LO3: how current legislation and national initiatives promote anti-discriminatory practices in health, social care and child care environments

  • Created by: stesar
  • Created on: 13-05-19 12:05
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  • LO3 - legislation and national initatives
    • The Equality Act
      • right to breastfeeding in public places
      • encourages positive action
      • pay secrecy clauses are now illegal
      • reasonable adjustments - for those who are disabled e.g. ramp
      • covers victimisation and harassment
      • prohibits discrimination in education, employment
      • makes direct and indirect discrimination on the basis of a protected characteristic illegal.
    • The Care Act
      • ways in which local authorities should carry out carer's assessments and needs for assessments
      • how local authorities should charge for both residential care and community care
      • duty on local authorities to promote an individual's well-being
      • an independent advocate to be available to facilitate the involvement of an adult/carer
      • local authorities have to guarantee preventative services
      • adult safeguarding - inquiries into cases of abuse and neglect
      • continuity of care must be provided.
    • The Children's Act
      • paramount principal of child
      • aims to protect children at risk of harm
      • created the children's commissioner
      • encourages partnership working
      • children have the right to be an advocate
      • the child has a right to be consulted
    • Data Protection Act
      • kept for no longer than necessary
      • processed in line with the rights of the individual
      • secured
      • not transferred to other countries outside the EU
      • Accurate and up-to-date
      • processed fairly and lawfully
      • used only for the purposes for which it was intended
      • adequate and relevant but not excessive
    • Mental Capacity Act
      • Less restrictive option - anything done should be least restrictive of their basic rights and freedoms.
      • Best interest - actions made on behalf of the person must be done in their best interest.
      • Unwise decisions - people who make these can still make their own decisions
      • Support to make own decisions - presenting information in different formats
      • the ability to make a decision
      • presumption of capacity - have the right to make their own decision.
    • The Health & Social Care Act
      • public health
      • health and well-being boards
      • healthwatch
      • clinical commissioning groups
      • 'no decisions about me without me'
      • enable patients to have more control over the care they receive; those who are responsible for patient care have the freedom and power to commission care that meets local needs.
    • The Children and Families Act
      • Role: stronger powers, focus on rights of all children, representing views and interests of children and promoting and protecting the rights of children.
      • Parents who have a new child: parental leave, parent partner can take unpaid leave to attend two antenatal appointments before the baby is born
      • SEND (children with special needs and disabilities)
        • education and health care plans (EHC)
        • children's needs are accessed with EHC plans
        • gives rights to a personal sudget
        • families have to be involved in discussions and decisions about children's care.
        • Local authority should tell family/young people what support they are entitled to.
        • schools to be provided with more support for children with medical conditions to meet their needs.
        • act aims to get education, health care and social care services working together.
      • Family courts and justice: 26 week deadline for family court to rule on care proceedings, parents splitting up - help to ensure they do what is right for the child, courts - both parents should be involved in child's life, if safe and in the child's best interest
    • The Human Rights Act
      • Applies to all public authorities
      • Right to life: NHS - preserve life
      • Right to liberty and security - cannot be detained/deprived from freedom unless they have committed a serious crime.
      • Right to freedom from discrimination - Equality Act
      • Right to freedom of expression - have their own opinion/ be consulted
      • Right to freedom of thought, conscience, and religion - right to their own faith and beliefs and this should be respected.
    • The Care Certificate
      • AIM - all care workers to have the same skills and knowledge to provide safe and high quality care and support.
      • sets out minimum standards that should be covered in induction training before they are allowed to work.
      • there are 15 standards of care.
    • Quality Assurance
      • EHRC (Equality and Human Rights Commission)
        • provides information, advice and guidance about discrimination
          • definitions
          • advice on how to deide what happens after
          • how to make a complaint
      • CQC (Care Quality Commission)
        • Regulator of health and social care for England
        • identifies standards and monitor that care settings continue to meet standards
        • inspect these reports
      • OFSTED
        • inspections that rate child care settings and schools from outstanding to inadequate
        • inspections include: effectiveness of leadership and management,quality of teaching and learning, personal development and behavior and welfare, outcomes for children and learners, and effectiveness of safeguarding
      • NICE
        • Access new drugs and treatment
        • provide evidence-based guidelines
        • guidelines on how best to support people
        • improve outcomes for people using NHS
        • will consider a drug if it: benefits them, good value for money/cost-effective, and whether it should be available on the NHS

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