Unit 7 - Safeguarding - LO3 - Legislation

Question 1

Human Rights Act 1998

Answer 1

• Promotes right to life, freedom from degrading treatment and respect for private and family life
• It protects vulnerable individuals
• Forbids individuals being subject to certain maltreatment

Question 2

Health and Social Care Act 2008

Answer 2

• Established the CQC (which inspects health and social care services to ensure they provide high quality care and are safe environments)
• Safeguards people who use services from suffering abuse or improper treatment while receiving care.
• It makes sure that care practices meet certain guidelines to ensure the safety of the service users

Question 3

Care Act 2014

Answer 3

• It requires LAs to make enquiries if an individual is being abused or neglected or is at risk
• It requires LAs to set up multi-agency safeguarding adult boards to review cases when an individual dies as a result of abuse or neglect
• It introduced the Duty of Candour and Fundamental Standards on which all service providers are inspected

Question 4

Safeguarding Vulnerable Groups Act 2006

Answer 4

• Vetting and barring scheme - ensures that people who are considered unsuitable to work with vulnerable adults and children are not able to do so
• Provides a system for Employers to check the suitability of Employees or Volunteers, to work with children or vulnerable adults.
• The DBS now administers the Vetting and Barring Scheme. The DBS decides whether an individual should be barred, to prevent them from working with children, or vulnerable adults, or both.

Question 5

Mental Capacity Act 2005 and Deprivation of Liberty Safeguards

Answer 5

• It aims to protect and empower individuals who are unable to make their own decisions
• A person must be assumed to have capacity unless proven otherwise
• Any decisions made on behalf of someone who lack mental capacity must be done so in their best interest
• A person is not to be treated as unable to make decisions merely because it is seen as an unwise decision.

Question 6

Equality Act 2010

Answer 6

• It protects people with protected characteristics from discrimination
• Race, gender, disability, sexual orientation, transgender, religion and age
• Provides a legal framework to protect the rights of individuals and advance equality of opportunity for all.
• Provides a discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society

Question 7

Public Interest Disclosure Act 1998

Answer 7

• It protects workers who disclose information about malpractice in their current or former workplace
• Provides the legal framework for whistleblowing
• Protects workers from harmful treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing
• If an employee is dismissed because they have made a protected disclosure that will be treated as unfair dismissal.

Question 8

The Rehabilitation of Offenders Act 1974

Answer 8

• Supports the rehabilitation into employment of reformed offenders
• Gives those with convictions the opportunity to start afresh
• Sentencing and Punishment of Offenders Act 2012 made two key changes to the 1974 Act:
  Extended the scope of the Act to cover custodial sentences of up to 48 months (previously prison sentences over 30 months never became spent)
  Changed the length of some of the rehabilitation periods (in most cases by reducing them).

TAKEN FROM THE MARK SCHEME (this can answer a 6 marker):
- Enables offenders to gain employment
– employers cannot refuse to employ someone due to convictions unless expectation applies
– after a period of time an ex-offender doesn’t have to mention their previous convictions
-Rehabilitation period depends on the length of sentence
– rehabilitation period is calculated from the date of conviction
-The act reduces the time for convictions to become spent

Question 9

Children Act 2004 - Every Child Matters

Answer 9

• Established many reforms that underpin children’s services including a children’s commissioner to champion the views and interests of children
• A child-centred approach- interests of children are paramount in all considerations of welfare and safeguarding
• Gave legal force to the five outcomes included in Every Child Matters and are key to wellbeing in childhood and later life
  1 - Being healthy
  2 - Staying safe
  3 - Enjoying and achieving
  4 - Making a positive contribution
  5 - Achieving economic wellbeing

Question 10

Data Protection Act

Answer 10

• Regulates the way in which personal data needs to be handled
• Therefore protects people’s data from being placed in the wrong hands which might make them more vulnerable to abuse
• Data protection principles:
  Used fairly and lawfully
  Used for specified, explicit purposes
  Kept for no longer than is necessary
  Handled in a way that ensures appropriate security from unauthorised processing, access, loss, destruction or damage

Question 11

Disclosure and Barring Scheme. ‘No Secrets’ (Department of Health 2000)

Answer 11

• Set out how different agencies must work together to respond to, investigate and prevent abuse of vulnerable adults wherever possible

Question 12

Working Together to Safeguard Children (2006)

Answer 12

• Sets out how organisations and individuals should work together to safeguard and promote the welfare of children

Question 13

Safeguarding Adults (2005)

Answer 13

• Provides a national framework of 11 sets of good practice standards to ensure high quality care and work to protect vulnerable adults from abuse

Question 14

Mental Capacity Act Code of Practice 2014

Answer 14

• Gives guidance to people who work with and care for individuals who can’t make decisions for themselves