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A level Health and social care > Legislation > Flashcards

Legislation Flashcards

1
Q

What does the term ‘Legislation’ mean?

A

Legislation is the collection of laws that is passed by the parliament. They state the rights of individuals, the responsibilities of individuals/ organisations and they are upheld through the courts.

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2
Q

What are the 8 different pieces of legislation?

A
  • The Care Act 2014
  • The Health and social care Act 2012
  • The Equality act 2010
  • The Mental capacity Act 2005
  • The Children Act 2004
    The Data protection Act 1998
  • Human rights Act 1998
    -Children and families Act 2014
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3
Q

What is the Care act 2014?

A

The Care act outlines the way in which local authorities should carry out carer’s assessments and needs

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4
Q

What are the key aspects of the Care act 2014?

A
  • Duty on local authorities to promote ‘well-being’
  • Continuity of care
  • Duty on local authorities to carry out child’s need assessments
  • An independent advocate to be available
  • Adult safeguarding
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5
Q

What does the KEY ASPECT ‘duty on local authorities to promote well-being’ mean?

A

Duty on local authorities to promote well-being:
- This is whenever a local authority makes a decision about an adult, they must promote the adults well being.

The well-being principles:

  • Personal dignity
  • Protection from abuse and neglect
  • Physical and mental health
  • Emotional well being.
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6
Q

What does the KEY ASPECT ‘continuity of care’ mean?

A

This is a care that must be provided, if someone moves from one geographical area to another.
- It also ensures that there is no gap in care or support.

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7
Q

What does the KEY ASPECT ‘duty on local authorities to carry out Child’s needs assessments’ mean?

A

This is for young people, where there is likely to be a need for care and support after they reach the age of 18.

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8
Q

What does the KEY ASPECT ‘an independent advocate to be available’ mean?

A

This means to facilitate the involvement of an adult or carer, who is the subject of an assessment or care/support planning review.

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9
Q

What does the KEY ASPECT ‘adult safeguarding’ mean?

A

This includes responsibility for enquiries into cases of abuse and neglect, establishment of safeguarding adults boards, responsibility to ensure information sharing.

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10
Q

What does the KEY ASPECT ‘duty on local authorities to guarantee preventative services’ mean?

A

This helps reduce or delay the development of needs for care and support.
- It also helps to improve people’s independence and well-being.

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11
Q

What is the ‘health and social care act 2012’?

A

The health and social care act is underpinned by 2 main principles:

  • to enable patients to have more control of their care.
  • those responsible for patient’s (doctors and nurses) have the freedom and power to commission care that meets local needs.
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12
Q

What does the KEY ASPECT ‘no decision about me without me’ mean?

A

This saying means patients will be able to choose their GP, consultant, treatment or other local health service.
- this empowers individuals, as they will be consulted and involved in decision making for their care.

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13
Q

What does the KEY ASPECT ‘clinical commissioning groups’ mean?

A

This aspect is when GP-led bodies will commission most health services, including primary care services such as GPs, dentists and pharmacies, and secondary care services provided by hospitals.

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14
Q

What does the KEY ASPECT ‘health and well-being boards’ mean?

A
  • these boards bring together health and social care commissioners, counsellors and a lay representative to promote joint working and to tackle inequalities in people’s health and well-being.
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15
Q

What does the KEY ASPECT ‘public health’ mean?

A
  • this is increased focus on prevention, with local councils taking over responsibilities for public services and population-health improvement, e.g. obesity, smoking and screening.
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16
Q

What does the KEY ASPECT ‘health watch’ mean?

A
  • this is an independent service created by the act, which aims to protect the interest of all those who use health and social care services.
  • health watch has a role in communicating the views of patients to commissioning bodies.
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17
Q

What is the ‘Equality Act 2010’?

A
  • it gives women the right to breastfeed in public.
  • make pay secrecy clauses illegal. As individuals, cannot be illegally prevented from discussing their income with another person.
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18
Q

What does the KEY ASPECT ‘protects people who are discriminated against due to association’ mean?

A

DISCRIMINATION BY ASSOCIATION: this is when you are treated unfairly because people in your life, like family members or friends, have a protected characteristics (the 9 protected characteristics).

  • An example of this, a father caring for his disabled son has to take time off work, whenever his son is sick. So, the employer appears to resent this and eventually dismisses him.
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19
Q

The Equality Act 2010: definitions:

A
  • Direct discrimination: this is discrimination that is ‘clear’ and ‘upfront’. Intentionally putting someone at a disadvantage or treating them unfairly based on their differences.
  • Indirect discrimination: this is discrimination that is hidden. This is also when a policy on rule applies to everybody but has a detrimental effect on some people.
  • Harassment= unwanted behaviour that intends to intimidate and humiliate someone.
  • Victimisation= is bad treatment that is directed towards someone who has made a compliant or taken action under the equality act.
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20
Q

What are the 9 protected characteristics in the equality act 2010?

A 
The equality act 2010 has 9 nine protected characteristics in this act:
- Age
- Sex
-Disability
-Pregnancy and maternity
-Gender reassignment
-Sexual orientation
-Religion
-Marriage and civil partnerships
Race
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21
Q

What does the KEY ASPECT ‘reasonable adjustments’ mean?

A
  • this has to be made by employers for those with disabilities, e.g. ramps.
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22
Q

What does the KEY ASPECT ‘encouraging positive action’ mean?

A

this is encouraging people to look for jobs, in which people with that protected characteristics are under-represented.

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23
Q

What is the ‘Mental Capacity Act 2005’?

A

Capacity= the ability to make a decision.
This act provides legal framework to protect and empower those who are unable to make some of their own decisions.
- This could include people with learning disabilities, dementia, mental health disorders, stroke or head injuries.

24
Q

What does the KEY ASPECT ‘a presumption of capacity’ mean?

A
  • this means that every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise.
  • A care worker must not assume someone cannot make decisions for themselves just because they have a particular condition/disability.
25
Q

What does the KEY ASPECT ‘support to make own decisions’ mean?

A
  • this is where a person must be given half before anyone treats them as not being able to make their own decisions.
26
Q

What does the KEY ASPECT ‘right to make unwise decisions’ mean?

A
  • just because an individual makes a decision, which might be seen as unwise, they should not be treated as lacking mental capacity.
  • Everyone has the right to make what others may regard as unwise or eccentric decisions.
27
Q

What does the KEY ASPECT ‘best interests’ mean?

A
  • this is action taken or decisions made under this act on behalf of a person lacking capacity must be done in their best interests.
  • care workers should provide reasons to prove the decisions are made in their best interests.
  • they should involve the person or consider if it can be put off until the person regains capacity.
28
Q

What does the KEY ASPECT ‘less restrictive option’ mean?

A
  • anything done for or on behalf of a person lacking capacity should be least restrictive of their basic rights and freedom.
  • it would be reasonable to accompany an individual with learning disabilities to the shops.
  • it would not be reasonable to lock them in their room or prevent them from going out.
29
Q

What is the ‘children act 2004’?

A

it aims to protect all children at risk of harm and keep them safe:

  • this may involve the practitioner taking away the child from its family.
  • to do so they may use care orders or emergency protection orders.
  • practitioners working with children must follow safeguarding procedures.
30
Q

What is the ‘paramountcy principle’?

A

the paramountcy principle: the child’s needs must come first.
- For example; taking a child away from their family may be hard for the adults involved but it must be done if it is in the child’s best interest.

31
Q

what does the KEY ASPECT ‘children have a right to an advocate’ mean?

A
  • this is when children have the right to have an advocate to represent the.
  • An advocate acts in the best interests of the child.
32
Q

What does the KEY ASPECT ‘encourages partnership working’ mean?

A
  • Practitioners needs to ensure information is shared on a need to know basis to help avoid miscommunications, especially in child protection situations.
  • it includes reforms for adoption, special education needs and children in care.
33
Q

What does the KEY ASPECT ‘the role of the children’s commissioner’ mean?

A
  • this act has given the CC stronger powers.
  • the CC has to focus on the rights of all children, including those in care.
  • the CC’s role increased from ‘representing the view of all children’ to ‘promoting and protecting the rights’ of children.
34
Q

What does the KEY ASPECT ‘every child matters’ mean?

abbreviation: SHEEP

A
  • Stay safe
  • be Healthy
  • Enjoy and active
  • Economic well being
  • make a Positive contribution
35
Q

What does the KEY ASPECT ‘created children’s safeguarding boards and the children commissioner’s’ mean?

A
  • these give children a voice and represent their interests nationally.
36
Q

What is the ‘data protection act 1998’? Key aspect: ‘processed fairly and lawfully’

A
  • information should be collected and used with permission of the individual.
  • personal information should only be shared on a ‘need-to-know’ basis.
37
Q

What does the KEY ASPECT ‘secured’ mean?

A
  • Non-authorised staff should not be allowed access to the information, it should be kept in a secure condition.
38
Q

What does the KEY ASPECT ‘accurate and kept up to date’ mean?

A
  • inaccurate data should be destroyed or corrected.

- systems should be in place for checking accuracy.

39
Q

What does the KEY ASPECT ‘processed in line with the rights of the individual’ mean?

A
  • this means people have the right to:
  • know what information is being held.
  • know how their information is being held.
  • have any errors corrected.
  • prevent any data being used for advertising.
40
Q

What does the KEY ASPECT ‘adequate and relevant but not excessive’ mean?

A
  • this is when care workers should collect and use only information that is needed.
41
Q

What does the KEY ASPECT ‘used only for the purposes for which it was intended’ mean?

A

-information should be gathered only for a specific purpose and only used for that purpose.

42
Q

What does the KEY ASPECT ‘kept for no longer than necessary’ mean?

A
  • information should be destroyed or deleted, when it is no longer needed.
43
Q

What does the KEY ASPECT ‘not transferred to other countries outside the EU’ mean?

A
  • unless the service user has given consent.

- other countries may not have the same data protection legislation so data may not be secure.

44
Q

What is the ‘human rights act 1998’ mean?

A
  • All public authorities must apply the human rights act, the rights everyone is entitled to are set out in a series of articles.
45
Q

What does the KEY ASPECT ‘right to life’ mean?

A
  • services such as NHS provide medication and treatments to preserve life.
  • decisions to turn off a life support machine cannot be made by an individual practitioner, permission has to be obtained through the courts.
46
Q

What does the KEY ASPECT ‘right to represent, privacy and family life’ mean?

A

-privacy can be maintained by staff in a care home by not discussing resident’s care, where they can be overheard or hospital staff drawing a curtain around the bed, when treating a patient.

47
Q

What does the KEY ASPECT ‘right to liberty and security’ mean?

A

-an individual cannot be detained or deprived of their freedom unless they have committed a serious crime or have been assessed under the mental health act as being a danger to themselves or others.

48
Q

What does the KEY ASPECT ‘right to freedom from discrimination’ mean?

A
  • these rights are further supported by the Equality Act.
49
Q

What does the KEY ASPECT ‘right to freedom of expressions’ mean?

A
  • individual’s have their own opinion and should have the opportunity to express these.
  • For example, service users have the right to choice and to consultation about their care.
50
Q

what does the KEY ASPECT ‘right to freedom of thought, conscience and religion’ mean?

A
  • each individual has the right to their own faith and beliefs, which should be respected.
  • For example, a primary school should celebrate not just Christmas but also other festivals.
51
Q

What does ‘the impact of legislation’ mean?

A

The care certificate is a national initiative that sets out the minimum standards that should be achieved by care workers before they are allowed to work without direct supervision.

52
Q

How many standards of care are there?

A

15 standards of care and care workers are assessed against these.
- an example of standards include privacy, dignity, equality, diversity and duty of care.

53
Q

What is the aim of the care certificates?

A
  • The aim of the care certificates is for all care workers to have the same skills and knowledge to be able to give safe and high quality support for the individuals for whom they are providing care.
54
Q

The impact of legislation and national initiatives:

what are the benefits of legislation and national initiatives?

A
  • Personal centred approach to care
  • Individual needs are met
  • Empowerment
  • Accessible services
  • Provides a system of redress
  • Guidelines for practitioners
  • Raises of standards of care
55
Q

What are the 8 impacts on the legislation and national initiatives?

A

1) STAFF SELECTION AND INTERVIEW PROCEDURES:
- they must comply with the Equality Act.
- Adverts and interviews must not discriminate against any of the 9 protected characteristics.
- Questions asked at interview must be non-discriminatory.
- Interviewers can be trained in equality and diversity, so they are aware of bias/discrimination.
- A mixed interview panel (age, experience, men and women) can help avoid bias.

56
Q

How does legislation and policies provide good practice?

A

3) Individuals are given rights (this is a person-centred approach to care and provision and individual needs are met).

A level Health and social care (7 decks)

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