The Lady in the Van

The Lady in the Van

1. The Mental Capacity Act 2005

   • Section 1- The Principles in Practice: Miss Shepherd has the right to make her own decisions unless she lacks capacity. We would not be able to determine this unless she underwent an assessment.
   • Section 2- Assessing and Maximising Capacity: Miss Shepherd would be assessed using MCA processes, where it would be found she did or did not have capacity, therefore further decisions either would or would not need to be made.

2. BIBLIOGRAPHY

   • (1) Dasiy Bogg Consultancies, 2015 'Section 2: Assessing & Maximising Capacity' Accessed on: 27/03/2018 Available at: http://mentalcapacityresources.co.uk/section-2-assessing--maximising.html (2) Protecting the right to respect for private and family life under the European Convention on Human Rights, Ivana Roagna, 2012, Part 1, "What is Home?", Page 30. Accessed on: 26/03/2018 Available at: https://www.echr.coe.int/LibraryDocs/Roagna2012_EN.pdf (3) Equality and Human Rights Commission, 'The Human Rights Act', Jan 2018, Accessed on: 24/03/2018 AVailable at:https://www.equalityhumanrights.com/en/human-rights/human-rights-act (4) Human Rights Act 2014, section 68, 'Safeguarding enquiries and reviews', GOV.UK, Accessed on:27/03/2018, Available at: http://www.legislation.gov.uk/ukpga/2014/23/section/68/enacted (5) Ruch, 2005, 'Relationship-based Practice', Page 1, Accessed on: 23/03/2018, Available at: www.open.edu/openlearncreate/pluginfile.php/128980/mod_resource/content/1/Relationship%2
     • (6) Schwelper 'Four Social Work Practice Models', 2017, Brian England, Accessed on: 27/03/2018, Available at: https://www.socialworkhelper.com/2017/01/31/four-social-work-practice-models/ (7) Marchant, 2015, 'the care act 2014 summary', Accessed on: 05/03/2018, Available at: https://www.bevanbrittan.com/insights/articles/2015/thecareact2014promotingwellbeing-safeguardingvulnerableadultsandfunding/ (8) Disibility Nottinghamshire, 'social v medical models', 2017, Accesse on:05/04/2018, Available at: http://www.disabilitynottinghamshire.org.uk/about/social-model-vs-medical-model-of-disability/

3. Human Rights Act 1998

   • Article 3- Freedom from torture and inhuman or degrading treatment: Local authority’s obligation to protect Miss Shepherd's right to life and the right not to be treated in an inhuman or degrading way.
     • Any 'complaints' from street residents regrading Miss Shepherd would need to be considered as genuine or as degrading treatment.
   • Article 8-Respect for your Private and Family Life: The public authorities should not stop Miss Shepherd entering or living in her home (van) without very good reason, and they should not enter without her permission.
     • In order to ascertain whether a certain living place can be regarded as “home” in Convention terms the specific circumstances of the case will have to be put under scrutiny, Roagna (2012).
       • Tensions may occur between personalisation and the Human Rights Act if the care/support is not what Miss Shepherd wants. this wouldnt be personalising her needs if she doesn't want the support in the first place.
   • Article 9-Freedom of thought, belief and religion: Miss Shepherd has the right to wear religious clothing, the right to talk about her beliefs or take part in religious worship, however this must not conflict with issues protecting her own health.
   • Article 10-Freedom of Expressions: This protects Miss Shepherd's right to hold her own opinions and to express them freely without government interference.
     • This includes the right to express her own opinions freely, even through works of art. Changing the colour of her van could be an example of this, the van is personal to her and if painting it yellow comforts Miss Shepherd it allows her to express her personal preferences.

4. Appropriate Theories, Approaches and Models

   • Social Pedagogy: Challenging social pedagogy in regards to Miss Shepherd requires that we also tackle or prevent social problems and inequality.
     • It aims to create the conditions in which each person can grow and become both more independence and integrated into the community. Challenging the discriminatory opinons and behvaiours of Miss Shepherds neighbors would tackle this issue and allow Miss Shepherd to live as she wants to.
   • Solution Focused Practice: This is a positive, creative, respectful and effective way of helping people and organisations to make changes in their lives. Miss Shepherd would benefit from seeking solutions in areas such as gaining employment, and seeking permanent residence, becoming more of a 'citizen' in the area.
   • Narrative Approach: The narrative approach to social work involves helping clients to talk about their problems as if they were a story.
     • This would help Miss Shepherd view any of her problems as external to herself, rather than some intrinsic part of her. It also helps her see how the problem affects her life daily and work towards a personal plan for future development.
   • Strength Based Approach: Working in a way that promotes Miss Shepherd's strengths rather than focusing on negatives in her life. Promoting her individuality and aiding empowerment.
     • Emphasising Miss Shpherds self determination and strengths will promote her resourcefulness and resilience when faced with the challenges of her daily life, and highlight self control.
   • Relationship Based Practice: Relationship-based practice is founded on the idea that human relationships are of paramount importance and should be at the heart of all good social work practice.
     • Miss Shepherd may struggle with creating new relationships, however working towards this within practice would open many doors for her in regards to better housing, social and education opportunities.
   • Maslows Hierarchy of Needs 1943: From the 5 Stage Pyramid Miss Shepherd does not even reach the second tier, she does not have any property, security or employement therefore her safety needs are not being met.

5. The Care Act

   • Section 1-Promoting individual well-being: This includes control by Miss Shepherd over day-to-day life (including over care and support, or support, provided to the individual and the way in which it is provide IF she were to want it.
   • Section 42- Safeguarding Enquiry: The Local Authority must make enquiries if if it believes Miss Shepherd is experiencing, or is at risk of, abuse or neglect.
     • This enquiry should establish whether any action needs to be taken to prevent or stop abuse or neglect, and if so, by whom. If Miss Shepherd lives in a van with no access to bathroom facilities this could suggest self neglect could be present.
   • Section 68- Safeguarding Enquiries and Reviews: If Miss Shepherd were to have a section 42 enquiry carried out she would have the right to have the LA arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support her case if she does not have capacity to understad retain and weigh up the information for herself.
   • Principles of the Care Act: Empowerment. Protection. Prevention. Proportionality. Partnership. Accountability.
     • The principles aim to emphasise that everyone in care is a human being with wants and needs. They define how important it is/would be to involve Miss Shepherd in the process of assessing her safeguarding needs.
   • Section 43- Safeguarding Adults Boards: A statutory obligation has now been imposed on local authorities to set up a Safeguarding Adults Board ('SAB') for its area.
     • For Miss Shepherd this would mean local safeguarding arrangements and partners act to help and protect adults such as herself in the area who have needs for care and support and are experiencing, or is at risk of experiencing abuse or neglect.
   • Section 44- Safeguarding Adults Reviews:SABs are therefore required to conduct a Safeguarding Adults Review into certain cases in certain circumstances. An SAB is required to arrange a review where there is reasonable cause for concern about how the SAB members involved in the case worked together, and either the adult has died and the SAB knows or suspects that the death resulted from abuse or neglect OR the adult is still alive and the SAB knows or suspects that the adult has experienced serious abuse or neglect.
     • If Miss Shepherds health and wellbeing were to decline after service invovement a section 44 review would be needed to see why, when and how the decline happened and if anything more can be done moving forward.

6. Housing (Homeless Persons Act) 1997: This made Local Authorities responsible for the long term rehousing of some groups of homeless people. Priority need consists of : Individuals with children, vulnerable adults and those who have been involved in an emergency eg. house fire, Miss Shepherd may fall under the vulnerable adults section upon assessment.

   • If you live in a caravan or mobile home, you're considered homeless if there is nowhere you are allowed to park and live in it, Miss Shephered currently resides on the driveway of Mr Bennett, Miss Shepherd could still ask the LA for help with housing.

7. Medical V Social Model

   • Social Model: The social model of disability says that disability is caused by the way society is organised, rather than by a person's impairment or difference.
     • For Miss Shepherd the social worker would look at ways of removing barriers that restrict her life choices in regards to any disibilty or difference she may have.
       • Disabled people developed the social model of disability because the traditional medical model did not explain their personal experience of disability or help to develop more inclusive ways of living. For Miss Shephered this would help ease barriers to personalisation and allow her to create her own future with help from professionals.
   • Medical Model: The medical model of disability says people are disabled by their impairments or differences.
     • Under the medical model, Miss Shepherds impairments or differences would be ‘fixed’ or changed by medical and other treatments, even when the impairment or difference does not cause her pain or illness.
       • The medical model looks at what is ‘wrong’ with the person and not what the person needs. It creates low expectations and leads to people losing independence, choice and control in their own lives, this is not good practice as there is no perosnalisation for Miss Shephered.

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