Legislations: LO3

Question 1

define legislation

Answer 1

laws that aim to protect people in society so that they can live a normal life without being discriminated against

Question 2

name the 8 different legislations in health and social care

Answer 2

care act 2014
health and social care act 2012
equality act 2010
mental capacity act 2005
children act 2004
the data protection act 1998
the human rights act 1998
the children and families act 2014

Question 3

define the care act 2014

Answer 3

an act for those being assessed or receiving health and social care

Question 4

give the 6 principles to the care act

Answer 4

empowerment
protection
prevention
proportionality
partnership
accountability

Question 5

name the 4 areas to the care act 2014:

Answer 5

duty of care to promote an individual’s wellbeing

continuity of care must be provided if an individual moves from one area to another

local authorities must carry out EHCP for young people with special educational needs or disabilities who require care and support after the age of 18

adult safeguarding

Question 6

explain the first area to the care act 2014

Answer 6

duty of care to promote an individual’s wellbeing:
- stay protected from abuse and harm
- make sure accommodation is suitable
information/ advice available for them to make their own decisions

Question 7

define EHCP

Answer 7

education, health and care plan

Question 8

explain the 2nd area to the care act 2014

Answer 8

continuity of care must be provided if an individual moves from one area to another
- services must provide people with the support/ advocacy services needed

Question 9

explain the 3rd area to the care act 2014

Answer 9

local authorities must carry out EHCP for young people with special educational needs or disabilities who require care and support after the age of 18
- children, parents, carers and others who LA deem necessary must participate
- can be requested by the child, parent or person of responsibility

Question 10

explain the 4th area to the care act 2014

Answer 10

adult safeguarding
- responsibility to ensure enquiries into cases of abuse and neglect
- establishment of safeguarding adult boards
- responsibility to ensure information is shared with professionals working together
- support for carers who are family or friends

Question 11

define the health and social care act 2012

Answer 11

an act for patients to have more control over their care

Question 12

give the 2 main principles to the health and social care act 2012

Answer 12

enabling patients to have more control over care they receive

ensuring those responsible for patient care, have freedom and care to commission care that meets local needs

Question 13

give the 5 methods of the health and social care act 2012

Answer 13

1) no decision about me without me
2) integrated care system
3) health and wellbeing boards
4) public health
5) healthwatch

Question 14

explain the 1st method of the health and social care act 2012

Answer 14

no decision about me without me
- the guiding principle for treating patients
- where patients are given greater freedom to choose services that meet their needs

Question 15

explain the 2nd method of the health and social care act 2012

Answer 15

integrated care system (ics)
clinical commissioning groups: a GP led group that commission most the health services, plan, agree and monitor most services in their area like dentists and pharmacies

Question 16

explain the 3rd method of the health and social care act 2012

Answer 16

health and wellbeing boards: meetings with health and social care commissioners , councillors, and a lay representative to promote joint working and inequalities in people’s health and wellbeing

Question 17

explain the 4th method of the health and social care act 2012

Answer 17

public health: an increased focus on the prevention and population health improvement e.g obesity, anti-smoking etc

Question 18

explain the 5th method of the health and social care act 2012

Answer 18

health watch: an independent service created by the Act, which has the role of communicating the views of patients to commissioning bodies and regulators

Question 19

what is the health and social care act 2012’s aim?

Answer 19

to improve the NHS’ performance

Question 20

define the data protection act 1998

Answer 20

an act which protects the information of living people who can be identified by the data

Question 21

give the 4 rules which make up the data protection act 1998

Answer 21

• information should only be collected by permission, used for the purpose it was intended and on a need-to-know basis
• collecting only adequate and relevant information
• the data should have a secure plan=only seen by those necessary and the settings should have a confidentiality policy
• data should not be transferred to other countries

Question 22

in the data protection act 1998, why must data not be transferred to other countries?

Answer 22

the countries might not have the same protective legislation

Question 23

define the children and families act 2014

Answer 23

an act that ensures that children can be better protected from abuse and neglect in their homes and community

Question 24

give the 9 parts to the children and families act 2014

Answer 24

part 1) adoption
part 2) family justice
part 3) children and young people with special educational needs and disabilities
part 4) childcare
part 5) child welfare
part 6) the children’s commissioner
part 7) statutory rights to leave and pay
part 8) time off work
part 9) right to request flexible working

Question 25

give the 8 elements to the children and families act 2014

Answer 25

adoption processes have been updated and made faster children in care get more rights the family justice system has been reformed to be faster and fairer on children rights of children with special educational needs have been strengthened child welfare in care and in school has been improved the childcare sector should see growing anticipation shared parental leave has been introduced so new mums and dads can split their time off a new children's commissioner role has been introduced to provide advocacy

Question 26

define the children act 2004

Answer 26

an act that aims to improve children's lives and includes services that every child can access, encouraging better services for children's welfare

Question 27

give the 7 elements to the children act 2004

Answer 27

protecting children for risk- including emergency protection orders children's needs must come first- acting in the child's best interest children have the right to be consulted children have the right to have an advocate children have the right to stay safe, be healthy, live in economic wellbeing - including education provision multi-agency contact set up children's safeguarding boards to represent children's interests

Question 28

define multi-agency contact

Answer 28

the sharing of information between professionals to avoid miscommunication

Question 29

define the human rights act 1998

Answer 29

a Uk law that sets out the fundamental rights and freedoms that everyone in the UK is entitled to

Question 30

define the mental capacity act 2005

Answer 30

an act which is important to safeguard, protect and empower vulnerable people

Question 31

name the 5 statutory principles to the mental capacity act 2005

Answer 31

principle 1: a presumption of capacity principle 2: individuals being supported to make their own decisions principle 3: unwise decisions principle 4: best interests principle 5: less restrictive option

Question 32

explain principle 1 to the mental capacity act 2005

Answer 32

a presumption of capacity - where every adult has the right to make his/ her own decisions and must be assumed to have capacity to do so, unless proved otherwise

Question 33

explain principle 2 to the mental capacity act 2005

Answer 33

individuals being supported to make their own decisions - where a person must be given all practicable help before anyone treats them as not being able to make their own decisions

Question 34

explain principle 3 to the mental capacity act 2005

Answer 34

unwise decisions - where people have the right not to be treated as lacking capacity merely because they make a decision that others deem as 'unwise'

Question 35

explain principle 4 to the mental capacity act 2005

Answer 35

best interests - where anything done for/on behalf of a person who lacks mental capacity, must be done in their best interests

Question 36

explain principle 5 to the mental capacity act 2005

Answer 36

less restrictive option - where someone making a decision/ acting on the behalf of someone lacking mental capacity, must consider whether it is possible to act in a way that would interfere less with the person's rights and freedoms

Question 37

define equality act 2010

Answer 37

a UK law protecting everyone from: - discrimination - harassment - victimisation

Question 38

what are the simplified existing laws that the equality act 2010 has combined?

Answer 38

sex discrimination act race relations act disability discrimination act

Question 39

what does the equality act 2010 prohibit discrimination in?

Answer 39

education employment housing access to goods and services

Question 40

who does the equality act 2010 apply to?

Answer 40

everyone

Question 41

give 2 examples of the equality act 2010

Answer 41

- women being allowed to breastfeed in public - reasonable adjustments that have to be made by employers eg: - installing ramps - computer software

Question 42

what does the equality act 2010 mean for employers?

Answer 42

it is unlawful for them to discriminate against a person due to their 9 protected characteristics

Question 43

define empowerment

Answer 43

the ways in which a carer encourages an individual to make informal choices/ decisions so that they take control of their own life

Question 44

define advocate

Answer 44

someone who voices the thoughts and wishes of someone who is unable to, ensuring the person's views are put forward and understood

Question 45

what does the care act 2014 provide for individuals?

Answer 45

choice protection from abuse and harm consultation

Question 46

what does the health and social care act 2012 provide for individuals?

Answer 46

choice equal and fair treatment consultation

Question 47

what does the equality act 2010 provide for individuals?

Answer 47

protection from abuse and harm equal and fair treatment

Question 48

what does the mental capacity act 2005 provide for individuals?

Answer 48

choice protection from abuse and harm equal and fair treatment consultation

Question 49

what does the childrens act 2004 provide for individuals?

Answer 49

protection from abuse and harm equal and fair treatment consultation

Question 50

what does the data protection act 1998 provide for individuals?

Answer 50

confidentiality protection from harm and abuse

Question 51

what does the human rights act 1998 provide for individuals?

Answer 51

confidentiality protection from abuse and harm equal and fair treatment right to life

Question 52

what does the children and families act 2014 provide for individuals?

Answer 52

choice protection from harm and abuse equal and fair treatment consultation right to life