Legislation Unit 7

Question 1

Human Rights Act 1998

Answer 1

• Promotes right to life, freedom from degrading treatment and respect for private and family life
• It protects vulnerable individuals
• Forbids individuals being subject to certain maltreatment

Question 2

Health and Social Care Act 2008

Answer 2

• Established the CQC (which inspects services to ensure they provide high quality care and are safe environments)
• Safeguards people from suffering abuse or improper treatment while receiving care.
• It makes sure that care practices meet guidelines to ensure the safety of the service users

Question 3

Care Act 2014

Answer 3

• It requires LAs to make enquiries if an individual is being abused or neglected or is at risk
• It requires LAs to set up multi-agency safeguarding adult boards to review cases when an individual dies as a result of abuse or neglect

Question 4

Safeguarding Vulnerable Groups Act 2006

Answer 4

• Vetting and barring scheme - ensures that people who are considered unsuitable to work with vulnerable adults and children are not able to do so
• Provides a system for Employers to check the suitability of Employees or Volunteers, to work with children or vulnerable adults.
• The DBS now administers the Vetting and Barring Scheme. The DBS decides whether an individual should be barred

Question 5

Mental Capacity Act 2005 and Deprivation of Liberty Safeguards

Answer 5

• It aims to protect and empower individuals who are unable to make their own decisions
• A person must be assumed to have capacity unless proven otherwise
• Any decisions made on behalf of someone who lack mental capacity must be done so in their best interest
• A person is not to be treated as unable to make decisions merely because it is seen as an unwise decision.

Question 6

Equality Act 2010

Answer 6

• It protects people with protected characteristics from discrimination
• Race, gender, disability, sexual orientation, religion, marriage and civil partnership, pregnancy and maternity and age
• Provides a legal framework to protect individual’s rights
• Provides a discrimination law which protects individuals from unfair treatment

Question 7

Public Interest Disclosure Act 1998

Answer 7

• It protects workers who disclose information about malpractice in their current or former workplace
• Provides the legal framework for whistleblowing
• Protects workers from harmful treatment or victimisation from their employer
• If an employee is dismissed because they have made a protected disclosure that will be treated as unfair dismissal.

Question 8

The Rehabilitation of Offenders Act 1974

Answer 8

• Supports the rehabilitation into employment of reformed offenders
• Gives those with convictions the opportunity to start afresh

Question 9

Children Act 2004 - Every Child Matters

Answer 9

• Established a children’s commissioner to champion the views and interests of children
• A child-centred approach - interests of children are paramount
• Gave legal force to the five outcomes included in Every Child Matters
  1 - Being healthy
  2 - Staying safe
  3 - Enjoying and achieving
  4 - Making a positive contribution
  5 - Achieving economic wellbeing

Question 10

Data Protection Act

Answer 10

- Data protection principles:
Processed fairly and lawfully
Used only for the purpose it was intended 
Kept for no longer than necessary
Not transferred outside of the EU