Theme 2: Legislation Flashcards
What is the human rights act?
The Human Rights Act gives you legal protection of your human rights, such as your right to life, or your right to a fair trial.
Who needs to follow the Human Rights Act?
All public authorities or bodies exercising public functions, including:
police
NHS employees
Article 2: Right to life
Article 3: Prohibition of torture
Article 4: Prohibition of slavery and forced labour
Article 5: Right to liberty and security
Article 6: Right to a fair trial
Article 7: No punishment without law
Article 8: Respect for your private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry
Article 14: Prohibition of discrimination
Article 1 of Protocol 1: Protection of property
Article 2 of Protocol 1: Right to education
Article 3 of Protocol 1: Right to free elections
Article 1 of Protocol 13: Abolition of the death penalty
What is the mental health act?
The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated.
The term “mental health disorder” is used to describe people who have:
a mental illness
a learning disability
a personality disorder
Being detained (also known as sectioned) under the Mental Health Act is when you’re made to stay in hospital for assessment or treatment.
It’s important that you know what happens to you when you’re detained, what your rights are, and where you can seek help.
The Mental Health Act Code of Practice tells everyone how to use this law and what they must do.
The leaflets below explain in detail:
what information you should get if you’re sectioned
what health professionals should or shouldn’t do
what your rights and choices are
What is the mental capacity act (2005)
The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.
It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
Examples of people who may lack capacity include those with:
dementia
a severe learning disability
a brain injury
a mental health condition
a stroke
unconsciousness caused by an anaesthetic or sudden accident
But just because a person has one of these health conditions does not necessarily mean they lack the capacity to make a specific decision.
Someone can lack capacity to make some decisions (for example, to decide on complex financial issues) but still have the capacity to make other decisions (for example, to decide what items to buy at the local shop).
The MCA says:
assume a person has the capacity to make a decision themselves, unless it’s proved otherwise
wherever possible, help people to make their own decisions
do not treat a person as lacking the capacity to make a decision just because they make an unwise decision
if you make a decision for someone who does not have capacity, it must be in their best interests
treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms
The MCA also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future.
People should also be provided with an independent advocate, who will support them to make decisions in certain situations, such as serious treatment or where the individual might have significant restrictions placed on their freedom and rights in their best interests.
What is the equality act?
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.
It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
Find out more about who is protected from discrimination, the types of discrimination under the law and what action you can take if you feel you’ve been unfairly discriminated against.
What is the childrens act 1989
The current child protection system in England is grounded in the Children Act 1989, as amended. The Act establishes a number of key principles, including
the concept of parental responsibility.
the paramount nature of the child’s welfare when a matter under the Act is before a court.
that children are best looked after by their family unless intervention in family life is essential.
The Act places a general duty on local authorities to promote and safeguard the welfare of children in need in their area by providing a range of services appropriate to those children’s needs. It additionally sets out what a local authority must do when it has reasonable cause to suspect that a child in its area is suffering, or is likely to suffer significant harm.
What is the childrens act 2004
Following Lord Lamming’s inquiry into the murder of Victoria Climbié, the Children Act 2004 made a number of key changes to the child protection framework. Further changes were made by the Children and Social Work Act 2017, which amended the 2004 Act in a number of areas.
Among other things, the 2004 Act, as amended:
places a duty on local authorities in England to make arrangements to promote co-operation with key partners and local agencies, with a view to improving the well-being of children in the authority’s area.
places a duty on a range of agencies, including local authorities, the police and health services, to ensure that they consider the need to safeguard and promote the welfare of children when carrying out their functions.
establishes the roles and responsibilities of safeguarding partners (the local authority, NHS Clinical Commissioning Groups and the police), which are responsible for determining how safeguarding arrangements should work in their area.
What is the data protection act
The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.
Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
used fairly, lawfully and transparently
used for specified, explicit purposes
used in a way that is adequate, relevant and limited to only what is necessary
accurate and, where necessary, kept up to date
kept for no longer than is necessary
handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage
What is the health and saftey at work act 194
The Health and Safety at Work etc. Act 1974 is an Act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
