LO3- Legislation and national initiatives Flashcards
The equality act 2010
- 9 protected characteristics- can’t be discriminated against
- no discrimination in education, employment, access to services or housing
- reasonable adjustments need to be made- eg. wheelchair ramps and prescriptions in braille
- breastfeeding in public is allowed
- no more pay secrecy clauses
The health and social care act 2012
- no decisions about me without me
- clinical commissioning groups- decide what funds for the local area are spent on
- health and wellbeing boards- look at health inequalities in the local area
- healthwatch- asks people about their opinions on the care- collective voice of patients
The impact of legislation and national initiatives?
- person centred care
- empowerment
- accessible services
- provides a system of redress
- clear guidelines for practitioners to follow
- policies must be written
- raises standard of care
- interview process
what is a system of redress?
- to put things right
- 2 ways: punishment and compensation
What are the 8 laws?
- The Equality Act 2010
- The Health and Social Care Act 2012
- The Care Act 2014
- The Mental Capacity Act 2005
- GDPR 2018
- The Children Act 2004
- The Human Rights Act 1998
- The Children and Families Act 2014
The Care Act 2014
- local authority responsibility- anyone who is disabled/ in need of care are Local Authoritie’s responsibility- they have to ensure that they are safe and cared for
- continuity of care- if someone switches LA then they must recieve the same csre that they did in the old one
- assessments- the indvidual’s needs must be assessed
- advocates- someone must speak on an individual’s behalf (must be an independatnt advocate)
- safegaurding adult boards- discuss how to protect people from abuse/ how to prevent death from abuse
The Mental Capacity Act 2005
- presumption of capacity- everyone should be presumed as having capacity until it is proven otherwise
- support to make decisions- giving someone help so that they can make their own decisions
- unwise decisions must be allowed
- best interests- if decisions must be made for the individual then they must be made in their best interest
- least restrictive option- if a decision must be made it should have the least impact on the individual
The children Act 2004
- children are always the priority- paramount principle- the needs of the children come first
- child has to be consulted- speak to the child alone
- every child matters- 5 outcomes
- partnership working- working together with different agencies/professionals
- children’s commissioners- responsible for looking out for the rights of children- speaking on the behalf of children
GDPR 2018
- data should only be used for the purpose in which it was intended for
- data should be adequate but not excessive
- data should be collected lawfully
- data should be accurate and up-to-date
- data should be kept for no longer than is necessary
- data should be kept secure
What are the 5 outcomes of every child matters?
- staying safe
- being healthy
- enjoying and achieving
- making a positive contribution
- economic well being
The Human Rights Act 1998
- right to life- no one should take/shorten a life, right to have your life prolonged
- right to freedom from discrimination- no one should discriminate against you
- right to liberty and security - right to be free + do what they want (within reason)
- right to freedom of expression- you are allowed to have your own opinion and your own likes
- right to respect, privacy and family life
The Children and Families Act 2014
- parental leave- both males and females can have parental leave- it is your choice on how you want to take your leave
- 26 week deadline- faster family court decisions
- both parent involved- do what is right for the child
- EHCP- every child that has a learning need will be given a plan to ensure their needs are met- the plan will be personalised- may decide the budget that children get
- involve families- families know what is best for the child as they know what the child needs
what is the care certificate?
Sets out the minimum standards that should be covered in training for ‘unregulated’ health and social care jobs
why is the care certificate needed?
so all care workers have the same skills and knowledge to provide safe and quality support
how many standards are there in the care certificate?
15
give 5 examples of the care certificate?
- understanding your role
- your personal development
- duty of care
- equality and diversity
- work in a person-centred way
who are the two regulatory bodies?
OFSTED
CQC
what do the Equality and Human Rights Commission do?
provides information, advice and guidance about discrimination
What are the national initiatives?
Care Certificate
Equality and Human Rights commission
Care Quality commission and OFSTED
National Institute for Health and Social Care Excellence (NICE)
what does NICE do?
assesses new drugs and treatments and provides guidelines for how health and social care settings can best support people
