (2002) and by Luhtanen et al. (1991)

Abraham Maslow, in his book Motivation and Personality (1954) described a Hierarchy of Needs which shows five layers of need which must be satisfied in turn starting from the basic need for survival. As can be seen from the following diagram it is necessary to achieve belonging and love needs and then esteem needs in order to achieve Self Actualisation (personal growth and fulfilment).

In this instance the treat to the Esteem needs such as reputation, status, achievement and responsibility were threatened along with the Belongingness and Love needs such as relationships and workgroup. This creates an unstable situation leading to demotivation and other negative aspects. Not being satisfied at work and not being accepted by an employee I was not concerned about my career and future fulfilment but wanted to please my manager first to have better relationship.

Fig 2. Maslow’s Hierarchy of Needs

Management and Leadership Styles

According to Mullins (2005) there are many ways of looking at leadership and many interpretation of its meaning therefore due to its complex nature there are variable ways of analysing it. It is helpful to have some framework to examine leadership in terms of:

The qualities and traits approach

The functional or group approach

Leadership as a behavioural category

Styles of leadership

Contingency theories

Transactional or transformational leadership ; and

Inspirational or visionary leadership

(Please refer to Appendix 2 for further details).

It needs to be stressed that a large portion of the existing literature on leadership focuses only on the positive traits of leaders. However, the so-called “dark side of leadership”, or negative personal traits of leaders, has received relatively less attention. Also, in practice, leadership is mostly evaluated in terms of the positive traits and strengths of leaders, even though certain organizational factors and followers’ characteristics significantly contribute to the effectiveness or ineffectiveness of leaders (Toor and Ogunlana, 2009).

Ineffective leadership is not only due to the negative attributes of those in leadership roles but is also affected by the lack of positive attributes. Toor and Ogunlana (2009) note “Attributes such as lack of experience,

inability to control complex situations, incapacity to stand up to top management and being a poor motivator are not negative attributes as such; rather, these attributes reflect the absence of positive professional competencies”.

Many organisations and their managers and executives are guilty of ignoring, tolerating or sustaining conflicts (Guirdham, 2002). This statement confirms the behaviour of my director who was trying to explain that I should accept the fact that my manager is generally a difficult person and therefore should not take it personally what she says and how she behaves. Lack of leadership qualities can be seen in my boss’s attitude

The director was not an effective leader because a leader who lacks character or integrity will not be seen as a competent one. Even though he was intelligent, affable, persuasive, or savvy, he was also prone to rationalizing unethical behaviour. Office harassment is an unethical issue and should be resolved by a company’s leader, but it was not in my case. Moreover leaders not attuned to the needs of the employees are not effective either.

Successful leaders focus on workers satisfaction and loyalty. They should find ways to consistently engage them and incorporate them into company’s policies and make sure they know and obey their code of conduct. If they ignore, mistreat, or otherwise do not value their employees, they will not be valued for competences. Furthermore good leaders should communicate effectively across mediums, constituencies, environments of course employees.

The director was aware that manager’s behaviour was harmful but did not react and did not want to be involved in the conflict. This observation can lead to a statement that the director represented a laissez faire leadership style. According to Flynn (2009) this type of a leader describes passive leaders who are reluctant to influence subordinates or give direction. They generally refrain from participating in group or individual decision making and to a large extent, abdicate their leadership role. Subordinates are given considerable freedom of action and, therefore, seem likely to maximize their power and influence.

Although laissez- faire leadership can be very successful in some environments where followers are responsible for self-monitoring, problem solving in my case it was not what I needed. I was looking for a mediator in my conflict with my manager, someone who can direct and take steps to resolve the problem.

Tehrani (1996) argue that the role of leader in developing the skills which enable people to communicate in an open and assertive manner is perhaps one of the most effective tools in addressing conflicts. I felt that there was no support from the management of the company and the absence of a managerial ‘role model’ who I could turn to for advice and respect made the situation worse.

Communications

According to Hellriegel et al (1989) the importance of communication and the way people interact cannot be overestimated. When individuals engage in effective interpersonal communication, they increase their own sense of well-being and become more effective employees.

Interpersonal communication can be specified as face-to-face or indirect, formal or informal, and transmitted verbally or non-verbally. Communication is affected by language, communicator style, the differences between one- and two-way communication, power and status, culture, gender and disability.

Interpersonal communication involving face-to-face discussion is the medium with the highest degree of information richness. An information-rich medium is particularly important for performing complex tasks and resolving issues that involve considerable uncertainty and ambiguity. Non-verbal cues play a powerful role and are related to verbal communication.

The significance of non-verbal communication and body language need to be evaluated in this report as in my case it was more important than verbal communication. According to Mullins (2005) non-verbal communication includes inferences drawn from:

– posture,

– gesture,

– touch,

– invasion of personal space,

– extent of eye contact,

– tone of voice

– facial expression.

Very often the operations manger was using proper language and if was not obvious for others to see the conflict between us and her antipathy.

Her tone of voice and facial expression were sending messages that I was not accepted and were unwelcomed. I would often be ignored, such as when saying “good morning”, often my suggestions received looks of contempt and she would talk to the other employees but with her back towards me.

Mullins (2005) adds also that in our face-to face communication with other people the messages about our feelings and attitudes come only 7 per cent from the words we use, 38 per cent from our voice and 55 per cent from body language, including facial expression. Significantly, when body language such as gestures and tone of voice conflicts with the words, greater emphasis is likely to be placed on the non-verbal message. He also suggests that when verbal and non-verbal messages are in conflict (like in my case regarding communication with the operations manager) accepted wisdom is that the non-verbal signals should be the ones to rely on, and that what is not said is frequently louder than what is said, revealing attitudes and feelings in a way words cannot express.

According to Erven (2008) stereotyping (discussed previously) is a barrier to communication when it causes people to act as if they already know the message that is coming from the sender or worse, as if no message is necessary because “everybody already knows.”

Communication is at the heart of many interpersonal problems faced by employers.

Understanding the communication process and then working at improvement provide a recipe for becoming more effective communicators. Knowing the common barriers to communication is the first step to minimizing their impact. Stereotyping is a barrier to proper communication, it cannot just disrupt communication, it can destroy it.

Alternative options for resolving problem

Working in a small office environment involves working within a group and becoming an active and valued member of that group. I felt that my manager’s constant negative attitudes undermine by ability to work well within my peer group and also affected the other member acceptance of me into that group.

Although I felt no animosity with the other office employees and their treatment of me was always quite reasonable there was always the feeling that they were slightly embarrassed by the interactions between my manager and me and this prevented me from being able to be accepted completely into the group. I was always something of an ‘outsider’ and I was concerned that my complaints would label me as a ‘complainer’ and reduce any sympathy they might have for my situation.

Smith and Mackie (2007, p 216-222) identify several strategies for overcoming stereotyping in a working environment:

Individual Mobility – removing oneself from identification with a stereotype group either through disidentification or through dissociation.

Disidentification (putting the stereotype group at a psychological distance) involves removing a personal connection to the group through criticism of a member or members of a group or by identifying yourself as an exception to the normal group member.

Dissociation (putting the group at a physical distance) involves removing oneself from any connection with a stereotype group in an attempt to become accepted with those outside such a group.

Either of these would in my case be unrealistic or undesirable. I have no reason to be ashamed of my nationality or culture and although I consider myself to be cosmopolitan by nature I would not consider it right to either criticise my country or people for the sake of pleasing any work colleagues. I also think that trying to pretend I was not Polish would be impractical as well as unethical.

Smith and Mackie also suggest that “One can redefine group characteristics in positive terms in order to attempt to change society’s evaluations of this group.”

This would involve trying to dispel the negative attitude of my manager by positive action. For instance I could try to impress her with a high standard or work to show her that just because I was Polish didn’t mean I could not produce such work.

Although I believe in working to ones best ability anyway, regardless of the reasons, this strategy seems to me to be a negative approach. I would be trying to almost prove myself despite my background, which I find quite offensive.

Alternatively I could try to accept the environment and ambiance, and try to reduce sensitivity to hostility or displays of prejudice.

Mullins (2005) evaluated difficult people: “Perhaps our reluctance to identify, and then directly address, conflict within organisations is based upon the widely held belief that conflict is inevitable, negative and unmanageable”. There is a tendency to see conflict as a result one person’s personality. Conflict may be inevitable, but how dramatically situations could be changed if we could also view it as positive and manageable. What if we think of these situations as raising questions of difference? What if we were to make a shift away from blaming individuals and their personalities, recognizing instead that it is through normal human interaction that outward expressions of difference are produced? Unfortunately coping with difficult people is not one of my strong points.

Some causes of job dissatisfaction are impossible to alter, and in this case employees may well be better off making an exit. Leaving the job is usually a very difficult decision and can often cause mixed emotions: joy because of moving on to something better, sadness at losing people we enjoyed work with, relief we don’t have to cope with the problem and conflicts anymore. Uncertainty about the future and new job has usually a big impact on people’s decisions. I my case it was time to consider leaving the job.

Choice of option

It seemed to me that there were two practical choices available to me. I could stay working with the company and try to resolve the situation, or just accept it as it is and put up with it. Alternatively I could leave and find another job elsewhere.

I finally decided that I would look for a new job and at the earliest opportunity give my notice.

Rationale for choice

If I were to continue to work for this company I feel that it would be necessary to change the situation. To continue working there and suffering the effects of my manager’s behaviour towards me, the ineffectual leadership of the director and minimal support from my peer group would not be acceptable. Unfortunately to change the situation would require a significant amount of effort, with possibly little effect, and increase the pressure on what was already a stressful job.

Although it may be said that finding another job was running away from the situation I take a different view. I believe that far from running away I was taking control and I removed a negative and stressful situation by my own positive action.

Implementation of Option

Having decided to leave I was able to continue work while looking for new employment. This gave rise to a new situation where before I was depressed and tired all the time I ac

I consider that I have reached this outcome and the associated skills because I can identify the principal of issues for research on a specific legal topic.’ I have conducted my research on a specific topic ‘Secret Trust’. I also have found the principal issues of research as required for this topic by expressing a research question.

I think the doctrine of secret trust is not a unproductive issue. The difficulties pose in the test and finding of this doctrine clearly point out that it is worth a research topic. The difference between the Wills Act theory and outside the Wills theory makes it extremely grey issue which needs careful consideration. With just a simple attitude the fraudulent party may not be able to take the benefit for him or his family.

To identify secret trust, the definition of Wills Act and secret trust and how these are operated need to be considered. I thought that there is some unclear and merely enforceable thought about secret trust.

I realised that the case Backwell Vs Blackwell is a significant step to identify the doctrine of frustration. The difference between Wills Act and outside the Wills theory can be identified from it. While dealing with the difference I came across various debatable issues where Wills Act is more preferable to the courts. I found that secret trust can make fraud very easily.According to the court the contracting parties should bare the risk .To avoid these entire complexity force major clause is the proper solution.

While preparing my research I thought I need to start from the basic points of law of Trust. Why we make a trust? Why trust is failed? How secret trust is different from the requirement of Wills Act? In Blackwell Vs Blackwell , Re Falkiner and Re Keen Secret trust has three essential element that is intention to create trust, communication of the intention of secret trust to the secret trustee and acceptance of the trust by the secret trustee.

After Blackwell various new cases came into force and the doctrine of secret trust has developed but those were not important for my research. The important part was the gift which is absolute but informally agree with the trustee that this is a trust. And it causes problem for the court to prove that it is trust and actual beneficiary is in vary difficult situation he/she may not even know about the trust. To solve it new cases have developed but still remain some confusion.

Evidence

The first and the second paragraph of my essay clearly indicate that I have

demonstrated my skill in successfully identifying the principal issues. In my topic I have tried to identify the problems and complexity in relation to the application of secret trust and tried to focus on the solution to it. I have identified various legal areas in the form of case law which are essential for my research work. The first two paragraphs clearly indicates that I have managed to successfully identify the key issues for research in my topic and demonstrated the required skills of 1) legal sources and research and 2) freedom and the ability to learn. The formulation of my research question regarding the topic plays a vital role in the process. At first I tried to identify the key problems of the current secret trust and commentator view. Text books, journals and other supporting materials helped me considerably in the process. Later I evaluated the probable solutions represented by the legal scholars and the case law. There were several case laws which I studied during the research process and found them very informative and useful in order to get the total understanding of the current law, e.g. Edwards V Pike, Re Snowden, Re Young, McCormick V Grogan, Allen V Snyder and others. These cases brightened up my understanding regarding the topic. There were some very informative and useful articles I found at the online database. I am Thankful to the University of London for providing such a great source of materials, that helped me a lot as I could not have found those journal in the local database. The article and journal from online library, J E Penner’s law of trust, the subject guide helped me a lot.Patricia Critchley’s comment in dehors theory, Viscount Sumner’s comment about relation to the statute law and secret trust help me understanding in depth. Lord Hailsham L.C.’s comment about destroying the whole object of creating of secret trust and fraud on the beneficiaries gave a very in depth reflection on the chosen topic and guided me maturely throughout the process.

Outcome 2

Locate and retrieve relevant information on a specific topic using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).

Claim

I can locate and retrieve relevant information on a specific topic namely Secret Trust, using primary and secondary legal sources, in paper or electronic media (including use of the world-wide web).’ In doing the research I first studied my The Law of Trustt text-book written by ‘J E Penner.’ There I have gone through the Formalities and secret trust chapter, the relevant paragraphs and studied the relevant materials. At this stage I have found necessary information which helped me to get the initial ideas. I went through Westlaw via online law library. There I searched for the Secret trust and this helped to identify the potential research materials. I also went through Lexis Nexis for the cases on Secret trust. First I have studied the definition of formalities as laid down in Statute and text book and after secret trust as laid down in text book and by the case law. Then I have picked the exact definition which is important and I put it in my research. I also studied the examples of secret trust or the areas which can be regarded as secret trust and I felt that some of those were important for my research as they dealt with formal trust and secret trust. I have then studied the difference between the full secret trust and half secret trust which was very crucial and also have gone on study the limitation of secret trust which is basically the main part of my research. I have picked the part which I felt important and wrote my research accordingly.

I also studied at some relevant books available in my academy law library; however I decided not to include them in my project as this would mean going into much bigger detail than was required for present purposes. I knew from the very beginning that if I go through the text book and Westlaw I would be able to locate these materials important for the research.

Evidence

The first step in my work on this project was to search for all necessary cases and other supporting materials. From reading the subject guide and resource books I have identified the most important cases for my research. I have gone through the cases on my text book, the subject guide and study pack. Apart from this I have extensively studied academic arguments, which helped me lot to develop my research. In my research I have used the online sources. I have used both the Westlaw and Lexis-Nexis Library. I went for arguments and article there. I also studied the secondary sources and organize my research consequently.

The bibliography of my research essay lists the primary and secondary sources I studied for my research. The case summaries and commentator’s argument verify that I found primary legal sources relevant to my research area.

Outcome 3:

Use sources in a critical and reflective way.

Claim

‘I can use sources in a critical and reflective way.’ In paragraphs 3-16 of my research essay. I describe a critical and thoughtful analysis of a range of cases addressing the issue of the doctrine of secret trust. I identified those cases by examining the relevant sections of the text book, subject guide and commentary in Westlaw and then used the Lexis-Nexis database to find the cases and download full case report I have read the cases, found out the specific information addressing the issue of the doctrine of half secret trust and full secret trust, their differences, links and also tried to find the solution to the complexity regarding this area. While preparing my research I always check whether the topic which I have studied has any impact on my research. I have particularly checked Blackwell V Blackwell case and cases related to it. At the time of studying I checked whether any issue deals with half secret trust, full secret trust, their differences and links. I have asked myself whether the issues which I was reading have anything to deal with formalities and can help me to find that the distinction between half and full secret trust. For me an issue would be relevant if it anything to deal with secret trust. I have gone through the conflicting decisions and their arguments in favour of those and I got idea for my research.

I have come to the knowledge that an argument is important if it has reliability and used for proper purposes. In my research the legal arguments which I have given has strength and weakness. Whenever an argument has the persuasive power in relation to the topic and it can clearly put the picture to the reader then that argument has strength and if it is uncertain and unclear then the argument is unclear. In this regard I gave my effort to provide with the proper argument which put the clear picture to us.

Evidence

In my research essay I displayed my capability to use both primary and secondary legal sources and reference materials in a critical and reflective way. The case summaries and commentators view as given in the evidence for outcome 1 illustrate my ability to assess the primary legal sources judging their relevance and importance for my research.

Outcome 4:

With limited guidance, and using a range of legal resources, plan, research and produce an original piece of legal writing some of which should address areas of law not previously studied

in depth.

Claim

‘I can, with limited guidance, and using a range of resources, plan, research and produce an original model of legal writing some of which addresses areas of law not previously studied in depth.’ I finished a research essay using primary and secondary legal resources as I already mentioned in outcome two earlier. I had previous idea on law of secret trust. With those slight ideas I started my work. I have attended few group works with my classmates and personal session with my teacher. I drawn my research with these and the oral presentation helped me a lot to complete the research.

I have gone through the secret trust and its increasing use in various aspect of law of trust. I studied the purpose of the secret trust, enforcement of the secret trust, dehors theory, criticism of dehors theory, fraud theory and criticism I also studied the issue of testamentary trust. While reading secret trust I have read the impact of half secret trust and full secret trust and thus eventually I have studied the effects of formalities both under common law and under the statute (Wills Act 1837). In dealing with all these issues I have found that the university subject guide does not provide us with material information on this depth area.

Evidence

My research essay clearly indicates that this area has not been studied in depth. In our class secret trust chapter was dealt in a very short time and we did not have the opportunity go in depth with our teachers. The research essay is my original piece of work it is a genuine writing on a particular legal issue. I am stating that this is my original work. I received limited guidance while doing it. I am aware of the penalties for plagiarism. My claim that this work goes beyond my previous learning is absolutely based on the case analysis I have done while doing my research essay.

Outcome 5:

Make an accurate assessment of your progress and the quality of your work and, using feedback, identify areas for improvement.

Claim

I believe that my research essay provides the necessary evidence to show that I am able to correctly identify and critically assess source materials to produce a credible answer to my research question. I consulted a variety of supporting materials, made an accurate assessment of them and drew probable conclusions. I believe I succeeded in selecting the most relevant materials and rejected those materials which were not related to the work or which duplicated information.

I received feedback from my classmate Baezid, which allowed me to identify areas in need of change, improvement or clarification. I prepared a short presentation of my work outlining the topic and presenting the principal arguments. I believe that my oral presentation (Outcome 7) increased my understanding of some issues and highlighted those areas that need further work. In addition, the feedback I received from Baezid made me realize that I should focus on selected aspects of my research question and choose the two to three most important articles on the subject in order to be able to produce an essay within the word limit.

I consider that I have produced an answer to my research question which is as nearly as possible given the scope of the task. I believe that this work is highly original; it includes many valid questions and thought and could form the basis of a bigger research project.

Evidence

My research essay and portfolio provide evidence that I have achieved this outcome. In evaluating my work I focused on my research skills, my ability to analyse legal texts and my presentation of arguments. I worked with other students (Elahi and Mahmudul) which allowed me to evaluate my legal research and presentation of argument skills. Each of us prepared a short presentation in which we explained briefly and coherently our research proposals and the main aspects of our work. This was a good practice for my oral presentation (see the PowerPoint slides in Appendix C). In my presentation I focused on the conclusions. As I gave my presentation it became clear that I could not easily explain these, and my friends thought, even from what I had said, that my conclusion contradicted my own evidence. After my presentation, I reviewed my conclusions and saw that I was overstating my case and I needed to moderate my argument and make my points both clearer and more subtle. This presentation with other students also gave me an opportunity to reflect on my presentation skills and help me prepare for the formal oral presentation (see the discussion under Outcome 7 below).

Outcome 6:

Produce a word-processed portfolio, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email.

Claim

I can word-process text, with footnotes, using appropriate formatting tools, and communicate and exchange documents by email. I officially state that the full portfolio I have submitted was word-processed by me. The full assignment was completed in Microsoft Word software. I have used font Arial in size of 12 point. I also designed my headings, subheadings etc by using bold and underline format. In my whole legal research I have used 1.5 lines spacing to build it easier to read. the each outcome are in bold and size 14 point, the question of outcome are in 14 point and normal, the heading of claim and evidence are in 14 point size and with underline. In various tome to do my legal research I have faced many sort of problem, in that moment I have take very much support from my teacher and friends. They help me to solve the problem to how can my research essay become well.

Without internet this research can not be possible to complete well. I have tried my best to utilize this opportunity by using my University of London portal. After completing my research I have exchanged my research with my teacher friends by email. And I also take suggestion by this email.

Evidence

The provided legal research essay is the best and appropriate evidence of my achievement. The use of word processed portfolio, footnotes, screen shots of the emails I have exchanged, using a variety of formatting tools etc showed that I have completed this achievement.

Outcome 7

Briefly and accurately present and discuss, orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.

Claim

I can briefly and accurately present and discuss orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience. I made an oral presentation face-to-face at the Intensive Weekend in my Bhuiyan Academy H 13, R 7, Dhanmondi Dhaka 1205 Bangladesh on 2 February 2011 ( Morning Session). My assessor was Shajib sir senior teacher of my academy.

Evidence

I include as evidence the PowerPoint slides (Appendix C) which I used as the basis of my presentation, a certificate proving that I completed the presentation (Appendix D) and the assessment pro forma with feedback from Shajib sir (Appendix E) indicating that I reached a high level

of competence in the task.

Outcome 8:

Work as an active and effective member of a team contributing productively to the group’s task.

Claim

I can work as an active and effective member of a team and contribute productively to the group’s task. To do research I have took help from two of my associates. They help me very much. They help me to sort out what was the problem of my research, how can I prepare my power point slide, what is the mechanism of screen shots of the emails I exchanged are included as Appendix B. I also improve my research by taking help from my teacher. He also plays a very effective role as a guide of mine.

Evidence

In my legal research Appendix B and Appendix C I have tried to show my evidence that I have described above. These two appendixes’ is a mirror of my take help and group work with my teacher and friends. These also provide that how much I have afforded in a group work.

In 1992 the Department of Health and the then, Social Services Inspectorate, in England, published the findings of a survey of two social services Departments in relation to abuse. This publication found there to be a lack of assessments in large numbers of ‘elder abuse’ cases and little evidence of inter-agency cooperation. The report recommended guidelines to assist social services in their work with older people (DH/SSI 1992).

During the 1990’s concerns had been raised throughout the UK regarding the abuse of vulnerable adults. The social services inspectorate published Confronting elder abuse (SSI 1992) and following this, practice guidelines No longer afraid (SSI 1993). ‘No longer afraid’ provided practice guidelines for responding to, what was acknowledged at that time, as ‘elder abuse’. It was aimed at professionals in England, Wales and Northern Ireland and emphasised clear expectations that policies should be multi-agency and also include ownership and operational responsibilities (Bennett et al 1997).

This guidance was issued under section 7 of the Local Authority Social Services Act 1970 and gives local authority Social Service departments a co-ordinating role in the development and implementation of local vulnerable adult policies and procedures.

In 2000, the department of Health published the guidance No Secrets. The purpose of No Secrets was aimed primarily at local authority social services departments, but also gave the local authority the lead in co-ordinating other agencies i.e. police, NHS, housing providers (DOH 2000).

The guidance does not have the full force of statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation (No Secrets, 2000)

The aim of No Secrets was to provide a coherent framework for all responsible organisations to devise a clear policy for the protection of vulnerable adults at risk of abuse and to provide appropriate responses to concerns, anxieties and complaints of abuse /neglect (DOH 2000).

Scotland Historical

In December 2001, the Scottish Executive published Vulnerable Adults: Consultation Paper (2001 consultation) (Scottish Executive, 2001). This sought views on the extension of the vulnerable adult’s provisions to groups other than persons with mental disorder and the possible introduction of provisions to exclude persons living with a vulnerable adult, where the adult’s health is at risk.

A joint inquiry was conducted by the Social Work Services Inspectorate and the Mental Welfare Commission for Scotland. Both of these agencies were linked with the central government of Scotland who had responsibility for the oversight of social work services and care and treatment for persons with mental health problems.

In the report by the Scottish Executive (2004), a case of a woman who was admitted to a general hospital with multiple injuries from physical and sexual assault and who had a learning disability became the focus for change for Scotland in terms of adults who have been abused. The police investigation identified a catalogue of abuse and assaults ranging back weeks and possibly longer.

In June 2003 the Minister for Education and Young People, Peter Peacock MSP, asked the Social Work Services Inspectorate (SWSI) to carry out an inspection of the social work services provided to people with learning disabilities by Scottish Borders Council. At the same time, the Mental Welfare Commission for Scotland (MWC) also undertook an inquiry into the involvement of health services, though worked closely with SWSI during its inquiry. The two bodies produced separate reports, but also published a joint statement (MWC and SWSI, 2004), which summarised their findings and stated their recommendations. The findings included:

aˆ? a failure to investigate appropriately very serious allegations of abuse

aˆ? a lack of information-sharing and co-ordination within and between key agencies (social work, health, education, housing, police)

aˆ? a lack of risk assessment and failure to consider allegations of sexual abuse

a lack of understanding of the legislative framework for intervention and its capacity to provide protection

aˆ? a failure to consider statutory intervention at appropriate stages

The Adult Support and Protection (Scotland) Act 2007 (ASPA) is a result of the events that were known as the Scottish Borders Enquiry.

Following the various police investigations, it was identified that there were historical links between the client and the offenders who were later prosecuted in terms of statements held by social services department detailing the offender’s behaviour towards the woman and that this information was held on file.

The Scottish Executive (2004) described the case as “extremely disturbing but even more shocking to many that so many concerns about this woman had been made known and not acted on”. As a consequence, 42 recommendations from the inquiry were made and there was a specific recommendation which was taken to the Scottish Executive and involved the provision of comprehensive adult protection legislation as a matter of urgency as there had been concerns raised from political groups and high profile enquiries to provide statute for the protection of adults at risk of abuse in Scotland (Mackay 2008).

The Scottish framework links with three pieces of legislation. In 2000, the Adults with Incapacity (Scotland) Act [AWISA 2000] was passed and focused on protecting those without capacity with financial and welfare interventions for those unable to make a decisions.

Second, the Mental Health (Care and Treatment) (Scotland) Act (2003) [MHSA (2003)] modernised the way in which care and treatment could be delivered both in hospital and the community and improved patients’ rights.

Finally, the Adult Support and Protection (Scotland) Act (2007) [ASPSA (2007)] widened the range of community care service user groups who could be subject to assessment, and mainly short-term intervention, if they were deemed to be adults at risk of harm.

Mackay (2008) argues that the Scottish arrangements both mirror and differ from those of England and Wales. She maps out the intervention powers for adults at ‘risk of harm’ into a type of hierarchical structure known as a ‘pyramid of intervention’ which aims to reflect the framework of the various pieces of Scottish legislation and goes onto say that the principle underlying all of the legislation is “minimum intervention to achieve the desired outcome”.

Critique of definitions.

In England, the No Secrets (2000) guidance defines a vulnerable adult as ‘a person aged 18 or over’ and ‘who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’ (DOH 2000 Section 2.3)

The groups of adults targeted by ‘No Secrets’ were those “who is or may be eligible for community care services”. And within that group, those who “were unable to protect themselves from significant harm” were referred to as “vulnerable adults”. Whilst the phrase “vulnerable adults” names the high prevalence of abuse experienced by the group, there is a ‘recognition that this definition is contentious.’ ADSS (2005).

The definition of a vulnerable adult referred to in the 1997 consultation paper “Who Decides” issued by the Lord Chancellors Department is a person: “who is, or may be in need of Community Care Services by reason of mental or other disability, age or illness: and who Is, or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation” (Law Commission Report

231, 1995)

There are however broader definitions of vulnerability which are used in different guidance and in the more recent Crime and Disorder Act (1998) it refers to ‘vulnerable sections of the community and embraces ethnic minority communities and people rendered vulnerable by social exclusion and poverty’ rather than service led definitions.

There is concern, however, that the current England framework is more restricted than it should be, and that the problem is one of definition.

The House of Commons Health Committee, says that No secrets should not be confined to ‘people requiring community care services’, and that it should ‘also apply to old people living in their own homes without professional support and anyone who can take care of themselves’ (House of Commons Health Committee, 2007).

Even within the ADASS National Framework (2005) it has been argued that ‘vulnerability’ “seems to locate the cause of abuse with the victim, rather than placing responsibility with the acts or omissions of others” (ADASS, 2005)

The Law Commission speaks favourably of the Safeguarding Vulnerable Groups Act 2006, which, it says, understands vulnerability “purely through the situation an adult is placed [in]” (Law Commission, 2008). It is now becoming questionable whether the term ‘vulnerable’ be replaced with the term ‘at risk’.

If we were to look at the current legislation in England surrounding the investigations of abuse to adults, there are none, however there are underpinning pieces of legislation which whilst not in its entirety focus specifically on the adult abuse remit, but can be drawn upon to protect those most vulnerable. There are many duties underpinning investigations of adult abuse, but no specific legislation.

The NHS and Community Care Act 1990, section 47 assessments can be implemented in order to consider an adults need for services and can therefore consider any risk factors present at the time of the assessment. From this, assessment and commissioned services can support people who have been abused or can prevent abuse from occurring.

The National Assistance Act (1948) deals with the welfare of people with disabilities and states that the: ‘local authority shall make arrangements for promoting the welfare of person who…suffers from a mental disorder……who are substantially and permanently handicapped by illness, injury or congenital deformity or other disabilities’ and gives power to provide services arising out of an investigation out of the NHS & Community care Act 1990. (Mantell 2009).

The Fair Access to Care Services 2003 (FACS) recognises that community care services will be a vital aspect of adult protection work (Spencer- Lane, 2010). Interestingly the eligibility criteria that superseded Fair Access to Care from April 2010 (‘Prioritising Need in the context of Putting People First: A whole systems approach to eligibility for Social Care’), continues to place adults who are experiencing, or at risk of experiencing abuse or neglect, in Critical and substantial needs criteria banding, as FACS did.

Another definition of a vulnerable adult is cited within The Safeguarding Vulnerable Groups Act (2006), (SVG Act 2006), and defines a vulnerable adult as:

A person is a vulnerable adult if he has attained the age of 18 and:

(a)he is in residential accommodation,

(b)he is in sheltered housing,

(c)he receives domiciliary care,

(d)he receives any form of health care,

(e)he is detained in lawful custody,

(f)he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),

(g)he receives a welfare service of a prescribed description,

(h)he receives any service or participates in any activity provided specifically for persons who fall within subsection (9),

(i)payments are made to him (or to another on his behalf) in pursuance of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or

(j)he requires assistance in the conduct of his own affairs.

This particular act appears to take an alternative approach to the term ‘vulnerability.’ It refers to places where a person is placed and is situational. (Law Commission, 2008).

Following the consultation of No Secrets, one of the key findings of the consultation was the role that the National Health Service played in relation to Safeguarding Vulnerable adults and their systems. The Department of Health produced a document titled ‘Clinical Governance and Adult Safeguarding- An Integrated Process’ (DOH 2010). The aim of the guidance is to encourage organisations to develop processes and systems which focused on complaints, healthcare incidents and how these aspects fall within the remit of Safeguarding processes and to empower reporting of such as it identified that clinical governance systems did not formally recognise the need to ‘work in collaboration with Local Authorities when concerns arise during healthcare delivery.’ The definition of who is ‘vulnerable’ in this NHS guidance, refers to the Safeguarding Vulnerable Groups Act (2006) and states that ‘any adult receiving any form of healthcare is vulnerable’ and that there is ‘no formal definition of vulnerability within health care’ but those receiving healthcare ‘may be at greater risk from harm than others’ (DOH 2010).

In the Care Standards Act 2000 it describes a “Vulnerable adult” as:

(a) an adult to whom accommodation and nursing or personal care are provided in a care home;

(b) an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; or

(c) an adult to whom prescribed services are provided by an independent hospital, independent clinic, independent medical agency or National Health Service body.

Similar to the Safeguarding Vulnerable Groups Act, the Care Standards Act 2000 classifies the term ‘vulnerable adult’ as situational and circumstantial rather than specific and relevant to a person’s individual circumstance.

Spencer-Lane (2010) says that these definitions of vulnerability in England have been the subject of increasing criticism. He states that the location of the cause of the abuse rests with the ‘victim’ rather than the acts of others; that vulnerability is an inherent characteristic of the person and that no recognition is given that it might be contextual, by setting or place that makes the person vulnerable.

Interestingly Spencer -Lane (2010) prefers the concept of ‘adults at risk’. He goes on to suggest a new definition that ‘adults at risk’ are based on two approaches as the Law Commission feel that the term vulnerable adults should be replaced by adults at risk to reflect these two concerns:

To reflect the person’s social care needs rather than the receipt of services or a particular diagnosis

What the person is at risk from – whether or not the term significant harm should be used – but would include ill treatment or the impairment of health or development or unlawful conduct which would include financial abuse

Spencer-Lane (2010) also argues that with the two approaches above, concerns remain regarding the term ‘significant harm’ as he feels the threshold for this type of risk is too high and whether the term in its entirety ‘at risk of harm’ be used whilst encompassing the following examples: ill treatment; impairment of health or development; unlawful conduct.

Unlike in Scotland, there are no specific statutory provisions for adult protection; the legal framework is provided through a combination of the common law, local authority guidance and general statute law (Spencer-Lane 2010).

Whereby in England the term ‘vulnerable adult’ is used, in Scotland the term in the Adult Support and Protection (Scotland) Act 2007 uses the term ‘adults at risk’. This term was derived by the Scottish Executive following their 2005 consultation were respondents criticised the word ‘vulnerable’ as they believed it focussed on a person disability rather than their abilities, hence the Scottish executive adopted the term ‘at risk’ (Payne, 2006).

Martin (2007) questions the definition of vulnerability and highlights how the vulnerability focus in England leaves the deficit with the adult, as opposed to their environment. She uses the parallel argument to that idea of ‘disabling environments’, rather than the disabled person, within the social model of disability. She goes on to comment that processes within society can create ‘vulnerability’. People, referred to as vulnerable adults, may well be in need of community care services to enjoy independence, but what makes people vulnerable is that way in which they are treated by society and those who support them. It could be argues that vulnerability and defining a person as vulnerable could be construed as being oppressive.

This act states that an ‘adult at risk’ is unable to safeguard their own well-being, property, rights or other interests; at risk of harm and more vulnerable because they have a disability, mental disorder, illness or physical or mental infirmity. It also details that the act applies to those over 16 years of age, where in England the term vulnerable adult is defined for those over the age of 18 and for the requirement under the statute is that all of the three elements are met for a person to be deemed ‘at risk’.

ADASS too supports the use of ‘risk’ as the basis of adult protection, although its definition differs from the one used in Scotland. It states that an adult at risk is one “who is or may be eligible for community care services” and whose independence and wellbeing are at risk due to abuse or neglect (ADASS, 2005)

The ASPSA (2007) act

The Scottish Code of Practice states that ‘no category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute “harm” to others can be physical (including neglect), emotional, financial, sexual or a combination of these. Also, what constitutes serious harm will be different for different persons’. (Scottish Government, 2008a p13).

In defining what constitutes significant harm, No Secret’s (2000) uses the definition of significant harm in who decides? No Secrets defines significant harm as:-

‘harm should be taken to include not only ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also the impairment of, or an unavoidable deterioration in, physical or mental health; and the impairment of physical, intellectual, emotional, social or behavioural developments’ (No Secrets, 2000.

The ASPA (2007) act also goes onto detail that “any intervention in an individual’s affairs should provide benefit to the individual, and should be the least restrictive option of those that are available” thus providing a safety net on the principles of the act (ASPA, 2007).

The Adult Support and Protection (Scotland) Act 2007 says:

“harm” includes all harmful conduct and, in particular, includes:

conduct which causes physical harm;

conduct which causes psychological harm (e.g. by causing fear, alarm or distress)

unlawful conduct which appropriates or adversely affects property, rights or interests (e.g. theft, fraud, embezzlement or extortion)

conduct which causes self-harm

N.B – “conduct” includes neglect and other failures to act, which includes actions which are not planned or deliberate, but have harmful consequences

Interestingly the Mental Capacity Act 2005 (section 44) introduced a new criminal offence of ill treatment and wilful neglect of a person who lacks capacity to make a relevant decision. It does not matter whether the behaviour toward the person was likely to cause or actually caused harm or damage to the victim’s health. Although the Mental Capacity Act mainly relates to adults 16 and over, Section 44 can apply to all age groups including children (Code of Practice Mental Capacity Act 2005).

The Association of Directors of Social Services (ADSS) published a National Framework of Standards to attempt to reduce variation across the country (ADSS 2005). In this document the ADSS 2005 updated this definition above to :-

‘every adult “who is or may be eligible for community care services, facing a risk to their independence” (ADSS 2005 para 1.14).

England and Scotland – differences with policy/legislation
Definition of vulnerability

Three part definition to definition of ‘at risk of harm’

Harm might be caused by another person or the person may be causing the harm themselves

‘no category of harm is excluded simply because it is not explicitly listed. In general terms, behaviours that constitute ‘harm’ to others can be physical (including neglect), emotional, financial, sexual, or a combination of these. Also, what constitutes serious harm will be different for different persons.’

Code of Practice, Scottish Government (2008)

Defining vulnerable: adult safeguarding in England and Wales

Greater level of contestation in defining VA in adults than children.

Doucuments in wales and England are very similar. In safe hands document is greater but both are issued under the provision of section 7.

Whilst they are guidance, there is a statutory footing behind them.

‘No Secrets (DH2000) defines vulnerable in a particular way: Is a person who ‘is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.’ No Secrets paragraph 2.3 Lord Chancellor’s Department, Who Decides (1995)

The ASP Act introduces new adult protection duties and powers, including:
Councils duty to inquire and investigate
Duty to co-operate
Duty to consider support services such as independent advocacy

Other duties and powers – visits, interviews, examinations

Protection Orders: assessment, removal, banning and temporary banning

Warrants for Entry, Powers of Arrest and Offences
Duty to establish Adult Protection Committees across Scotland
Harm includes all harmful conduct and, in particular, includes:
a) conduct which causes physical harm;
b) conduct which causes psychological harm (for example: by causing fear, alarm or distress);
c) unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud; embezzlement or extortion); and
d) conduct which causes self-harm.
An adult is at risk of harm if:
another person’s conduct is causing (or is likely to cause) the adult to be harmed, or
the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm
N.B “conduct” includes neglect and other failures to act (Section 53)

Literature reviewed for this study has included articles from academic journals and textbooks, government policy, guidance and briefings and other guidance produced by non-statutory organisations such as the National Care Advisory Service. Key themes within the literature reviewed have included the experiences of young people in care that contribute to their leaving care experiences, the effectiveness of services aimed at care leavers, social work practice with care leavers and the views of young people themselves on how prepared they feel when leaving the care system.

Background

Studies about young people leaving care point to the different life experiences that many care leavers have in contrast to their peers and argue that these have an impact on how prepared young people are to leave care. Whilst in the care system they face disadvantage plus a greater risk of social exclusion and poor outcomes such as low educational achievement and homelessness, unemployment and mental health problems (Stein et al 2000, Courtney et al 2000). Particular groups of care leavers can also face specific types of discrimination and disadvantage. Black and ethnic minority care leavers face identity problems due to a lack of contact with family and community (Barn et al 2005), young disabled people in care may encounter problems with poor planning in relation to their housing in the transition period from care (Priestly et al 2003) and young women in care are at greater risk of teenage pregnancy and the associated risks of poor outcomes (DfES 2006). Jones (2002) noted significant qualitative differences between young parents who have family support and those living away from home.

The life history of looked after children also plays a part in their preparation to leave care. Many looked after children can have complex needs that are related to their earlier childhood experiences. These experiences can impact on how they settle into their looked after placements and the level of educational achievement that they reach at school. Their educational achievements will affect how they manage in life after care. Looked after children often have a number of social, emotional or behavioural difficulties such as challenging behaviour, low self-esteem and poor concentration skills, which again can affect their transitions into adulthood (Soan and Lee 2010).

Transition

Everson-Hock et al (2009) attempted to analyse the effectiveness of transition to adulthood support services (TSS’s) to leaving care and their impact on outcomes including education, employment, substance misuse, criminal and offending behaviour, parenthood, housing and homelessness and health (Everson-Hock et al, 2009). The study, based largely on US quantitative studies found that young people leaving care were more likely to complete compulsory education if they received TSS’s; that there was moderate evidence that TSS’s improved employment prospects and; moderate evidence that TSS’s lessened the likelihood of negative impacts from substance misuse, offending behaviour, homelessness or early parenthood (Everson-Hock et al 2009). Whilst accepting that US based studies could not simply be transferred to UK experiences, the study conclude that “TSS’s do have a beneficial effect on the adult outcomes of looked after young people, in particular for education, employment, parenthood and housing” (Everson-Hock et al 2009, p52).

A study in Scotland identified planning transition to adulthood as important and noted that leaving care at an early age can be a concern. Moving from residential care to supported carers and then allowing young people to move in a planned manner that allows them a say in when they leave care is also important (Kendrick 2008). This study also identified failures by local authorities to make adequate preparations. Many care leavers did not receive a programme of preparation, particularly those in foster homes or being cared for at home. It was also identified that 60% of the young people surveyed had not received a formal leaving care review (Kendrick 2008). Evidence elsewhere also suggests that care leavers are often hurried out of care with the Director of the Office for Children’s Rights commenting “a common theme among those young people consulted was in their having remarkably short periods of notice to leave, together with their sheer lack of preparation to do so”(Morgan and Lindsay 2006).

Stein found that since the 1990’s there has been more of a focus on outcome studies (Stein, 2006). Nonetheless, the wide variation in both research and the collection of statistical outcome data by the government has been highlighted by international leaving care work (Stein, 2006). Likewise Simon and Own (2006 citied in ibid) stated that the information base for those in care and leaving care has immensely enhanced since 1998. However, they have also found three existing weaknesses. Firstly, the dates mainly have short follow up times. Secondly they focus only a small parameter of young people’s lives. And finally, they are mainly available for England.

Stein differentiates that the transition itself, is crucial to getting young people ready for the ‘risk’ of society, by giving them the time for independence, discovering, thinking, risk taking and character exploration (Stein, 2006). He says that coming across danger is possible through chance, so in order to identify valuable and harmful effects, by the revelation to these problematic situations, it allows for opportunities emerge for both problem-resolving skills and emotional coping skills are provided (Newman and Blackburn, 2002, cited in Stein ibid). Stein’s study analysis significantly shows that care leavers as a group are more likely to be socially excluded and that there are still huge gaps in research knowledge, particularly nothing in terms of using experimental and quasi-experimental methods (Stein, 2006). Therefore, there is a high demand for the usage of cohort experiments in giving a refined understanding of risk and protective elements over time. Furthermore, he openly shows that there is also a high demand to develop connections between empirical and theoretical work, this is because most of the studies do not involve research from theory in regards to context, theoretical investigation and theory making.

In view of the concerns and increasing awareness of the poor outcomes of young people leaving the care system, the Government produced a consultation paper (Care Matters: Transforming the Lives of Children and Young People in Care 2007). Care Matters (2006) detailed a number of government initiatives to assist the transition into adulthood for care leavers. Included in the proposals were a pilot scheme to allow young people to live with foster families until they were 21; establishment of a capital investment fund to improve supported housing options; top-ups of Child Trust funds for young people in care and national bursaries for young people in care that go onto higher education. One of the key principles of Care Matters echoed research elsewhere into transition – that young people should enter adult life when they are ready rather than when a local authority social worker decides that they should do so. Most young people are supported by their families until their early twenties yet those in care often lack that sense of security – they should expect no less from a corporate parent in terms of help in the transition to adulthood than their peers who live with parents (Care Matters 2006).

Rainer (2007:2) states ‘The DfES Green Paper Care Matters, and the Next Steps document, set out a range of extremely promising proposals to improve services to young people as they move through and out of the care system. However, there is evidence that when it comes to housing support care leavers are not yet consistently receiving the service they are entitled to under current legislation’. His reports analysed the scale of the issues and highlights the terrible conditions in which some care leavers are expected to set up their first home. Similarly, Broad (2005 cited in Stein, 2006) found that for young parents, young accompanied asylum and refugee seekers and young people remanded, their services were mainly described as staying the same since the introduction of the Children Leaving Care Act 2000.

The DH (Department of Health, 2003) found that some young people are drawn to the concept of independence and will have a strong drive to leave, however that urge is driven by various factors, these including a placement breakdown, the limited placements available, issues with challenging behaviour management, traditional expectations and tight transitions. DH (ibid) realises that inconsistent planning for adulthood is common for young care leavers, furthermore, the specific needs have not been consistently given to certain groups like ethnic minorities or single parent. However, having said that, some young people do have positive experiences whereas some experience hardships, this sometimes even included high risk of homelessness. Stein (2006) debated that a holistic approach needs to be considered when preparation is made for leaving care, that it each element needs equal amount of importance, practical skills are equal to emotional wellbeing as well being equal to interpersonal skills.

Housing

Support with accommodation is also identified as an important issue for care leavers and they should have access to appropriate housing options. For many leaving residential care or foster placements, issues such as coping with finances, shopping and self-care were challenging and practical support in developing life skills is something that will help better prepare care leavers for adulthood (Kendrick 2008). The National Care Advisory Service (NCAS) also stresses that suitable and stable accommodation for young people preparing to leave care will enable them to develop their skills and options in other areas such as education, employment and social networking (NCAS 2009). NCAS identified the importance of pathway planning and highlighted an example of good practice in Barnsley where pathway assessments have a specific section relating to accommodation which considers things such as a young person’s current arrangements; their practical knowledge; awareness of tenancy rights and responsibility to be a good neighbour; budgeting skills and the care leavers’ ability to access housing advice (NCAS 2009).

Care matters (2006) highlighted the negative consequences of frequent changes in foster care. In 2005/6, of 23,000 children under 16 looked after for more than 2.5 years; 65% had been living in the same placement for at least two years or were placed for adoption. While this is 1% higher than the previous year, unless the rate increases dramatically the government is unlikely to achieve their target of 80% by 2008 and currently 12% of children in care still experience 3 or more placements (Care matters, 2006). ‘Care Matters’ made a number of proposals about commissioning; increasing choice and training and support for foster carers and residential workers. While these are all positive steps they will not necessarily address the issues of shortfall in foster carers and the poor status of residential work as a positive option for staff. (Barnardos,2007,p4) ref:bernardos.org.uk

Lack of stability was also highlighted as a barrier to social bonding and support, emotional well-being, and educational success. The social worker would be responsible for the budget of each child. Care plans need to be revised. In interview with children in care, “one placement” was top on their list of what they desired (Morgan, 2007).

Employment, Education and Training

The educational under achievement of children in care up to year 11 is well researched and documented, but despite the long standing recognition of this issue there appears to have been no substantial improvement in recent years. ‘Care Matters’ recognises the importance of stability in education, particularly in years 10 and 11, but does not go far enough in outlining a school’s responsibilities to ensure looked after children are not denied access to their education through temporary or permanent exclusion. Given looked after children are disproportionately more likely to have their education disrupted through exclusion we are concerned about the degree of discretion in individual schools as to the interpretation of ‘last resort’. (Barnardos,2007,p7). While 56 percent of all children attained 5 good GCSEs of A to C in 2005, only 11 percent of children in care attained these levels (DfES, 2006); this level was 12 percent in 2006 (DfES, 2007).

A study of care leavers in the UK found that only 23 per cent were in full-time or part-time education (Everson-Hock 2009). The age that young people leave care can be a factor that leaves them ill-prepared for independent living. Many do so between the ages of 16 and 17, at a time when they also manage the move from education into training, work or unemployment. Their peers go through this transition most often whilst living at home with family support and the advantages of a stable home environment (Jones 2002).

The importance of attempting to achieve positive educational outcomes is stressed by a number of commentators as crucial in effective preparation for leaving care. Newman and Blackburn (2002) and Sinclair et al (2005) emphasise that having positive experiences at school and reaching an adequate level of educational achievement is strongly associated with resilience in young people in care and in getting them ready for adult life.

From a wider perspective, it makes sense for local and central government to invest in the future of care leavers and in England there is evidence in recent years of a change in philosophy so that supporting children and young people that are at risk of poor outcome is desirable so that that can maximise their potential in future (Stein 2008). Providing education and training focussed on future employment is crucial to this.

Health

Health services have an important role in supporting young people leaving care. Low levels of care leavers report seeing health professionals and high number report engaging in unhealthy behaviours such as smoking (Everson-Hock 2009). As part of effective partnership working, Directors of Children’s Services should ensure that health services, particularly mental health services are on hand to work with social workers and accommodation providers to assist care leavers (NCAS 2009). Young people with mental health needs especially might need help in locating suitable places to live. A further important health issue is for social workers to help young people to understand the importance of healthy living and have access to suitable cooking facilities (NCAS 2009).

Unfortunately, young care leavers are at a disadvantage here. For many 16-17 year olds, parents take on responsibility for arranging medical consultations, promoting a balanced diet, identifying ill health and discussing the dangers of smoking and drinking – local authorities as a corporate parent often take a less proactive role in this area (McLeod and Bywaters 2000). Added to the poor housing and deprivation that many care leavers experience and a consistent picture often emerges of malnutrition, infections, mental illness, drug use and susceptibility to physical attack (McLeod and Bywaters).

Being a young parent can have a great impact on people as they leave care. The prevalence of teenage pregnancy among looked after girls in England is around three times higher than that their peers under 18 in England (DfES 2006) and a study carried out by the Teenage Pregnancy Unit (2001) found that a quarter of looked after young people had a child by the age of 16 and nearly half had a baby within 24 months of leaving care. These young people in general are exposed to a number of risk factors associated with teenage pregnancies, including educational failure, socio-economic deprivation and involvement in youth offending (Kirton 2009), all of which have a negative impact on their preparation for independent living after care.

Quantitative research into young mothers leaving care was completed by Maxwell et al (2011). The studied acknowledged that the likelihood of pregnancy increases significantly in care leavers and used interviews and diaries kept by young mothers to try and identify how they were prepared to leave care as a parent. The study identified that young women wanted to provide a better childhood than they had experienced to their own baby and found motherhood as something that helped build a positive image (Maxwell et al 2011). Again, the research highlighted that the earlier lives of care leavers and the subsequent low esteem that they have can be a significant hurdle in preparing for life outside of the care system

Care matters (2006) propose that local authorities provide free access to sports and clubs, as well as opportunities for personal development and volunteering. The Healthy Care Programme supports this pledge, stating, “This supports the National Healthy Care Standard entitlement for looked after children to have opportunities to develop personal and social skills, talents and abilities and to spend time in freely chosen play, cultural and leisure activities” (DfES, 2006b, p. 3). More than 50 percent of the children who responded to the Green Paper reported having problems gaining access to such activities. (DfES, 2007).156 children in care rated the government’s ideas for what councils should promise to them. “A right to do leisure and sports activities” and “a chance to do a volunteering activity” were fifth and sixth on their list, respectively (Morgan, 2007, p. 33).

Support

Biehal et al (1995) also studied the impact of different leaving care services on the young people involved. This study found that specialist leaving care services were most likely to have an impact on those who came into care from the most disadvantaged starting point. Biehal et al found that many young people were unprepared to leave care, but that this could be affected by their earlier family relationships and housing experiences. Like other studies, it was identified that the best leaving care services should include making a contribution to improving accommodation options and helping young care leavers with life skills such as budgeting, negotiating and self-care (Biehal et al 1995).

Stein (2008) examined how to promote the resilience of young people in care and better preparation for adulthood, suggesting that this could be better achieved through provision of stability in care, a holistic preparation for transition and the provision of comprehensive services throughout their time in care which promoted a positive sense of identity. Stein also developed a theory that carer leaves fall into three distinct groups which can be shaped by their level of preparation to leave care – young people “moving on”, “survivors” and “victims” (Stein 2008).

Qualitative research into the views of young people on their preparations to leave care was undertaken by Morgan and Lindsay (2006). This identified that the assistance they were given in preparing to leave care varied greatly. Some identified good practice such as young people preparing to leave care gradually by spending a couple of days a week living independently in their new accommodation, and the rest of the week back in care. Support to learn practical skills such as cooking, doing laundry and housework was also seen as important but support in helping them learn these skills varied.

Morgan and Lindsay also identified that practical help received from local authorities when leaving care was often lacking. Only 52% received support for education and accommodation, 53% were offered continued support from social services and only 33% offered practical help with training or benefits and grants (Morgan and Lindsay 2006).

There is evidence that many young people feel largely unprepared for leaving care. Morgan and Lindsay’s study identified extremely short notice periods given to young people for leaving care, or young people being forced to leave care at a time when they did not feel ready to do so. In some of the worst examples, young people were given only 24 hours to leave a placement, they had no plan for the future, they had no ‘home-keeping’ skills and little choices as to where they would move onto (Morgan and Lindsay 2006). Many saw a leaving care worker as important but some saw their leaving care worker as unhelpful and unsympathetic.

Young people were able to identify what they wanted from leaving care workers – often simple things such as to be there to support but not to interfere, and to offer support in finding adequate accommodation. Again, a key point is that provision of effective leaving care support appears to vary greatly – Morgan and Lindsay summarise “the overall impression conveyed was distinctly that of a lottery, with some young people enjoying excellent preparation and support, whilst others received little or no help at all” (Morgan and Lindsay 2006, p22).

Mentoring groups or peer mentors – i.e. former care leavers – to assist care leavers have also been identified as useful in preparing young people to live independently (Clayden and Stein 2005). Young people leaving care can need support from different sources at different times and a range of support networks can be useful in helping them overcome the disadvantages that they face.

KEY FINDINGS

The key findings from the literature review have been firstly

aˆ?The accelerated process and young age of care leavers as opposed to other peers is a result of push factor such as placement breakdown, limitations in the supply of placements, problems in managing challenging behaviour, traditional expectations and personal choice.

aˆ? Limited housing resources and the unsuitable allocation and condition of various accommodation provisions.

aˆ? LA as a corporate parent take a less proactive role compared to the parents of young people who are not in care in regards to their health which continue patterns of instability were particularly vulnerable to ‘poor’ housing outcomes and were more likely to experience post care instability and homelessness.

aˆ? Young people who have left care are over-represented amongst young homeless people, including those who are sleeping rough.

aˆ? Entering the care system can prove to be highly problematic by disrupting a young person’s education progress due to placements complexities and the personal negative experiences of young people pre and post entering care.

aˆ? The lack of practical experiences and skills present during the transitions to independence presented as one of the main difficulties in conjunction with the issues of budgeting and housing as a main factor effecting a successful and stable transition.

aˆ? The research reviewed emphasised that young people would prefer and benefit from gaining support and experience in undertaking practical tasks prior to leaving care.

It is important to note that that the provision of leaving care services across the UK varies and young people in different areas will have different experiences and levels of support.

Most commentators agree that the experiences of young people both before they come into care and whilst in care can have an impact years later when they are preparing to leave care and that effective leaving care services are important in preparing care leavers for independent living. Support with accommodation emerges as one of the most effective ways to prepare young people to leave care along with provision of help and information on basic life skills such as budgeting, organisation and self-care.

There is certainly room for further research in this area, particularly based on the experiences of UK care leavers – at this point there is relatively little qualitative research into how young people feel about their preparations to leave care. The period before people leave care allows is an important period where carers and statutory organisations can make a positive impact on their lives – fully understanding the impact of TSS’s can be a valuable tool in delivering better outcomes.

What is the difference between helping service users and being a professional Social Worker?

Social work in UK has been a regulated profession since 2005 and the title ‘Social worker’ is protected by its regulatory body (GSCC) that entitles only those professionally qualified to use this term to describe themselves. Social work professionals are held accountable to the law, their employers, service users and to the GSCC code of ethics. They are guided by principles which make up an ethical framework these can sometimes prevent a social worker to do what service users may see as helping. More than helping, social work is seen as enabling people to resolve their problems. Therefore, working with them to develop skills required to overcome the problem, rather than providing a quick fix. The skills of empowerment, advocacy and user involvement are needed in professional practice so the social worker would be able to exercise their duty in line with the professional code of practice and conduct. This would help to limit bad practices while also promoting moral and job satisfaction.

Firstly, this essay will give a brief definition of what is social work; it will then go on to examine the key principles in social work practice. The role of a social worker, their responsibilities and the ethical framework will be described in some detail. It will then conclude with an examination on the significance in working in partnership. Lastly, I will look into the issues of diversity along with AOP and ADP. Finally, this essay will look on the significance of service user and carer experiences and perspectives along with a brief conclusion.

Social work is defined by the International Federation of Social Workers (IFSW) as a ‘profession that promotes social change, problem solving in human relationships and the empowerment and liberation of people to enhance well-being. Utilising theories of human behaviour and social systems, social work intervenes at the points where people interact with their environments. Principles of human rights and social justice are fundamental to social work’ (IFSW, 2000).

This definition of Social work shows that the duties of social work practitioners are linked with principles of empowerment, human right and social justice. Social work’s main duty is ‘to enable all people to develop their full potential, enrich their lives, and prevent dysfunction’ (IFSW, 2000). They will act as advocates on behalf of the people they serve and their duty is focused on problem solving also bringing about change. ‘Social work is an interrelated system of values, theory and practice’ (IFSW, 2000).

Social work is also a form of social control, ‘this because it involves promoting and protecting the welfare of not only the individual but also the wider community this dual responsibility often causes conflicts and tensions’, (Thompson, 2009, p.3). Social workers come to contact with individuals from many different backgrounds. Their aim is to help people overcome difficulties and live a successful life, while there are times where practitioners are there to support people in accepting a situation that cannot be changed (e.g. terminal illness, etc.). What differs social work from other professionals is the complexity and the variety of the roles in which they are involved.

The need to involve service users wherever possible and working closely with other professionals is required by a number of legislations, this makes the practice in a way easier, as it rules out misunderstandings or the possibility of missing out on important information. Individuals and other professionals involved in the process of working in partnership have to be involved during each stage of intervention. Partnership working is seen as a highly skilled activity, ‘it requires the ability to communicate and engage, assess and plan, to be sensitive and observant, and so on’, (Thompson, 2009, p.118).

Social work practitioners are expected to take regular training in order to expand their knowledge as the result of continuous developments in policies, theories etc. “Social work is an evolving profession, constantly responding to new policy aspirations, expanding knowledge and rising public aspirations.” (GSCC, 2008, p.10).

Trevithick (2009) categirizes knowledge under three headings that overlap and are linked together:

Theoretical – borrowed theories, analyse theories (purpose of SW), practice theories/approaches
Factual – law/legislation, social policy, etc.
Practice/practical/personal – acquisitioned, used, created knowledge.
Trevithick (2009, p.25-43).

The advantage of this framework would be that it gives directions where there is a need to further expand your knowledge. Social work profession requires a breadth and in depth knowledge base, however, ‘the knowledge base of the caring profession is not appreciated by the general public ….. partly due to the assumptions about the caring professionals being ‘common sense’ and requiring little or no specialist knowledge or skills’, (Thompson, 2009, p.11)

Social work professionals are guided by a set of values and a Code of Practice. Practice ethics are based on these values which aim to inform social workers intervention with service users. The code of practice set up by the general social care council (GSCC) offers an ethical framework to its practitioners’, this aims to maintain a standard of conduct for both employers and employees.

The social work code of conduct is designed to serve social workers when practicing their profession, it contains ethical principles which will underpin the approach taken in practice. ‘The professional code of conduct serves many different functions such as; guidance, regulation, discipline, protection, information, proclamation, negotiation,’ (Values and ethics in practice, p.127). It is very helpful to social workers as it offers guidelines as to what is expected from them as professionals.

Social workers have to be familiar with their value base and abide to them in day to day work. They have to put into practice the understanding of the values when practicing their profession. Ethical awareness is an essential part of the social work practices, a social worker’s ability to act ethically is vital when aiming to provide a high standard of services. ‘The code of conduct, ideally, offers the prospect, tantalizing if theoretical, of resolving value and ethical issues in social work’ (Adams et al. 2009, p.37). The day to day practice and the uncertainty which social workers can sometimes face would carry ethical dilemmas which will challenge their practice, ‘ethical dilemmas occur when the social worker has a choice between two different courses of action that can be both morally right but only one choice can be made, or when either course of action if chosen, would lead to the compromise of values or principles, (Purtilo, 1993),’ (Values and ethics in practice, p.117 ). Ethics and values can also intersect ‘when values or moral principles are in conflict, which poses a challenge about what to do, then an ethical problem has occurred, (Purtilo, 1993),'(Values and ethics in practice, p.117 ).

The traditional values developed by Biestek (1961), outlined the principles which formed the fundamentals of the social work practice. These principles were made up of seven points and act as an underlying framework to intervention with service users.

Individualisation;
Non-judgmental attitude;
Acceptance;
Purposeful expression of feelings;
Controlled emotional involvement;
User self-determination;
Confidentiality.
(Crawford and Walke, 2008, p.6)

These principles are essential to social work practice as they comply with what social work stands for, human right and social justice. Individuality for example gives the right to the service users to be free from bias and prejudice, therefore the social worker should avoid labels and stereotyping. Non-judgmental attitude would assure the situations are examined without bias, requiring social workers to avoid personal feelings and prejudices. Acceptance implies the expression of genuine concern, acknowledging the service users point of view, mutual respect, etc. Social workers have to give the opportunity to service users to purposefully express their feelings. In this way they will feel empowered and respected. Controlled emotional involvement requires the social worker to express their feelings but however in a controlled way, they should not come across as cold or disinterested this should be guided by knowledge and purpose, at the same time avoiding to over identify with the service user. Self determination is a principle that places importance in recognising the service user’s rights and needs to autonomy, right of decision making and the right of choice. Confidentiality is a right that service users are entitled to; this implies that consent must be taken from the service users before the information can be disclosed, unless there is a situation where other people may be at risk.

In social work there is a wide variety of theories and methods that help social workers intervene, the theory or method chosen will influence the language used and will shape the relationship between the social worker and service user. Language is the wealth of communication, it can open or close doors but also it can influence actions. ‘Language plays a big part of power relations that have to be unpacked and understood for empowerment to occur, (Dominelli, 2002)’ (Adams et al. 2009, p.175). Being a good communicator is essential to social work practice as communications skills are essential to building a relationship and also interviewing. ‘Lishman (1994) identifies four types of communicating: symbolic, verbal, nonverbal and written’, any type of communication is essential to all professional practices therefore social workers have to ‘simultaneously ask good questions, listen actively, convey information, exercise scepticism and reflect on interaction’, Adams et al (2009, p.176-178).

” Social work professionals are expected to work in partnership with people to find the solutions and achieve the outcomes they want, and to collaborate with other agencies and disciplines to ensure support is delivered in a coordinated way.” (GSCC, 2008, p.6)

One of the principles in building an effective relationship will be honesty (e.g. explaining the reason for intervention). Exercising mutual respect should be another fundamental principle in relationship building, keeping appointments or being on time is a very simple example but however very important. Respect should be exercised even in a case of different personal values as social workers are not there to judge but to help. Consistency is another principle that the service users appreciate, as it shows concern about their situation and understanding. Ethical behavior is essential, because as a social worker there is the duty to respect the code of conduct that social work abides to. Explaining issues that might arise during the intervention and making things clear before work is commenced can rule out later misunderstandings. All these principles will contribute to underpin the trust aspect of the relationship and make the intervention more effective.

Social workers always try to involve service users as much as possible in every aspect of their intervention, however, this is not always possible. There are times where social workers are requested to reach decisions and make judgments so that they can protect vulnerable people or in order to implement control. Social workers have legal powers which they would exercise to protect vulnerable people who may be at risk, this however may sometimes conflict with what other people involved wish for.

Anti-oppressive practice is a frame work that aims to incorporate the social work value base, it is a response to the continual lobbying by the oppressed individuals. Professionals providing anti-oppressive services redefine professionalism within an open power sharing framework and precise human rights-based value systems. ‘Practicing equality involves practitioners in valuing ‘difference’ in life-styles and identity instead of demanding uniformity’ (Adams et al. 2009, p.55).

Power imbalance is an important issue that should be addressed when working in an anti-oppressive way. The power that the social worker holds can be used both ways, constructively – aiming to empower the service user, but also social workers can abuse this power therefore reinforcing the power imbalance and oppression. However there is always the risk of being oppressive even though not intentionally, e.g. Through ‘naivety or ignorance, reinforcing stereotypes, inappropriate language, using power inappropriately and by acting as an ‘expert’, Thompson (2009, p.158-159). Social workers are involved in many complex interactions, ‘we have to recognize the potential for social work to do harm as well as good’ (Thompson, 2009, p.80). When looking at how inequalities and oppression manifest themselves, the PCS (Thompson, 1996) would be helpful.

Service user and carer involvement and participation can be challenging and also rewarding. However it is very valuable to social work practice, service users and carers can get involved in their own package of services or in a strategic planning and service development. ‘Users’ views of the quality of services and their participation in providing regular feedback on all aspects of social work are therefore an essential part of good practice’,(Warren, 2009, p.15). Service users’ and carers’ perspectives on services provided, have been sought by many researches for and also evaluators. However, in the recent years there has been a distribution of power which has resulted in the participation of the service users but also giving them the power to drive the research project.

In conclusion, social work is a challenging profession which continually challenges the boundaries of its practitioners, whether on a personal, cultural or professional level. Ethics, morals and values are all essential parts of the profession practice. Social workers have to practice in e reflective way, while recognizing diversities which they come across in a daily basis. ‘A social work practice that takes no account of existing inequalities runs the risk of: failing to recognize important factors in someone’s live, causing tension, reinforcing the negative effects of discrimination’ (Thompson, 2009, p.26).

Word Count: 2 217
Bibliography & References
Adams, R., Domilelli, L., Payne, M., (2009), Critical Practice In Social Work, 2rd edition, Palgrave Macmillan.
Adams, R., Domilelli, L., Payne, M., (2009), Social Work: Themes, Issues and Critical Debates, 3rd edition, Palgrave Macmillan.
BASW (1996) The Code of Ethics for Social Work, (www.basw.co.uk – accessed: 09/04/2010)
Crawford, K., Walke, J., (2008), Social Work with Older People, 2nd Edition, Learning Matters.
Eby, M., Gallagher, A., Values and Ethics in Practice, Chapter 7, (Course material).
http://www.ifsw.org/f38000138.html (accessed: 12/04/2010)
Thompson, N., (2009), Understanding Social Work, 3rd Edition, Palgrave Macmillan.
Trevithick, P., (2009), Social Work Skills – a practice handbook, 2nd Edition, Open University Press.
Warren, J., (2009), Service User and Carer Participation in Social Work, Learning Matters.

As human beings, we socially categorise people as members of social groups rather than as individuals. The reason why we do so is because it ‘provides useful information that cannot immediately be perceived and it allows us to ignore unnecessary information’ (Bruner 1957 cited in Smith and Mackie: 145).

The danger of this social categorisation is that it’ makes a group seem more similar to each other than they would be if they were not categorised’. (McGarty et al cited in Smith E and Mackie D: 165)

The process of seeing one’s self as a member of a group or self categorisation can have positive effects for individuals within a group. Tajfel (1972) argues that ‘people seek to derive positive self-esteem from their group memberships’. (Smith E and Mackie D: 189)

As social care practitioners, we work with various social groups such as people with disabilities, the travelling community, young offenders, children in care, the elderly and many others social groups. These groups have been socially categorised and can often be considered as ‘outgroups’ by society. They are often considered by society to be vulnerable groups and are often’ pushed to the margins of society and excluded from the mainstream’. (Thompson: 2003)

The definition of social care is the ‘provision of care, protection, support, welfare and advocacy for vulnerable or dependant clients, individually or in groups’ (Joint Committee on Social Care Professionals cited in Share P and Lalor L: 5)

Each individual who is in need of social care can socially identify themselves as part of a group. Tajfel’s Social Identity theory suggests that members of a group gain a self-concept and self-esteem as a result of their group membership. ‘Seeing oneself as a group member means that the group’s typical characteristics become norms and standards for one’s own behaviour’. (Turner et al cited in Smith and Mackie: 195). This, therefore results in members of the group acting in group typical ways.

This theory can help us to understand the behaviours of various groups we are working with as social care practitioners. For example, a group of young adults who are engaging in criminal activity may be doing so as this behaviour is a norm within their group.

It also enables us to see why these groups are considered as outgroups in society and can help us to understand why these groups are seen as ‘oppressed’ by mainstream society.

Tajfel ‘s theory also tells us that often the individuals who make up the group are seen as ‘uniform’ and their diversity is underestimated.

This is certainly common with people who have intellectual disabilities. The ‘ingroup’, which in this case is the group who does not have intellectual disabilities, often views the ‘outgroup’, or the people with disabilities as all ‘being the same’. The individuals who have disabilities are categorised because of their disability rather than their individualistic characteristics and are therefore stereotyped due to their disability.

Stereotypes can be described as ‘over generalised sets of beliefs about members of a particular social group.’ (Schultz and Oskamp: 63) They are the views we form about groups as a result of social categorisation and ‘reduce the complexity of the world into a few simple guidelines that suggest how members of certain groups should be treated’ (Schultz: 63)

They act as ‘generalisations about a group of people in which identical characteristics are assigned to virtually all members of the group, regardless of actual variation among members’. (Aronson et al: 2004:466)

These stereotypes can lead to both positive and negative evaluations being made about the members of the group. They can also lead to the target group acting in stereotypical ways, for example, one of the reasons why a group of young offenders may be engaging in criminal activity could be a result of stereotype threat. This refers to ‘being at risk of acting in a manner consistent with a negative stereotype about ones group’. (Schultz: 69) The group of offenders are seen as an out-group and ‘may feel their offending behaviour is justified because they have been oppressed, but their treatment must be disproportionately severe’ (Harrower J, 2001:4)

Prejudices, ‘hostile or negative attitudes towards a distinguishable group of people, based solely on the membership in that group.'(Aronson et al: 2004:467) can have extremely adverse effects on the individuals within these categorised social groups.

‘Any group that shares a socially meaningful common characteristic can be a target for prejudice’ (Smith and Mackie: 143)

Prejudices against people in marginalised and vulnerable groups are prevalent in the society in which we live. ‘By virtue of their role and the social groups they engage with, social care practitioners witness the impact of inequality on the everyday lived experience of people affected'(Share and Lalor: 110)

Ethnic groups such as the travelling community are constantly subjected to prejudices. Much research has been carried out in recent years in relation to this. One survey found that 42 percent of the population held negative attitudes towards the travelling community (Behaviour and Attitudes in Ireland 2000) and another revealed that 72 percent of the settled community did not want the travelling community to live amongst them. (Lansdowne Market research 2001).

People with disabilities are another group in society which are subject to prejudices. Often society has the ‘assumption that disability is a form of illness’ (Oliver: 1990 cited in Thompson: 128)

People with disabilities have also been viewed as ‘not fully human, or even subhuman’ (Brandon: 4). Despite the fact that society’s attitude towards people with disabilities has improved over time as a result of moving away from the medical model to the social model of disability which involves the integration of people with disabilities into our communities, people with disabilities are still not regarded as ‘complete human beings of an equal status to the remainder of society’. (Share and Lalor: 334)

Research suggests that prejudice is learned from the groups in which we belong. ‘Racial and ethnic identity is a major focal point for prejudiced attitudes’. (Aronson: 457)

Discrimination can be defined as ‘unequal or unfair behaviour toward an individual based on his or her membership in a particular group’ (Schultz: 63) and is commonly seen in the area of Social Care at many levels.

Thompson (2003) outlines many processes closely linked with discrimination. He refers to Invisibilzation, a type of discrimination whereby ‘ dominant groups are constantly presented to us, for example through the media, and are strongly associated with power, status, prestige and influence, while other groups are rarely, if ever seen in this light'(Thompson’: 2003.13) This is true of many social groups in social care. People with disabilities are rarely seen in the media.

Infantilisation, which Thompson refers to as ‘ascribing a child-like state to an adult’ (Share and Lalor: 2009:278) is also common in social care. Society tends to regard people who are elderly or who have a disability as ‘child-like and dependant, unable to interact in their own right’. (Thompson: 88)

Thompson also argues that discrimination occurs in other forms such as marginalisation, welfarism, medicalization, dehumanization and trivialization.

The Experience of discrimination in Ireland (2004), a piece of research carried out by the Equality Authority, found that people with disabilities reported one of the highest rates high rates of incidents of discrimination both while accessing services and at work.

Various theories in the area of social psychology focus on the ways to minimise prejudice and discrimination within society.

Allport’s theory known as the Contact Hypothesis, suggests that ‘intergroup contact’ can lead to reducing prejudice but only under a number of suitable conditions. These conditions are that (a) the groups in the situation have equal status, (b) are not competitive and (c) have support from the relevant authorities for the contact and (d) have common goals.

As social care practitioners, we can promote Allport’s theory through the work we do with the various vulnerable groups we are involved with. This can be done by promoting social inclusion within the community.

Although attitudes towards groups such as people with disabilities have changed over recent years, there is much work needed in order to ensure that this group has equal status within our society. The same can be said for the other vulnerable groups we work with as social care practitioners.

The subject of prejudice and discrimination is highly relevant to the area of social care and with the help of research carried out in this particular area of social psychology, we can have a clearer understanding of the reasons why, as human-beings, we develop and utilise these actions and behaviours. By having this understanding, we can develop skills and mechanisms to help reduce prejudice and discrimination, and combat the damaging effects that they can have on vulnerable groups in society.

I was requested to complete a Pre-Birth Assessment with regards to Case BB. The referral was made by the Community Midwife to the Children and Families Area Team where I was on my placement. The Community Midwife’s concerns were BB’s age, she already had a child who was under one year, her partner was in prison and the Midwife was further concerned about BB’s lack of engagement with the health services particularly ante-natal services. The Midwife was also concerned with BB’s emotional state of mind. To consolidate what little information was on the referral I contacted BB’s current Health Visitor whereby I was subject to a litany of BB’s misdemeanours regarding her care of CA. Although the Health Visitor regarded BB’s care of CA as poor I noted that there had been no social work input requested from the Health Visitor and that the Health Visitor had quite a forceful personality. However, I took on board the information the Health Visitor provided with an objective mind.

BB is 19 years old and lives in a local authority house in a rural village with few local amenities. The village is not well served with public transport which makes it difficult for BB to access the main town. BB’s sole income is benefit based. BB now has two children, CA who is 15 months old and LA who is 3 months old. BB’s partner, BA (who is 22 years of age) is at present in prison, serving a sentence for Assault to Serious Injury. BA is not expected to return to the family home until October 2010. BA is the natural father to both CA and LA. My role was to complete a Pre-Birth Assessment with regards to convening a Pre-Birth Conference if necessary. This is in line with the local authority’s High Risk Pregnancy Protocol. My role was also to support and work in partnership with BB and her family in the longer term.

The context of my practice was that of a statutory role with statutory responsibilities. Therefore, I had to consider how to support the family by assessing BB’s strengths and pressures as well as promote the welfare of BB’s child and unborn child and in the wider sense to keep the family together. According to Hothersall (2008) these are principles inherent within the Children (Scotland) Act 1995 which themselves derive from broader principles surrounding the rights of the children and the importance of positive development as the basis for a meaningful life. Further to this Healy (2005) points out that within the practice context it is the legal aspect which has precedence over other aspects of practice. This incorporates the fulfilment of legal duties and responsibilities.

The Children (Scotland) Act 1995, as mentioned previously, is the underpinning legislation within Children and Families. This legislation with regards to parental responsibilities was I felt, pertinent to this case. For example, the responsibilities of a parent to a child under 16 are set out in Section 1 of this Act. They are to safeguard and promote the health, development and welfare of the child and to provide appropriate direction to the child according to age. These parental responsibilities were important to consider when completing the Pre-Birth Assessment in response to both BB and her partner BA’s capacity to parent. The Getting It Right For Every Child (GIRFEC) (Scottish Executive, 2005) policy was also crucial in my assessment. GIRFEC provides a practice model which promotes holistic assessment and planning for children, centred upon indicators of well-being and as a policy is about intervention as early as possible and provision of the right help at the right time. Within GIRFEC is the ‘My World’ assessment model which I used to help me complete the Pre-Birth Assessment particularly in relation to BB’s parenting skills with CA. I also utilised Getting Our Priorities Right (GOPR) – A Guide for Workers in Best Practice (Local Authority Child Protection Web Pages). Underpinning this assessment was Protecting Children and Young People – Framework for Standards (Scottish Executive, 2004).

Within the context of completing the assessment I was aware of the statutory legal responsibility involved and the requirement to work within the framework of current legislation and policy. During supervision discussion was centred around the issue of care and control from the perspective of my practice based on statutory responsibility. According to Thompson (2005) to ignore control is to run the risk of being ineffective, while to ignore care can lead to potentially abusive and oppressive practice. Further to this Banks (2006) points out that the reasons for many ethical dilemmas and problems stem from the social work role as…

“a public service profession dealing with vulnerable service users who need to be able to trust the worker and be protected from exploitation; and also from its position as part of state welfare provision based on contradictory aims and values (care and control…protection of individual rights and promotion of public welfare) that cause tensions, dilemmas and conflicts.”

(Banks, 2006, p.25)

As Banks also points out, in practice it is the rules of the agency that define who is to be regarded as a service user and provide the context in which the social worker operates. This, for me reflects that need to recognize the significance of discrimination and oppression in service users’ lives and for my practice to be ethically sound and develop a participatory approach to my practice.

Considering these points helped me formulate how I was going to engage with BB. I had an understanding of my statutory responsibilities from a legal and policy perspective and I had an understanding of my personal and professional values in terms of the tensions caused by care and control. Therefore, I needed to build a working relationship with BB which would allow me to build ‘a theoretical understanding of the interrelationship between the individual and society.” (Watson & West, 2006, p.13) This would help me complete a meaningful and insightful assessment of BB’s current difficulties with appropriate interventions.

To complete the assessment, I took into consideration Germain and Gitterman’s The Life Model of Social Work Practice (1996). Payne (2005) describes this model as a formulation of the ecological systems theory which is based on the relationship between people and their environment. The aim of social work is to increase the fit between people and their environment by alleviating life stressors and increasing people’s personal and social resources to enable them to use more and better coping strategies. Payne further points out that practice must be carried out through a partnership between worker and service user that reduces power differences between them. The environment and the demands of the life course should be a constant factor in making decisions.

By utilising Germain & Gitterman’s life model of practice (1996) I was able to create an accepting and supportive environment by describing my role clearly to BB and encouraging BB to give her thoughts about the referral. This elicited background information about her relationship with BA and support networks she had within her own extended family and with BA’s extended family. We discussed the birth of her second child particularly in respect of how BB felt she could cope with CA as well as with the new baby. BB identified this as a worry for her as she was concerned that she would not be able to manage. To make sense of this information Payne (2005) describes resources that people have in order to cope. These are self-efficacy, self-esteem and self-concept. BB had none of these emotional resources available to her at this time. Coupled with this she had no self-direction in the sense she did not feel she had any control over her life.

To allow me to elicit further information regarding BB’s parenting skills I observed her care of CA. The ‘My World’ model which draws on upon the work of Bronfenbrenner (1979) and encourages practioners to take an ecological approach to the assessment process helped me in this respect. By looking at the three domains of growth and development, what is needed from the people who look after me and my wider world I was able to elicit the positives in the situation and the areas of pressure in relation to the safety, well-being and development of the child. Further to this, attachment theory, which according to Schofield (2002) is “primarily a theory for understanding” (Schofield, 2002, p.29) was also useful in that although directly seeking to improve the quality of interaction between children and caregivers, the child’s sense of security, self-esteem and self-efficacy may also be increased by intervening in the systems around the family, for example providing social support to the mother or funding a place for the child in an activity group.

A visit with BA was also organised, who although in prison presented as a significant risk factor due to alcohol consumption and increasing levels of violence, albeit the incidents were not in or near the family home and did not involve BB nor his child. BA was at first uncommunicative which was understandable due to the setting and nature of the visit. Trevithick (2007) suggests that asking a range of different questions is central to interviewing however, before asking a question ‘we must be interested in the answer’. (Trevithick, 2007, p. 159) By careful use of open and closed questions I was able to draw out BA’s views on the assessment and gain some sense of a working relationship with him. However, what really opened the conversation was when I commented on how CA looked very like him.

BA then started to talk about CA and how he was looking forward to the birth of his next baby. During the course of the visit I was able to understand how BA supports BB by allowing her the freedom to take care of CA while he did the cooking and looked after the house. BA went on to explain that his relationship with BB was ‘sound’ but that he was aware he had let her down badly particularly as she was pregnant with his second child. BA was aware that he had missed a lot of CA growing up and he did not want this to happen with his second child. BA was also open about the circumstances leading to his arrest and he admitted that it was due to a feud between two different villages that had been going on since school. BA confirmed that the whole thing was ‘stupid’ and that he now realised he needed to ‘grow up’.

Taking into account the information gained and observations made during my visits with BB, CA and BA I was able to start to make sense of their environment, their strengths and pressures and the roles each of them had within the home and their community. Intervention at the initial stages of the process was I believe successful with regard to forming a working partnership with BB and to an extent with BA. Further visits with BB drew further information regarding informal support networks which in the main was her mother. BB’s mother was a source of practical support and advice and they were in contact daily. BB described her mother as ‘her ear’. Permission was sought from BB to meet with her mother. BB’s mother was keen for her daughter to gain support from social services as she realised how difficult her daughter was finding things at this time.

To complete the assessment and take into account risk factors and strengths I had to analyse and reflect on the information I had gained. According to Helm (2009) this information needs to be analysed before an understanding is developed which allows a judgement to be formed which can lead to an appropriate decision or action. Calder (2002) further offers a framework for conducting risk assessment by assessing all areas of identified risk and ensuring that each is considered separately e.g. child, parent, and surrounding environment each worrying behaviour should be assessed individually as each is likely to involve different risk factors. To counteract the risk factors present family strengths and resources should also be assessed, for example good bonding, supportive networks.

After a thorough analysis and supervisory discussions I recommended that a Post-Birth Multi-Agency Conference not be convened. However, I recommended that a further assessment take place when BA returns to the family home and a Post-Birth Multi-Agency meeting to discuss future interventions be arranged as I was aware that the birth of the new baby could be a future pressure on BB. In line with anti-oppressive practice and partnership working, I discussed both the assessment and recommendations with BB and by letter with BA. Both were given the opportunity to put their views across and both were happy to continue to work voluntarily with the department for the present.

The reasons behind my recommendations were that BB although socially isolated had a strong supportive network with her extended family and BA’s extended family. Further to this BB has a close and supportive relationship with her mother whom she sees every day. According to Hill et al (2007) a vast array of research shows that parents in poverty, or facing other stresses, usually cope better when they have one or more close relationships outside the household and these are activated to give practical, emotional or informational support. Most often this is informal but, for isolated parents access to family centres or professionals including health professionals can make a great difference to both the parents and the social and emotional health of children. (Barlow & Underdown, 2005)

With regards to CA, BB had a good bond with her daughter and was quick to attend to her needs. BB also had a routine in place for CA regarding mealtimes and naps this also included a bedtime routine. CA was reaching her developmental milestones (Source: Sheridan’s Charts). CA had age appropriate toys and had the freedom of the living area. BB had erected a baby gate to stop CA from gaining access to the kitchen and the stairs. However, since CA started walking, BB has to continually keep an eye on CA due to the open fire and hearth in the living area which is proving stressful for BB.

Immediate interventions included obtaining Section 22 funding to purchase a safety fireguard and information was obtained regarding BB making applications for Sure Start and Healthy Eating Grants. These applications were successfully made by BB and allowed her to purchase essential items for the new baby. BB had highlighted this as a worry for her as she was struggling financially. Working in collaboration with the Community Midwife arrangements were made for BB to make the trip to the clinic on alternate weeks when her benefits were received. The Community Midwife visited her at home the other weeks.

I believe I managed to build a positive working relationship with BB. According to Wilson et al (2008) relation-based practice is the emphasis it places on the professional relationship with the service user. The social worker and service user relationship is recognised to be an important source of information for the worker to understand how best to help. In order to make informed decisions and critically evaluate practice, reflection and analysis of information should embrace all sources of knowledge which have to be drawn upon. Further to this, a potentially more informative, relationship-based and reflective response would be to articulate the service users’ feelings by which the service user can acknowledge their own responses to the situation. As Fook (2002) points out:

“Reflective practioners are those who can situate themselves in the context of the situation and can factor this understanding into the ways in which they practice…

(Fook, 2002, p.40)

Banks (2006) also indicates that part of the process of becoming a reflective practioner also involves being aware of one’s own position of power and how dominant discourses construct the knowledge and values we use to describe and work with situations and practice. This has been discussed in supervision with regards to BB’s Pre-Birth assessment and to visiting BA in prison.

It is difficult to evaluate whether aspects of my work were effective or not. However, in supervision we discussed how keen BB was to gain support and seemed to appreciate the partnership approach. This was discussed in relation to Hill et al’s (2007) research and Barlow and Underdown (2005). Small aspects of my intervention, such as the provision of the safety fireguard were described by BB as a ‘godsend’ and she was proud to show me the baby items she had purchased on receipt of the grants.

Discussion in supervision also centred round the next stage of intervention which was after the baby was born. I discussed with BB the opportunity for CA to attend a local authority nursery one day per week. This would help CA’s social and emotional development and at the same time allow BB to spend time with LA. This referral was successful as was gaining the services of a volunteer driver to transport CA. However, CA has only just started at the nursery and therefore difficult to gauge if this referral has been effective.

Reflecting on my work overall, I should probably have explored more with BB her social isolation and worked on strategies to get her more involved in the community. Further to this resources in this village are non-existent and the parenting groups which were suitable were not available locally. BB was interested but location of the Family Centre and lack of public transport negated this. I enquired with regards to Outreach Work but this was not available. Discussion with other colleagues in the team reflected the same theme regarding facilities for the outlying villages. Further discussion in supervision raised for me the difficulty of maintaining empowering and anti-oppressive practice within this context as assessment should be needs led not resource led.

2,979 words

This study aims to investigate the conduct of inter-professional practice in areas of social and health care, with specific regard to the involvement of service users in such practice. The case study prepared by the City and Hackney Local Safeguarding Children Board on Child A and Child B is taken up for analysis and review in this context. The case study is taken as read and is not elaborated for the purpose of this essay.

Health and social care in the UK is currently being significantly influenced by a growing commitment towards greater public involvement in the design, delivery and evaluation of services, greater availability and choice of services for all categories of service users, reduction of inequality, greater emphasis on provisioning of services at the local level, (including from the independent and voluntary sectors), the commissioning process, integration of social and health care, and professional roles for delivery of care on the basis of actual needs of service users (Barrett, et al, 2005, p 74).

Such reforms call for the blurring of strict boundaries between the different professionals and agencies working in health and social care (Cowley, et al, 2002, p 32). They also call for greater inter-professional and inter-agency working and for significant alterations in organisational cultures in order to enhance the power base of service users and members of the public in different aspects of social care provision (Cowley, et al, 2002, p 32).

It is now widely accepted that health and social care professionals need to be more responsive to the rapidly changing needs of service users. Such changes call for the development of health and social care practitioners to improve care for clients and service users (Day, 2006, p 23). Such improvement is required to be brought about by more emphasis on person centred care for clients and service users and the greater involvement of such people in different aspects of planning, delivery and evaluation (Day, 2006, p 23).

The increasing contemporary emphasis on user involvement in the policy and practice of social care is however coming in for increasing questioning from disenchanted service users and service user organisations (Branfield & Beresford, 2006, p 2). Service users, whilst highlighting the benefits of their involvement in the social and health care process, are raising various questions about their actual participation in social and health care and the continuance of various barriers that prevent their genuine contribution to the process (Branfield & Beresford, 2006, p 2).

The case study under question details the results of an enquiry into an episode, wherein a mentally disturbed mother killed her two children after (a) being released from institutional surroundings, and (b) being integrated with her children with the full knowledge and approval of an overseeing group of social, health, nursing and mental health professionals. The enquiry raises disturbing issues about the extent of involvement of service users in social and health care processes and in the decision making of the inter-professional group overseeing the care, treatment and rehabilitation of a mentally disturbed and potentially dangerous individual.

The essay investigates the involvement of service users in inter-professional practice in the UK, with specific regard to the case study and the enquiry report. Whilst doing so it takes cognizance of (a) identification of sources for evidence based social work practice, (b) the use of enquiry reports as sources of evidence, (c) the relevance of themes that emerge from such enquiries, and (d) the implications of evidenced based practice for the development of practice in social work. The essay is analysed vis-a-vis the Every Child Matters programme and makes use of legal, political and ethical frameworks.

Inter-professional Practice

Inter-professional practice and inter-agency collaboration aims to ensure the coming together of service providers, agencies, professionals, carers and service users in order to improve the final level of quality of planning and delivery of services (Mathias & Thompson, 2001, p 39. Whilst partnership and collaboration are often considered to be interchangeable, collaboration is the actual foundation for joint working and the basis for all successful partnerships (Mathias & Thompson, 2001, p 39).

The UK has been enacting legislation and policies for the promotion of Inter-professional and inter-agency collaboration (IPIAC) for the last five decades in order to enhance standards and reduce costs in health and social care (SCIE, 2009, p 1 and 2). The development of IPIAC was shaped by the white paper Caring for People in 1989, followed by the enactment of the NHS and Community Care Act 1990. The government has in recent years issued various policy documents for the promotion of collaboration in order to improve efficiency and effectiveness (SCIE, 2009, p 1).

Greater emphasis on IPIAC is expected to improve care because different professional groups like social workers, physicians, teachers and police officers will during the course of such working bring their individual perspectives to the collaborative process (SCIE, 2009, p 1and 2). The IPIAC process will aim to ensure the best ways in which such individual and sometimes differing perspectives can be made to come together, as also the ways whereby respective contributions of different professionals and agencies can be utilised to enhance standards of service and experiences of service users and carers (Freeth, 2001, p 38). Consideration requires to be given to collaboration between organisations, as well as professionals, in the course of IPIAC working. It is also important to consider the differences in the working practices and cultures of the various organisations that are required to work together and to take appropriate action to minimise the impact of such differences in order to make inter-professional practice effective (Freeth, 2001, p 38).

Policy makers and practitioners agree that adoption of IPIAC will result in greater service delivery despite the existence of various personal, individual and organisational barriers that can practically hinder its efficiency and effectiveness (Day, 2006, p 23). It is however also widely accepted that effective IPIAC working cannot take place in the absence of deliberate involvement of service users and clients in all stages of planning, delivery and evaluation processes (Day, 2006, p 23). The white paper Modernising Social Services, published in 1998 clearly states that people cannot be placed in neat service categories and users will inevitably suffer if partner agencies do not work together (SCIE, 2009, p 1).It is now mandatory that social work programmes, as well as nursing and midwifery, embrace the involvement of patients and service users. Contemporary government reforms are based on public involvement in different aspects of service delivery (SCIE, 2009, p 2). Person centred approaches in health and social care recognise the need for valuing the opinions and experiences of patients and service users and the adoption of person centred approaches by social work practitioners (SCIE, 2009, p 2).

Current research however reveals that service users often feel left out of the process of social care, despite the progressive implementation of IPIAC concepts and approaches (Branfield & Beresford, 2006, p 2). Service user organisations state that the knowledge of service users is by and large not taken seriously or valued by professionals and service agencies. Many service users find such attitudes from professionals and agencies to be intensely disappointing and disempowering (Branfield & Beresford, 2006, p 3). Agencies and practitioners do not appear to be interested in the information provided by service users and do not accord the respect to such knowledge that they otherwise provide to professional knowledge and expertise. Service users also feel that the cultures of social and health care organisations continue to be closed to service user knowledge and reluctant to change (Branfield & Beresford, 2006, p 3).

The study of the case review of the episode involving the deaths of child A and child B appears to reinforce the impression of service users about their continued exclusion from the working and decisions of different agencies and professionals involved in delivery of social and health care (Henderson, p 261). The Every Child Matters Programme requires social work agencies and professionals like social workers, health care specialists, teachers, nurses, doctors and mental health professionals to constantly ensure the safety, security and protection of children wherever they can. Extant legislation and policies like The Children Act 2004 and the Every Child Matters Programme clarify that it is everyoneaa‚¬a„?s job to ensure the safety of children (Henderson, p 261).

The report clarifies that various agencies were involved in the assessment and treatment of Ms. C, the wife of Mr. D and the mother of the two children, child A and child B. The report further reveals that agencies, as well as individual practitioners, failed to consider the views, opinions, and experiences of service users, even as it also contains a number of examples of sound agency and inter-agency practice. There is limited evidence of professional contact with Mr. D, the father of the children, after the contact session in October 2006, and it appears likely that professional networks assumed the agreement of Mr. D with arrangements for Ms. C. Professionals also paid inadequate attention during their provisioning of support to Ms. C, in response to her request for re-housing, and did not communicate with Mr. D to ensure that future arrangements would serve the best interests of the children. Interviews conducted with Mr. D and his parents also revealed significant differences between their expectations of the roles of social workers roles and what was implied by the records kept in the agency. Mr. Daa‚¬a„?s family members, it appears, were clearly under the impression that they had little choice in the rehabilitation process and were furthermore required to facilitate the contact of the children with their mother.

Whilst the report elaborates the role and sincerity of various agencies and professionals in assessing Ms. Caa‚¬a„?s condition and her rehabilitation in society, it specifically refers to (a) the under involvement of Mr. D in the process, (b) the lack of communication with him (Mr D) by social workers and agencies, (c) the differences in perceptions about the role of social workers between Mr. D and his family and the agency, (d) the poor communication of agencies with the parents, (e) the absence of school records of children, and (e) the scope for improvement of involvement of GPs and the police in the social care process.

Although the report makes several recommendations, the specific references to involvement of service users calls for detailed and greater involvement of parents and carers of children in planning of discharge and assessment of risk in order to ensure that actions are based on full information. One of the agencies, the East London and the City Mental Trust has been asked to involve family members and carers of children in all processes, even as the Hackney Children and Young Peopleaa‚¬a„?s Service has been directed to ensure that decisions are not taken on issues that can affect children without communicating carefully and appropriately with current carers.

Emerging Themes and Evidenced Based Practice

The revelations of the enquiry into the report reveal a number of themes in different areas of inter-professional practice, inter-agency working and the involvement of service users in planning, delivery, and evaluation of health and social care, which can be beneficially used to inform future social work practice.

The report specifically refers to (a) the lack of participation of services users in social and health care processes, and (b) the involvement of different agencies in their exclusion, thereby reinforcing the need for greater emphasis by agencies and practitioners on involvement of service users in their care plans. It also becomes obvious that much of the sentiments and ideas about involvement of service users in social care processes continues to remain in the realm of rhetoric and that it will need determined and deliberate effort by practitioners to truly bring services users into the actual planning, intervention and evaluation functions of social work practice.

Enquiry reports serve as important sources of evidence for development of future social work practice. The impact of the enquiry conducted by Lord Laming into the death of Victoria Climbie led to the revelation of evidence on gross inadequacies in the social care system for children and widespread organisational malaise (Roberts & Yeager, 2006, p 19). The publication of the report led to radical changes in governmental policy on social care for children and to the introduction of the Every Child Matters Programme and other important policies for the physical and mental welfare of children (Roberts & Yeager, 2006, p 19).

The utilisation of research evidence for guidance of practice and development of policies in the area of social services and health care is becoming increasingly important for enhancing the effectiveness of social and health care interventions, especially so because of the limited available resources with the government and the pressures to achieve positive outcomes (Johnson & Austin, 2005, p 5). Scholars however feel that much of research based evidence is not absorbed by practitioners and have identified five important requirements for research evidence to practically influence practice and policy, namely (a) concurrence on nature of evidence, (b) a strategic approach to the conception of evidence and the progression of an increasing knowledge base, (c) effective distribution of knowledge along with development of useful means for accessing knowledge, (d) initiatives for increasing use of evidence in policy and practice, and (5) a range of actions at organisational level to increase use of evidence (Johnson & Austin, 2005, p 5).

Conclusions

This study investigates the conduct of inter-professional practice in areas of social and health care, with specific regard to the involvement of service users in such practice. The case study prepared by the City and Hackney Local Safeguarding Children Board on Child A and Child B is specifically taken up contextual review.

Inter-professional practice aims to ensure the collaborative working of service providers, agencies, professionals, carers and service users in order to improve the planning and delivery of services. Policy makers and practitioners also agree that whilst adoption of inter-professional working is likely to lead to improved care, it cannot occur without the involvement of service users in all stages of the care process. Person centred approaches also recognise the importance of considering the opinions and experiences of service users in planning, intervention and evaluation of care. Contemporary research however reveals that service users feel that their knowledge is not valued by professionals and agencies.

The results of the enquiry reinforce the possibility of service users being excluded from the working of agencies and professionals and refer to a number of instances, where the opinions of the service users were not considered for taking of practice and intervention decisions. The report reveals a number of themes in different areas of inter-professional practice that can be beneficially used to inform future social work practice. The use of research evidence for guidance of practice in social work is becoming increasingly important for improving the effectiveness of social and health care interventions.

Enquiry reports serve as important sources of evidence for development of future social work practice. Scholars however feel that much of research based evidence is used by practitioners and that certain specific conditions, which have been elaborated in the last section, need to be met for the improvement and application of evidence based practice.

Word Count: 2530, apart from bibliography