Unit2- 3.1~ Key aspects of current legislations

Question 1

What is legislation?

Answer 1

A collection of laws passed by parliament, they state the right of individuals.

Question 2

What are the legislation acts?

There are 8

Answer 2

• The care act 2014
• The health and social care act 2012
• The equality act 2010
• The mental capacity act 2005
• The children act 2004
• The data protection act
• Human rights act
• Children and families act 2014

Question 3

Name and explain 3 principles of the Care Act 2014.

There are 6 principles

Answer 3

• Duty on local authorities to promote an individuals ‘well-being’: Whenever a local authority makes a decision about an adult, they must promote adult wellbeing.
• Continuity of care: Must be provided if someone moves from one area to another, so theres no gap in care or support
• Duty on local authorities to carry out childs needs assessments: For young people where care and support is likely needed after they become 18
• An independent advocate to be available: To facilitate the involvement of an adult or carer who is the subject of an assessment or care /support planning review
• Adult safeguarding: Responsibility into cases of abuse and neglect, establishment of safeguarding adult boards, responsibility to ensure info sharing
• Local authorities have to garuntee preventative services: Helps reduce delay to development of needs for care and support

Question 4

Name and explain 3 principles of the health and social care act 2012.

There are 5 principles

Answer 4

• ‘No decision about me without me’: Patients are able to choose their GP, consultants, treatments, etc. Empowering them.
• Clinical commissioning groups: GP-led bodies will commission most health services, including primary care services
• Health and wellbeing boards: Bring together health and social care commissioner, councillors to promote joint working and tackle inequalities
• Public health: Increased focus on prevention with local councils taking over responsibility for public health services and population-health improvements
• Healthwatch: A service that aims to protect the interest of all those who use health and social care services

Question 5

Name and explain 3 principles of the equality act 2020?

There are 8 principles

Answer 5

• Aims to prevent discrimination based on nine protected characteristics: Age, sex, religion, disability
• Protects people who are discriminated against due to association: Discrimination by association, when you are treated unfairly because people in your life (family members or friends) have a protected characteristics
• Protects people who have been indirectly and directly discriminated against
• Makes it unlawful to harass or victimise an individual
• Gives women the right to breastfeed in public: Makes it legal for women who breastfeed in public to be discriminated against in public places
• Reasonable adjustment: Have to be made by employers for people with disabilities
• Makes pay secrecy clauses illegal: You cannot be legally prevented from disclosing your income to another person
• Encourages positive action: Encouraging people to apply for jobs in which people with that protected characteristic are under-represented

Question 6

Name and explain 3 principles of the mental capacity act 2005.

There are 5 principles

Answer 6

• A presumption of capacity: Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise
• Support to make own decision: A person must be given help before anyone treats them as not being able to make their own decisions
• Right to make unwise decisions: Everyone has the right to make what others may regard as unwise or eccentric decisions
• Best interest: Care workers should provide reasons to prove the decisions are made in their best interests
• Least restrictive option: Anything done for or on behalf of a person lacking capacity should be least restrictive of their basic rights and freedoms

Question 7

Name and explain 3 principles of the children act 2004.

There are 7 principles

Answer 7

• Aims to protect children at rick of harm: Can involve practitioner taking children away from their family
• Paramountcy principle: Child must come first
• The child has a right to be consulted: involved in decision making
• Children have the right to an advocate: An advocate acts in the best interest of the child
• Encourages partnership working: Practitioners need to ensure info is being shared on a ‘need to know Basis’ to help avoid miscommunication
• Every child matters: Stay safe, be Healthy, Enjoy and achieve, Economic well-being, make a Positive contribution
• Created the children’s commissioner and local safeguarding children boards: Gives children a voice and represent their interest nationally

Question 8

Name and explain 3 principles of the data protection act 1998.

There are 8 principles.

Answer 8

• Processed fairly and lawfully: Personal info should be shared on a need to know basis
• Accurate and kept up-to-date: Non-authorized staff should not be allowed access to the info, should be kept in a secure condition
• Secured: Non-authorised staff should not be allowed access to the info, should be kept in secure conditions
• Adequate and relevant but not excessive: Care workers should collect and use only info that is needed
• Used only for the purpose for which it was intended: Info should be gathered only for specific purpose and only used for that purpose
• Kept for no longer than necessary: Info should be destroyed or deleted when it is no longer needed
• Processed in line with the rights of the individual
• Not transferred to other countries outside the EU: Other countries may not have the same data protection legislation so data may not be secure

Question 9

Name and explain 3 principles of the human rights act 1989.

Answer 9

• Right to life: Services such as NHS provides medication to preserve life
• Right to respect, privacy and family life: Privacy can be maintained by staff in car home to not discuss residents care where they can be overheard or draw curtains
• Right to liberty and security: No one can be detained of their freedom unless they have committed a serious crime or a danger to themselves or others
• Right to freedom from discrimination: These rights are further supported by equality act
• Right to freedom of expression: individuals have their own opinions and should have the opportunity to express these
• Right to freedom of thought, conscience and religion: each person has a right to their own faith and belief, should be respected

Question 10

Name and explaing 3 principles of the children and families act 2004.

Answer 10

• The role of the childrens commissioner: ‘representing the views of all children’ to ‘promoting and protecting the rights’ of children
• Parents who have a new child: Parental leave- mothers, fathers, adopters can opt to leave when they have a new baby
• Family courts and justice: Max 26 time limit for family courts to rule on care proceeding
• SEND: - Special educational needs and discrimination
• Education and health care plans (EHCPs: educational health care plan) created to asses children needs in a holistic way
• Children with an EHCP have a personal budget
• parents, young people must be informed of the support they are entitled to