Jenny, a 28-year-old woman, has been availing herself of the services offered by a drop-in women's centre for sustenance along with several other welfare amenities. She is wedded and has a six-year-old son, who has been accompanying her to the centre recently. During a discourse with Jenny, it has come to attention that her son appeared introverted which is revealed from the fact that the constantly avoided eye contact. On top of that, the child exhibited extensive contusions on his arms and legs, which Jenny claimed were the result of roughhousing at school. She also divulged that her family was experiencing financial distress, and her spouse had lost his employment due to drug addiction. From the given case vignette, it is apprehensive regarding the child's bruises as well as Jenny's husband's substance abuse, which may jeopardize the child's well-being (Kitto & Knight, 2019).
Identification and analysis of relevant ethical issues and explanation of the tensions that arise from the case for a community worker in Australia (example conflict of interest, suspected child abuse, etcetera)
From the perspective of a community worker, it is crucial to uphold the relevant ethical principles that are revealed in this case. Ethical issues that are required to be taken into consideration and are pertinent to the case are hereby mentioned below:
After meticulously analyzing the given case study, an issue that is suspicious is signs of child abuse. The severe bruises that are present in the arms and legs of Jenny’s son raises the serious question regarding possible abuse. As a caseworker it is imperative to have an ethical and legal obligation to report such incidents associated with suspected abuse to relevant concerned authority, in order to make sure that the child is safe. However, one of the crucial aspects that should be borne in mind is that since this issue is sensitive, it should be handled professionally in order to avert undue trauma and stress to the family and the child (Mulvale et al. 2019).
Conflict of interest is another important issue that should be emphasized upon, since Jenny is availing multiple services from the drop-in women’s centre. To put it in simple perspective Jenny is accessing welfare services along with other basic amenities. As a consequence, it could compromise Jenny’s ability to look for an opportunity to financially support the family. The caseworker should always refrain from participating in such activity which could potentially be detrimental for an individual to financially substantiate for themselves. In this instance, Jenny’s overdependence on the services provided by the centre can compromise the professional integrity, if appropriate measures are not incorporated timely (Govindan, Shaw & Majumdar, 2021).
As far as another ethical issue is concerned, confidentiality is also a crucial aspect in this case. Since the privacy of Jenny should be safeguarded by the caseworker. In view of the fact, that the caseworker has an ethical as well as legal obligation towards Jenny. However, in circumstances where the safety of a child is concerned, balancing between ethical principles can definitely be demanding in nature. Since the caseworker should incorporate activities and navigate these tensions intricately (Stearne et al. 2022).
Tensions emanating from the aforementioned ethical issue revolve around determining best possible way from the perspective of a caseworker, in order to resolve that case, which brings the best possible outcome for Jenny as well as her child, while maintaining ethical principles. For instance, if child abuse is reported based on suspicion, this could potentially lead to legal action, which can even have fatal consequences of Jenny losing custody of her child. On the contrary, if this is not reported, then the feasibility of the child to experience physical harm and suffer from traumatic memories is inevitable in nature. In order to navigate through these ethical tensions, the caseworker should always concentrate upon seeking guidance from the predefined procedure and policies of the centre as well as maintain actions which are in compliance with the regulation and the relevant legislation, so that ethical code of practice is not violated. Indulging in reflective practice in order to investigate the values and biases associated with the case can also assist the caseworker to reach a professional judgment seamlessly (Cheng et al. 2021).
After intricately going through the case study of Jenny and her son, several principles of ethics and concepts can be pointed out, which are hereby mentioned below:
To begin with, the principle of self-determination is coherent throughout the course of this case study, owing to the fact that the principle particularly revolves around individual’s right to formulate their own decision regarding their lives, which should be respected by others. Simply put the caseworker should recognize the right to make decision by Jenny regarding her own life, which even includes managing her financial situation, as well as taking care of her son. However, if under any circumstance, there is evidence that her son is experiencing physical harm, then the notion of self-determination principle should be balanced appropriately, for the sake of safeguarding the child as per the principle of child protection (Wilmer et al. 2021).
The principle of privacy and confidentiality is also pertinent in this case study, since it is quintessential to respect the privacy of jenny's life, including her son. Information that is legitimate need to know basis should only be shared. One of the interesting aspects that should be taken into consideration as a caseworker is that prior to sharing any information with an individual regarding Jenny's circumstances, it is imperative to obtain informed consent from Jenny. Otherwise, it can be treated as a direct violation of a predefined ethical code of practice. However, if under any circumstance, it is determined that the child safety is jeopardized, then principle of privacy as well as confidentiality are required to be balanced appropriately by the caseworker, so that the child safety can be prioritized (Gstrein & Beaulieu, 2022).
Principle of social justice is also relevant in this circumstance, since the notion of social justice particularly concentrates upon fair distribution of opportunities as well as resources in the society, so that individual can make decisions to substantiate themselves with appropriate resources. In this circumstance, it is abundantly clear that Jenny is experiencing financial impediment as of this moment. Hence, if any assistance is required in terms of financial resources or counselling service, caseworker should not hesitate to appropriately support Jenny, so that she could get out of this rut (Menzies, 2019). The fundamental concept of duty of care is also one of the relevant concepts that is coherent in this case. The term duty of care is self-explanatory in nature, since it is the ethical and legal obligation that a caseworker has and as such the caseworker should always act in best interest of Jenny. In order to ensure they are not exposed to harm or risk of any kind. Under every circumstance, a caseworker should adhere to the fundamental principles and standard practice associated with duty of care. Hence, ensuring that the child is safeguarded from future harm also falls under the continuum of duty of care that the caseworker has in this instance.
To summarize it can be stated that, when dealing with clients such as Jenny as well as her son, a multitude of ethical principles along with concepts necessitate contemplation. The principles of self-governance, seclusion aside from secrecy, and egalitarianism are all pertinent, and must be weighed judiciously to safeguard both Jenny and her son. Apart from that, the notions of well-informed agreement and responsibility of care are crucial and should serve as a compass for the caseworker's conduct in this particular situation (Firmin, 2020).
It is incumbent upon the caseworker to evince an astute cognizance of the pertinent legislation that governs cases akin to Jenny's, so as to ensure that judicious actions are taken, and the rights of both Jenny and her son are amply safeguarded. Such discernment is indispensable to pursue the ethical principles of self-governance, seclusion, secrecy, and egalitarianism in a manner that is well-informed, and that accord with the tenets of responsibility of care and informed consent.
An appropriate legislation is the Child Protection Act, 1999, in Australia, which intricately outlines the rudimentary responsibility of child protection services, aside from determining and responding accordingly to child neglect and abuse. The act specifically emphasizes the notion of duty of care on personnel who are entrusted with the responsibility of ensuring child safety or working with children, including caseworkers, to immediately report any sort of suspicious activity, where the slightest notion of child abuse is detected to the nearby concerned child protection services. In Jenny's scenario, the presence of severe bruises on her son's limbs single handedly raises the question of physical abuse which should definitely be reported to the relevant authority (Forslund et al. 2022).
The Family Law Act, 1975,encompasses the crucial aspect of domestic violence along with providing protection of children from their respective parents, in case, family violence is physically or mentally imposing the threat to the child. The legislation specifically defines activities which can be categorized as family violence, this revolves around sexual, emotional, physical as well as psychological abuse. As per this act, if individual member and the family is found to be guilty of participating in the aforementioned categories of abuse towards children, then ramification can even lead up to incarceration (Briggs, 2020).
Privacy Act 1988, in Australia, also is applicable in this case, since this legislation has distinctly defined set of rules regarding the manner in which information that is confidential should be accumulated, utilized and disclosed towards government agency, provided suspicious activities are noted. However, as per Privacy Act 1988, prior to sharing such sort of crucial information with the authority, it is imperative for caseworker to derive informed consent from Jenny's end in order to proceed with the legal obligation. If under any circumstance, the informed consent is not derived, then it would be treated as breach of conduct in the field of duty of care of the caseworker, towards Jenny (Strathearn et al. 2020).
Aside from the aforementioned laws legislations it is also important to ensure that activities undertaken by the caseworker is aligned to that of the ethical principle, which are predefined in Australian Association of Social Worker, which is commonly referred to as AASW Code of Ethics. Social workers under all circumstances should abide by the ethical principles as well as values that are predefined under AASW in their regular practice. This code particularly emphasizes respecting the dignity of individuals while upholding and promoting social justice.
An illustrative case relevant to Jenny's situation is the landmark decision of Re: Bartholomew (FC) [2013] UKSC 33, wherein the United Kingdom's Supreme Court deliberated on the threshold for determining harm in cases involving child welfare. The case pertained to a tender-aged child who had suffered grave injuries, including multiple fractures and head trauma, suspected to have resulted from physical abuse (Gillingham, 2020). The Court held that the establishment of harm necessitates a causal nexus between the child's injuries and the actions of the parents or caregivers, and that the harm must surpass triviality or transience. The case underscores the significance of meticulous scrutiny of evidence and comprehensive investigation in matters concerning child protection.
The caseworker should skilfully navigate intricate ethical and legal quandaries to ensure the safeguarding of the child from harm and maltreatment. In doing so, the caseworker must judiciously weigh and assess several critical factors, including but not limited to the mother's right to privacy and autonomy, the child's right to security and protection, as well as the family's cultural and social background. It is of utmost importance that the caseworker exercises diligent and empathetic discretion in approaching this matter, while also upholding their legal and ethical obligations (Bastian, Dunk‐West & Wendt, 2022).
In the field of social work practice, there are diverse models associated with decision making. Out of which the most noteworthy one is the ethical decision-making model. The characteristic attribute of this model that separates it from any other model is that it involves a distinct structured procedure of meticulously analyzing dilemmas that are ethical in nature, on the basis of accumulated information, so that decision can be formulated appropriately all while abiding by ethical principle as well as values (Saxena et al. 2021).
There is a plethora of steps that are required to be taken into consideration, while incorporating the model of ethical decision making. In general, these steps fall into a continuum ranging from identifying the ethical dilemmas in the first place, followed by accumulating pertinent information which can be later on utilized to consider coherent principles of ethics. Based on the accumulated information, alternatives can also be explored, so that decision making and incorporating actions can be actualized in reality. In relation to this particular case, the first step is determining the ethical dilemma about Jenny's son's welfare and the suspicion of child abuse. The next course of action that should be incorporated by the caseworker is to garner as much information as possible from the circumstance. This can be done either by directly inquiring Jenny or observing the child, since the child is introverted in nature and would not respond or reveal information on his own (Brown et al. 2019).
As far as selecting the appropriate ethical principle is concerned, this case can be aligned with the ethical principle of non-maleficence, social justice, beneficence, confidentiality as well as self-determination. The cardinal principle of self-determination necessitates that Jenny's prerogative to make decisions concerning her life be honoured, whilst the principle of confidentiality mandates that the case worker maintain the confidentiality of the information divulged by Jenny. The principles of non-maleficence and beneficence require the case worker to abstain from any wrongdoing to the child and ensure the child's welfare. Social justice demands that the case worker address the socioeconomic determinants that contribute to the family's situation (Gillingham, 2020).
Exploring appropriate alternatives is the next action course that should be determined by the caseworker, in order to ensure that appropriate measures are incorporated in Jenny's case. One alternative is to determine Jenny’s financial gravity and assist her with appropriate welfare services, so that she can financially substantiate her family. On the other hand, reporting suspected child abuse to the concerned authorities appropriately would ensure the well-being of the child. However, in this case, Jenny's confidentiality would be infringed, which would go against the ethical code of conduct of the case worker. Ultimately, it is imperative to finalize on a decision and inculcate necessary action to realize the decision. Since the safety and the well-being of the child is paramount in nature, reporting the suspected child abuse to the authority is the best way to move forward (Banks et al. 2020). However, the reporting should be carried out in a sensible manner, so that the child is not subjected to unnecessary trauma. Respectfully reporting would not only minimize harm to the family, but at the same time, it would also promote self-determination and empowerment. This particular model of decision making provides distinct and structured approach of intricately analyzing ethical dilemmas and formulating decisions that are absolutely informed in nature on the basis of ethical values and principles (Menzies, 2019).
After meticulously going through the entire case study of Jenny and her son, an inference can be drawn that there are several decisions and action that can be inculcated from the viewpoint of the caseworker. However, each action has its fair share of advantages as well as disadvantages associated with it. The advantages would definitely be beneficial for the involved parties; however, disadvantages would inherently bring harm, if appropriate measures are not incorporated duly (Gillingham, 2020). For instance, if the decision of reporting suspected child abuse to the child protection authorities is carried out, then the safety and security of the child is emphasized upon; whereupon the child would no longer be subjected to physical abuse. However, the potential downside of this decision is that reporting could definitely strain in the relationship between Jenny and the caseworker, which would inherently make it quite challenging for the caseworker to extend support towards Jenny in time of need, in future. On top of that, reporting child abuse would simply result the child to be placed in a foster care, up until adoption, which can necessarily be translated into the fact that the child would be subjected to physical as well as psychological and emotional harm. Alternatively, if the caseworker opt for extending support to Jenny and completely refrain from reporting child abuse, the child's safety and security would be jeopardized to a great extent, provided if the physical abuse keeps on occurring (Mulvale et al. 2019).
During the course of carrying out this assignment, I have stumbled upon the fact that it is quite challenging to formulate a decision, based on ethical dilemma. Not only does it require intricate attention to the detail, but at the same time appropriate measures should be taken into consideration. In order to ensure that it would not jeopardize any individual involved in the process. One of the crucial aspects that I have learned during the course of completing this assignment is that decision should always be formulated by seeking perspective from the group. Not only this enhances the practice of teamwork, but at the same time in the field of community service, this approach broadens up the mental horizons extensively.
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