Case Study 1:

Gary (47) has a history of depression and homelessness. He was detained two weeks ago under s2 Mental Health Act 1983 as he was picked up by police in very clear distress and they were concerned that he might pose a danger to himself. He has responded well to support within the in-patient unit and is in agreement to continue to receive support through outpatient/ community based therapy. His responsible clinician does not believe it is necessary for him to remain in hospital and is hoping to discharge him in the next 2 weeks.

His nearest relative is his mother, Geraldine (71) she has objected to him being detained under s3 Mental Health Act 1983 as she states ‘he only needs me and anyway I need him to look after me’. She has suggested he should be discharge to her home, he is already registered with her local GP and was previously under the care of the community mental health team in her area. The local Authority’s Adult Social Care department have been providing her with a care package to meet her personal care, toileting and nutritional needs. They have raised concerns that, in the past, Gary has been abusive to staff supporting his mother and are concerned that he may pose a risk of domestic abuse if, as has happened frequently, he ceased to comply with his treatment and his mental health deteriorates.

Please set out the key legal obligations any multi-agency care plan will need to address to protect Gary and Geraldine and promote their wellbeing.

Case Study 2 :

Helen (24) has 3 children, the youngest of which was born 4 months ago and, save for the statutory visits immediately after the birth and one subsequent visit to the health visitor for the 6 weeks check no professionals has seen the baby. Recently the father of the older two siblings rang social care concerned that the child was no longer living at the family home and informed children services that Helen had informed him that the baby’s father now had sole care of the baby.

He only knew the father’s first name, ‘Harry’ but didn’t think he had been in touch with Helen for most of the pregnancy or since. He is also concerned that Helen is not caring effectively for the older children and asks children services to assess as he wishes to get ‘custody’.

What actions should the local authority take?

Look at safeguarding functions (important to investigate because prevention is a key in safeguarding), Children Act 1989, Human Rights and welfare of the child, why statutory visits are carried out?

Risk of abuse, Father wishes to get custody, why? What are other functions of social care practitioners and how can action can local authority take?

Include role ad duty of social workers and Local authority (use evidence from legislations and statutory services)

Back up statements with case law (important to include evidence) and how previous cases can give am insight as to how to deal with such a scenario.

Safeguarding concern will include all the other children too

Children and family court advisory services

Role of guardians

Key provisions of Children Act 2004

Roles and responsibilities

What can be done (action)?

Speak with children’s school (insight on the well-being)

GP (Any concerns with Helens health and the child)

Hospital visits

Including other services

Sources

-Working together to safeguard children (source)

-Wilson Browne Solicitor’s Protecting Children (lay out the process) (source)

– Include other SOURCES that are relevant

– what support can be provided to promote well-being of the children (find sources)

Case law

R(G) v Nottingham City Council (2008) EWHC 400

How it relates to the case (use similar cases to find reasons for action

Children

Does it fit in the Graded care profile?

• Intervention if it necessary and proportionate
• Safeguarding
• Maintaining wellbeing
• Duties and authority
• If there is an area for concern under public law, we can challenge this,
• Does the individual understand this, and do they have capacity? (have to assume they do)
• How does social care fall into this?
• Understanding the level of need (there is an appearance of need)
• Utilise statutory formats so that the intervention is not ignored