LO3 Flashcards
what is legislation?
The law passed by parliament that we must follow. It has a set of rules that we must follow.
Protects the rights of individuals
The equality act 2010
-equal chances
-same opportunities and choices
-provide reasonable adjustments
-women have the right to breastfeed in public
-pay secrecy clauses are now illegal
-encourages positive action - illegal to discrimination, tackle discrimination
-protection from transsexuals and people associated with transexuals
-Linked to new EHRC - equality human rights commission
reasonable adjustments for the equality act 2010
-ramp access
-walking frames - wheelchair
-accessible areas - wide doors
-hearing loops
-radio aid
-letters / signs
-interpreter
-leaflet in variety of languages
-choice of male/female doctor
-menu options (vegan, halal, koisher)
Mental capacity act 2005
The ability to make safe decisions about care and health needs.
It is a framework that protects and empowers people who are unable to make some of their own decisions
-decisions make in the persons best interests
-puts the person first
-covers people 16+
-for example this could be people with dementia, learning disabilities, mental health problems and sensory or head injuries.
-also through the influence of drugs & alcohol, accidents.
the 5 statuary principles of the mental capacity act
it has five statutory principles
(they key areas to work towards - guidelines. by law we must follow)
- presumption of capacity = unless proven otherwise - mental capacity assessment.
- support to make own decisions = break things down and explain in a way which they understand. gives them control and decision making powers and choice. provide an advocate.
- unwise decisions = be accepting of what’s seen as unwise
- best interests = they come first
- less restrictive option = freedom as possible
Mental capacity act……
-it allows people to appoint a trusting person to make decisions if we lack the capacity in the future.
-people should also be provided with an independent advocate who will support them to make decisions. being non judgmental, help break down information and supports decision making.
health and social care act 2012
-brought in changes to the structure of the NHS, public health and social care. this held people accountable.
-guiding principle: (must important must follow)
“no decision about me without me”
(consultation and choice of GP, treatment, consultant, hospital etc)
-kept information
-decision making powers
-not allowed to make decisions for a person
-advocate
-introduced “clinical commissioning groups”
Gp led bodies that purchase medical services from NHS trusts, independent providers or charities.
-created “health and well-being boards”
representatives from health and d.c. social care, children’s services, councillors etc - “joint working” to tackle inequalities in local area. giving people the same access to services, opportunities and chances.
-local councils taking over public health eg organisations of screening services
.appointments, screenings available, pop up screening services.
.took the pressure off the NHS.
-created “health watch” - gives patients a greater voice, speak out, complain, give feedback.
independent committee which will represent views of health and social care users. (protect our interests) pass feedback back to CCG’s and regulators.
care quality commission
-often for HASC services
-regulate, inspect and grade
- complete an application, be registered
-CQC to open up something
are they safe?
are they effective?
are they caring?
are they responsible to peoples needs?
outstanding
good
requires improvement
inadequate -> fine, power to close, notice to improve, re inspection
children act 2004
every child matters
ECM’s:
Staying safe
Healthy
Enjoy and achieve
Economic well-being
Positive contribution
CHILDREN ACT 2004
-additions to children act 1989 (paramouncy principle) The child’s welfare is the most important. giving extra support
-every child matters SHEEP
-closer joint working between different agencies. multi agency working - sharing information about safeguarding concerns
-duty on all agencies to make arrangements to safeguard and promote the welfare of children. DBS enhanced - barred list.
-children have the right to an advocate
and to be consulted
-unexpected child deaths to be reviewed
-safeguarding training - identify signs of abuse and reporting abuse
the data protection act 1998
what are the 7 principles ??
- processed lawfully and fairly
- used only for the purposes which it was intended
- adequate and relevant but not excessive
- accurate and kept up to date.
- kept for no longer than necessary
- processed within the rights of the individual
- secured
the data protection act 1998
first principle
processed lawfully and fairly:
-collected only with individuals permission
-only shared on a ‘need to know’ basis
the data protection act 1998
second principle
used only for the purposes it was intended
-only gathered for a specific and necessary purpose
-only used for that purpose
the data protection act 1998
3rd principle
adequate and relevant but not excessive
-only collect and use information that is needed
the data protection act 1998
4th principle
accurate and kept up to date
-inaccurate data should be destroyed or corrected
-care workers are responsible to ensure information is correct
the data protection act 1998
5th principle
kept for no longer than necessary
-information should be deleted or destroyed (eg shredded) when no longer needed
the data protection act 1998
6th principle
processed within the rights of the invidual.
people have the right to…..
-know if info is held about them
-see that information
-know how the info will be used and who will use it
-prevent its use for marketing / advertising
-have any errors corrected
the data protection act 1998
7th principle
secured
-non authorised people not allowed access to info
-info should be kept in secure conditions (eg passwords, locked cabinets)
-guidelines in place to show who has access to information
-organisation should have a confidentiality policy eg no gossiping / private conversations
the children and families act 2014
first 5 key points
- adoption agencies will not longer have to search for a perfect or even partial ethnic match between potential adopters and children - this is to speed up adoption process. -> less time on adoption register and less time in foster care
- gives potential adopters access to the adoption register so they can search the data base themselves
- adoptive parents will receive the same rights to leave and pay as birth results. -> paternity / maternity leave. the right to have special leave for independence
- creation of child minder agencies - to provide child minders with training and business advice -> support, less isolated
- children and young people with special educational needs and disabilities will be assessed and given an EHC plan (education health and care) to support the families until child is 25. -> reasonable adjustments. support.
the children and families act 2014
last 5 points
- formalises “staying put” arrangements where a child remains with a foster family until the age of 21, so long as all are happy to do so. -> stability and support
- free school meals must be provided on request for all children in reception, year 1 and year 2 at state funded schools. -> inspite of income. 1 nutritious meal per day. Marcus Rashford free school meals - advocate
- Banning of smoking in cars containing passengers under the age of 18. -> decrease illness, asthma, cancer related, smoking.
- introduced a 26 week deadline for the family court to rule on care proceedings
- expanding the children’s commissioner role, just from representing views of children to now promoting and protecting the rights of children.
the care act 2014
This Act relates to those being assessed or receiving social care and their carers.
o Duty on local authorities to promote an individuals’ well-being when making a decision about an individual. E.g. Their personal dignity, protection from abuse and neglect, physical, mental health, emotional well-being, social and economic well-being, suitability of living environment and control by the individual for everyday life including care and support.
oContinuity of care must be provided so if somebody moves from one area to another there will be no gap in their care or support.
oDuty on local authorities to carry out Child’s Needs Assessments (CNAs) for young people where there is likely to be a need for care and support after they are 18 years old.
oIndependent advocate is to be available to facilitate the involvement of an adult carer who is the subject of an assessment, care or support planning or review.
oAdult Safeguarding. This includes; responsibility to ensure enquiries into cases of abuse and neglect, establishing Safeguarding Adults Boards and responsibility to ensure information sharing and inter professional working.
oLocal Authorities have to guarantee preventative services which could help reduce or delay the development of care and support needs, including carers’ support needs.
what is quality assurance?
-improving services
-good quality care and education
-raising and improving standards
what is OFSTED & CQC
regulating and inspecting in health, social and child care services
care quality commission
-regulates, issues licenses and impacts all health and social care services in England
-for example, all hospitals, doctor surgeries, residential care home etc
outstanding
good
requires improvement
inadequate
outstanding = best care is expensive
requires improvement = notice to improve
inadequate = forced to close, fines, imprisonment, bad reputation, lose buisness
are they safe?
are they caring?
are they effective?
are they responsive for people’s needs?
are they well-led?
-inspections measure if essential “standards” of quality and safety are met
-inspection reports are published -> in the public remain, we have the right to see the reports. on the CQC website, settings website. settings display CQC rating. allows us to make informed decisions
-of standards are not met, then actions can include warnings, fines and closures
OFSTED
office for standards in education
-inspects and regulates services that care for children and young people
-publishes a report that identifies good practice and areas for improvements -> reports are available 6 weeks after. in the public demain. OFSTED website. settings website
-if a child care setting is graded “inadequate” the setting is placed in “special measures”
-the setting will be provided with extra support, funding and resources to aid improvement.
equality human rights commission
-provides information to people so that they know their rights - website. leaflets in a variety of languages / subtitles / sign language / chat line
-also provides information to organisations such as care homes, schools and hospitals to ensure that they know about their responsibilities under equality law -> advice and guidance
-provides a very informative website / literature on equality act
-can provide legal advice in cases of discrimination-> free, support through process with advice and guidance
-will support individuals to take cases to court
-has powers to force organisations to fulfil their equality responsibilities-> court/fined/sued/lose registration
national institute for health and care excellence (NICE)
-provides guidance and advice for health and social care practitioners
-goal is to improve outcomes for people using these services -> prolong life, successful treatment, advice on best treatment plans
-consider whether treatments / medication will help patients
-consider whether treatments /medication is value for money and will it help NHS meet its targets
-gives guidance on how certain conditions should be affected
-provides information for those managing / providing health and care services
care certificate
-upskilling the workforce, takes around 12 weeks, you can be assessed on the job, better caters, qualifications.
-the standards - understand your role, your personal development, duty of care, equality and diversity, work in a person-centred way,communication, privacy and dignity, fluids and nutrition, awareness of MH, dementia and learning disabilities, safeguarding children, basic life support, health and safety, handling information, infection, prevention and control
-must be supervised until signed off, part of induction, can he online or in person.
human rights act 1998
The right to liberty and security
the right to life
the right to freedom of expression, freedom from discrimination
This Act applies to all ‘public authorities. This is an organisation that has a public function – all care homes, hospitals, social services departments etc. Through a series of ‘articles’ the Act sets out rights to which everyone is entitled.
•Right to life:
Services like the NHS provide medication and treatments to preserve life. Decisions to turn off a life-support machine cannot be made by an individual practitioner; permission has to be obtained through the courts.
•Right to respect, privacy and family life:
In a residential home privacy can be maintained by staff not discussing residents’ care where they can be overheard or in a hospital keeping the curtain round a bed when treating a patient. Social care services providing support to enable people with physical or learning disabilities to live as independently as possible and to have a family life.
•Right to liberty and security:
An individual cannot be detained or deprived of their freedom unless they have committed a seriouscrimeorhavebeenassessedunder theMentalHealthActasbeingadangerto themselves or others.
•Right to freedom from discrimination:
These rights are further supported by The Equality Act 2010.
•Right to freedom of expression:
Individuals have their own opinions and should have the opportunity to express them. I.e. In 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:
Every person has the right to their own faith and beliefs, which should be respected. An example of this is in a primary school celebrations should include Hanukkah and Diwali as well as Christmas.
