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This assignment will explore assessment processes and the management of risk in the protection of a vulnerable person. I will provide a brief case study and discuss how assessments and risk management has been applied to this individual case. This assignment will look at different theories and legislation that impact on risk management in social work and the field of child protection.

The case study that I have chosen to discuss is a case that I have held for two years. X is a four year old child who currently lives with his mother Ms X. X’s name has been on Wrexham’s Child Protection Register for three years under the category ‘risk of emotional harm’ due to concerns regarding Ms X’s criminal behaviours and drug misuse and the impact that this has on the care that she can provide. Ms X has two older children and there were concerns that she was unable to meet the needs of these children due to the same issues. Ms X’s eldest child spent ten years of his life in the care of the Local Authority, which sadly included over twenty different foster placements. He is now serving a custodial sentence and holds a lot of resentment towards his mother for the way that he was parented and his inappropriate life experiences. Ms X’s second child was placed for adoption at an early age following the undertaking of assessments by different professionals, who felt that X was unable to appropriately care for the child. It has been assessed that Ms X’s care of X is of a higher standard than the care of her older children, however there are still aspects of this that are considered to be a risk to X’s emotional well being. Ms X has been unable to care for X for significant periods of his life as a result of serving three custodial sentences, the last being for a period of five months. During these periods X has been cared for appropriately by a family member, although has been extremely distressed and unsettled. This last incident of Ms X being arrested and imprisoned raised further concerns for X’s sense of stability and emotional well being. As a result a meeting was arranged with the Local Authority’s Solicitor and Head of Service to determine whether the risk to X was to the extent that Care Proceedings would need to be considered.

Looking at a person’s history can allow different opinions and judgements to be formed, this history is also included as part of current risk assessments. In the field of child protection social work ‘risk’ is usually viewed as being negative and something that needs to be minimised or prevented.

The concept of ‘risk’ is very difficult to define; this is a result of it being ambiguous and contestable. The definition of it will rely on the situational context, field of application and the perspectives undertaken. Risk became a dominant preoccupation within Western society towards the end of the20th century, to the point where we are now said to live in a ‘risk society’ (Beck,1992), with an emphasis on uncertainty, individualisation and culpability.

When defining ‘risk’ it is often done in mathematical and probabilistic terms as a result of it relating to the expected losses which can be caused by a risky event and the probability of this event happening. It is mapped to the probability of an event which is seen as undesirable. When the loss is harsher in relation to the likelihood of the event then the risk will be worse. This negative conception of risk as risk avoidance or risk aversion can be contrasted with the more positive account based on risk taking in venture capitalism and finance as a measure of the variance of possible outcomes.

The systematic management of actuarial risk is risk management while the methodology for evaluating for evaluating is risk assessment. Across different professions techniques and methods used for managing and assessing risk can vary considerably. The resulting effect is that some professions, such as social work, are defined according to their ability and propensity to deal with risk. Kemshall (2002) argued that social work is predominantly concerned with handling and assessing risk instead of focusing on social need and justice.

It is argued in “Social Work in a Risk Society” that, as a response to risk, the reconfigurations between state, politics, science and people are particularly felt in world of social work (Webb, 2006). The reasoning for this is due to the vulnerable, dangerous and challenging populations under conditions of great uncertainty and crisis which social work invariably deals with. Due to this the opportunity for situations that present a risk are greater. The resulting effect is that social work role attempts to develop more extensive risk management and actuarial systems for trying to control this risk. (www.socwork.net).

The current risk to X’s emotional well being has been documented through an individual child protection plan and support services identified. This plan is reviewed on a monthly basis through multi agency core group meetings. These meetings ensure that all agencies and the family have updated information regarding X’s circumstances and are aware when issues arise that may be seen to increase the risk to X’s emotional well being. The regular meetings also ensure that professionals and family members are included in decision making, such as presenting the recent concerns to a legal planning meeting.

It is important that the information was gained from agencies involved in the process and that their views were respected. I was aware that different professionals had their own view about what was going on and how this impacted upon X. I did not take these views as a fact but assessed the information that was received.

I understand that different professionals and organisations can have different means of assessing risk. This can be challenging when making decisions and plans. In this particular case, when Ms X received a custodial sentence there were professionals that felt that the risk to X’s emotional well being was ‘immediate’. Other professionals did not see the risk as being immediate as there was an appropriate family member to care for X when Ms X was arrested. The category of risk to the child appears to be a factor in the assessments that are made. Despite efforts to refocus children’s services away from a preoccupation with risk of significant harm towards supporting families to meet the needs of their children, the risk of immediate harm continues to take priority. In many of the case examples, the needs of children had been overlooked or resources were not available until risk of immediate harm was apparent. Indeed, the focus was on specific types of harm, children who were deemed at risk of physical or sexual abuse (i.e. immediate harm) caused more concern than those who were potentially at risk of neglect or emotional abuse. This was an issue that both service users and practitioners linked to near misses, as well as to more serious adverse incidents. (Bostock, L et al, 2005).

Since the 1970’s child protection work has become less optimistic and more reactive when in 1973 the death of Maria Colwell created a public outcry and preoccupation with retribution and blame (Parton, 1996). The abuse of children became something that social workers should be able to predict and prevent. Assessing risk is one of the main roles in the field of child protection which usually means trying to minimise and prevent potential and identified risks.

Assessment has always been integral to social work practice. Since the 1990’s there has been a steady increase in interest in the field of child care social work assessment. Its importance in social work practice is widely acknowledged. Assessments are undertaken by social workers to gain access to resources such as family support workers and funding and are also used to assess risk. Assessments are used by managers and Courts to inform the decision making process, consequently social work assessments can have a lasting and profound impact upon children and their families.

Assessments can also include linking with other organisation liaising and negotiating using interpersonal and communication skills. For Thompson (2000) interventions can either challenge inequality or reinforce them it is therefore important to recognise inequalities and power imbalances and this can lead to empowerment through promoting equality.

For Coulshed and Orme (2006) there is no understanding that the information gained from social work intervention and assessments might be interpreted in many different ways, depending on which theoretical approach is used.

For O’Sullivan (2002) there is mounting pressure to base decisions on research evidence but he believes there are serious failings in this approach. Therefore O’Sullivan (2002) believes that research studies need to have a supportive rather than significant role in relation to decision making. Evidence based practice and relevant theories should inform social work practice when assessing risk. For this particular case I researched attachment theories and the impact that separation could have on X as a result of his mother’s imprisonment. Bowlby’s attachment theory which Beckett (2005) uses to look at how early life experiences on children’s affect long term psychological development. Research suggests that insecure attachments in childhood can also have a negative impact on behaviour in childhood and throughout adult life. Bowlby (in Crawford and Walker, 2005) believed that the prolonged separation of the child from their mother, especially in the first 5 years of their life could cause mental health issues in later life. These include oppositional-deviant disorder(ODD), conduct disorder(CO) or post-traumatic stress disorder(PTSD) all of which have been linked to early traumatic experiences, including abuse or neglect. (http://psychology.about.com)

However as Crawford and Walker argue there have been criticisms of early thinking of attachment theory as children can make attachments to other people not just their mother. These may include extended family members. Crawford and Walker (2004) believe that as social workers we must consider how life experiences may have influence on the individuals’ growth and development. Throughout my involvement with X in assessing risk and devising plans I have ensured that his individual life experiences were considered. I was aware that X has previously been separated from his mother for a significant period, which could lead to the conclusion that X’s attachment to his mother was already insecure.

When completing risk assessments the long and short term affects of the identified risk need to be explored, this ensures that the social worker can gain a ‘bigger picture’ of how the identified risk could have an impact on the person’s life. I have explored different information and research regarding the effects of parental incarceration and ensured that the family and other professionals involved in the case had access to this information.

There have been a variety of long-term effects on children identified which are associated with the incarceration of parents, one example is the child’s level of development. Even if a child-parent attachment has already developed, for example as in the case of infants in the first 9 to 12 months of there lives that have been in either their mothers or fathers care, the disruption caused by parental incarceration will likely have an adverse affect on the quality of their attachment to their parents. (Parke et al 2001). The quality of infant or toddler child-parent attachment can even be impacted by even less drastic changes such as divorce, or moving home (www.hhs.gov). Insecure attachments between parents and children, which is believed to be a consequence from adverse changes in one’s life circumstances, have been linked to a variety of negative outcomes for the child; these include diminished cognitive abilities and poorer peer relationships (Parke et al 2001). In light of this information it is not surprising that when their parents are serving custodial sentences, it has been observed for young children between the ages of 2 and 6 years of age to suffer from a range of adverse outcomes which are consistent with research on the effects of insecure attachments (Johnson, 1995). One estimates states that 70% of young children whose mothers were in prison had emotional or psychological problems. Children are said to exhibit internalising problems, such as, depression, anxiety, withdrawal, guilt and shame (Bloom & Steinhart, 1993; Dressler et al, 1992, cited in Parke et al, 1992). It has been documented that young children are also at risk of externalizing worrying behaviors such as anger, aggression towards caregivers and siblings (Fishman, 1983 cited in Parke et al 2001).

Since the Children Act 1989 was implemented in October 1991 there has been a debate between the appropriate emphasis of social work practice in terms of risk and need. This has been closely linked to the centrality of the assessment with social work gaining momentum.

Within the act there is no definition for the term risk, child protection is instead constructed with the term “significant harm.”

Under s.31(9) of the Children Act 1989:

‘harm’ means ill-treatment or the impairment of health or development;

‘development’ means physical, intellectual, emotional, social or behavioural

development;

‘health’ means physical or mental health; and

‘ill-treatment’ includes sexual abuse and forms of ill-treatment which are not

physical. (Brammer 2007)

Within risk assessments in social work the term ‘risk’ has been associated with the negativity of harm and child death (Parton 2000). This mixed with the ‘blame culture’ that is present in today’s society has an impact on the way in which risks are viewed in the field of child protection.

Due to the complexity, and the protracted nature of the work, most social work is of little interest to the media and the wider public. Social work stories only become of interest when major failures occur in the system. (Wroe, 1988). Social workers have been very publicly ‘named and shamed’ in the aftermath of the tragic Baby P case, one newspaper’s headline stating ‘Blood on their hands’. The Sun newspaper appeared to lay the blame almost exclusively on the heads of social workers, launching a petition calling for every social worker who had been involved in the case to be sacked and prevented from working with children again (Brody 2009). The Baby P case was shocking and serious mistakes were made, this has created a fear amongst social workers of making mistakes regarding the risk to a child. Social workers and other professionals are now more aware of the negative implications of risk. Following the death of Baby Peter the Children and Family Court Advisory and Support Service (CAFCASS, 2009 in Parton, 2010) produced figures which demonstrated a nearly 50 per cent increase in care applications in the second half of 2008-09 and the demand for care continue to remain at a unprecedented high level.

Assessment is a fundamental skill in social work interventions; it is more than collecting information and is a process rather than an event, which you return to again and again. Therefore it was important to be aware when new information was brought forward regarding the family it was included and the assessment was updated. It acts as a basis for intervention and can form clear objectives. It is important to recognise that there may be multiple problems and all need to be taken into account. Legislation and policy requirement needs to be taken account of, both locally and nationally. Strengths as well as weaknesses need to be assessed. I had to take these into account whilst continuous assessments were being carried out to gain a clear understanding of the bigger picture, as identified in National Framework Triangle (2000).

It is important that children have the right to have their voices heard and to be included in the decisions that affect their lives. It is crucial to engage with the children in the family in order to establish if they are in need or at risk of significant harm. Throughout the period that I have been allocated as the social worker to X I had considerable power to make decisions which would affect the family such as judging whether they were eligible for service, therefore there is a power imbalance. For Milner and O’Byrne (1998) power within social work practice can be used to empower others when working in an anti oppressive way, if power is used incorrectly it can exclude and marginalise service users. As a social worker I was seen as the expert, the service user according to Thompson (2000), by therefore occupies a more powerful position.

For Morris (2000) the Framework for the Assessment of Children and their Families (DoH, 2002) is targeted at a professional audience which means that service users are not provided with guidance about what they can expect as best practice in assessment or what the minimum standards are. This means for Morris (2000) the development of a working partnership or effective participation is limited as only the social worker has the guidance needed and the information about the service that is offered.

For Milner and O’Byrne (1998) power within social work practice can be used to empower others when working in an anti oppressive way, if power is used incorrectly it can exclude and marginalise service users. As a social worker I was seen as the expert, the service user according to Thompson (2000), by therefore occupies a more powerful position.

Due to Ms X being female I looked at how gender affects the issue of drug misuse and offending. An awareness of gender difference should play a key role according to Barnes and Norma (1992), in understanding and responding to needs. But a women centred approach cannot ignore the experiences which divide and separate women as well as uniting them. For example black women in the UK will be affected by cultural differences, racism and in some cases language difficulties as well as by sexism. Barnes and Norma (1992) believe that there is considerable evidence to show that women are more likely to be identified as experiencing emotional problems. Mental disorders amongst women are often identified as behaviours which deviate from what is regarded as “normal” female behaviour.

New and emerging ‘radical’ values concerned with challenging oppression are very distinct from ‘traditional values’ as described in the Code of Practice which emphasise individualised relationship between the social worker and the service user.. We must decide whether to interpret values traditionally as a commitment to respect for people, equal opportunity and meeting needs or radically as a concern with social rights, equality and citizenship. Though there should be no presumptions that the emergence of new values or the development of traditional ones will lead to changes in professional practice. If there is no organisational backing or changed professional education, practice is likely to remain unchanged.

Risk assessment methods in the field of child protection continue to be criticised for being time consuming and being overly actuarial. Accountability in child protection social work tends to focus on the family, as opposed to external factors, such as poverty in terms of neglect (www.northerncja.org.uk). It must be highlighted that ‘risk’ can be defined differently dependant on the individual completing the risk assessment. Differing agencies and workers have different values, cultures, interpretations and language relating to risk. I am aware that the thresholds of risk vary not only across agencies but within agencies (Brown and White 2006). As highlighted by (Barry 2007) social workers with more experience may operate a higher risk threshold than their more recently trained colleagues. Throughout my involvement with X and his family sought advice from colleagues, managers and the Local Authority Solicitors when required and advised to do so.

Prior to the use of risk assessments the child protection system could have been seen to be ineffective. Risk assessments usually require the social work to contact all other agencies that the child is known to. According to (Parsloe 1999) In the pre risk assessment days inter agency communication was lacking compared to today’s standards and because of this children were harmed or even killed, who otherwise could have been saved. The introduction of child protection case conferences has ensured that information between agencies is shared and acted on appropriately, which will undoubtedly improve the quality of assessing risk.

In the case of X child protection case conferences allowed recommendations to be made to all professionals involved which aimed to minimise the risk to X. The case conferences reviews also ensure that any recommendations and actions have been completed by professionals and the parents. As highlighted in (community care.co.uk) child protection case conferences have greatly improved communication between agencies, resulting in the risk posed to a child being reduced considerably.

In conclusion, it must be noted that assessing risk in the field of child protection has improved greatly since its introduction. Social workers now have various documents and theories designed to determine the different risks that affect vulnerable children. The importance of inter agency communication is now highlighted in policies and procedures that social workers must adhere to. Recent media attention directed at social workers has undoubtedly created a fear amongst not only social workers but other professionals in allowing and promoting risk taking. This has resulted in an increase in the referrals received by children’s services and an increase in children’s names being placed on the child protection register of the Local Authority that I am employed by. The different categories that risk is defined under has an impact of the action that is taken by social workers and other professionals. This essay has highlighted the issue that the risk of ‘neglect’ or ’emotional’ harm is not seen to be as ‘urgent’ as a child that is at risk of ‘sexual’ or ‘physical’ harm. I am conscious that risks that are identified can vary depending on the individual that is assessing the risk. I am aware that as a social worker it is important that I recognise my own values and how this could impact an assessment that I complete.

An asylum seeker is an individual who arrives at the country’s port of entry with or without a valid visa and wishes to be recognised as a refugee by the State (Luibheid 2004, p.336).

In Ireland the aspect of the law that defines refugee can be found in Refugee Act (1996). This Act also reflects Article 1 of the 1951 Geneva Convention. A refugee in Irish law is an individual who is, owing to well-founded fear of being persecuted on grounds of race, nationality, religion or membership of a particular social or political group in her home country and is unable or owing, to such fear, has prevented herself from the protection of her home country (irishstatutebook.ie).

Kanics (2007) stated that the number of people seeking asylum in Ireland fluctuates. The highest number of applications (11,632) were received in 2002 (Larlor and Share 2009, p.420). However, Ireland is not alone in experiencing increases in the number of people seeking asylum. It also applied to other European countries like Germany, France and The Netherlands (Clement 2001, p.174). In 2010 the total number of people that seek asylum was 1,660 in which 15 percent were under direct provision in Limerick (unchr.org; cso.ie; ria.gov.ie)

3.3 Gender Issues and the Asylum Process

Wright (1995) and Kay (1989) researched women asylum seekers and proclaimed that there had been a bias towards male asylum seekers. ‘Gender neutrality’ can hinder the resources of women asylum seekers (Hunt 2008, p.282).

The gendered roles and division of labour accepted within most societies means that women’s roles will often be different from those of men. In many cases, women’s activities are not accepted as political activities by the authorities deciding on asylum (Freedman 2009, p.177).

Baines (2004) argues that feminists and academics are critical about the unsatisfactory handling of gender in relation to asylum seekers in international conventions and treaties. Crawley and Lester (2004) suggest that less women than men claimed asylum in Europe. Women who experienced persecution may also find it difficult to leave because of their children and financial problems. Spijkerboer (2000) argues that women only leave their families and country when they can no longer cope (Freedman, 2009: 176).

According to Bunch (1995 p.13), the failure of the High Commissioner to envisage persecution on grounds of sex, makes women feel left out of the range of those that can be granted refugee status. A gender guideline for processing women asylum seekers’ applications was launched by the Human Rights Barrister Kennedy in the United Kingdom. The new guidelines aim to prioritise the experiences of women asylum seekers in the process of asylum (Verkaik, 2000).

Most research conducted on asylum seekers in Ireland focuses on the problems faced, based on their experiences in their home countries. Few of the researchers focus on the coping strategies in the new environment asylum seekers find themselves (Hunt 2008, p.32).

Studies have shown the importance of the strategies and actions of the women during the asylum process. Berghahn (1995) conducted a study on Jewish women fleeing Nazi Germany. Despite the fact that these women were from middle-class backgrounds, they engaged in unpaid domestic roles to support their families. Berghahn explained further that women are more able to adjust to a different status than men (Hunt 2008, p.75). McDonnell (2009) conducted a qualitative study on women asylum seekers in Limerick and she stated that most of them developed strategies to cope with the situation while the process of asylum reinforced the feeling of isolation and exclusion for some of the women (McDonnell 2009, p.101).

3.4 THE PROCESS OF ASYLUM APPLICATION IN IRELAND

The process of asylum differs from country to country. In the UK, asylum seekers refer to those that do not have a recognised residence status but instead have temporary residence till the end of their asylum application process (Clement 2001, p.177). In Ireland, refugee applications are dealt with on the criteria stated in the Refugee Act 1996 as amended by Section 11 (1) of the Immigration Act (1999), and by Section 9 of the Illegal Immigration (Trafficking) Act 2000, and by Section 7 of the Immigration Act 2003 (oireachtas.ie).

Refugee Application Commissioner (ORAC) deals with asylum applications decision in the Irish asylum system. This office was established in 1996 under the Refugee Act 1996. The (ORAC) makes a recommendation based on the individual application. This may take up to six months or longer before the applicant gets a decision on her application. In a situation where the recommendation is negative, the applicant can appeal; such an appeal will be forwarded to the Refugee Appeals Tribunal. Based on the recommendation of the tribunal, the Minister for Justice and Law Reform will make a decision. In some cases the applicant may get the decision within a year (citizeninformation.ie). However, in most cases, it will take longer than that.

In a situation where the applicant is refused on appeal, she can apply for humanitarian residency and this decision can take a year or more. Refugee status will be granted if the applicant meets the criteria in the definition of refugee as stated in the Refugee Act 1996. Refugee status will allow the holder family reunification, entitlement to work, right to own a business, full social welfare services and payment and educational services. They can also apply for a travelling document under the 1951 Convention (oireachtas.ie).

3.4 SOCIAL POLICY AND ASYLUM SEEKERS

Forbes-Martin (2004) pointed out that most countries do not have policies and legislation in relation to asylum seekers and in some countries the policies in place are not implemented. That is, persecution claims by women asylum seekers are not accepted even though it has been a universal debate (Freedman 2009, p.175).

In April 2000 there emerged another policy in relation to the process of accommodating asylum seekers in Ireland. Asylum seekers that arrived in the country after this date are not entitled to full welfare allowances but placed in an accommodation centre. Three meals are provided daily, a bed, and free medical services. In addition, adults are paid 19.10 Euro and each child receives 9.60 Euro every week as allowance (Luibheid 2004, p.337). However, studies have shown that asylum seekers in direct provision experience food poverty which leads to unintended weight increase; it takes away their control over food choices, and results in a limited social network that causes isolation and loneliness. This system deprives them of social interaction opportunities leading to a lack of integration (Manandhar, 2006). Prior to 26th July, 1999 asylum seekers had access to education and training and post-Leaving Certificate courses. Asylum seekers that came after July 1999 are not allowed full-time education or training but their children under eighteen are allowed primary and secondary education (Irish Refugee Council 2001).

In Limerick, there are three asylum seekers’ accommodation centres. One of these is for single people and the remaining two are for families (ria.gov.ie).

The 1956 Citizenship Act was amended in the 2004 referendum which withdrew the right of the parents of Irish-born children to apply for residency in Ireland. The argument of the State was based on the assumption that migrant women were coming to Ireland to give birth to Irish Citizens (Coulter, 2004).

Hence, most women asylum seekers struggle to cope with their new environment and there is no specific duration for the process of asylum application in Ireland which means applicants could stay longer than expected during this process. This review will now look at the needs of women asylum seekers.

3.5 WOMEN ASYLUM SEEKERS’ NEEDS

Hewitt (2000) stated that ‘human needs represent a standard of fulfillment different from basic needs and important basic human needs’ (Hewitt 2000, p.126).

Studies conducted on asylum seekers have shown that their needs are complex. Some of these need include good housing provision, adequate health facilities, access to education, employment opportunities and access to adequate information. Other problems identified include poor language skills, lack of social network support, little or no understanding of the norms of Irish society, psychological problems due to the process of asylum and lack of self-confidence due to racism experiences (Kennan, and MacNeela, 2004; Hollander 2006; Lamba 2003; and Riemann 2003)

Kennan and MacNeela (2004) conducted a qualitative study on asylum seekers and concluded that direct provision system is like a strategic plan to put an end to the provision of accommodation for asylum seekers in Ireland. Their study also suggested that asylum seekers that fled persecution from her home country had to begin a new life in the country where she sought refuge (Kennan and MacNeela 2004, p.10).

In Ireland, prior to April 2000, asylum seekers were accommodated in private rented accommodation and they were given welfare allowances as Irish citizens. This system was changed to a ‘Direct Provision System’ in April, 2000, when rental accommodation was replaced by asylum accommodation centres (Luibheid 2004, p.338). Furthermore, a qualitative research conducted by Veale and Fanning (2001) pointed out that ‘the method of providing food for asylum seekers in the direct provision is not suitable for women asylum seekers and their children (Veale and Fanning p.5). Former Minister of State Donnell stated that ‘housing and accommodation is perhaps one of the most important things to get, as we work towards integrating asylum seekers,’ (Kennan and MacNeela 2004, p.14).

Women asylum seekers and their adult children could not attend full-time education or training, although some agencies like FAS and VECs are working towards meeting these needs in relation to education. These agencies however, only focused on English language classes and skill training (Stewart, 2006). Asylum seekers’ children between age 5 and 16 years in the United Kingdom have the same educational right as other children (Reakes, 2007). Asylum seekers’ children that are minor can acquire both primary and secondary education like other children in Irish society. These children can only access education for the period of their parent’s asylum process and continuation of their education depends on their parent’s asylum application decision (Irish Refugee Council 2001).

Asylum seekers are among the ethnic minorities that their health needs special attention. Nolan et al. (2002), Cave et al. (2003), Collins (2002), and Galvin (2004) suggest that the process of asylum, availability and accessibility of health service contributes to the health needs of asylum seekers (Stewart, 2006, p.55 ). In other words, cultural variations can hinder the progress of meeting the health needs of women asylum seekers, as the support workers might not understand their cultural beliefs. This can reduce women asylum seekers care provision. (Powell et al. 2004).

Physical and psychological needs of women asylum seekers arise from their experiences from the country they fled from. Such experiences include war, political persecution, torture, discrimination, financial hardship and abuse. (Powell et al.2004). The Department of Health (2004) stated that feelings of isolation and insecurity experienced by asylum seekers based on lack of privacy can lead to social withdrawal, aggression, and depression (Stewart 2006, P.54).

3.5 ASYLUM SEEKERS’ CHILDREN

Pringle (2006) outlines the needs of children to include: love, security, praise, recognition, responsibility and new experiences. These needs have to be met from childhood and through adulthood (Pringle, 2006).

Veale and Fanning (2001) pointed out that asylum seeker’s children that are placed in direct provision ‘foster extreme child poverty and social exclusion within Irish communities.’ The centres are not conducive for pregnant women and their children (p.14). On the other hand, Manandher et al. (2004) conducted a qualitative study on food provision of asylum seekers in direct provision. They suggested that the lack of privacy in asylum centres prevents the women from breastfeeding their babies comfortably (p.45).

The Irish Refugee Council (IRC) stated in their policy on the regional reception of asylum seekers in Ireland that asylum seekers’ children experience the same difficulties as their parents. Their needs are similar to their parents in terms of health, housing and psychological needs. Asylum seekers’ children depend on their parents for developmental needs and this makes them more vulnerable (Irish Refugee Council 2001). This principle is underpinned in Children First (1999), the National Guidelines for the Protection and Welfare of Children. It states that parents have the primary duty for the care and protection of their children (Children First 1999). Asylum seekers’ children’s experiences in accommodation centres are contrary to the UN Convention on the Rights of the Child (CRC) (1989). It also opposes different existing laws in Ireland such as the National Children’s strategy, the Program for Prosperity and Fairness (2000) and the National Anti-poverty Strategy (Veale and Fanning 2001, p.5).

Hence, women asylum seekers needs are complex but their basic needs are met but base on different persecution they have experience there is need to tackle their psychological problems. Also, asylum seekers children in direct provision experience are contrary to existing laws in Ireland.

3.6 ASYLUM SEEKERS’ VIEW OF THE PROCESS

The study conducted by the European Agency for Fundamental Right (EFR) on asylum seekers in Europe has shown that asylum seekers in Ireland have mixed experiences. Ireland is one of the countries that have the asylum procedure on the website which is self-explanatory and leaflets are available where they can get access to free legal aid. Also, the leaflet is translated into about twenty languages compared to France where the leaflet is translated into five languages (Kjacrum, 2010). The questionnaire for asylum application in Ireland is difficult to complete because most of the asylum seekers do not have knowledge of the rules and regulations. Asylum seekers in Ireland also complain of the language barrier when talking to solicitors (Kjacrum, 2010).

In addition, some of the applicants complain that they are not aware that they can have a ‘gender specific interview. Some of the asylum seekers complaint about delays in the asylum process which can cause mental stress (Kjacrum and Frewen 2010). According to Rowley, the concern is that some of the women who have been in the system for two years, still battle with the dilemma of being deported. Hence, despite their experience of trauma, they are left in such an insecure state (Macormaic, 2008).

3.7 The Role of Support Workers and the Challenges they Faced

A support worker is an individual trained in motivational interviewing process techniques to be able to participate in the decision-making of issues that concern their client’s life (Territo and Kirkham 2010, p.189). Hennesy (2002) states three principles that govern the services provided by support workers as: ‘self-determination, participation and empowerment.’ An examination of these principles in relation to working with women asylum seekers entails service users being involved actively in the activities that influence decision-making on services provided for them (Lalor, and Share 2009, p.343). (See appendix 1 for the role of support workers).

Looking into support workers challenges, Pedersen (2000) refers to culture as the values, beliefs and behaviour shared by certain groups of people in society and multiculturalism as the ‘fourth force’ in the process of supporting the clients (Corey and Corey 2006, p.16). Most of the women asylum seekers are from different background, culture and religion belief, support workers needs to embrace multiculturalism in order to meet their needs. Pederson (2000) pointed out that not all African or all American have the same culture despite the fact that they are from the same continent. Also, those that have the same culture, have different experiences (Corey and Corey, 2007 p.186). Lee and Ramsay (2006) argue that changes in the demographics in society brought about new patterns for the helping professions therefore, it is important for support workers to embrace a broad multiculturalism approach in order to understand diverse clients (Corey and Corey, 2007 p.189). However, the differences in beliefs, values and cultural backgrounds can prevent support workers from providing sufficient and proper care required from them (Lalor and Share 2009, p424). From the literature presented above, one can see that there are many issues affecting women asylum seekers. Therefore, there is a need for support workers who understand the complexity and diversity that asylum seekers present with.

In conclusion, this literature review has shown the needs of women asylum seekers, the process of asylum application and the view of the asylum seekers of the process. It has also explored asylum policies, the experience of asylum seekers’ children in direction provision, and the challenges faced by the support workers. Finally, it explains the roles of asylum seekers’ support workers.

Based on the above literatures review, the researcher’s view that the needs of women asylum seekers depends on the experiences from the country they fled from, as well as the process and duration of asylum and the asylum policies in place in the host country.

Elderly abuse has been prevalent in our society and it has not been discussed frequently as compared to other issues in our society and not much research has been done on elder abuse in Singapore. Due to such limitations present in the study of elderly abuse, this creates an impression that elderly abuse is a rare occurrence and is not a potential threat to our society. With the reports on real life elderly abuse cases, it is evident that elderly abuse does exist and is not a rare occurrence in Singapore as most of the time, such incidences go underreported. Furthermore, it is often difficult to detect elderly abuse as in the first place, there is a lack of awareness as to what actually comprises elderly abuse. Dr Vivian Balakrishnan, minister for community youth and sports, at the annual family violence symposium in the year 2009, cautioned that as Singapore comprises one of the fastest ageing populations in the world, we have to be prepared and expect an increase in the number of cases involving elder abuse. ( straits Times). What is more worrying that majority of the elders suffer abuse under the hands of their own children due to the stress induced on them from care giving. Hence, elderly abuse has become one of the most important compelling social issues which have to be addressed due to the nature of Singapore’s demographic trends which consists an increasing proportion of elderly. Thus, in this paper, the social issue of my focus would be elderly abuse in Singapore.

A common problem faced with regards to the discussion of elderly abuse would be the issue about what exactly constitutes elder abuse. As a result, many cases of elder abuse go unreported. ( pg 28, say no to elder abuse).The Golden Life Workgroup on Elder Abuse Prevention formed in Singapore in the year, 2002, adheres to the World Health Organization (WHO)’s definition of elder abuse. It defines elder abuse in its report presented to the government as

“A single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust or duty of care, which causes harm or distress to an older person.” (Golden life workgroup on elder abuse, 2004 PG 16, World Health Organization 2002) CITE PROPERLY

The Ministry of Community Youth and Sports (MCYS) categorises elderly abuse into 5 main groups such as financial, neglect, abandonment, physical and psychological abuse. (Understanding Elder Abuse and Neglect pg 8 check year 2004?).

The ageing trends of Singapore suggests that with increase in life expectancy, the elderly would now require more long term care than before and there will be an increasing level of dependency on their children to support them. With declining birth rates, there would be fewer care givers in the family. This creates ample opportunity for elderly abuse to take place. (UN Secretary-General’s Report, March 2002). The percentage of elderly who are aged above 65, in 2009 was 8.80% and the projected percentage of elderly in the year 2030 is expected to rise to 18.7%. (Statistical Indicators on the Elderly, MCYS) .The United Nations uses the dependency ratio as a marker of the potential dependency burden to predict the amount of burden which has to be carried by the working population. (Source: Population Division, Department of Economic and Social Affairs, United Nations Secretariat 2007 http://www.un.org/ageing/popageing.html). In the case of Singapore, as the old-age dependency ratio is increasing each year whereby in the year 2008 it was 11.9 per 100 and in the year 2010 it increased to 12.2 per 100. (Department of Statistics, 2011). This has serious implications for Singapore, as the working population has to shoulder the burden of care giving and financial support. Now, it becomes even more challenging with the rising number of singles and married couples choosing not to have any children or just having one child . Such situations have serious repercussions as the future trend will be such that care giving on the elderly will be solely shouldered by the only child and this creates an increasing amount of stress and pressure on the sole caregiver which in return causes them to abuse the elderly. It was reported in the Straits times that each year a total of about 178 cases of elderly abuse were being reported and out these 178 cases reported about 120 cases of the elderly were abused by their own children. (Theresa Tan, The Straits Times (Singapore) October 22, 2009 Thursday).

There are various theories to explain the reasons for the occurrence of elderly abuse. The social exchange theory seeks to further explain the reasons for elderly to experience violence from their perpetrators using the concept of social resources such as power, financial stability and status. ( Quote : social work textbook pg 324), Pillemer, 1989 refer to no eldlerly abuse book behind). Increasing level of dependency on children creates a potential environment for abuse to take place, as the elderly authority is now diminished due to lack of power and necessary resources which the potential caregiver has. Hence, such a power dimension with regards to the availability of resources creates imbalance and strain in the relationship between the elderly and the caregiver. Another instance whereby an elderly abuse can take place can be explained through another theory known as the ecological theory, is when the caregiver of the elderly themselves might be undergoing several problems for instance they themselves might have financial difficulties or could be suffering from some health conditions. Thus, looking after an elderly may induce stress on the caregiver whereby in some situations, as a form of coping mechanism they might vent out their frustrations on the elderly under their care through verbal and physical abuse and this causes the elderly to be in a greater exposure to abuse. (MCYS , booklet). An example to illustrate such a case which was cited in a Straits times article will be about an unmarried son who was in his forties who had to give up his job to look after his mother who was bedridden and suffering from dementia. Not being able to handle the stress that he was going through, he used to hit his mother frequently. (Theresa Tan, The Straits Times (Singapore October 22, 2009 Thursday). Most of the times , the victims of elderly abuse tend to be elderly who are completely dependent on their children in terms of financial and healthcare aspects and therefore the perpetrators of elderly abuse are usually their children or someone they dependent on.( Quote: The Pattern of Elderly Abuse Presenting to an Emergency Department, G W M Cham, E Seow, 2004, pg 571).

Although, the number of elderly abuse and neglect cases are less than 200, it should not be taken at face value that the elderly abuse is a rare phenomenon. Coming from an Asian society, especially in a region whereby Confucian values are prevailing, since most of the perpetrators are their own children, the elderly seldom report about them being abused as they do not want to be embarrassed or do not want to be judged upon, looked down for raising children who are abusive. ( Penhale 1993, british journal of social work, 23,2) . For other elderly, they might choose to suffer under the hands of their children rather than reporting them as they are increasingly dependent on their children to fulfil their basic needs, they fear of losing them or they fear of the future consequences such as intensified level of abuse from the perpetrator when they resort to reporting them.(Lee and Pang, 2003, pang 2000). Due to such underreporting and the denial of being abused further heightens this social issue as the elderly tend to suffer in silence.

The social issue of elderly abuse should be viewed in terms of a micro and macro level. (social work)From the examples cited in this paper, it can be seen that most of the Elderly abuse which is one form of family violence was initially seen to be a private affair which was confined to and occurred usually in the family sphere which is the micro level. When the issue of the elder abuse is also being experienced by majority of the citizens in Singapore as well, with the increasing number of cases of elder abuse being cited in the newspapers and with the fast paced ageing population in Singapore, this issue of elder abuse now becomes a public and national issue which the state has to address. (textboo) For instance, in the earlier years when it came to issues about abuse more attention had been given to child and spousal abuse but not elderly abuse.(say no elderl abuse) Currently as more cases of elderly abuses are coming to the limelight, it is an issue which is worthy of concern. Therefore, elderly abuse and neglect is a social issue which not only affects the elderly but it also the rest of the population who now have to shoulder the responsibility of supporting the elderly.

There are many perspectives with regards to the issue of elderly abuse and how it should be tackled. Firstly from the state’s point of view, it strictly adopts a non-welfare approach .The state believes that various social safety nets such as the community, social services and non-profit organizations have to come together to tackle the social issue of elderly abuse. The state mainly uses the legal approach and tertiary intervention in the form of laws to tackle elder abuse and neglect. For example the Women’s charter seeks to deal with family violence and protect family members including the elderly who are being abused. The financial neglect of elderly is being handled under the Maintenance of Parents Act which allows the parents to demand financial support from their children through the Tribunal court. ( say no to elder). The Maintenance of Parents Act although allows parents to demand for financial provison from their children. This solution can help the elderly to seek financial support from their reluctant children especially when they have no one to turn to. Unfortutantely, this is only a temporary solution as the law only address the financial neglect aspect and does not address the emotional aspect of the elderly. It is because the law cannot mandate children to be loving towards their parents .This present solution posses certain shortfalls, for instance, ,many parents may not want use this maintenance act in order not cause further trouble for their children. Another problem with this solution is that many of the elderly are not even aware about the existence of such legal framework.

From the medical doctors and healthcare professionals’ perspective, there has been increasing concern with regards to elderly abuse and neglect. Hospitals now see an increasing number of care givers committing suicide due to not being able to handle the pressures of care giving and some even result to abusing their parents under their care not because of the intention of abusing them but because they do not know who to handle the situation.( srraits times) In a recent stratis time a doctor in the article mentioned that one of her patients’s daughter who was the sole care giver would force feed her until the patient had to be treated in hospital for malnutrition and despite continuously being admitted into the hospital, she was not told where to get help and the caregiver by chance found out that there is a centre which provides help in care giving. ( straits Times). From the health care professionals view, they feel that the state can come up with even more rigourous legal framework and the state could help in creating a strong network between hospitals and various caregiving centres so that the patients are able to get revelant help to cope with the demanding tasks of care giving. Furthermore, health care professionals can play a key role in detecting elderly abuse. The emergency department is one important place whereby elderly who are abused are being isolated and it can be the only appropriate situation to detect cases of elderly abuse. (W S Pang, 2000).The health care professionals face a dilemma when they encounter or suspect that their elderly patients might have been abused. It is because there are no specific laws addressing elderly abuse or neglect which results in not having a clear focus of what actually constititues an elderly abuse. (Quote pg 50). There are efforts to implement laws such as Maintenance of Parents Act by the state to protect elderly in some ways however, there is no laws which calls for mandatory reporting of elderly abuse cases. Hence this creates a predicament on part of the doctors as to whether or not to report cases of abuse. Due to the absence of a clear and proper framework or solution for the hospital professionals to strictly adhere to, such a situation causes an elderly to be trap in a vicious cycle of abuse. This has underlying consequences in the future as more cases of elderly abuse may become undetected.

From the social workers and policy makers perspective, they believe that more can be done in training healthcare professionals and social workers in terms of understanding and detecting elderly abuse. In addition, they believe that more care giving centers can be set up to reduce stress of the care givers and serve as an intervention for abuse cases. This solution is can be very useful in the long run as it helps to protect elderly and helps to consell and educating the stressed caregiver which eventually helps to prevent the elderly from being further abused. However, one area of concern would be that the availability and increasing number of caregiving centers and residential homes can also create a room for misuse whereby children of the elderly for their convenience and in order to discard their responsibility as they might use such places to dump their parents there. Thus, there has be stricter regulations with regards to the admission into the caregiving centers.

After considering all the different perspectives being offered pertaining to elderly abuse, in my view, I would support and favour health professionals, social workers and policy makers view especially with the view that the state has to adopt stricter and harsher laws when it comes to elderly abuse. The absence of mandotary reporting of elderly abuse, creates the main problem for allowing elderly abuse cases to go unreported. Furthermore with the absence of a clear framework of what actually constitutes elder abuse or how this social issue can be tackled it creates a form of helplessness on the part of the healthcare and social work professionals as they are not being able to intervene in elderly abuse cases promptly. In my view once the state has come up with a clear set of laws specifically addressing to elderly abuse and once there is an the implementation of mandatory reporting then it becomes easier for the healthcare professionals and social workers to be better equipped in intervening in elderly abuse cases.

In conclusion, as discussed in this paper, elderly abuse is one of the key social issues which the states has to constantly look into as elderly abuse requires lots of intervention programmes, training and education of the public and social work professionals. Elderly abuse can have serious consequences on the mental health of the elderly and they might lose their dignity in living as a normal human and their basic human rights such as the freedom to fight against any abuse and discrimination against them is being lost. Therefore it becomes a necessity to ensure that these group of elderly not just will have the proper healthcare facilities but it is also our society’s outermost duty to ensure that the elderly age with dignity and they spent their last years in a protected and non abusive family environment.

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1. AIM/OBJECTIVE

The purpose of this paper is to examining the concepts of hold-up and how power plays an important role in how the problem of hold-up is resolved. And also look at possible strategies or solutions for the buying organisation to avoid hold-up.

2. METHODOLOGY

This paper will examine the work of Klein and Chang & Ive in answering the concept of hold-up in the supply chain and also will examine the pre-contractual and post-contractual issues leading to hold-up. The first part of the assignment looks at how concept of incomplete contracts led to problem of hold-up in case of the General Motors and the Fisher’s case.

In the second part of the assignment, is about how other factors like asset specificity and lock-in leads to hold-up problems post contractual in reference with the construction projects. Also look at the case of hold-up in the IT industry in regard to the Flash – Apple clash.

And finally critically evaluating the different cases and conclude by deriving a strategy or mechanism in avoiding or minimising the risk of hold-up’s for buying organisations.

3. INTRODUCTION

Hold-up is a situation where there are two parties (say, buyer and supplier) and one party has to make specific investments for the trade. If the investment is specific only to that customer, then the supplier is vulnerable to hold-up and on the visa-versa, if the product designed is specific to the raw material possessed by the supplier then the buyer is bound to have higher risk of hold-up (Klien, 1996). The party with the higher power seeks to achieve the quasi-rents [1] . Hold-up on the transactions cost economics is the problem of short-sightedness.

Hold-ups can occur under various situations both pre-contractually and post-contractually. As explained by Williamson (Williamson, 1985), it could be Opportunistic behaviour of supplier pre-contractually or Klein’s theory of uncertainty in the market condition or the issue of moral hazard or bad behaviour by the buyer that leads to the hold-up situation.

As explained by Klein, “the buyer/supplier conflict can be due to unanticipated events that occur during their contractual term; like reduced/increased cost or demand, which clearly puts one party with the higher bargaining power and thus changing the power dynamics in the relationship. The party with the higher power tries to breach the contract or be opportunistic in order to achieve the quasi-rents.” (Klien, 1996)

Williamson’s concept of feasible foresight/farsightedness could be a possible solution for the buying organisations to avoid or negate the issue of hold-up. People are boundedly rational and having a myopic view is a problem. Klein looks at the role of contracts in solving the problem of hold-up and says the assessment of self-enforcing range of the contract and a better written contract can avoid the situation.

“The ways of solving or taking into account the problem of hold-up has been in the core of transaction cost economics. There have been occasions where both parties know that there is a possibility in hold-up in future but considering the cost and time involved in defining each and every contingency in the contract is not feasible” (Fares, 2006).

Below I will be discussing a few cases where hold-up was evident and what corrective actions were taken under different circumstances.

4. HOLD – UP: CASE ANALYSIS

There have been numerous cases of hold-up discussed in the transaction cost economics and the one that is most spoken about is the General-Motor and the Fisher’s Case. In this assignment, I will be discussing three different cases focusing on contractual issues, moral hazard, asset specificity and the issues with time in Hold-up.

4.1 General Motor & Fisher’s Case of Incomplete Contracts [2]

“This has been the most spoke about case in economics in relation to the issue of hold-up. In a nutshell, it is a case where both parties signed a contract in 1919 for the supply of automobile bodies by Fisher to General Motors. Fisher, the manufacturer or supplier in this case had to make specific investments in stamping machines and dies for General Motors. This was a long term contract(over a ten year period) and also General Motors set a price formula, Fisher’s Variable cost plus 17.5%(to cover the capital and overheads). Ideally General Motors(henceforth GM) designed the contract in such a way that they can create a hold-up over Fisher. GM had even threatened to reduce the demand if Fisher did not come down on price, which would mean that the investment made by Fisher would not be efficiently used.

But what really happened was not expected by both the parties. Up till 1919, most of the cars had wooden bodies but there was a huge rise in demand for steal body cars in 1919 which lead to a huge rise in demand for Fisher’s products. GM had no other supplier to replace with and even doing so would lead to a high switching cost. This could also be a problem of myopic view by GM, who view the price in a long term perspective and ignored the market potential/demand. The unanticipated increase in demand gave Fisher the upper hand and used the contractual terms to its strength in attaining the quasi-rents. They moved farther from GM location and created the extra-income through the formula set by GM in price determination. Fisher found that the contract was over the self-enforcing range and was in a favourable position for it to profit out off the contract if it breaches the contract. This provided as an incentive to Fisher.

Both the parties new that the contract was not completely perfect and believed that the contact was optimal designed to minimize the probability of hold-up. GM had only two options available to resolve the problem, first to terminate the contract and find a new supplier. This would mean that the huge market demand cannot be satisfied and the switching cost becomes very high. The second being, renegotiating with Fisher and provide a lump sum payment to keep the contract running. Without question, GM had to settle for the option two as the time span was very limited and GM did not have much of an option in suppliers then. Thus the problem of imperfect or incomplete contracting leading to hold-up is evident in this case.

In this case, to prevent the ex-poste problem of contracting, GM should have had the farsightedness view towards contract and defined a contingency plan in case there is a drastic change in the market condition to renegotiate the contract and derive at a new price. This could have saved quite a lot of time and resources. It should not be just from the price point view but should be a holistic view of the contract. They should have defined the self-enforcing range so that they need not be amended frequently. They were right in defining the power relation pre-contractually but underestimated on the post-contractual drift in power. Also GM should have had better incentive plans in place so that the supplier does not think about breaching certain incompleteness of the contract” (Klien, 1996).

Asset / Process Specificity & Lock-In Situation In Construction Projects [3]

The second is a case with multiple levels of hold-up ranging from small to large in the money involved in the dispute. This is a case in the construction project with three different parameters (uncertainty/unanticipated events in the project, lock-in situation and the amount of money involved in the dispute) of hold-ups identified. In the construction specific project a new form of asset specificity was identified, process specificity” (Chen-Yu Chang, 2007).

“The channel tunnel project is a build-own-operate-transfer project for creating a tunnel for railway network. Both the French and the British governments awarded the project to Eurotunnel, to build and operate the tunnel for 55 years(which after extension is 99 year project). Eurotunnel in-turn sublet the construction to a ten member consortium called Transmanche-Link [4] . The project was at the design stage when TML was assigned and the changes that they had to make in the project had to comply with safety rules of the intergovernmental commission” (Chen-Yu Chang, 2007).

The project started under huge pressure and Eurotunnel, gave out the project to TML under two contracts: “cost-plus contract for tunnelling and lump-sum contract for fitting out and terminals” (Chen-Yu Chang, 2007). Two events that were ungovernable uncertainty that occurred in the first stage where, the conditions for the land, which TML expected it to be better but was in a much worse condition and the delays in signing of the Anglo-French channel treaty delayed the start of the construction. Although the money under dispute was not a large sum at this stage TML had to go for an extension in the project time and there were no concessions made on the cost overruns.

The second round of dispute was on the cost overruns which were outstanding from the previous dispute. By this time both were in a lock-in situation as over ?850 million loan has been drawn out of the bank. Due to the delays caused earlier, there was a step rise in the cost which needed the contract to be re-valued and the new target cost for the project was set but TML had to bear a higher percentage of the cost overruns.

The third dispute was a large sum of money involved, where the requirements of intergovernmental commission and railway companies induced a huge rise in cost on the equipments. TML passed on this added cost to the contractor Eurotunnel. By this time Eurotunnel was in a lock-in situation with TML and had to settle for the needs of TML. Thus TML benefitted out of the incomplete long-term contract signed.

4.3 Flash – Apple War

“The third case is over property rights issue in IT industry. IT and Software industry is prone to hold-up problem. For example, developing an internet page/company basing it on a particular software firm/application which the company doesn’t have property rights is considered equivalent to building a house without owing the land. For any changes that have to be made on the internet, they need the original creator/vendor, which makes it dependant or held-up by the vendor.

Flash is a similar kind of software or platform, where the products built on Flash are at high risk of hold up. Because of this, flash is recently been targeted by firms like Apple and Google, in replacing them with a better source. Apple for its new product iPad, needed to make heavy investment in the ecosystem. Had it used Flash, Apple’s ability to achieve rents from the investment would have been held-up by Adobe. Flash is a more closed software and does not share exclusive information with its clients. This has been a hindrance to many firms and firms are looking for a much open source software and platforms to develop their products.

The issue in the IT sector could be minimized by making a clear contract stating the future maintenance and updating of the software and also define a period when the contract will be re-valued or re-negotiated” (Michael Schwartz, 2010).

5. CRITICAL EVALUATION

After looking at the three above cases some of the prevention measures that a buying organisation could adopt are as follows. It is not always possible for a buying organisations to adopt these is all the situations.

Figure 1: Contractual Process

The above picture depicts the process of contracting that the buyer could you to adopt to avoid or minimize the risk of hold-up in a relationship. The first step for the buyer is to decide on the investment and make a cost-benefit analysis of the investment. Some of the basic questions like is the investment really needed, is it worth entering into the relationship and most importantly before the investment decision is the analysis of the buyer-supplier power relationship.The buyer before entering into contract specific investment in relationship, has to assess the power dynamics and foresee the possibility of shift in power post investment. If it finds itself in a weaker position, certain contractual terms could be added to protect its profits out of the investment. Defining the relationship also clears the fear of buyer falling into a lock-in situation with the supplier. As Williamson says, buyers need to have the farsighted view on the contracts than signing a contract and taking care of the problem later, only to recognise that they have to settle for the second best option.

Then is the writing of contracts. As we have seen from the above case examples, it is clear that all the contingencies cannot be written down in the contract as identifying them is a lengthy process and is an expensive process too. To make an effective contract, we could use both Klein and Williamson’s concept in design a contract which has a self-enforcing range but also had the farsightedness view of the project and identifying opportunistic nature of the supplier. Also it is important at this stage to define the property rights of the product or the process that the supplier is making with the specific investment made. It is also important to define the incentives that the supplier gets for on-time completion of the project and within the budget fixed. This incentive should be made as an attractive offer to the supplier so that the risk of opportunistic behaviour by the supplier can be minimised.

The next step is that the supplier makes the investment and the buyer needs to overlook the spend so that they do not go excessive of the planned budget. The problem in conflicts and lock-in has in most occasion been due to the excessive spends and buyer had always been to have partially paid for the mistakes of the supplier because of the sunk cost or switching cost for the buyer if he had to change the supplier during conflict. The contract should be defined in such a way that over a specific period of time and cost, the contract will be re-opened for negotiations and a performance review been conducted on the supplier.

The fourth and fifth steps are in relation to the renegotiation of the contracts. During the contract stage, the time period of re-negotiation or re-evaluation of the product should also be defined. Even in a long-term contract when the price is fixed on certain parameters, it is better to re-examine the conditions after a few years or after certain unanticipated events like financial crisis or sudden rise in demand to keep a contractual balance and prevent one party from benefiting from the contract.

The final step is the payments for the trade and the buyer’s need to be careful here not to delay the payments as this could lead to conflict and the supplier taking arbitration actions to court. This could also lead to bad reputation and damage the image of the buyer in the market.

6. CONCLUSION

Again, Power relations play an important role for the buyer organisation in defining their contractual terms with the supplier. Power is the universal term in economics and failing to understand it could be costly for organisations. From the case evidence above it is clear that being over-optimistic in design the contracts have made some companies in losing their power post-contractually. Hold-ups are due to unexpected events or sometime a deliberate process due to the lack of time or resources available. There has been no specific method or tool to negate the hold-up issue and depending on the situation the actions are taken. But it is important for buyers to pre-empt the situation and be ready to tackle the situation.

Thus I conclude by saying that in real world all the situations are possible, information asymmetry, opportunistic behaviour supplier, moral hazard behaviour of buyers, lock-in situation, incomplete contracting and hold-ups are the evident result and one needs to craft a well designed contract to evade the situation.

They buyer’s need to keep in mind this statement of “why settle for a silver when you can go for the gold”

The focus of attention of this essay is on ‘The potential for professional misuse of power by health care professionals when working with vulnerable groups’. The author of this paper will address a number of issues as they relate to the topic question, which includes, describing a vulnerable group nominated for discussion and why they are at possible risk, there for outlining examples of misuse of professional power and putting forward strategies to address situations that arise, offering approaches that prevent the misuse of power from happening in the future and summarising legislation and professional codes of conduct involved with client care of the vulnerable group. The group nominated to illustrate the potential for professional misuse of power is those who live with a mental illness. There are a number of reasons why this particular group has been chosen and they include, the idea and notion of marginalisation, and social stigmas associated with having a mental illness. This health care issue is an issue that crosses all social and economic boundaries and divides society. In days gone by, the views held by many in our communities had been consistent with the notion and idea of ‘out of sight out of mind. Thankfully community attitudes are changing so to health care practices towards the treatment of a mental illness. In spite of these changes there still exists the potential for mistreatment and the misuse of power by some professionals who not only exacerbate the problem of the patient but also bring the profession into disrepute.

The following will now discuss as to the reasons why by giving examples of misuse of power that some health care professionals are entrusted with. History teaches us many lessons, the accounts of abuse of mental health clients and patients are many. In describing examples of abuse by care workers the concept of what are boundaries will be discussed. Discussed in the context of what constitutes what is acceptable and what is deemed inappropriate. That is, from the view point of noting the points where medical staff can assert power and to what extent this means in terms of patient rights.

Boundaries can be looked at from a number of points of view. For example boundaries can be seen as those sets of rules that establish the grounds by which one engages. For instance boundaries can be established by clearly defined sets of ordered and structured statements that indicate the manner and way in which clients are dealt with. (http://www.nrgpn.org.au/ 2nd August 2010).

They can come in a number of forms that appear in the shape of; Acts or laws, policies, work place practices and so on. Take the Mental Health Act, for this assignment the Author has used the example of Act content from the Western Australian Act 1996 where Part 7 discloses Protection of patients’ Rights to be given). (Http; /webcache,googleusercontent.com 27th July 2010).

Professional boundaries can be described as those conditions that distinguish between sets of behaviour that may lessen the health outcomes of the patient. The idea and notion of what boundaries represent and mean can best be summed up by saying that they are those sets of conditions that bring about an acceptance of each parties roles and responsibilities in a particular relationship.

In summary they set the standard where by clearly defined sets of conditions establishes a manner of conduct and behaviour that informs the worker what they ought to do at the same time informing them of what this means in terms of their relationship with the patient. In the context of examples of the misuse of power, one could quite easily conclude that the misuse of power occurs when a worker crosses those professional boundaries of trust and neglects their commitments and responsibilities which in turn create the potential for the inappropriate care and treatment, which results in poor outcomes for the client.

With respect to the concern of preventing abuse by health care professionals, the issue of standards and transparent diagnosis and evaluation of a mental illness comes to mind. In turn the issue of creating and maintaining sets of standards are important factors in preventing abuse. Important because they (the standards) establishes mode and method of not only treatment but of means and measures of developing a more structured way of not only appropriately assessing those with an illness but also ensuring that the diagnosis falls within particular guidelines.

In terms of transparent practices, clearly defined guidelines need to be put in place that shows an open and ordered means by which patients are then processed and dealt with. Standards are the key to managing the prevention of abuse of the mentally ill. Standards from the point of view of realising measured and ordered approaches to the practices of caring for the mentally ill as well as guaranteeing fair and equitable management of the patients concerns.

In dealing with the issue and concern of developing approaches to manage the potential for eliminating abuse from happening in the future the proposal for a much broader campaign of drawing the attention of the communities understanding to what is going on makes for a point from which to start.

Measures for eliminating abuse must take on a much broader and wider audience. The issue is both a social one as well as a political one. The effect of such a campaign must take place within all quarters of society. The failure to address the concern as a much broader social issue can have disastrous consequences not only on the client affected by abuse but also on the profession it self. There must be a greater emphasis placed on intake procedures and screening as well as safety checks put in place within the profession. A greater level of management practices that are consistent with standards that place emphasis on treatment outcomes and doctor/nurses skills training must take precedence.

Medical staff must also be aware of all resources like the Australian Health and Ethics Committees resource kit outlining good medical practice in doctor/nurse patient communication. These set of guidelines focus on how doctors (communicate with patients and the need to discuss treatment plans including information on risks, and, restricted circumstances when immediate provision of information may not be desirable). (http://www.nhmrc.gov.au 21st August 2010)

This will help to ensure that levels of safeguards are established and put in place that dictates the grounds upon which patients are treated as well as ensuring that those who provide the service are able to cope with the related concerns in away that creates well ordered work practices.

As mentioned in the above prevention of abuse of mental health patients is a social concern. The stigma and stereotyping that has gone on in the past has only exacerbated and enhanced the typical stereotypes that exist in society for far too long.

The kind of mind sets that exist does not in any way help the situation at all. Failures to recognise the concern in its social context will do little to comfort those who seek and wait for the kind of change that will bring about work place practices that are void of those mind sets described in the above. In order for the above to have any affect it must be accepted that people suffer from mental illness in all quarters of our society. As stated previously it does not discriminate and crosses all cultural and social boundaries both socially and economically. In light of this statement the following will address in further detail the mechanisms where by change can be affected and by what means it can be achieved.

However it must first be acknowledged that social and professional change is not always an easy thing to achieve. It must also be acknowledged that our society is based on sets of principles and ideas that are fundamental to the way it functions and operates. In that context then it must be accepted that we all no matter what our disposition, are afforded rights of consideration and respect.

The kind that are and should be common place within a democratic society that operates and functions on principles of equity and equality for the masses, the kind of principles that entitles each and everyone one of us fair treatment. Based on the position then it should be no surprise that is addressing concerns of misuse of power and the subsequent abuse of power by health care professionals should and must be governed and managed by sets of procedures and practices that are consistent with these principles.

Often mistreatment in the work place can be linked too much broader social images and attitudes. That’s why work place practices must be supported by a much larger body of thought and action that spells out quite clearly that the misappropriation of power against those who have little control over their situation must be enforced. That is in the context of legislation and government and judicial management orders that establish clear and mandatory codes of practices. This in turn must be supported with mandatory and skills based training for professionals to better manage the risk of inappropriate behaviour and actions.

In examining the points raised in the above a case study found in Ethics and law for the health professions 3rd edition, by the authors Kerridge, Lowe and Stewart (2009) illustrates well, a number of important and fundamental concerns when considering issues of misuse of power and behaviours that are inappropriate. For example the authors in setting out the case study of a woman who was suffering from case of low self esteem talked about the type of power relations that are tipped in favour of the psychiatrist.

The authors in summary (describe the outcomes for the women in terms of misappropriate diagnosis and maltreatment with respect to medication and management of the illness. The Authors go on to state that Psychiatrists diagnose patients as having mental illness, institutionalise them against their wishes or free them from imprisonment, give them mind-altering substances and administer electro-convulsive therapy) (which means the application of electric current to specific areas to the head to produce a generalised seizure (Mental Health Act 1996 part 5). These power imbalances are the cause of many of the ethical issues in psychiatry”. Kerridge, et, al (2009, p. 499).

In short if a position had to be taken, as to the primary reason behind the misuse and abuse of power by health care professionals and this can be applied across the industry as a whole, then it would need to be one not to dissimilar to that stated by the authors in the above. That is, much of the concerns that the mentally ill face are based on power relations that are tipped in favour of the professional health care provider. The case study mentioned in the above is one that is all to typical of the kind of mind sets that pervade the profession. This is a prime example of those relations that exists and one which is representative in the way that it seeks to manage the cause and effect of the patients’ condition and in the process takes away not only their rights but also their dignity.

Finally, and in summing up, this paper has attempted to provide a discussion, although brief in detail points for consideration when it comes to issues of the misuse of power towards the mentally ill by some health care professionals. This brief discussion has attempted to highlight not only the need for the management of concerns in a much broader context but also in terms of the internal institutional organisation of treatment of patients. This paper offers for consideration a number of considered points to ponder as they relate to legal and ethical concerns of a other wise stigmatised and marginalised group. Vulnerable they are but not without rights. As a result of considering this topic in more detail, if there is one point of consideration that the author of this paper would like to share as a result of reflection, then it would be this. The responsibilities of health care professionals are enormous. They are the kind of responsibilities that impact profoundly on how patients are engaged and managed. Profoundly, in both the context of their much broader obligations and profoundly in the context of the social consequences of their actions as they relate to the health outcomes of the patient. And finally the above has reviewed the legal and ethical considerations that are fundamental to the practice of health professionals doing what they have been trained to do, engaging the patient in the kind of relationship that in turn helps to prevent the misuse of power by health care professionals.

Values are part of my upbringing and play a big part in my life, as they underpin my thoughts and actions. As a social work student I need to question my personal values, beliefs and ethics as these will have a big impact on my behaviour as a professional. My personal values are congruent to the values of social work, which is the reason why I have chosen a career in a social care. This values are self – determination to promote social justice, being caring and helpful toward others, truthfulness (honesty) and respect. Working in Residential and Care Homes further developed my interest in promoting social justice and social change on behalf of the service users. I understand, that as a social work student I need to act in accordance with the values, and ethics of the profession, recognizing how personal and professional values may conflict with the needs of diverse clients.

VALUING DIVERSITY

To value diversity means acknowledging my own prejudices, allowing people to be different and respecting these differences. Being raised in Poland, where 96, 7% of population is polish my upbringing was “white” and influenced my prejudice about people from other cultures. Due to lack of contact and knowledge I have made a preconceived judgment about other races. My social environment such as religion and culture has influenced me to behave in certain ways towards other people. My religion created a stereotype and prejudice about homosexuality. My beliefs would not accept homosexuality due to influence of the church on my attitude towards sexual orientation. Moving to England and changing my social environment made me realize how wrong those perceptions were. Living in multicultural environment made me aware of different cultures, religions, races, which helped me to change my attitude towards people from diverse backgrounds. I have made friends from different parts of the world what helped me to enhance my understanding of different cultures and religions. I have learned how to accept and respect the differences. I understand and recognise that we living in a diverse society and that there is much

to be gained by having a variety of people, with a variety of backgrounds, approaches, talents and contributions.

DISCRIMINATION

My experience with discrimination started when I moved to England in 2004. I was often subject to insulting racial jokes. The stereotypes about my culture and people along with labelling were very offensive and painful. The people with whom I have been working held hostile attitudes toward Polish people and culture. I was working in Bed and Breakfast where the majority of employees were English. My employer treated me differently than other employees. When allocating the tasks, she would often give me the most of them living the rest of the staff doing almost nothing. On one occasion one of the employees did not complete the given task and she said “Let the Polish get on with this”. She would not have dared to treat other employees the way she treated me. Probably she thought that she could get away with it because I did not know my rights and my English language was very poor. I found that experience very painful and could not understand why I was treated this way. Later on I have discovered that it was a direct discrimination and it is against the law to be treated this way. There are a number of policies and legislations that could apply to my situation such as:

The 1976 Race Relations Act, which “makes it unlawful for an employer to discriminate against you on racial grounds. Race includes: colour, nationality, ethnic or national origins”. ( www.direct.gov.uk)

The Equality Act 2010 “provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society”.( www.equalities.gov.uk)

I could also use agencies such as Citizen Advice Bureau, which provides free advice to foreigners, and often offer a translator to provide information and advice on employment rights, including discrimination. ACAS is another organisation, which provides general information on employment rights and responsibilities.

Being discriminated in the past made me realise how damaging the effects of discrimination can be. I have started to wonder why people discriminate against each other. On many occasions I have witness discrimination but due to lack of knowledge I was not able to challenge it and simply accept or ignore it. Last year on the Access Course I have developed a knowledge which helped me to understand why discrimination happens in society. I have learned different theories behind discrimination which helped me to understand its roots. Since then I have become more observant and started to reflect on my own actions and actions of others. Schon (1983) identifies two types of reflection. Reflection – in – action, which is “thinking back on what we have done in order to discover how our knowing in action may have contributed to an unexpected outcome. We may do so after the fact, in tranquillity or we may pause in the midst of action (stop and think) “(Schon,1987:26). Reflection -in -action is about challenging my assumptions, thinking again, in a new way about the problem that I have encountered. Reflection – In – Action is happening “where we may reflect in the midst of action without interrupting it. Our thinking serves to reshape what we are doing while doing it” (Schon, 1987:26).

By observing others in my current work place I have identified negative experiences present in a Care Home based on feelings of discrimination and unfair treatment which was against my own values and believes. One of the examples of discrimination that I have witness was discrimination through the language. Working in a Residential Home as a carer I have noticed a member of staff using patronising and insulting language towards residents. I found that language very disrespecting and decided to challenge my colleague. I have realized that he held a negative attitude towards older people, as he regards to residents as ” dirty old woman”, and call them as “useless “. I have explained to him that one day he also will be old and

is that the way he would like to be seen. At this point my Manager came in and after explaining what has happen, the member of staff was asked to leave the premises. In reflection on this experience I have realized that people have different attitudes to aged population, which are different to my own attitude.

Another observation involves a resident having negative attitudes towards black people. The resident would not allow a black member of staff to provide any kind of help or personal care. She would shout and swear using insulting language as soon as they entered the room. Because the majority of carers are black it is hard to allocate a white member of staff to help her. When asking her why she does not want a black member of staff she answered that she “does not want blacks to help or touch her because they are dirty and “useless”. On one occasion when attending this resident I decided to challenge her perceptions about black people and called a new black member of staff to help me when giving personal care. I have explained to the resident that she is a new member of staff and she will only observe me. She accepted it but was not very happy about it. While working with resident I started to ask the girl questions, such as why she wants to work here and does she like her job. She responds that she was looking after her grandmother who passed away recently and has a lot of experience and that she enjoys helping other people. The resident was listening but did not say anything. I was hoping that she will change her negative attitude after spending some time with the black member of staff, after watching me having a positive interaction with her. Not being aware of the resident attitude the girl asked her if she would like her to do her hair because she used to do it very nice to her grandmother. The resident did not answer just sat on the chair and gave the girl a hair brush. On that stage I have left the room hoping that this experience will change her attitude and prejudice against black people. The resident now is being attended by black staff without any problems, and communicating in a respectful way.

REFLECTION ON THE POLICIES OF CHALLENGING DISCRIMINATION IN MY WORK PLACE (JEWISH RESIDENTIAL HOME)

The use of Anti – Discriminatory practice at my work place is fundamental to the ethical basis of care provision, and equality legislation is crucial to the protection of service users dignity. It imposes particular responsibilities on public and service providers to avoid stereotyping and to respect service user’s diverse needs and cultural diversity. To challenge discrimination Jewish Care has put into place a written policies and procedures to deal with discriminatory behaviour and practice.

CHALLENGING DISCRIMINATION AND OPPRESSION

A starting point in challenging discrimination and oppression is having awareness of the different types and ways that discrimination and oppression can occur. Thompson PCS Analysis provides a clear and understandable method of consideration discrimination and oppression in the context of personal, cultural and societal levels. The process of empowerment is also crucial in challenging oppression. On a personal level we could empower individuals to take control over their lives, for example through enhancement of self-esteem and confidence. On a cultural level empowerment is concerned with becoming aware of ideologies premised on inequality. Discriminatory assumptions and stereotypes should be challenged in order to break down an oppressive culture. On a structural level empowerment involve abolition of structural inequalities from the structure of society. Education plays important role in challenging discrimination. By educating people to understand the causes and effects of discrimination we can challenge traditional beliefs and practices concerning particular groups and promote equality, diversity, inclusion and tolerance.

ANTI – DISCRIMINATORY PRACTICE

Anti – discriminatory practice is an approach which seeks to combat discrimination and oppression, in terms of challenging all forms of discrimination and oppression from our own practice and practice of others (Thompson, 2006).

As a social work student I need to develop further my anti – discriminatory practice. To do so I have to recognise the significance of discrimination in people’s lives, especially in the lives of disadvantaged people. I also need to develop self-awareness and make sure, that my own action does not reinforce discrimination.

Health, Wellbeing and Quality of Life is defined in different ways due to circumstances of the person it represents comparing age and gender brings different results as so does the economic status of the person and what social class they belong Blaxter (1990) study of health and lifestyle of 9000 people in the UK showed that a percentage of people could not tell when they were healthy only that they knew when they are unwell people’s perceptions of health show in studies that the elderly define health and quality of life as being able to move around where as a younger person might think running a marathon or going to a gym make you healthy. Disease can have a major negative impact on health and wellbeing feeling that a label has been placed on someone makes them feel that they are now classed as defective and this knocks confidence to improve their situation and they fail to regain a better quality of life Exploring different sectors of society we see a bigger picture that health, wellbeing and quality of life means different things to everyone

Elderly people have experienced many changes over the years physically and mentally their bodies no longer agile as when they were young making simple tasks around the home a challenge mobility has one of the biggest impacts stair climbing and general moving around safely in the home impact on how the older person feels their quality of life is now compared to how they were younger physical impairments sight and hearing loss weakening of limbs and arthritic conditions makes the person feel they can no longer lead a fulfilling life and fear losing their independence

With health promotion to improve the quality of life of elderly people service improvements can be put into place including community care and day centres (Hubley and Copeman 2010 p104) provisions to make the home safer and providing equipment such as walking aids and stairlifts which the local authority may help to fund also the local council can supply nutritious meals through its meals on wheels service ensuring the elderly person gets hot food.

Another major factor in the United Kingdom that affects quality of life and health is housing according to the World Health Organization the conditions of living in insufficient housing has contributing factors to numerous avertable maladies amongst these include respirational problems, nervous system, diseases of the heart and cancer So for the lower class people those who fall into the scale of poverty, homeless including those living in temporary accommodation and the unemployed their quality of life will be impaired as there are very little options in where they reside with council and housing waiting lists at an all-time high over 1.7 million households are currently waiting for social housing (Shelter 2012) private rented accommodation is another option but with unscrupulous landlords looking to make easy money and not maintaining their properties people are living in dangerous and unhealthy conditions properties may have damp issues which affect the respiratory system causing such ailments as asthma and bronchitis as well as suffering more colds and flu although these are treatable with medication or by moving home then a person can regain a better quality of life another problem facing the lower class is stress living in unsuitable accommodation or in a poor run-down neighbourhoods with anti-social problems such as drug abuse and noise the stress can put a strain on family relationships causing arguments and unhappiness the area may not be safe for children to play out and this affects the quality of life not only of adults but children suffer too and this may affect their schooling by ill health causing time off

on the other scale of the ladder we see people who are in steady employment and have the finances to purchase their own property in areas of their own choosing these people have a better quality of life and health as they have the finances for improved medical and health treatment and with the satisfaction of achievement of having better things owning a home, career, financial security, car and holidays

Most have found they are in the sector who are enjoying health, wellbeing and quality of life

A decent home is fundamental to people’s well-being (Shelter 2007)

One of the most traumatic and stressful things a person can go through in life is finding themselves homeless there are many reasons why this may happen a private landlord may decide to sell the house they have been leasing out or it could be a breakdown of a relationship or having to flee domestic violence there have been a significant amount of homes being repossessed as people can’t keep up the mortgage payments due to job loss, ill health or financial problems

There are also other reasons why a person might find themselves homeless such as a person from another country seeking asylum in the UK everyone’s experience of homelessness is different for some people they will find themselves staying with family or friends others especially families who cannot be found a home immediately will be placed in temporary accommodation where they may have to share facilities such as bathroom and kitchen this can make a person feel degraded accommodation may not be found in the local vicinity meaning people may be far away from family and friends and they can feel isolated For those not so fortunate to have temporary accommodation because of issues such as mental health, drug and alcohol abuse these people may find themselves sleeping rough on the streets or squatting in unsafe and unsanitary conditions the charity St Mungo’s based in London hold a survey of the homeless people who attend their centre each year and the findings show that there is very poor health amongst the homeless people as shown in their 2012 survey 64% had a physical health condition and 70% were suffering mental health problems (see Appendix A,B and C) the survey clearly shows that most of the homeless people suffered a poor quality of health for some a change is possible with medication to improve mental health or people addressing their addictions and seeking help from medical or self-help group taking responsibility will empower the person to lead a better life with the possibility of getting a home and job a person can then gain back a good quality of life

Everyone has a responsibility for their own health and well-being for others higher up the social ladder this is easier as they have safer cleaner living conditions and access to private medical care and facilities where this may be impossible for others such as the homeless and gypsys who are constantly moving around and may not have access to facilities education can play a good part in giving advice to these sectors especially on the importance of childhood vaccinations to prevent the spread of diseases and infections such as chicken pox, Measles and whooping cough and provide advice to the elderly who may need care for arthritis and other ageing conditions with health promotion members of the community who are trusted can relay the information and help improve the communities health. the Government and National Health Service have set up many schemes to help people with addictions, healthy eating, exercise and unemployment initiatives Charity’s such as Shelter provide help on housing crisis and homelessness and Age UK help promote advice and services to help the elderly community It is possible with knowledge to make changes and to some degree people can experience health, wellbeing and quality of life.

Appendix A,
Appendix B,
Appendix C
,

Introduction

The aim of this assignment is to show how a Social Worker would apply a Behavioural Method as an understanding and intervention on the case study supplied. I will do this by explaining what Behavioural Social Work is, how it is used in practice, how it meets the needs of the service user and identify personal challenges along the way. I will try to challenge my own views and ideals on the service user, and how these can be challenged for Anti-Oppressive Practice.

The History of Behavioural Social Work

“Most of what makes us truly human, most of what makes us individuals rather than ‘clones’, most of what gives us a discernible personality – made up of characteristic patterns of behaviour, emotion and cognition – is the result of learning” (Sheldon and McDonald, 2008). The Behavioural Perspective focuses on the individual and the relationship between stimuli in an environment and how it determines behaviour through learning (Westen, 2001). This is also how Behavioural Social Work is executed, by focusing on behaviour that is observable and changeable. Like other forms of social work methods it has been adopted from other disciplines, and in particular Psychology, but has been adapted to achieve measured outcomes and effective practice for Social Work (Watson and West, 2006).

There are four main Theories that are relevant and used in Behavioural Social Work;
The first behavioural theory is Respondent Conditioning, first introduced by Ivan Pavlov, who used experiments on dogs to discover how to condition a response after the presence of a certain stimuli has been removed.
The second major behavioural theorist is B.F Skinner and his Operant Conditioning, he observed that the behaviour of organisms can be controlled by environmental consequences that either increase (reinforce) or decrease (punish) the likelihood of the behaviour occurring (Westen, 2001). He claimed that the outcome of behaviour was voluntary and goal directed, and always controlled by the consequences the behaviour would lead to.
The next behavioural theory identified is Social Learning Theory, which extends behavioural ideas and claims that most learning is gained by copying others around them, rather than them being reinforced as skinner claimed. That behaviour is shaped by observing others and interpreting it (Payne, 1997).
The fourth behavioural theory is Cognitive Learning Theory and was introduced by Albert Ellis and Aaron Beck in the 1960’s, this is a theory that focuses on the way people perceive, process and retrieve information (Westen, 2001). A perception of the environment from previous experience.

It was during the 1980’s that Social Work adopted behavioural theory as a method of working with service users, part of the reason for this was the ability of the theory to achieve realistic outcomes (Watson and West, 2006). The learning theory used in social work is a combination between all four theories listed above; Respondent Conditioning, Operant Conditioning, The Social Learning Theory and Cognitive Learning. These are used to enable the social worker to observe behaviour and therefore intervene appropriately (Watson and West, 2006). The importance of behavioural social work is that the behaviour is learned and can therefore be unlearned. Cognitive learning theory focuses on this specifically and its engagement with cognitive processes which produce thoughts and feelings (Sheldon, 1995). Behavioural social work allows the service user to modify and change their behaviour through a process of reinforcement, both positive and negative, to produce a likeliness of a wanted behaviour occurring (Watson and West, 2006).

There have been criticisms of this form of social work as it involves deciding what ‘normal’ behaviour is. This may lead to discriminatory and oppressive practice, as a perception of ‘normal’ behaviour can come from a range of sources, such as, personal and professional values (Trevithick, 2000). Another criticism is that the social worker may be seen as having significant power in deciding a future for the service user, which may in turn lead to further problems. To overcome these criticisms for an affective and constructive service for users, social workers have to be aware of empowering skills to help the service user help themselves. Informed consent and active participation is also a significant part of behavioural social work (Watson and West, 2006).

How is Behavioural Social Work Used in Practice?

Some of the reasons a behavioural method was chosen for intervention is because it mainly targets problem solving, and anger management, which are some of the problems faced by the family in the case study.

The first stage of Behavioural Social Work is the process of Assessment. This will begin by identifying the service user’s problem(s) (Howe, 1998). It not only identifies the problem behaviour, but how it manifested to begin with, and what can be done to change it.

The first stage of assessment and intervention is to establish the behaviour to work with (Watson and West, 2006). Within the case study, the problem is the behaviour of Jake who is increasingly violent and aggressive towards his parents and siblings. To establish the intensity and occurrence of his aggression it should be recorded and written down. This will provide clarity and understanding of the nature of the violence, which person(s) are present when he does it and what are the consequences of his behaviour (Watson and West, 2006) The problem behaviour has to be described in terms that are observable and measureable (Howe, 1998). To ensure an accurate documentation of behaviour, partnership should be used with the parents and social worker for empowerment (Watson and West, 2006). A contact either written or verbal can be useful in establishing aims and goals for sessions, and an overall aim for behaviour (Howe, 1998).

Operant conditioning is one of the main theories used in Behavioural Social Work; this is put into practice by the ABC Assessment, which uses the identification of Antecedents, Behaviour and Consequences to help shape wanted behaviour (Hudson and Macdonald, 1998 cited in Watson and West, 2006). The Antecedent – what precedes the behaviour, The Behaviour – in this case aggression and violence, and the Consequence – What happens immediately after the violence i.e Is the behaviour being reinforced? Once all the assessment has been carried out and all the information gathered, the social worker and the service user (parents) must work together to plan a method of intervention which promotes a wanted behaviour, this will be a baseline for intervention (Watson and West, 2006)

The next stage in the process of behavioural intervention is the implementation of the plan to change the unwanted behaviour. For this method to be effective it needs partnership of both parents and the social worker to establish roles, tasks and responsibilities (Howe, 1998). The main task for all involved is to develop appropriate strategies to implement within a certain time frame (Watson and West, 2006), which will enable the social worker to evaluate the process and respond by either changing the strategies or the method implemented. In the case study Jake’s behaviour deteriorated after the new baby was born, so the strategies that could be implemented would involve activities and more contact with his mother, and the rest of the family. Consequences of his bad behaviour should be consistent and happen immediately after an event (Watson and West, 2006). The main aim of Behavioural Intervention and Operant Conditioning is to focus on positive reinforcement rather than punishment, this is to positively change behaviour and motivate Jake to complete goals (Watson and West, 2006).

How Does Behavioural Intervention Meet the Needs of the Service User?

Behavioural Social Work is effective in meeting the needs of the service user as it is specific, simple and structured. It works in partnership with the parents and gives them an understanding into why their son behaves the way he does, and that Jake’s behaviour is the problem and not Jake. Behavioural intervention is also cost effective and doesn’t rely on financial help, therefore can be used immediately to help and support Jake’s parents, as well as Jake’s behaviour. One of the reasons why this method is widely used is because it is time limited; this allows the social worker to assess if the method is effective and if it is not it can be easily altered or changed.

This method is specifically relevant to the case study as Jake’s behaviour is the problem, which has been learned through time. A positive to this is that it can be unlearned with the help of his parents. To avoid oppressive practice this has to be a method that includes Jake, both his parents and the Social Worker. This will ensure empowerment to Jake’s parents; a less likelihood of powerlessness over Jakes behaviour and a more effective outcome.

Some of the negatives of this method if intervention is that it does not tackle the underlying problems to Jake’s violence, but by using skills, values and knowledge the social worker can talk and support Jake to discover other underlying issues.

Challenges working with this service user

Some of the challenges I would face being a social worker for this case is helping Linda and Michael become more involved in changing Jake’s behaviour. There is a new baby in the home and one other sibling besides Jake, and getting time to respond to Jake’s behaviour may be difficult. There is also no other social support outside the home and Linda is very stressed and “at the end of her tether” with Jake, so getting time to spend with Jake alone may also be complicated. Another problem is that Michael is already threatening about having Jake removed from the home as his behaviour is so bad, so Michael’s patience to assess and implement a behavioural intervention may be limited. To resolve these challenges I would have to use skills such as empathy and active listening, as well as appropriate questioning to gain a full awareness of the situation. The next step would be to involve both parents in trying to understand that Jake’s behaviour is a result of learning and can therefore be unlearned in time, to show both parents that I am there to help and support both them and Jake for the sake of the family.

Some personal challenges I would face as the social worker is trying to understand what it must be like to have three children under the age of ten, and being at a crisis point with one of them. To be so stressed that your husband is threatening to put one of your children into care because of his behaviour towards the rest of the family. I can’t help but feel “how could anyone, through choice, want to put their child into care”. Can things get that terrible that some parent’s cannot see any way out rather than this? I couldn’t help but think that Michael is saying this because he is Jake’s step father and not biological father, but then, I do not have children and therefore have never had a child with behavioural difficulties. But I do understand what stress can do to a person, and how it can seem like there is no way out. I must challenge these stereotypical views on Michael and realise he has raised Jake from six years old, and probably knows a lot more about Jake’s behaviour and the family dynamic than I do, as a Social Worker.

Conclusion

A behavioural method for Social Work was chosen for this case study. It enables the social worker and the service user to work in partnership which is fundamental for a behavioural method to succeed. It includes a step by step process with defined roles and responsibilities to alter behaviour. Operant Conditioning is mainly used as its emphasis is reinforcing positive behaviour, but with punishment which should be consistent and applied immediately. Behavioural Intervention provides the Social Worker with a method which can be implemented swiftly, but can also be evaluated after time for its effectiveness. This provides the social worker with the knowledge to alter a method or implement and new one. Values such as anti-oppressive practice and empowerment are vital to implement this method as they provide the service user with choice, roles and responsibilities. By challenging stereotypical views, a social worker can make informed decisions and support the service user effectively. Over all a behavioural intervention is used to alter behaviour, as it is the behaviour that is the problem, not the person.

References:
Howe, D. (1998) An Introduction to Social Work Theory. Ashgate Publishing. Chapter 9
Hudson, B. and Macdonald, G. (1986) Behavioural Social Work: An Introduction. London: Macmillan cited in Watson, D. and West, J. (2006) Social Work Process and Practice. London: Palgrave Macmillan.
Payne, M. (1997) Modern Social Work Theory: A Critical Introduction. London: Palgrave Macmillan
Sheldon, B. (1995) Cognitive Behavioural Therapy: Research, Practice and Philosophy. London: Routledge
Sheldon, B. and Macdonald, G. (2008) A Textbook of Social Work. London: Routledge. Chapter 7
Trevithick, P. (2000) Social Work Skills a Practice Handbook. Buckingham: Open University Press.
Watson, D. and West, J. (2006) Social Work Process and Practice. Palgrave Macmillan
Westen, D. (2001) Psychology: Brain, Behaviour and Culture. Boston: John Wiley and Sons.

Supervision theories and practices began emerging as soon as counsellors started to train other counsellors (Bernard & Goodyear, 2009). Several different theoretical models have developed to clarify and support counselling supervision. The focus of early models of supervision had generally been based on counselling theories (such as Cognitive Behavioural Therapy, Adlerian or client-centred), but these orientation-specific models have begun to be challenged as supervision has many characteristics that are different to counselling. Competency as a counsellor does not automatically translate into competency as a supervisor, and when supervisee/supervisor orientations differ, conflicts may arise (Falender & Safranske, 2004).

More recent models of supervision have integrated theories from psychology and other disciplines, for one-to-one, peer and group supervision. As supervision has become more focused, different types of models emerged, such as developmental models, integrated models, and agency models. As a result, these models have to some extent replaced the original counselling theory models of supervision, and supervisors may utilise several different models to qualify and simplify the complexities of supervision (Powell, 1993). This paper will briefly look at a definition of supervision, and an outline of two different models – agency and developmental.

What is Supervision?

Supervision is the process where by a counsellor can speak to someone who is trained to identify any psychological or behavioural changes in the counsellor that could be due to an inability to cope with issues of one or more clients. A supervisor is also responsible for challenging practices and procedures, developing improved or different techniques, and informing clients of alternative theories and/or new practices, as well as industry changes. The supportive and educative process of supervision is aimed toward assisting supervisees in the application of counselling theory and techniques to client concerns (Bernard & Goodyear, 2009).

The supervisor is responsible for monitoring the mental health of their supervisee, in turn protecting the public from unhealthy counsellors. Counsellors can face issues such as transference and burn out without any recognition of the symptoms. A supervisor should notice the symptoms before the counsellor (Australian Counsellors Association, 2009).

Supervision is a formal arrangement for counsellors to discuss their work regularly with someone who is experienced in counselling and supervision. The task is to work together to ensure and develop the efficiency of the counsellor/client relationship, maintain adequate standards of counselling and a method of consultancy to widen the horizons of an experienced practitioner (ACA, 2009).

The supervisor’s primary role is to ensure that their clients are receiving appropriate therapeutic counselling. By ensuring the counsellor continually develops their professional practice in all areas, the supervisor ensures a counsellor remains psychologically healthy. The supervisor is also responsible for detecting any symptoms of burn out, transference or hidden agendas in the supervisee. The Australian Counsellors Association (2009) recommends that supervisors cover the following as a matter of course:

Evaluation
Supervisee’s counselling;
Developing process of self-review;
Quality assurance;
Best practice;
Service outcomes of service delivery;
Identifying risk for supervisee and clients;
Referrals;
Follow up on client progress;
Helping the counsellor assess strengths and weaknesses.
Education
Establishing clear goals for further sessions;
Providing resources;
Modelling;
Explaining the rationale behind a suggested intervention and visa versa;
Professional development;
Interpreting significant events in the therapy session;
Convergent and divergent thinking;
Use of self;
Topping up;
Facilitating peer connection;
Duty of care;
Legal responsibilities.
Administration
Procedures;
Paperwork;
Links;
Accounting;
Case planning;
Record keeping;
Insurance.
Support
Advocate;
Challenge;
Confront;
Empower;
Affirm;
Availability;
Empowering;
Use of self.

A range of different models have evolved to provide a framework for these topics within which supervisors of can organize their approaches to supervision, and act as an aid to understanding reality (Powell, 1993).

Agency Model of Supervision – Kadushin

Kadushin describes a supervisor as someone “to whom authority is delegated to direct, coordinate, enhance, and evaluate on-the-job performance of the supervisees for whose work he/she is held accountable. In implementing this responsibility, the supervisor performs administrative, educational, and supportive functions in interaction with the supervisee in the context of a positive relationship” (Powell, 1993).

In educational supervision the primary issue for Kadushin is the counsellor knowing how to perform their job well and to be accountable for work performed, and developing skills through learning and feedback. The object is to increase understanding and improve skill levels by encouraging reflection on, and exploration of the work (Tsui, 2005).

In supportive supervision the primary issue is counsellor morale and job satisfaction, as well as dealing with stress. The stresses and pressures of the coaching role can affect work performance and take its toll psychologically and physically. In extreme and prolonged situations these may ultimately lead to burnout. The supervisor’s role is to help the counsellor manage that stress more effectively and provide re-assurance and emotional support (Tsui, 2005).

The administrative function is the promotion and maintenance of good standards of work and adherence to organisational policies and good practice. This includes reviews and assessments. The interpretation here is that the supervisor inducts the counsellor into the norms, values and best practices. It is the ‘community of practice’ dimension ensuring that standards are maintained (Tsui, 2005.

Not every supervision session will involve all three areas or functions, and at different times there may be more of a focus on one area rather than another.

The supervisor cannot avoid the pressure that arises from their responsibility to the workplace, other staff, and to clients. No simple model of supervision is to be expected to be practical in every situation. Supervisors are expected to adapt approaches to the developmental level of supervisees, and both must adapt to the varying demands of any professional situation (Powell, 1993).

For this model, the focus of supervision is as a prompt for behavioural change and skill acquisition. The emphasis is on persuading staff to learn “how to use oneself in counselling to promote behavioural change in the client” (Powell, 1993).

The supervisor’s attention should be on the activities of the supervisee rather than on study of the supervisee themselves. With a focus on the activity, rather than the worker, it allows the supervisee to listen to constructive criticism rather than feeling compelled to defend themselves from a personal attack (Tsui, 2005).

This model has several strengths in that it is very flexible, and open to exploration and experimentation. It is also more challenging for both the supervisor and supervisee. This style of supervision can be tailored to meet different needs and variables. This model may prove unsatisfactory when the supervisor has insufficient experience to be able to provide proper direction and support, and where supervisor skills do not allow for appropriate evaluation of the supervisee (Powell, 1993).

Developmental Models of Supervision – Erskine

Underlying developmental models of supervision is the notion that as people and counsellors we are continuously growing and maturing; like all people we develop over time, and this development and is a process with stages or phases that are predictable. In general, developmental models of supervision define progressive stages of supervisee development from novice to expert, each stage consisting of discrete characteristics and skills (Bradley & Ladany, 2000).

For example, supervisees at the beginning or novice stage would be expected to have limited skills and lack confidence as counsellors, while middle stage supervisees might have more skill and confidence and have conflicting feelings about perceived independence/dependence on the supervisor. A supervisee in a later developmental stage is expected to employ good problem-solving skills and be reflective about the counselling and supervisory process (Haynes, Corey, & Moulton, 2003).

Erskine (1982) identifies three stages in the development of the skills of a therapist, each of which represents specific characteristics and responds to specific training needs. In the beginning stage of training, therapists have operational needs as they are developing professional skills, a sound theoretical reference system, and intervention techniques. They also have emotional needs: to feel comfortable in their professional role, to be reassured of their ability to do the work, and to feel adequate to act in this new undertaking.

This is the stage at which trainees most need positive motivations centred on their skills so that they can know their strengths and on which they can build their skills. Erskine (1982) suggests temporarily ignoring what the trainee does not do well so as to reduce any feelings of inadequacy and to support self esteem, provided this does not cause harm to the trainee or clients.

During the intermediate stage of training, Erskine proposes that trainees need to reinforce their personal identity as therapists, learn to define the direction of treatment, and draw up a treatment plan. At the personal level, their goal is to integrate their sense of self and to work on their emotions in order to understand and solve any personal difficulties that might create obstacles to their contact with clients. According to Erskine, in this second phase, trainees’ personal therapy is of highest importance (Bradley & Ladany, 2000).

During the advanced stage of training, trainees need to learn various approaches and to integrate theoretical frameworks, to recognise alternative interventions, and to choose among them so as to encourage flexibility. Trainees must also practise self-supervision and learn to differentiate between observations of behaviour, and theorising about observations (Stoltenberg & Delworth, 1987).

One of the potential drawbacks of developmental models is that not only do people learn in different ways but they also develop at diverse speeds, in varied areas. The development model does not show how the supervisee develops and moves from one stage to the next, and how this progress is connected to the supervision process (Bradley & Ladany, 2000).

For this model, it is necessary to modify the relationship to meet the supervisee’s needs based on their current developmental level. Supervisors employing a development approach to supervision need to be able to accurately identify the supervisee’s current stage of development and provide feedback and support appropriate to that developmental stage, while at the same time assisting the supervisee’s advancement to the next stage (Stoltenberg & Delworth, 1987)

Commonalities

Regardless of the model used or theoretical background, any model or theory of supervision should cover some common fundamental principles. Supervisors are responsible for the professional developmental of those under supervision. These responsibilities involve issues such as informed consent, confidentiality, and dual relationships (ACA, 2009).

Ethical and legal concerns are central to supervision. The balance between a supervisory relationship and a therapeutic one only becomes a problem when the supervisor discovers that personal problems hold back the supervisee. The supervisory relationship becomes a dual relationship if the supervisor tries to become the student’s therapist. A dual relationship is considered unethical (Powell, 1993).

Dual relationships can occur in different ways. A supervisory relationship can develop into a close, emotional relationship between supervisor and supervisee. The supervisory relationship will in this situation be less effective and supervision should not continue. In consensual relationships the emotional relationship can continue; however, the professional relationship has to end. The supervisory relationship needs to be governed by the same ethical principle as is the therapeutic process (Powell, 1993).

Different ways of evaluating the supervisory process are important both for the supervisor and the supervisee. Establishing a contract for the supervisory relationship makes evaluation easier. The contract should include the student’s developmental needs, the supervisor’s competencies, and supervisory goals and methods (Stoltenberg & Delworth, 1987).

Throughout the supervision process, the supervisor is responsible for evaluating the quality of the supervisory relationship (Powell, 1993). This responsibility especially comes to bear when a conflict arises or an impasse develops. Investigating problems and challenges often begins with asking questions about various aspects of the supervisory relationship. When asking these questions, it is important to consider not only how the counsellor may be contributing to a problem but also how the supervisor may be contributing.

The supervisor has a responsibility to ensure that confidentiality is maintained, and any information obtained in a clinical or consulting relationship is discussed only for professional purposes and only with persons clearly concerned with the case (ACA, 2009).

Conclusion

Supervision is not a senior counsellor watching over the shoulder of a new or junior counsellor. Nor is it a conversation between two practitioners, or a dialogue of personal matters with a counsellor. It is a distinct intervention, to enhance professional functioning and monitor the quality of counselling services being provided (Bernard & Goodyear, 2009).

Clinical supervision is a complex activity; it can be education or support, assists with confidence or doubts, it can process through different levels or stages. “The competent clinical supervisor must embrace not only the domain of psychological science, but also the domains of client service and trainee development. The competent supervisor must not only comprehend how these various knowledge bases are connected, but also apply them to the individual case” (Bradley & Ladany, 2000). The purpose is to help identify obstacles that prevent the supervisee from learning, growing and ultimately helping their client.

No matter what theoretical framework is used, supervision can be used as a means to develop professionally. Like any other relationship in life it is not perfect, nor is it an answer to every problem. Like any other relationship, it is necessary to be honest, consistent, and dependable, and work hard to build trust. Supervisors and supervisees have to work together to make it successful.

Powell (1993) theorised that the emphasis should not be on why a counsellor feels a certain way, but on being able to put a end to behaviours that inhibit change. Powell advises professionals to develop their own model of supervision in order to understand what one is doing and why.

Whatever model of supervision if employed, a supervisor should seek to encourage ongoing professional education, challenge the supervisee to improve their skills and techniques

A supervisor should intervene where client welfare is at risk, and ensure that ethical guidelines and professional standards are maintained.

A supervisee should endeavour to uphold ethical guidelines and professional standards, be open to change and alternative methods of practice, maintain a commitment to continuing education and consult the supervisor in cases of emergency.

Supervision, regardless of any model used, should enable counsellors to acquire new professional and personal insights through their own experiences.

REFERENCES

Australian Counsellors Association (2009). Professional Supervision. Accessed 2nd February 2010.

http://www.theaca.net.au/docs/Supervision_Complete.pdf

Bernard, J. M., & Goodyear, R. K. (2009). Fundamentals of clinical supervision (4th ed.). Needham Heights, MA: Allyn & Bacon.

Bradley, L.J., & Ladany, N. (2000). Counsellor Supervision: Principles, Process and Practice. Philadelphia, PA: Brunner-Routlege.

Erskine, R. G. (1982). Supervision for psychotherapy: Models for professional development. Transactional Analysis Journal, 12, 314-321.

Falender, C. A., & Shafranske, E. P. (2004). Clinical supervision: A competency-based approach. Washington, DC: American Psychological Association.

Haynes, R., Corey, G., & Moulton, P. (2003). Clinical supervision in the helping professions: A practical guide. Pacific Grove, CA: Brooks/Cole.

Powell, D. (1993). A developmental approach to supervision. In Clinical supervision in alcohol and drug abuse counselling. (p. 58-84). New York, NY: Lexington Books.

Stoltenberg, C. D., & Delworth, U. (1987). Supervising counsellors and therapists. San Francisco, CA: Jossey-Bass.

Tsui, Ming-Sum (2005). Social work supervision: contexts and concepts. Thousand Oaks, CA: Sage Publications.

The term ‘modern Welfare State’ comes from the Beveridge report of 1941. The words represent that Government provides a minimum level of taxed welfare support for citizens in need. Beveridge and his five giants showed a greater need for an active role by Government in the welfare of its citizens through better housing, education, benefits for the unemployed and an accessible National Health Service. The foundations of this started mainly with the Liberal Reforms of 1906 – 1914 but this can even go back to the 1601 poor law.

The 1601 poor law had control over the poor with very little interference from Government, as it was locally administered by the parish overseers (P. Spicker 2008) but still required the Church to assist. In 1834 the poor law was changed by Earl Grey (Spartacus Schoolnet); workhouses were introduced which meant no able bodied person would receive money or help from the poor law authorities (M. Bloy 2002). Other changes happened to this law; children would get schooling and be clothed and fed while in the workhouse. However, some people spoke out against the workhouses and called them ‘prisons for the poor’. Seebohm Rowntree did a study in 1901 and found a number of people living in poverty even though they were working, their wages were below the poverty line and they were struggling to survive (R. Ensor 1980).

This led to the Liberal Reforms of 1906-1914, with the introduction of free school meals in 1906 and medical inspections in 1907 paid for by the State, but the treatment was largely unaffordable and relied on the charity of others. This was the start of new ideas in the Social Service State and Liberals made sweeping changes in their reforms; the elderly received an old age pension in 1908 and the sick would be paid whilst being unable to work through the National insurance Act of 1911. Unemployed people did not have to wander the country looking for work with the new labour exchanges set up in 1909, which meant employers could advertise jobs in one place, much like the Job Centres of today.

Even with all the laws to help the poor, it still required a lot of help from other sectors (pluralism); the Church still played a major role in providing housing, food and clothing; charities still had to ask the rich to help. Even the poor had to help by sharing what little they had. Families united and pulled together to survive and this built a community spirit. The State didn’t want the poor to rely on State help alone.

This is the foundation of the modern Welfare State today. The NHS (established in 1948) still relies on outside resources, with charities like St John’s Ambulance helping provide front line assistance and organisations such as BUPA taking some of the pressure off the service from those who can pay.

Housing for the poor is now mostly run through charitable associations in most areas and the Welfare State relies on voluntary organisations like Salvation Army and Barnardos to help with problems in society. This partnership with state, church, private business, voluntary organisations and charities has created a safety net for the poor in which children and adults have protection from poverty, abuse, hunger; giving them security and care in times of desperation.

Task 2: Explain the contents and evaluate the purpose of the 1834 Poor Law. (540 words not including titles)

The 1601 Poor Law had controlled the actions of the poor; making it very difficult for the poor to travel the country begging for food and shelter and helping stop associated anti-social behaviour. The poor could only get aid from charities and the local tax payers from their place of birth.

This was costing more every year and the middle and upper classes that were paying through taxes, started to think they were paying for the lazy and those who would not help themselves to find work and better their lives. Charles Grey (2nd Earl Grey) was prime minister at this time and had been making sweeping reforms throughout Government; he set up a poor law commission to examine the poor law. The commission felt that to relieve poverty, the poor had to help themselves. As a result of this the 1834 poor law amendment act was passed.

This new act made it so the poor were only able to receive any aid if they entered a poor house. All the parishes of the previous 1601 law now had to group together and set up poor law unions. This gave greater control over the poor and even on the cost to the Government and local tax payers; this was called indoor relief as opposed to outdoor relief. Outdoor relief tried to get the poor to look for work themselves and made those who were lazy and avoided work less eligible for help, with the hope that the fear of the poor house would be a deterrent and make them find work. These places were unforgiving; you would have to work hard to receive any state or charity help. The masters and matrons were harsh and there to be a visible deterrent; conditions hit the papers of half starved inmates even eating the rotting flesh from bones at the Andover workhouse (September 1845; The Times). Parliament had to do something and created a select committee in 1846 and with the result of its findings the poor law commission was abolished in 1847.

The poor law act of 1834 was intended to be the solution to pauperism and believed the moral character of the working man would be his own saviour. This was shown not to be the case. The Government had to make improvements to this law after anti-poor law propaganda in its early years, to social unrest and riots in Bradford in 1837 where troops had to control the Chartism threat (the people’s charter). These revolts made way for changes to improved conditions for the working populations, such that the threat of the workhouse could be avoided through better sanitisation and clean water to counter sickness. Medical Officers were also introduced in 1871 to control public health issues. The state would provide schooling for 5-10 year olds from 1870 – 1880 to educate the poor to better themselves and Hospitals were slowly being made available for the most needy, to aid those in the population on low wages. The amendment of 1834 did go some way to improving the poor’s conditions, but it would not be until a number of years later that the Government chose not to control the poor by harsh measures but by working in partnership with them.

Task 3: Outline some of the Liberal Reforms and evaluate their contribution to welfare policy (791 words not including titles)

In Manchester 1899, out of 12,000 men offering to fight in the South African war, 8,000 were rejected on grounds such as malnutrition and illness. This led Charles Booth and Seebohm Rowntree to undertake studies of the state of poverty in Britain between 1901 and 1902. Rowntree found that the number of people in York found to be in ‘primary’ poverty, was 15.45 percent of the wage earning class. Investigations by AL Rowley and AR Burnet found that working class areas throughout England showed much the same (R. Esnor ‘England’). This came from low paid jobs in society which made them have a very low standard of living.

The Liberals took power in 1906 under Sir Henry Bannerman with a huge majority. They had not promised to bring poor law reforms, but were influenced by Rowntree and Booths’ reports which showed the laissez faire solution was not working in Britain.

In 1906 the Liberals started to reform the poor law starting with the (1906) Education Act; this meant free school meals for the poorest families, making sure a child would receive one healthy meal a day. This was a great success as it encouraged parents to make sure their child went to school and keep them off the streets, but some local councils did not follow it up as it meant they would have to increase local taxes. Some councils did not want to move forward with new reforms for the poorest in society (National Archives).

Liberals took this act further with the introduction of compulsory school medical inspections in 1907; these ensured children would be healthy but the downfall meant if the child needed treatment, they would still have to pay. The poorest of families would not have been able to afford this and would have had to go to charities for help. This changed in 1912 with the introduction of School Clinics; by this time the Government had introduced the new Children’s Act of 1909 which protected children from persecution / neglect from the family or their environment.

The Liberals also helped the old with the introduction of a Pension Act in 1908 for those aged 70; they would receive 5 shillings a week and if married, 7 shillings 6d. This took away the affects of the workhouse for the elderly and protected them to a certain extent from working themselves to an early death, whilst taking away the pressure placed on poor families to look after an elderly family member. This would be funded by general taxation and had many critics. Many believed that the elderly had wasted money throughout their youth (National Archives) and now it would be down to the middle to wealthy classes to pay for their old age. To qualify people had to live in Britain for twenty years. Criminals and those felt to be idle did not receive any pension. They would still have to find work or enter the workhouse. This seemed fair as if you contributed to taxes you would be entitled to the pension; if not then you would be looking for the charity of others or the workhouse.

Under Lloyd George the National Insurance Act of 1911 (Part 1 Health) would protect the sick if they became ill whilst working and help them and their family avoid ending up in the workhouse or in poverty. The worker would contribute 4d into the scheme while the employer would add another 3d, while Government added another 2d; this would give the worker 9d for only paying 4d. If the worker became ill, he would receive 10 shillings per week for up to 26 weeks and after that if he still was injured, 5 shillings disability pension. This scheme relied on the worker to protect himself from possible sickness / injury and built a structured work ethic for the working classes with a safety net if required; this is what Lloyd George hoped.

The National Insurance Act of 1912 then came in to protect those who worked in jobs that lasted for short periods, like ship builders and construction workers. They paid into the scheme and could claim 7 shillings for 15 weeks whilst out of work until they either went back to their previous job or found another job. This was made easier with the set up of the Labour Exchanges in 1909, where employers could advertise positions of work in a designated place to save time for the jobseeker travelling from area to area. By 1910 eighty three exchanges had been set up. This system can still be seen today with the local Job Centres helping skilled and unskilled workers find employment to keep the costs of welfare to a minimum and ensure no-one had the option to be idle.

Task 4: Describe and discuss Beveridge’s 5 giant evils and outline the key points of the Beveridge report and evaluate their significance. (1,274 words not including titles)

William Henry Beveridge (1st Baron Beveridge 1879 – 1963) studied law in Oxford and became interested in the social service state while writing for the Morning Post Newspaper. Under a Liberal Government of 1906 – 1914 he became a prominent member of Lloyd George’s pensions and National Insurance scheme and was also involved in setting up labour exchanges throughout the country. After his book called ‘Unemployment’ (1909), he altered expert opinion from one where low wages were seen as the cause of poverty, to one where people only being casually employed and not working all the time, meant they were unable to get themselves out of poverty.

At the time of the Second World War, Beveridge was asked by the coalition Government to commission a report of how to rebuild after the war. Beveridge published his findings in 1942, but the words ‘welfare state’ actually entered print in the early part of the war in 1941. In December 1942, the BBC broadcast to Nazi occupied Europe that ‘Britain is grappling with its social problems through Beveridge’s proposals, even through war’. This could have been seen as propaganda.

As part of his report, Beveridge identified 5 giant evils that caused poverty. They were:

Want. He identified that people lacked the security of an income, which in turn left them short of funds to live off. These were usually unemployed, sick, old or widowed and possibly unable to work through no fault of their own. To counter this problem, Beveridge created a means tested benefit system that would give the poorest people a safety net in times of crisis. This would be paid for by a compulsory flat rate National Insurance Scheme paid by the employee and employer. It would use the Rowntree calculations of basic needs to tackle poverty (Thane 1982).

Beveridge also suggested that social insurance schemes like child benefit became universal and not means tested as this would help with the extra costs of having children preventing them becoming a burden to the family.

Disease. Beveridge felt that better provision of non means tested health care by state funding should be comprehensive and available to everyone. This would improve the nation’s health and make people more able to get back into work and less dependent on the welfare system.

Ignorance. This would be dealt with by a universal and compulsory state education system, particularly through provision of state funding with everyone able to have secondary education. This would improve the chances of the country, giving a better future for all.

Squalor. Better housing and social environment improvements would provide subsistence and help the country become united for future prosperity, with the development of affordable homes as council houses for rent. This would also make jobs for the nation before and after the war through a building program.

Idleness. Beveridge did not want what happened in the 1930s (mass unemployment) to be repeated again. This increased poverty and made some people become idle and brought back the problems of anti-social behaviour. He wanted more involvement from Government to create jobs and building programs to get the country to work, which would be self generating for prosperity.

Beveridge’s report covered these 5 giant evils and aimed to address them. He proposed that the welfare state should focus on key points of; being comprehensive, universal for all, non means tested, compulsory for everyone, and funded through insurance type payments. The key points of his report guided changes in Government legislation in the following years, with huge significance for the country.

Under Churchill, the Government moved on the Beveridge report with the undertaking of the Town and Country Planning Act (1943). The country needed to be rebuilt and this would go some way towards removing Squalor, but it wasn’t until 1946 until most of Beveridge’s ideas of tackling this problem were undertaken by a Labour Government under Clement Attlee. Between 1946 and 1949, Housing Acts gave financial support to local authorities for rebuilding after the war. Between 1945 and 1951 1.25 million new council affordable homes were constructed. A Rent Control Act also came in in 1946 which would stop landlords increasing rents or providing shoddy housing; it also gave tenants the right to inform on unscrupulous landlords. Under this Act the councils could build new towns in the country and in 1949 Countryside Act, people had the right to roam, which in turn kept them fit and healthy.

At much the same time, the Education Act (1944) was passed. This Act raised the school leaving age to 15 which later increased to 16. This could not be put into place as the Conservative Government had no way of funding it. When Labour came into power in 1947 the Act was passed and paid for by the state. This was a time of change and Labour started a nationalisation program to bring the country more in line with socialist ideas, being able to bring profits by other means than taxing heavily and creating a fairer society. In 1948 they introduced the Employment and Training Act which would tackle two of Beveridge’s problems, Idleness and Ignorance, making people go into work schemes, creating a skilled workforce for a better future. This was aimed at areas such as South Wales and the North East where there was high unemployment. This would make people feel part of the new ideas and make it hard for them to expect handouts.

In 1945 the family allowance came into effect. This meant all those who had children would receive help from the state; this would be a universal benefit which would not be means tested which would make everyone feel it was comprehensive for all.

In 1946 the National Insurance Act tackled the problems of the poor and Beveridge’s evil of Want. If someone became unemployed they would receive benefits to provide a minimum standard of living; this was also available to pregnant women and helped to fund old aged pensions. This also covered the sick and provided a comprehensive policy to solve the social problems from the cradle to the grave. To protect people from injuries at work, another act came into force, the Industrial Injuries Act (1946) which made employers take more care of the workers so they didn’t claim compensation. In 1948 the National Assistance Act protected the poorest in society and this was the final nail that abolished the poor law. To fund this, everyone working and employers would pay into the scheme; this was compulsory and universal for all.

The jewel in the crown for a more fair society in tackling Disease was the 1946 National Health Service. This provided free comprehensive health care, universal and regardless of means. This was put into place by Aneurin Bevan in 1948 under Labour. By 1949 187 million people had received prescriptions and another 8.5 million had free dental care which was very expensive for the country. By 1951 some services had to be paid for by its users to help fund the NHS but in general it still provided free health care for all while, in most cases, not being means tested.

Beveridge’s ideas had now been introduced into society, with many changes since their introduction, but in general they accomplished their aims. They would provide a comprehensive package to all from cradle to grave. Benefits would be universal, regardless of means. They would be funded by the people for the people by insurance based payments. It would be compulsory for all to pay a flat rate payment and would provide subsistence to those living below the poverty line. Even those who were above this line would receive universal non-means tested benefits.

References:

Spicker, P (Unknown): UK Social Policy: Available. An Introduction to Social Policy; www.rgu.ac.uk/publicpolicy ; Last accessed 14/10/2010

Bloy, M (2002): Workhouses and the Poor Law: Available. The Victorian Web; www.victorianweb.org; Last accessed 14/10/2010

Driver, F (1993): Power and Pauperism: Available. Spartacus Schoolnet; www.spartacus.schoolnet.co.uk/Lpoor1834.htm ; Accessed 14/10/2010

Sutton Pocket Histories: Class Handout Social Welfare 2010

Ensor, R (1980): England 1870 – 1914: Book Club Associates London; chapter 14; p 515