Assessment of a Pregnant Lesbian in Housing Crisis: Ethical, Legal, and Practice Considerations

Kelly (27) is 24 weeks pregnant, she is a lesbian, and is currently living in a one bedroom privately rented flat with her daughter (Bethany, aged 9). Her landlord has instigated eviction proceedings due to Kelly’s antisocial behaviour towards her neighbours and failure to pay her rent for the past six months.

Kelly punched her next door neighbour Elaine in the face after Elaine asked her to turn her music down. The Police attended Kelly’s flat and found Kelly to be heavily under the influence of alcohol whilst caring for Bethany.

Kelly was arrested and taken into police custody for common assault against Elaine. She was charged and taken to her local Magistrates Court the next day, she was sentenced to a 12 month Community Order and now has a Probation Officer.

When Kelly was taken into police custody, Bethany’s father (Daniel, 33) collected Bethany from Kelly’s flat and took her back to his home. Children and Families Social Care received a referral for Bethany from the police.

The Duty Social Worker attempts to call Daniel and Daniel informs the Social Worker that he does not wish for Bethany to return back to Kelly’s care due to concerns of Kelly’s temper and her recent arrest.

He informed the Social Worker that he separated from Kelly when Bethany was three years old as there were tensions in their relationship. The Social Worker conducts a home visit to Daniel’s accommodation and the house appears dirty, there are some milk and cheese in the fridge, the freezer is empty and there are lots of empty takeaway boxes laying around. Daniel said he experiences low mood and often does not want to leave the house as he worries people are looking at him.  

Please use the above scenario to address the following areas:

1. Briefly explain your assessment of the situation highlighting any ethical issues:

You need to consider the presenting needs of each of the people in the scenario – adults and children.

What are the risks and positive features of the situation? Are there any conflicts within the presenting needs?

What further information would assist as part of assessing the situation? What events may have contributed to the situation?

Reference to theory and other knowledge may be relevant, e.g. developmental theory but state this briefly as part of your analysis.

Do not restate the scenario – case information should be provided as part of your analysis.

Assessment of the Situation

Do not jump to conclusions – consider alternative explanations as this is part of adopting a balanced approach while being alive to concerns. It is difficult to specify exact word count but this section should not be longer than 500 words.

Attach theory – baby and child if child taken

Maslow highachy the basic need

Development theory

Behaviour theory

Congintave theory for father

Counselling -research on other organisation that can help them.

2. Critically analyse how legislation and statutory guidance could apply to this scenario:

What are the key pieces of legislation and guidance that inform the rights of each person and the duties / powers of services and practitioners?

The critical discussion includes ethical conflicts such as clashes in meeting the needs of one person and upholding the rights of another. Are people able to make their own decisions?

Legislation does not just include specific Acts and guidance relating to service user groups but also legislation relating to rights. Utilise case law to develop and illustrate the issues being discussed. This is core to the assignment (1500 words).

Uncrc

Children act 1989

Mental health act  and capacity act

Safeguarding act

Care act

3. How are cross cutting themes, ethics/ values and AOP relevant to this scenario?

It is vital that you incorporate the ethical issues raised with the legislation and guidance relevant to the case. Remember to offer a response regarding ALL family members in relation to ethical tensions and issues around power and oppression. 

This section could be supported well by case law and relevant social work literature to explore and critically respond to the dilemmas and opportunities within the case. This is core to the assignment (1500 words).

4. How would you resolve any practice issues arising from the application of legislation?

You need to consider what recent and current government policy might apply to the service users and the social work task. How does ideology determining policy affect the situation of family members?.

Consider the professionals and other organisations that might be involved, their obligations and any issues relating to this. Also consider resourcing issues. On its own, this section should be 500 words or less.

General:

A good ethical approach to the application of legislation for a scenario is to start with the least restrictive response before considering greater protective powers so you should examine the situation using preventive and protective responses.

Do not forget the role of universal services. Do not view yourself as a social worker employed by any particular service – you need to consider the information from a social work perspective and explore how a social worker would use law and guidance.

There is no need to say ‘I would do this’ etc. You should consider the information from an objective standpoint – ‘this family appears to have experienced significant changes leading to.

You also do not need to resolve the case as such but identify, explain and analyse what would apply in terms of assessment and intervention and the purpose of these. Please refer to guiding questions and practice issues on Bb under ‘assignment and additional materials’ to assist your analysis.

General Guidance:

You must ensure that you bring a range of reading to the assignment and support statements with literature so do not rely just on core law texts but read more widely to gain different viewpoints and critical views.

Do not quote large sections of legislation – explain your understanding, using quoted wording where you think this will assist but too many quotations take up valuable word count and add to your Turnitin score. Legislation should be cited in its correct form.

For example: Children Act 1989 - the in-text citation would be (Children Act, 1989). The reference in your list would include the name of the Act.