Legislation Flashcards
The Mental Capacity Act 2005
•A presumption of Capacity
•Support to make own decisions
•Right to make unwise decisions
•Best interests
•Least restrictive options
The Care Act 2014
•Duty on local authorities to promote ‘wellbeing’
•Continuity of care
•Duty on local authorities carry out Child’s Needs Assessments
•An independent advocate to be available
•Adult safeguarding
•Duty on local authorities to guarantee preventable services
The Children and Families Act
•The role of the Children’s Commusioner
•Parents who have a new child
•Family courts and justice
•SEND
The Data Protection Act 1998
•Processed fairly and lawfully
•Accurate and kept up-to-date
•Secured
•Adequate and relevant but not excessive
•Used only for the purposes for which it was intended
•Kept for no longer than necessary
•Processed in line with the rights of the individual
•Not transferred to other countries outside the EU
The Health and Social Care Act 2012
•’ No decision about me without me’
• Clinical Commissioning Groups
•Health and wellbeing boards
•Public Health
•Healthwatch
The Equality Act 2010
•Aims to prevent discrimination based on nine ‘protected characteristics’
•Protects people who are discriminated against due to association
•Protects people who have been indirectly discriminated against
•Makes it unlawful to harass or victimise an individual
•Gives women the right to breastfeed in public places
•Makes pay secrecy clauses illegal
•Reasonable adjustable ( for disabilities)
•Encourage positive action
What is the impact of legislation?
Protects people
The Children act 2004
•Aims to protect children at risk of harm.
•Paramountcy principle.
•Encourages partnership working.
•Created the Children’s Commissioner and local Safeguarding Children Boards.
•Every child matters
The Children Act 2004
•Aims to protect children at risk of harm
•Paramountcy principle
•Encourages partnership working
•Every child matters
•Created the Children’s Commissioner and Local Safeguarding Children’s Boards
