Legislation

Question 1

What is legislation?

Answer 1

Legislation is a collection of laws passed by Parliament. These laws state and protect the rights and entitlements of individuals and organisations. Legislation is upheld through the courts, which may prosecute individuals or organisations if they break the law. Laws provide a legal framework for care and provide individuals with the right to access and receive care and support

Question 2

What are the eight pieces of legislation?

Answer 2

• The Care Act 2014
• Health and Social Care Act 2012
• Equality Act 2010
• Mental Capacity Act 2005
• Children Act 2004
• Data Protection Act 1998 (updated 2018)
• Children and Families Act 2014
• Human Rights Act 1998

Question 3

What is the general purpose of the Equality Act 2010 and what are key principles of the Act?

Answer 3

General purpose:
To ensure individuals are treated fairly and do not experience discrimination as a result of any individual characteristics they hold.

Key principles:
- Makes discrimination based on the 9 protected characteristics illegal (e.g. age, gender reassignment, disability, etc.)
- Makes victimisation and harassment illegal
- Reasonable adjustments must be made by employers and services

Question 4

What is the general purpose of the Data Protection Act 1998 and what are key principles of the Act?

Answer 4

General purpose:
To ensure that any personal and private information about individuals is kept secure and set out how that data is used.

Key principles:
- Data must be kept secured (password protected files, etc.)
- Data must only be shared on a ‘need to know’ basis
- Data should be processed within people’s rights (i.e. someone has the right to know what information an organisation holds about them)

Question 5

What is the general purpose of the Human Rights Act 1998 and what are key principles of the Act?

Answer 5

General purpose:
To ensure that individuals are given the fundamental human rights they are entitled to.

Key principles:
- Right to life
- Right to freedom from discrimination
- Right to freedom of religion
- Right to respect, privacy and a family life
- Right to an education

Question 6

What is the general purpose of the Children Act 2004 and what are key principles of the Act?

Answer 6

General purpose:
To ensure that children are safeguarded - i.e. protected from harm and abuse and decisions are made in their best interests.

Key principles:
- Paramount principle - children’s rights and needs must always come first when making decisions about their care
- Children must be protected from harm and abuse
- Children have the right to be consulted in decisions about their care
- Children have the right to an advocate