Legislation and Applying Best practice

Question 1

8 different pieces of legislation

Answer 1

• the care act 2004
• the health and social Care 2012
• the equality Act 2010
• the mental capacity 2005
• The children act 2004
• the data protection act 1998
• Human rights Act 1998
• children and famillies

Question 2

what is the The Care Act 2014?

Answer 2

The care act outlines the way in which local authorities should carry out carer’s assessments and needs assessments.
KEY ASPECTS – duty on local authorities to promote ‘well being’.
Whenever a local authority decides about an adult, they must promote that adult’s well being
–>Well being principles include:
- Personal dignity
- Protection from abuse and neglect
- Physical and mental health
- Emotional wellbeing
- Community of care .
Must provide if someone from one geographical area to another. It ensures that there is no gap in care or support.
- Duty on local authorities to carry out child’s needs Assessments.
this is for young people where there is likely to be a need for are and support after they reach the age of 18.

• An independent to be available.
  To facilitate the involvement of an adult or carer who is the subject of an assessment or care/support planning review.
• Adult Safeguarding
  Includes responsibility for enquires into cases of abuse and neglect, establishment of safeguarding adults’ boards, responsibility to ensure information sharing.
• Duty on local authorities to guarantee preventative services.
  This helps reduce or delay the development of needs for care and support. It helps to improve people’s independence and wellbeing.

Question 3

what is the health and social care 2012?

Answer 3

Is underpinned by two main principles:

• To enable patient to have more control over their care.
• Those responsible for patient care (doctors, nurse) have the freedom and power to commission care that meets local needs.

Question 4

what are the KEY ASPECTS of health and social care 2012?

Answer 4

‘No decision about me without me’
Patient will be able to choose their GP, consultant, treatment and hospital or other local health service. This empowers individuals as they will be consulate and involved in decision making for their care.

Clinical Commissioning Groups ( CGGs)
GP-led bodies will commission health services, including primary care services such as Gps, dentist and pharmacies and secondary care services provided by hospitals.

Health and wellbeing boards
These bords bring together health and social care
commissioners, councillors and a lay representative to promote joint working and to tackle inequalities in people’s health and wellbeing.

Public Health
Increased focus on prevention, with local councils taking over responsibility for public health services and population-health improvement e.g., obesity, smoking, screening.

Healthwatch
An independence services created by the act, which aims to protect the interest of all those who use health and social care services. Healthwatch has role in communicating the views of patient of commissioning bodies.

Question 5

what is the equality Act 2010?

Answer 5

The Act makes it unlawful to discriminate against someone on the grounds of any of these characteristics:

Question 6

discrimination by associate:

Answer 6

when you are treated unfairly because people in your life, like family or friends, have a protected characteristic ( there are my protected characteristics: age, disability, gender reassignment, marriage, pregnancy, sex , race etc..) for example a father caring for his disabled scan must take time off work whenever his son is sick. the employer appears to resent this and eventually dismisses him.

Question 7

Direct discrimination :

Answer 7

intentionally putting someone at a disadvantage or treating them unfairly based on differences.

Question 8

what is indirect discrimination :

Answer 8

when a policy or rule applies to everybody but has a detrimental effect on some people.

Question 9

what is Harassment ?

Answer 9

unwanted behaviour that intends to intimate or humiliate someone.

Question 10

what is victimisation ?

Answer 10

bad treatments directed towards someone who has made a complaint or taken action under the equality Act.

Question 11

KEY ASPECTS of the Equality Act

Answer 11

It gives women to breastfeed in public.

Make pay secrecy clauses illegal

You cannot be legally prevented from disclosing your income to another person.

Reasonable adjustment

Must be made by employers for those with disabilities e.g., ramps

Encourages positive action

Encouraging people to apply for jobs in which people with that protected characteristic are under-represented.

Question 12

what is The Mental Capacity?

Answer 12

( capacity - the ability to make decisions )
this act provides a legal framework to protect and empower those who are unable to make some their own decisions. this could include people with learning difficulties, dementia , mental health disorder.

Question 13

the key aspects of The Mental Capacity ?

Answer 13

• A Presumption of capacity
  .. Every Adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is provided otherwise.
  … A care worker must not assume someone cannot make a decision for themselves just because they have a particular condition disability.
  – Support to make own decisions
  … A person must be given help before anyone treats them as not being able ti make their own decisions.
  – Right to make unwise decisions
  .. Just because an individual makes a decision which might be seen as unwise they should not be treated as a lack of mental capacity.
  … Everyone had the right to make what others may regard as unwise or economic decisions.
  – Best interests
  … Action taken or decisions made under the act on behalf of a person lacking capacity must be done in their best interest.
  ..Care workers should provide reasons to prove the decision are made in their best interest.
  .. you can involve the person or consider it can be put off until the person re gains capacity.

Question 14

The children Act 2004

Answer 14

Key aspects :

• Aims to protect children at risk of harm and keep them safe. This may involve taking a child away from their family may adversely affect the adults but may be the child’s best interest. children have the right to stay within the wider family circle whenever possible.
• The children have a right to be consulted. the act gives children who are mature/ old enough a voice; their wishes should be taken into consideration.
• Children have a right to an adovate. Every child and young person, whatever their background or circumstances.
• Encourages partnership working : practitioners need to ensure information is shared to help avoid miscommunication, particularly in child protection situations.
• • Creating the Children’s Commissioner and set up local safeguarding children boards to represent children interests.

Question 15

what is the Data Protection Act 1998?

Answer 15

the eight principles of the Act state that information and data should be:
- Proceeded fairly and Lawfully, meaning that inforamtion should be collected only with an individual’s permission. this information should be shared only on a ‘need to know’ basis.
- used only for the purpose for which it was intended.
information should be gathered only for a specific and necessary purpose and used only for that purpose
- Adequate and relevant but not excessive. Care workers should collect and use only information that is needed. For example, a detailed case history would be requires by a social worker in order to inform a care plan. the same level of information would not be requires by a nurse treating someone who had injured their ankle playing football.
- Accurate and keep up- to- date:
Inaccurate data should be destoryed or corrected. Care workers have a responsibility to ensure information is correct and systems should be in place for checking accuracy, for instance checking with a patient.
- Kept for no longer than is neccessary: Delete or destory information when it is no longer needed. For example, securely deleting or shredding sensitive or personal data.
- Processed in line with the rights of the individual.
‘Proceeded’ means how the information is used. People have a right to know if information is being held about them and how their information is being used. they have the right to have any errors corrected, and to prevent any data being used for advertising or marketing.
- Secured: Non-authorised staff/people should not be allowed to access to the information. the information, for example patient records, should be kept in secure conditions. clear guidelines should be a confidentiality policy.
– Not transferred outside the EU unless.
Information should not be transferred outside the EU unless the services user has given consent. This is because other countries may not have the same data protection legislation as the EU and so the data may not be secure.

Question 16

what is the children and family Act 2014?

Answer 16

The children and families Act include reforms for adoption needs and children in care

Question 17

the children and family Act 2014 - what is the role of the children’s Commissioners….

Answer 17

• The Act has given the Commissioner stronger powers.
• The commissioners has to focus on the rights of all children, including those in care or who are living away from home.
• The commissioners role is increased from representing the views and interest of children to promoting and protecting the rights of children.

Question 18

the children and family Act 2014 - parents who have a new child…

Answer 18

• Parental leave - mothers, fathers and adopters can opt to share parental leave so each can take time off work when they have a new baby.
• Fathers or mother’s partners can take unpaid leave to attend up to two antenatal appointments.
• Allows people who have time off to go to clinic appointments before their baby is born.
• Allows people who are going to adopt a child to have time off work to see the child and go to meetings about the adoption.

Question 19

the children and family Act 2014 - family courts and justice …

Answer 19

• introduced a 26 week deadline for the family court to rule in care proceedings.
• In case where parents are splitting up, the courts should help parents to do what is right for their child, not what parents might want.
• Courts are to take the view that after separation both parents should be involved in their lives, if it is safe and in the child’s best interest.
• introduced a single order called ‘ a child arrangements order’ to replace contact and residence orders.
  SEND ( children with special educational needs and disabilities)
  –> introduced Education and Health Care ( EHC) plans
  –> children needs are assessed in a holistic way with EHC plans.
  –> Gives rights to a personal budget for children with a EHC plans.
  –> when writing an EHC plan, families have to be involved in discussions and decisions about children’s care and education.
  –> Young people and parents must be informed by the local authority of support they are entitled to so they are aware of to choices that are available.
  –> schools to be provided with more support for children with medical conditions in order to meet their needs. This extends the choice for children to attend mainstream school if they choose to.
  –> The Act aims to get education, health care and social care services working together.

Question 20

what is the Human Rights Act 1998?

Answer 20

This Act applies to all public authorities. A public authority is an organisation that has a public function. e.g. all kinds of care homes, hospitals and social services departments. through a series of articles’ the Act sets out rights to which everyone is entitled. Some of the rights that are particularly relevant to health and social care….

Question 21

he Human Rights Act 1998 -Some of the rights that are particularly relevant to health and social care are …

Answer 21

• Right to Life: 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 practitioners; permission has to be obtained through the courts.
• Right to respect, privacy and family life: In a resident home privacy can be maintained by staff not discussing resident’s care where they can be overheard, and in health care by keeping a curtain round a hospital bed when treating a patient. Social care services provide support to enable individuals with physical or learning disabilities to live as independently as they can and have a family life.
• Right to liberty and security:
  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 danger to themselves.
• Right to freedom from Discrimination: These rights are further supports by the Equality Act 2010.
  – Right to Freedom of expression:
  individuals have their own opinions and should have the opportunity to express these. For example, health and social care services users have the right to choice and to consultation about their care and treatment.
  – Right to Freedom of thought, conscience and religion:
  Each individual has the right to their own faith and belief, which should be respects. For example, a primary school should celebrate not just Christmas but also other festivals, for example Hanukkah, Diwali

Question 22

The Care Certificate 2014 - what are the 15 standards are:

Answer 22

understand your role 
your personal development
duty of Care 
Equality and diversity 
working person-centred way
communication 
privacy and dignity
fluids and nutrition
Awareness of Mental health, dementia and learning disabilities
Safeguarding adults 
Safeguarding children 
Basic Life support 
Health and Safety 
Handling information 
infection prevention and control

Question 23

Applying Best practices include

Answer 23

Respecting the views, choices and decisions of individuals who require care and support anti-discriminatory practices - when you respect everyone view even though it might be different to yours.

Non-judgemental - tending not to judge other people harshly or unfairly : not too critical of other people. affirms the dignity of your patients and helps them have a voice in their health, social, child care settings.

Valuing diversity - recognizes differences between people and acknowledges that these differences are a valued asset. An example of how they could apply it is to add a pray room for each religion and or recognising cultural by having like a culture day or having different flags around the school from different countries.

using effective communication - it means they are able to listen to others, as well as successfully relay their own ideas and opinions. For example if someone is deaf in the hospital and there broke they leg they will need a translator someone who can do sign language to communicate well with the patient.

Following agreed ways of working policies and procedures that explain what employers expect of their workers. For example the manger explaining what she aspects of a new employer working in a school.

Provision of training and professional development opportunities for staff is the training process of developing staff to an agreed standard of competence so that they have knowledge and skills to carry out their role and tasks. This allows staff to have a good practice and their facilities to provide good qualities towards service users.

Mentoring, monitoring and performance management of staff use guided conversations and observations to report on performance and develop mentee talent.

Staff meetings to discuss issues/practice by doing this you will improve the staff members

Question 24

4 ways in which care workers can ensure understanding and awareness of how to promote best practice.

Answer 24

Applying best practice involves providing the care that is requiring to meet the needs of individuals. This improves the individuals’ self-esteem, making them feel valued, and enables them to have trust and confidence in the practitioners providing their care.

This is in turn can improve the individuals well-being by helping them to maintain their independence, make progress or have a speedier recovery.

Carry out skills audit or reflect on own practice by providing a personal development plan.

Staff good share good practices.