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Health and Social Care > UNIT 2: LO3 > Flashcards

UNIT 2: LO3 Flashcards

1
Q

What is legislation?

A

A collection of laws passed by Parliament. These laws state and protect the rights and entitlements of individuals and organisations.

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2
Q

What are the 8 key pieces of legislation?

A
  • Care Act 2014
  • Health and Social Care Act 2012
  • Equality Act 2010
  • Mental Capacity Act 2005
  • Children Act 2004
  • Data Protection Act 1998
  • Children and Families Act 2014
  • Human Rights Act 1998
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3
Q

What is the Care Act 2014?

A

Relates to those being assessed or receiving social care and their carers.

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4
Q

What obligations does the Care Act 2014 put in place for local authorities? (WAASP)

A
  • Duty of local authorities to promote an individual’s wellbeing of care
  • Duty of local authorities to carry out Child’s Needs Assessments (CNA)
  • An independent advocate to be available
  • Adult safeguarding
  • Local authorities have to guarantee preventative services
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5
Q

What does the Health and Social Care Act 2012 aim to do?

A
  • Enable patients to have more control over the care they receive
  • Those responsible for patients care have the freedom and power to commission care that meets local needs
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6
Q

What are the key aspects of the Health and Social Act 2012? (DCBPH)

A
  • ‘No decision about me without me’
  • Clinical Commissioning Groups
  • Health and wellbeing boards
  • Public health
  • Healthwatch - aims to protect interests of all who use health and social care services
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7
Q

What are the key aspects of the Equality Act 2010? (DDDDVBPP)

A
  • Makes direct and indirect discrimination on the basis of a protected characteristic illegal
  • Prohibits discrimination
  • Covers victimisation and harassment on basis of protected characteristics
  • Reasonable adjustments for those with disabilities at work
  • Women have right to breastfeed in public places
  • Encourages positive action e.g. encouraging people to apply for jobs or take part in activity where people with that protected characteristic under-represented
  • Discrimination due to association is an offence - protection for carers with protected characteristic
  • Pay secrecy clauses now illegal - cannot be legally prevented from disclosing income to another person
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8
Q

What are the 9 protected characteristics?

A
  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sexual orientation
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9
Q

What is the Mental Capacity Act 2005? (PUDIR)

A

Provides a legal framework setting out key principles, procedures and safeguards to protect and empower those who are unable to make some of their own decisions

5 key principles:
- A presumption of capacity - right to make own decisions, must assume have capacity to do so unless proved otherwise
- Support to make own decisions
- Unwise decisions - just because make this, shouldn’t be treated as lacking capacity to make decision, have different beliefs and preferences to others but doesn’t mean is wrong
- Bests interests
- Less restrictive option

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10
Q

What does capacity mean?

A

The ability to make a decision.

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11
Q

What are the key aspects of the Children Act 2004? (PPPACC)

A
  • Aims to protect children at risk of harm
  • Paramountcy principle
  • Child has right to be consulted
  • Children have a right to an advocate
  • Encourages partnership working
  • Created the Children’s Commissioner
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12
Q

What is the paramountcy principle?

A

The child’s bests interests and welfare are the first and most important consideration.

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13
Q

What are the 8 key principles of the Data Protection Act 1998? (PIETNARS)

A

Information and data should be:
- Processed fairly and lawfully
- 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 necessary
- Processed in line with the rights of individual
- Secured - non-authorised staff/people can’t access
- Not transferred to other countries outside of EU

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14
Q

What is the Children and Families Act 2014?

A

It includes reforms for adoption, special educational needs, and children in care. Covers the role of the Children’s Commissioner, parents who have a new child, family courts and justice, SEND (children with special educational needs and disabilities).

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15
Q

What is the role of the Children’s Commissioner in the Children and Families Act 2014?

A
  • C+F Act gave this stronger powers
  • Has to focus on rights of all children
  • Role increased to promoting and protecting rights of children
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16
Q

What is the Human Rights Act 1998?

A

Applies to all ‘public authorities’ - an organisation that has public function.
Rights relevant:
- Right to life
- Right to respect, privacy and family life
- Right to liberty and security
- Right to freedom from discrimination
- Right to freedom of expression
- Right to freedom of thought, conscience and religion

17
Q

What are national initiatives?

A

They guide providers of health, social care and child care environments and practitioners about their roles, rights and responsibilities.

18
Q

What does the Care Certificate 2014 do?

A
  • Sets out minimum standards that should be covered in training before workers in H+SC can work without supervision
  • For health care assistants, occupational therapy and physiotherapy assistants
19
Q

What do Ofsted do?

A

Carry out inspections that rate child care settings and schools (inadequate to outstanding). Publishes inspection reports that identify good practice and where to improve, monitors progress of failing schools
Aspects inspected:
- Effectiveness of leadership and management
- Quality of teaching, learning and assessment
- Personal development, behaviour and welfare
- Outcomes for children and learners
- Effectiveness of safeguarding

20
Q

What is the CQC and what do they do?

A

Care Quality Commission - regulator of H+SC in England
- Registers and licenses care services
- Inspects and monitors H+SC settings
- Publishes inspection reports
- Can issue warnings and fines if standards not met

21
Q

What is the EHRC and what do they do?

A

Equality and Human Rights Commission - has website that provides information, advice and guidance about discrimination
- Provides definitions about types of discrimination
- Gives advice on how to decide if what happened against law
- Suggests ways to sort out situation with person or organisation
- Provides factsheets about discrimination
- Advises on how to make discrimination report
- Provides information about how to take case to court
- Provides contact details for helplines

22
Q

What does NICE stand for and what are its main responsibilities?

A

National Institute for Health and Social Care Excellence:
- Assess new drugs and treatments before available
- Provide guidelines on how particular conditions should be treated
- Provide guidelines on how public H+SC services can best support people
- Provide information services for those providing H+SC
- Improve outcomes for people using NHS and other H+SC services
Considers whether a drug or treatment:
- Benefits patients
- Helps NHS meet targets
- Is cost-efficient
- Should be available on NHS

23
Q

What is a system of redress?

A

A way of obtaining justice after receiving inadequate care. May be compensation or having rights restored.

24
Q

What does the Children and Families Act 2014 do for individuals with SEND?

A
  • Families have to be involved in discussions and decisions about children’s care and education when writing an EHCP
  • Local authority must inform young people and parents of support they are entitled to so they are aware of the choices available
25
Q

What does the Children and Families Act 2014 do regarding family courts and justice?

A
  • When parents split up the courts should help parents to do what is right for their child, not what parents might want
  • If safe and in the child’s best interests, courts to take the view that after separation both parents should be involved in their children’s lives
26
Q

What does the Children and Families Act 2014 do for parents who have a new child?

A
  • Allows people who are going to adopt a child have time off work to see the child and go to meetings about adoption
  • Mothers, fathers and adopters can opt to share parental leave so each can take time off work when they have a new baby
27
Q

What are the 15 standards set by the Care Certificate?

A
  • Understand your role
  • Your personal development
  • Duty of care
  • Equality and diversity
  • Work in a person centred way
  • Communication
  • Privacy and dignity
  • Fluids and nutrition
  • Awareness of mental health
  • Dementia and learning disability
  • Safeguarding - adults and children
  • Basic life support
  • Health and safety
  • Handling information
  • Infection prevention and control

Health and Social Care (9 decks)

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