LO3 Flashcards
Why is legislation important in health and social care?
Health, social care and childcare settings have a legal responsibility to keep
those in their care free from harm. Failure to do so can result in individuals
losing their jobs and facing prosecution and inspections from CQC.
The Human Rights Act
The Act enables specific rights to be given to every person living in the UK. It promotes for example the right to life, freedom from degrading treatment and respect for private and family life.
Health and Social Care Act 2008 (Care Quality Commission)
The Act established the Care Quality Commission(CQC) as the regulator to provide registration and inspection of health and adult social care services together for the first time, including primary care services such as hospitals, GP practices, dental practices and care homes
Care Act 2014
-The Act requires local authorities to make enquiries if an individual is being abused or neglected or is at risk of abuse or neglect.
-It requires local authorities to set up multi-agency safeguarding adult boards to review cases when individuals die as a result of abuse or neglect.
-It introduced Duty of Candour and Fundamental Standards on which all service providers are inspected.
Safeguarding Vulnerable Groups Act 2006
-The Act implemented the vetting and barring scheme (DBS) to ensure that people considered unsuitable to work with vulnerable adults and children are not able to do so.
Mental Capacity Act 2005
-The Act aims to protect and empower individuals who are unable to make choices and decisions for themselves.
-The Mental Capacity Act Deprivation of Liberty Safeguards (MCA DOLS) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 and came into effect on 1 April 2009
Equality Act 2010
-The Act protects people from discrimination harassment and victimisation due to protected characteristics
Mental Capacity Act Code of Practice 2014
-This code of practice gives guidance to people who work with and care for individuals who can’t make decisions for themselves.
Public Interest Disclosure Act 1998 (the ‘whistleblowing’ Act)
-The Act protects workers who disclose information about malpractice including abuse at their current or former workplace and provide the legal framework for whistleblowing
Safeguarding Adults 2005
-This guidance document provides a national framework of 11 sets of good practice standards to ensure the implementation of high-quality and consistent work in protecting vulnerable adults from abuse
The Rehabilitation of Offenders Act 1974
-The Act exists to support the rehabilitation into employment of reformed offenders.
-It aims to give those with convictions or cautions the opportunity to start afresh as some convictions or cautions can become spent after a specified period of time known as the rehabilitation period
Children Act 2004 – Every Child Matters
The Children Act 2004 established for England many reforms that underpin children’s services including:
- a Children’s Commissioner to champion the views
- interests of children and young people
-a duty on local authorities to make arrangements to promote co-
operation between agencies and other appropriate bodies including setting up local safeguarding children boards.
1)Being healthy,
2) Staying Safe,
3) Enjoying and achieving,
4) Making a positive contribution,
5) achieving economic wellbeing
Data Protection Act
-The Data Protection Act 1998 regulates the way in which personal data needs to be handled and therefore protects people’s data from being placed in the wrong hands which might make them more vulnerable to abuse
Disclosure and Barring Scheme, ‘No secrets’ (DoH 2008)
-How different agencies must work together to respond to, investigate and prevent abuse of vulnerable adults wherever possible
Working Together to Safeguard Children (2006)
-Working Together 2006 sets out how organisations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Children Act 1989 and the Children Act 2004
