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
- provides information, advice and guidance about discrimination
- 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
- EHRC (Equality and Human Rights Commission)
- The Equality Act
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