Legislations: LO3 Flashcards
define legislation
laws that aim to protect people in society so that they can live a normal life without being discriminated against
name the 8 different legislations in health and social care
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
define the care act 2014
an act for those being assessed or receiving health and social care
give the 6 principles to the care act
empowerment
protection
prevention
proportionality
partnership
accountability
name the 4 areas to the care act 2014:
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
explain the first area to the care act 2014
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
define EHCP
education, health and care plan
explain the 2nd area to the care act 2014
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
explain the 3rd area to the care act 2014
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
explain the 4th area to the care act 2014
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
define the health and social care act 2012
an act for patients to have more control over their care
give the 2 main principles to the health and social care act 2012
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
give the 5 methods of the health and social care act 2012
1) no decision about me without me
2) integrated care system
3) health and wellbeing boards
4) public health
5) healthwatch
explain the 1st method of the health and social care act 2012
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
explain the 2nd method of the health and social care act 2012
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
explain the 3rd method of the health and social care act 2012
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
explain the 4th method of the health and social care act 2012
public health: an increased focus on the prevention and population health improvement e.g obesity, anti-smoking etc
explain the 5th method of the health and social care act 2012
health watch: an independent service created by the Act, which has the role of communicating the views of patients to commissioning bodies and regulators
what is the health and social care act 2012’s aim?
to improve the NHS’ performance
define the data protection act 1998
an act which protects the information of living people who can be identified by the data
give the 4 rules which make up the data protection act 1998
- 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
in the data protection act 1998, why must data not be transferred to other countries?
the countries might not have the same protective legislation
define the children and families act 2014
an act that ensures that children can be better protected from abuse and neglect in their homes and community
give the 9 parts to the children and families act 2014
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
give the 8 elements to the children and families act 2014
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
define the children act 2004
an act that aims to improve children’s lives and includes services that every child can access, encouraging better services for children’s welfare
give the 7 elements to the children act 2004
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
define multi-agency contact
the sharing of information between professionals to avoid miscommunication
define the human rights act 1998
a Uk law that sets out the fundamental rights and freedoms that everyone in the UK is entitled to
define the mental capacity act 2005
an act which is important to safeguard, protect and empower vulnerable people
name the 5 statutory principles to the mental capacity act 2005
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
explain principle 1 to the mental capacity act 2005
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
explain principle 2 to the mental capacity act 2005
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
explain principle 3 to the mental capacity act 2005
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’
explain principle 4 to the mental capacity act 2005
best interests
- where anything done for/on behalf of a person who lacks mental capacity, must be done in their best interests
explain principle 5 to the mental capacity act 2005
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
define equality act 2010
a UK law protecting everyone from:
- discrimination
- harassment
- victimisation
what are the simplified existing laws that the equality act 2010 has combined?
sex discrimination act
race relations act
disability discrimination act
what does the equality act 2010 prohibit discrimination in?
education
employment
housing
access to goods and services
who does the equality act 2010 apply to?
everyone
give 2 examples of the equality act 2010
- women being allowed to breastfeed in public
- reasonable adjustments that have to be made by employers eg:
- installing ramps
- computer software
what does the equality act 2010 mean for employers?
it is unlawful for them to discriminate against a person due to their 9 protected characteristics
define empowerment
the ways in which a carer encourages an individual to make informal choices/ decisions so that they take control of their own life
define advocate
someone who voices the thoughts and wishes of someone who is unable to, ensuring the person’s views are put forward and understood
what does the care act 2014 provide for individuals?
choice
protection from abuse and harm
consultation
what does the health and social care act 2012 provide for individuals?
choice
equal and fair treatment
consultation
what does the equality act 2010 provide for individuals?
protection from abuse and harm
equal and fair treatment
what does the mental capacity act 2005 provide for individuals?
choice
protection from abuse and harm
equal and fair treatment
consultation
what does the childrens act 2004 provide for individuals?
protection from abuse and harm
equal and fair treatment
consultation
what does the data protection act 1998 provide for individuals?
confidentiality
protection from harm and abuse
what does the human rights act 1998 provide for individuals?
confidentiality
protection from abuse and harm
equal and fair treatment
right to life
what does the children and families act 2014 provide for individuals?
choice
protection from harm and abuse
equal and fair treatment
consultation
right to life
