LO3 - legislations Flashcards
The Care Act 2014
Local authority (LA) must promote individuals wellbeing - personal dignity, protection from abuse and neglect, physical and mental health
Continuity of care - care provided if someone moves from one geographical area to another so there is no gap in care support
Local authorities duty to carry out Child’s Needs Assessment (CNA)
Independent advocate to be made available
Adult safeguarding - look into cases of abuse and neglect
Local authorities need to prevent the need of support
The Health and Social Care Act 2012
No decision about me without me
Health and wellbeing boards - NHS and local authorities improve health and reduce inequalities
Public health - local council now have a responsibility for public health and population health improvement, focus on prevention for things such as smoking, obesity and vaccinations
Healthwatch - communicating the views of the patients to the commissioning bodies and regulators
Clinical commissioning group
The Equality Act 2010
Makes it illegal to directly/indirectly discriminate against the protected characteristics
Reasonable adjustments have to made by the employer
Women can breastfeed in public
Encourages positive action - taking steps to support those with a protected characteristic so they have the same chance
Pay secrecy clauses now illegal - you can’t be legally stopped from disclosing your income to another person
The Mental Capacity Act 2005
- Presumption of capacity - must be assumed to have capacity unless proven otherwise. Care worker can’t assume you don’t have capacity because you have a certain disability. Carry out ‘functional test of capacity’
- Support to make their own decisions - person must be given all practicable help before being treated eg having the info presented to them in a different way.
- Unwise decisions - can’t be treated as lacking capacity if you have a different belief/think differently
- Best interests - Actions taken/decisions made on the behalf of the individual should be done in their best interest. Care workers should prove that the decision made is in the individuals best interest
- Less restrictive option - anything done for or on the behalf of the person lacking capacity should be least restrictive of their rights eg you can’t lock them in their room and not let them leave because that doesn’t respect their rights.
The Children Act 2004
Paramountcy principle - child’s needs must come first
The child has the right to be consulted - their wishes taken into account
They have the right to an advocate - Every Child Matters (ECM)
Encourages partnership working - practitioners share all information to avoid miscommunication
Created the Children’s Commissioner - represent children’s interests
The Data Protection Act 1998 - GDPR
Data must be processed fairly and lawfully - ‘need to know basis’
Used only for the purposes for which it was intended
Adequate and relevant but not excessive
Accurate and kept up to date
Kept for no longer than is necessary
Processed in line with the rights of the individual
Secured - password protected
Not transferred to other countries outside the EU
The Children and Families Act 2014
Children’s Commissioner - represents children’s views and ‘promotes and protects’ rights
Parents who have a new child get parental leave and mothers, fathers and adopters can opt to share parental leave
They can also have unpaid leave to go to 2 appointments
Family courts and justice - 26 week deadline to rule on care proceedings, parent split choice must be made with the child’s best interest in mind
SEND - introduced Education and Health Care (EHC) plans
The Human Rights Act 1998
Right to life - NHS must provide medication and treatments to preserve life and an indiviudal practitioner can’t decide to turn off life support it has to be obtained through the courts
Right to respect, privacy and family life - in a residential home privacy must be kept, social care services provide support to enable individuals with physical/learning disabilities to have a family life
Right to liberty and security - individual can’t be detained/deprived or freedom unless committed serious crime or assessed under Mental Health Act that they are a danger to themselves or others
Right to freedom from discrimination - these rights are supported by the Equality Act 2010
Right to freedom of expression - individuals have their own opinions and should have the opportunity to express these e.g. patients have the right to choice over their treatment
Right to freedom of thought, conscience and religion - individual has right to their own faith/belief and should be respected. E.g. primary school should celebrate all festivals like Diwali not just Christmas
