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Unit 7; Safeguarding > LO3; Understand legislation, regulatory requirements + guidance that govern the safeguarding of adults, young people + children > Flashcards

LO3; Understand legislation, regulatory requirements + guidance that govern the safeguarding of adults, young people + children Flashcards

1
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

What are the legislations that govern safeguarding?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • Human Rights Act 1998
  • Health and Social Care Act 2008 (Care Quality Commission)
  • Safeguarding Vulnerable Groups Act 2006
  • Disclosure and Barring Scheme, “No Secrets”
    (Department of Health 2000)
  • Mental Capacity Act 2005 and Deprivation of
    Liberty Safeguards
  • Equality Act 2010
  • Public Interest Disclosure Act 1998 (the
    “whistleblowing” Act)
  • Rehabilitation of Offenders Act
  • Children Act 2004 – Every Child Matters
  • Working together to safeguard children (2006)
  • Data Protection Act 1998
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2
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Human Rights Act 1998 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • enables specific rights to be given to every person living in the UK
  • promotes the right to life, the freedom from degrading treatment + respect for private and family
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3
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Health and Social Care Act 2008 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • established the Care Quality Commission (CQC) as the regulator to provide registration + inspection for health and adult social care services together for the first time, including primary care services, e.g. hospitals, GP practices, dental practices + care homes
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4
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Care Act 2014 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • requires local authorities to make enquires if an individual’s being abused, neglected, or is at risk of either abuse/neglect
  • requires local authorities to set up multiagency safeguarding adult boards to review cases, when individuals die, as a result, or abuse and/or neglect
  • introduced the Duty of Candour + Fundamental Standards on which all service providers are inspected
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5
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does Safeguarding Vulnerable Groups 2006 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • implemented the vetting + barring scheme to ensure that people considered unsuitable to work with vulnerable adults + children aren’t able to do so
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6
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Mental Capacity Act & Deprivation of Liberty Safeguards 2005 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • aims to protect + empower individuals who are unable to make their own choices/decisions
  • Mental Capacity Act & Deprivation of Liberty Safeguards 2005 was introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 + came into effect on April 1st, 2009
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7
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Equality Act 2010 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • protects people from discrimination, harassment + victimisation due to protected characteristics, including race, gender, disability, sexual orientation, transgender, religion & age
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8
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Public Interest Disclosure Act 1998 (the
“whistleblowing” Act) protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • protects workers who disclose info about malpractice, including abuse at their current/former workplace
  • provides the legal framework for whistleblowing
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9
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Rehabilitation of Offenders Act 1974 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • exists to support the rehabilitation into employment for reformed offenders
  • aims to give those with convictions/cautions the opportunity to start afresh, as some convictions/cautions can become spent after a specified period of time (known as a rehabilitation period)
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10
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Children Act 2004 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • many reforms that underpin children’s services including,
    - a children’s commission to champion the views + interests of children & young people
    - duty on local authorities to make arrangements to promote cooperation between agencies & other appropriate bodies, includ. setting up local safeguarding children boards
  • gave legal force to the 5 outcomes in Every Child Matters and are key to wellbeing in childhood + later life:
    1) being healthy
    2) staying safe
    3) enjoying + achieving
    4) making a positve contribution
    5) achieving econonmic wellbeing
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11
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Data Protection Act 1998 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • regulates the way in which personal data needs to be handled, so protects people’s data from being misplaced or in the wrong hands, making them more vulnerable
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12
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Disclosure and Barring Scheme, ‘No Secrets’ (Department of Health 2000) protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • ‘No Secrets’ (England) guidance sets out how different agencies must work together to respond to, investigate + prevent abuse of vulnerable adults wherever possible
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13
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does Working Together to Safeguard Children 2006 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • sets out how organisations + individuals should work together to safeguard & promote the welfare of children + young people, in accordance to Children Act 1989 and 2004
  • guidance was updated in 2013 and 2015
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14
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does Safeguarding Adults 2005 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • guidance document provides a national framework of 11 sets of good practice standards to ensure the implementation of high quality + consistent work in protecting vulnerable adults from abuse
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15
Q

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

How does the Mental Capacity Act; Code of Practice 2014 protect and safeguard individuals?

A

LO3.1 - Legislation + guidance that governs the safeguarding of adults, young people + children

  • code of practice gives guidance to people who work with and cares for individuals who can’t make decisions for themselves
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16
Q

LO3 - Legislation + guidance; Past Exam Questions:

Define the term ‘Whistleblowing’
[2]

A

LO3 - Legislation + guidance; Past Exam Questions:

The term is used when a worker passes on info (raises concerns) about wrongdoing/abuse. This will typically be something that they’ve witnessed at work

17
Q

LO3 - Legislation + guidance; Past Exam Questions:

Analyse how the Public Interest Disclosure Act 1998 protects the rights of whistleblowers
[6]

A

LO3 - Legislation + guidance; Past Exam Questions:

The Act protects workers from detrimental treatment/victimisation from employer if an employee’s dismissed, due to whistleblowing, this is unfair dismissal. Employees can, therefore, present a complaint to an employment tribunal.
Workers can whistleblow directly to commission + their identity can be protected

18
Q

LO3 - Legislation + guidance; Past Exam Questions:

Match each aspect with the correct legislation
Choose the legislation from the list of options numbered 1-7

Key aspects of current legislation:

  • This Act established the Care Quality Commission
  • This Act gave legal force to five key outcomes including ‘achieving economic wellbeing’ and ‘staying safe’
  • This Act implemented the vetting + barring service scheme
  • This Act gives individuals the right to life and respect for private + family life
List of options:
1 Human Rights Act 1998
2 Safeguarding Vulnerable Groups Act 2006
3 Mental Capacity Act 2005
4 Public Interest Disclosure Act 1998
5 Equality Act 2010
6 Children Act 2004
7 Health and Social Act 2008
[4]
A

LO3 - Legislation + guidance; Past Exam Questions:

Key aspects of current legislation:

  • The Act established the Care Quality Commission = 7 (Health and Social Care Act 2008)
  • The Act gave legal force to five key outcomes including ‘achieving economic wellbeing’ and ‘staying safe’ = 6 (Children Act 2004)
  • This Act implemented the vetting + barring service scheme = 2 (Safeguarding Vulnerable Groups 2006)
  • This Act gives individuals the right to life and respect for private + family life = 1 (Human Rights Act 1998)
19
Q

LO3 - Legislation + guidance; Past Exam Questions:

Outline key features of the Rehabilitation of Offenders Act
[6]

A

LO3 - Legislation + guidance; Past Exam Questions:

One of the aims of the Act is to enable offenders to gain future employment without having to declare some convictions under the Act, the conviction spent after a specified rehabilitation period. The period of time will depend on the length of the sentence given, not related to the offence committed.
Furthermore, an employer cannot refuse to employ someone if they have a spent caution/conviction unless an exception applies, e.g. working with children.

20
Q

LO3 - Legislation + guidance; Past Exam Questions:

Complete the sentences about key aspects of the legislation that safeguards adults, young people + children
Use the words from the list

whistleblowing, named protected, commisioner, rehabilitation established, promote, prohibition, prescribed

The Public Interest Disclosure Act 1998, also known as the __________ Act, aims to protect workers who report wrongdoings and outlines provision for disclosures to ‘____________ persons’

The Equality Act 2010 aims to reduce discrimination and included nine ___________ characteristics

The Children Act 2004 established the Children’s ____________ to promote awareness and understanding of the rights of children and young people

The Health and Social Care Act 2008 established a Care Quality Commission with the objective to protect and ___________ the health, safety, and welfare of people who use health and social care services

The Human Rights Act 1998 included a set of rights and freedoms that must be protected. These included the right to life and _____________ of torture
[6]

A

LO3 - Legislation + guidance; Past Exam Questions:

The Public Interest Disclosure Act 1998, also known as the WHISTLEBLOWING Act, aims to protect workers who report wrongdoings and outlines provision for disclosures to ‘PRESCRIBED persons’

The Equality Act 2010 aims to reduce discrimination and included nine PROTECTED characteristics

The Children Act 2004 established the Children’s COMMISSIONER to promote awareness and understanding of the rights of children and young people

The Health and Social Care Act 2008 established a Care Quality Commission with the objective to protect and PROMOTE the health, safety, and welfare of people who use health and social care services

The Human Rights Act 1998 included a set of rights and freedoms that must be protected. These included the right to life and PROHABILITATION of torture

21
Q

LO3 - Legislation + guidance; Past Exam Questions:

The Equality Act 2010 outlines protected characteristics including sex and age

State three other protected characteristics
1) _____________________ [1]

2) _____________________ [1]
3) ______________________ [1]

A

LO3 - Legislation + guidance; Past Exam Questions:

Any three from:

  • disability
  • sexual orientation
  • marriage + civil partnership
  • religion + belief
  • race
  • gender reassignment
22
Q

LO3 - Legislation + guidance; Past Exam Questions:

Outline key features of the Mental Capacity Act (2005)
[6]

A

LO3 - Legislation + guidance; Past Exam Questions:

Firstly, the Act gives people the right to make their own decisions if they have the capacity + are aged over 18. However, there are some exceptions to this, e.g. decisions about treatment for mental health problems + if you’re detained under the Mental Health Act. A key feature is that any decisions made must be in the user’s best interests + restricts their freedom as little as possible.
Furthermore, a mental capacity assessment may be carried out + can be used to give treatment for physical health problems. If users don’t have mental capacity, decisions can be made for them, e.g. health/residential care

23
Q

LO3 - Legislation + guidance; Past Exam Questions:

Define the term ‘lacking mental capacity’
[2]

A

LO3 - Legislation + guidance; Past Exam Questions:

When individuals are unable to make their own decision about care/treatment. This may be due to having a mental health condition or being unconscious due to an accident

Unit 7; Safeguarding (7 decks)

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