LO3 - Legislation Flashcards
Key aspects of The Care Act 2014
●Places a duty on local authorities to promote an individuals well being when making decisions about them. For example, their dignity, protection from harm and abuse, mental health and emotional well being, social and economic wellbeing. [protection from harm and abuse]
●Continuity of care must be provided if someone moves from one area to another. This is important because this means there will be no gap in there care and support.[protection from harm and abuse]
●Carry out childs needs assessment (CNA) for young peoples who are likely to need care and support after they turn 18. [equal and fair treatment]
●Adult safeguarding. For examplle, responsibility to question and follow up cases of abuse/neglect [protection from harm and abuse]
Key aspects of health and social care act 2012
●No Decision About Me Without Me is the guiding principle by which patients are treated. Patients should be able to choose their own gp, consultant, treatment and hospital or other local health service.
●Clinical commissioning groups are GP led bodies that commission most health services including primary carer services such as GPs, dentists and pharmacies and secondary carer services which are services given by hospitals.
Key aspects of the equality act 2010
●Makes direct and indirect discriminatipn on the basis of a protected characteristric illegal. The 9 protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion, sex, sexual orientation. [equal and fair treatment]
●Prohibits discrimination in education, employment, access to goods and services and housing [equal and fair treatment]
●Covers victimization(-?) and harrassment on the basis of a protected characteristic [protection from harm and abuse]
Key aspects of the mental capacity act 2005
●Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise. So a care worker must not assume someone cannot make a decision for themselves just because they have a particular condition or disability. [right to choice] [equal and fair treatment]
●Adults must be given support to make own decisions. A person must be given all practicable help before anyone treats them as not being able to make their own decisions. For example, This might include presenting information in a different format for those with learning disabilities. [right to choice]
Key aspects of The Children Act 2004
●Created the childrens commissioner and set up childrens safeguarding boards to represent childrens interests. [Protection from harm and abuse]
●Protecting children at risk. For example this may involve taking a child away from their family using an emergency protection order or care order. The paramount principle is that the childs needs are protected. This situation may have an adverse effect on the adults and child but it may be in the childs best interests. [Protection from harm and abuse]
●Child has the right to be consulted. Children who are mature/old enough have a voice and their wishes should be taken in to consideration. [Right to consultation]
Key aspects of the data protection act 1998
●Processed fairly and lawfully. Personal info should only be collected with an individuals permission. This infomration should only be shared on a need to know basis with people directly involved in the patients care [right to confidentiality] [protection from harm and abuse]
●Accurate and kept up to date: inaccurate data should be destroyed or corrected. Care workers have a respnsibility to ensure information is correct and systems should be in place for checking accuracy, for instance checking with patients.
●Kept for no longer than necessary: delete or destroy information when it is no longer needed. For exampe, deleting/shredding personal data. [right to confidentiality] [protection from harm and abuse]
Rights of individuals in the UK:
Choice
Confidentiality
Protection from abuse and harm
Equal and fair treatment
Consultation
Right to life
The Human Rights Act (1998):
This gives you legal protection of your human rights, like your right to life.
Other examples of Rights covered under this legislation:
* Right to liberty and security
* Respect for your private and family life
* Freedom of thought, conscience and religion
* Freedom of expression
* Prohibition of discrimination
* Right to education
Children and Families Act (2014):
This act made changes to the safeguarding and child protection systems and services for children and families.
Example Content:
Adoption- adoptive parents will receive the same rights to leave and pay as birth parents.
Children with special educational needs (SEN) and disabilities- Local authorities must involve families and children in discussions and decisions relating to their care and education; and provide impartial advice, support and mediation services.
Child welfare- Councils must inform young people and parents of the support they are entitled to.
What are the national initiatives?
The Care Certificate 2014
Quality assurance i.e. inspections such as Ofsted, CQC (Care Quality Commission)
EHRC (Equality and Human Rights Commission)
NICE – National Institute for Health and Care Excellence
What is the care certificate 2014?
The Care Certificate consists of a set of standards that HASC workers must follow in their daily working life.
It provides clear evidence to employers, patients and people who receive care and support that the health or social care worker in front of them has been assessed against a specific set of standards and has demonstrated they have the skills, knowledge and behviours to ensure that they provide compassionate and high quality care and support.
What is quality assurance?
External bodies, such as CQC and Ofsted, who are involved in regulating and inspecting the quality of health, social care and child care environments.
What is the Care Quality Commission (CQC)?
●The regulator of health and social care for England. It registers and licenses care services to ensure
that essential standards of quality and safety are met, and monitors them to ensure they continue
to meet these standards.
●Inspection reports are published and if settings are found not to meet the required standards the CQC can take action such as warning notices and fines.
What is Ofsted (Office for Standards in Education)?
●Inspects and regulates services that care for children and young people and publishes a report that will identify good practice and areas for improvement.
●If a child care setting, which could be a childminder, a nursery or a school, is graded inadequate the setting is placed in special measures.
●The setting will be provided with support from the local authority, additional funding and resourcing to aid improvement.
What is Equality and Human Rights Commission (EHRC)?
Provides information to individuals so that they know their rights.
It also provides information
to organisations such as care homes, schools and hospitals to ensure that they know about
their responsibilities under equality law.
The commission can provice legal advice in cases of discrimination and will support individuals to take cases to court.
It has powers to force organisations to fulfil their equality responsibilities.
