Duration: 21 mins 46 sec
Working legally and ethically go hand in hand to provide the best care possible to every client.
Support workers need to understand that laws are designed to protect everyone’s safety and rights as a citizen. These laws are the basis of the Policy and Procedures that support workers must follow when they work.
Ethics are based on the values we live our lives by and are about what is right or wrong. Ethics means we show respect for every person. We do not judge, we accept people as they are, and support their rights, their dignity and their choices.
This is the basis of person centred care.
In the DVD there are eight scenarios which show a situation between a client and a support worker where there is a legal situation or ethical dilemma.
The video can be used as an interactive learning tool:
- play a scenario and the three different responses from the worker
- some possible consequences of these responses are presented
- pause the video, discuss the possible consequences and which response from the worker is correct
- resume the video and the correct answer is then given.
Or the video can just be played all the way through.
ISBN: 978-0-9870953–8-1
“The video was set out well and covered many circumstances that staff do face in the work they do.
We are placing your Work Legally and Ethically video in our induction training to assist new staff.
The bonus resources supplied as word documents where we can place our logo is most helpful”.
Quality and Auditing Officer
Aspire Support Services, NSW
“This DVD, Work Legally and Ethically is a powerful instructional tool that summarises the legal and ethical aspects related to Home and Community work.
The scenarios are clear, interactive and support community home care workers to make the right decisions when faced with legal and ethical matters. It is certainly one I would use in the classroom”.
Deanne York Douglas
Care Course Coordinator
Hornsby Ku-Ring-Gai Community College
Topics covered:
Introduction
How the scenarios work
Scenario 1 Assist with medication
Scenario 2 Dignity of Risk
Scenario 3 Abuse of a client
Scenario 4 Physical risks
Scenario 5 The right to complain
Scenario 6 Privacy and confidentiality- medical
Scenario 7 Privacy and confidentiality- social media
Scenario 8 Your values versus the client’s values
Resource Material
Community Services Training Package
- CHC33015 Certificate III in Individual Support
To support the delivery of the unit
- CCHCLEG001 Work legally and ethically
Some of the scenarios can also be used as support material for the following units:
CHCHCS001 Provide home and community support services CHCCCS015 Provide individualised support CHCCCS023 Support independence and wellbeing CHCAGE001 Facilitate the empowerment of older people
CHCCCS011 Meet personal support needs
It is imperative that ethical issues are considered during the formulation of the evaluation plan. Ethical considerations during evaluation include:
- Informed consent
- Voluntary participation
- Do no harm
- Confidentiality
- Anonymity
- Only assess relevant components.
Informed consent
Informed consent means that the person participating in the evaluation is fully informed about the evaluation being conducted. Participants need to be made aware of the purpose of the project, who or what group is funding it, how the findings will be used, if there are any potential adverse impacts of their participation and who will have access to the findings. The main purpose of informed consent is that the participant is able to make an informed decision as to whether they will participate in the evaluation or not. Additional information should also be provided in the event that the participant becomes distressed in any way during their participation.1,2
Voluntary participation
Voluntary participation means that people participate in the evaluation free from coercion. Participants are free to withdraw their participation at any time without negatively impacting on their involvement in future services or the current program2 and relationships with any of the researchers or research bodies involved. It can be challenging to encourage high risk youth to become engaged in a program and it is therefore difficult when participants choose not to continue in a program. It is the right of participants to leave a program of this nature at any time, therefore no pressure should be placed on those who choose not to continue. Explanations are also not required.
Do no harm
Harm can be both physical and/or psychological and therefore can be in the form of: stress, pain, anxiety, diminishing self-esteem or an invasion of privacy.2 It is imperative that the evaluation process does not in any way harm (unintended or otherwise) participants.
Confidentiality
Confidentiality means that any identifying information is not made available to, or accessed by anyone but the program coordinator.2 Confidentiality also ensures such identifying information is excluded from any reports or published documents. Given that there are often small numbers in peer based programs, it is very important to consider how reports are worded to ensure that there is no opportunity for people to be identified even though names are not used.
Anonymity
Anonymity is a stricter form of privacy than confidentiality, as the identity of the participant remains unknown to the research team.2 This is more difficult to achieve than confidentiality as participants in the context of social research are usually known to the program coordinator.1
Only assess relevant components
Only assess those components that are of relevance to the program/initiative being conducted. High risk populations are sometimes being used as guinea pigs or a captive audience to ask all sorts of questions in evaluations that are of interest to groups conducting the program/initiative but not relevant to the program nor will be to the group who are involved in the program. It is important to keep evaluations as simple as possible and to remain focused on the intention of the evaluation and what the data gathered will be used for.
- South Australian Community Health Research Unit n.d. c
- Trochim 2006
By Ashley Miller Updated January 04, 2022
Like most mental health and social services providers, social workers face a number of legal and ethical issues in social work practice throughout their careers. They must make difficult decisions regarding treatment issues, maintain professional boundaries and develop awareness of value conflicts. The National Association of Social Workers' Code of Ethics provides ethical and legal guidelines for social workers in the areas of clients, other professionals, practice settings, the profession and society.
A social worker's commitment is first and foremost to her clients. Despite her best intentions, a social worker may come up against certain legal and ethical challenges in social work while interacting with clients and their families. Some of the common issues that may arise include confidentiality, professional boundaries, respecting the client's right to self-determination and being aware of conflicts of interest.
Social workers may not disclose information about a client to anyone else without the client's written consent. Legal issues in social work arise when a client poses a danger to self or others. In most states, social workers are obligated to inform law enforcement officials in such cases. This is known as the duty to warn, which presents a difficult situation for even the most experienced social workers.
Social workers may also face legal and ethical issues when interacting with other professionals. According to the NASW Code of Ethics, social workers have a legal and ethical responsibility to treat their colleagues with respect, collaborate with other professionals to resolve ethical disputes, avoid sexual relationships with supervisees or students, consult other colleagues for advice and guidance when this is in the best interest of the client, and report unethical conduct of colleagues.
Reporting unethical conduct of colleagues can be a challenging situation; it is up to the social worker to discuss her concerns with her colleague. If the situation does not resolve, she must take action, such as reporting the colleague's behavior to the state licensing board or the NASW.
Ethical considerations in practice settings might appear difficult and open to interpretation at times. This is a broad area for consideration that covers a range of practice issues. Some ethical and legal issues in practice settings may include dual relationships involving supervisors and supervisees, staying current with changes to the field by participating in regular continuing education courses, and maintaining ethical billing practices, such as avoiding double billing or only billing for services that were provided. Examples of other dilemmas that social workers might face include billing under false names or under false circumstances or interviewing children without their parents' consent.
By calling yourself a social worker, you also have a responsibility to maintain the integrity of the profession. Some of the legal and ethical issues that can arise in this area include practicing within your area of competence, avoiding dishonesty and fraud, not allowing conduct in your private life to interfere with your professional role, and dealing with personal issues, such as psychological impairment or substance abuse. SWHelper stress the importance of being self-aware of personal issues and past traumas to maintain objectivity, boundaries and professional distance as a social worker.
Social workers also have a commitment to society as a whole. They must work to promote social justice and public welfare, and should not participate in activities that promote inequality or discrimination. Instead, social workers should engage in political and social action that ultimately results in reducing barriers and promotes the betterment of society and social inclusion.