LO3 Flashcards
1
Q
THE HUMAN RIGHTS ACT 1998
A
2
Q
KEY FEATURES
A
- Sets out our rights including the Right to Life.
- If breached, you can take legal action. (System of redress.)
3
Q
HOW IT HELPS AND PROTECTS THE INDIVIDUALS
A
- Empowered to know their rights and act if they are broken.
- Provides a system redress.
- Gives people constitutional rights, including vulnerable adults.
- Positive duty on ‘public bodies’ to act compatibly with the 1950 European Convention on Human Rights; to intervene proportionately to protect the rights of citizens.
4
Q
HEALTH AND SOCIAL CARE 2008
A
5
Q
KEY FEATURES
A
- Established the Care Quality Commission (CQC)
6
Q
HOW IT PROTECTS AND SAFEGUARD INDIVIDUALS
A
- Regulator ensures that quality of care is maintained.
- Respect and involves people who use services
- Consent to care and treatment
- Personalised care, treatment and support
- Care and welfare of people who use services
- Cooperating with other providers
- Safeguarding and safety
- Safeguarding people who use services from abuse.
- Carry out reports and provide recommendations to improve.
7
Q
THE EQUALITY ACT 2010
A
8
Q
KEY FEATURES
A
- Protected characteristics (Age, Disability, Sexual Orientation, Marriage and Civil Partnership, Gender Reassignment, Pregnancy and Maternity, Race and Sex).
- Protects people from direct and indirect discrimination
- Legal action – system of redress
- Make reasonable adjustments for disabilities
- Protects against discrimination within the workplace and in education
- Protects against discrimination and harassment
9
Q
HOW IT HELPS TO PROTECT AND SAFEGUARD INDIVIDUALS
A
a) Prohibit sex discrimination in education, employment, access to goods and services, management of premises, housing
b) Covers direct and indirect discrimination
c) Covers victimisation/harassment
d) Changed the definition of gender re-assignment
e) Discrimination on the basis of a protected characteristic.
f) Perception/association/third party is now an offence
g) Pay secrecy clauses have been made illegal
h) Adjustments for disabled persons
10
Q
DATA PROTECTION ACT 1998
A
11
Q
KEY FEATURES
A
Data must be:
- Processed fairly and lawfully – this protects as only information that is provided by the service user has to have their permission for it to be used. Personal information can only be used on a ‘need to know basis’.
- Used only for the purposes for which it was intended – this protects as the information cannot be used for other purposes thus maintaining the confidentiality of the personal information.
- Adequate and relevant but not excessive – this protects as unnecessary private and personal information will not be provided and therefore this will protect the service user.
- Accurate and kept up to date – this protects due to any inaccurate information will need to be destroyed and any past personal data, e.g. address can be destroyed and no longer available.
- Kept for no longer than is necessary – this protects as once this information is no longer needed it can be permanently destroyed, meaning that no one can access this.
- Processed in line with the rights of the individual – this protects as the service user will be made aware of the information that is held about them; they would have the right to challenge this if they considered the information breached their rights.
- Secured – this protects as non-authorised personnel will not have access to this data.
- Not transferred to other countries – this protects as their data cannot be transferred outside the EU without their permission
12
Q
HOW TO PROTECT AND SAFEGUARD INDIVIDUALS
A
Data must be:
- Processed fairly and lawfully (with informed consent of the subject)
- Obtained only for legal purposes
- Adequate and relevant for the purpose
- Accurate and up to date
- Not kept longer than is necessary
- Subject to appropriate security measures
- Not transferred to any country outside the .
- European Economic Area, unless in the opinion of the Information commissioner’s office, that country has adequate systems for its protection.
- The Act requires particular care to be taken with sensitive personal information. This would include, for example, data about a person’s ethnicity, religious beliefs, physical and mental health, sexual matters.
13
Q
THE MENTAL CAPACITY ACT 2005
A
14
Q
KEY FEATURES
A
- People to make decision on behalf of the individual to ensure that their views are heard – advocate!
- Unwise decisions
- Support to make decisions
- Less restrictive option
- Gives right to make your own decisions if you have capacity and are aged 18 or over. There are a few exceptions, such as decisions about treatment for mental health problems if you are detained under the Mental Health Act 1983.
- Users are assumed to have capacity
- Users should receive support to make your own decisions before anyone assumes you don’t have capacity
- Any decisions made must be in users best interests and restrict freedom as little as possible.(best interest checklist)
- Applies if users do not have the mental capacity to make a decision that needs to be made, for example about healthcare or residential care.
- Mental capacity assessment
- Can be used to give treatment for physical health problems
- States how users can plan ahead
15
Q
HOW TO PROTECT AND SAFEGUARD THE INDIVIDUAL
A
- Gives adults rights to make their own decisions
- A person is given all practicable help before anyone treats them as not being able to make their own decisions
- An unwise decision does not presume incapacity
- Anything done or a decision made on behalf of a person who lacks capacity must be done in their best interest.
