L03 Legislation & National Initiatives Flashcards
Why do we need legislation in health, social and childcare?
- to regulate standards
- to keep everyone safe (service users, staff and organisations)
- provides a structure of standards of conduct for practitioners
- keeps care delivery consistent
- ensures best practice
What are the 8 pieces of legislation?
- Children’s act 2004
- Human’s rights act 1998
- Care act 2014
- Mental capacity act 2005
- Equality act 2010
- Health and Social care act 2012
- Data protection act 1998
- Children and families act 2014
What is the purpose of the Children’s act 2004?
- aims to protect children at risk of harm and keep them safe
What are the key points of the Children’s act 2004?
- Making the child’s welfare paramount
- The child has the right to be consulted
- Promote educational achievement for children in care
- Established role of Children’s Commissioner for England to advocate for their interests
What is purpose of the Human’s Rights act 1998?
- Outlines fundamental rights and freedoms that everyone in the UK is entitled to.
- It incorporates the rights to set out in the European convention on human rights (EHCR) into domestic british law.
What are the key points of the human rights act 1998?
- sets out a minimum standard of how the public services should treat you
- it makes sure that they think about meeting your basic rights when they do their job
- parliament must think about whether a new law follows the Human Rights Act before it comes into force
What is the purpose of the care act 2014?
- makes it clear that local authorities must provide or arrange services that help prevent people developing needs for care and support
What are the key points of the 2014 Care act?
- Must carry out CNA where support may be needed over 18 years
- Continuity of care must be provided for those moving areas
- Local authorities must promote individual wellbeing and provide advocates and adult safeguarding services
Who does the 2014 care act protect?
all care-needing individuals living in each local community
Which settings is the care act relevant in?
all health and social care settings
What rights do the 2014 care act underpin?
right to life - ensures quality of life
protection from harm and abuse - adult safeguarding
right to choice - different providers
right to consultation - person-centred care
equal and fair treatment - advocacy services, support people to express needs
What is the purpose of the 2005 mental capacity act?
- put systems in place to make decisions
- to empower people to still be involved in their care (when they have difficulties with capacity)
- enables restrictions to freedoms where individuals are deemed ‘unsafe’ to themselves (about healthcare or residential care)
Who does the 2005 mental capacity act protect?
- those with a disability
- those after/during a coma
- those with dementia
- those who’ve had a stroke
Which settings is the 2005 mental capacity act relevant in?
- nursing homes
- dementia homes
- mental health hospitals
- secure wards
Which rights do the 2005 mental capacity act underpin?
- right to consultation
- protection from harm and abuse
- promotes choice
What is the purpose of the 2010 Equality act?
legally protects people from discrimination in the workplace and in wider society