Legislation

Question 1

What are the 8 legislations?

Answer 1

• Care act 2014
• Health and social care act 2012
• Equality act 2010
• Mental capacity act 2005
• Children act 2004
• Data protection act 1998
• Children and families act 2014
• Human rights act 1998

Question 2

What is the Care Act 2014?

Answer 2

• Outlines ways in which local authorities should carry out carers assessments and needs assessments, how local authorities should determine who is eligible for support
• Duty on local authorities to promote an individual’s wellbeing
• An independent advocate to be available
• Adult safeguarding

Question 3

What is the Health and Social Care Act 2012?

Answer 3

• Enable patients to have more control over the care they receive
• Those which are responsible for patient care have the freedom and power to commission care that meets local needs

Question 4

What are the key aspects of the Health and Social Care Act 2012?

Answer 4

• No decision about me without me
• Increased prevention of the public health
• Healthwatch aims to protect the interests of all those who use health and social care services

Question 5

What are the key aspects of the Equality Act 2010?

Answer 5

• Makes direct and indirect discrimination on the basis of a protected characteristic
• Prohibits education in education, employment
• Women have the right to breastfeed in public places

Question 6

What is the Mental Capacity Act 2005?

Answer 6

• Provides a legal framework setting out key principles, procedures and safeguards to protect and empower those who are unable to make decisions of their own

Question 7

What are the 5 principles of the Mental Capacity Act 2005?

Answer 7

• A presumption of capacity
• Support to make own decisions
• Unwise decisions
• Action taken on behalf of a person who lacks capacity must be done in their best interests
• Anything done on behalf of someone who lacks capacity should be less restrictive of their basic rights

Question 8

What are the key aspects of the Children’s Act 2004?

Answer 8

• Aims to protect children as risk of harm
• Paramountacy principle
• The child has the right to be consulted
• Children have the right to an advocate
• Encourages partnership working
• Created the children commissioner

Question 9

What are the principles of the Data Protection Act 1998?

Answer 9

• Processed fairly and lawfully
• Used only for the purposes for which it was indended
• Adequate and relevant but not excessive
• Accurate and kept up to date
• Kept for no longer than necessary
• Secured

Question 10

What is the Children and Families Act 2014?

Answer 10

• Parents who have new child:
  - Parental leave
  - Allows both parents to have time off work to attend appointments
• Family courts and justice:
  - If parents splitting up courts must help parents do what is right for their child

Question 11

What is the Human Rights Act 1998?

Answer 11

• Applies to all public authorities
• Public authority: an organisation that has public function

Question 12

What are the rights in the Human Rights Act 1998?

Answer 12

• Right to life
• Right to respect, privacy and family life
• Right to liberty and security
• Right to freedom from discrimination
• Right to freedom of expression
• Right to freedom of thought, conscience and religion