3.1 Key Aspects of current Legislation

  • Created by: skyeHS
  • Created on: 08-10-19 14:27

The Care Act 2014

This Act relates to those being assessed or recieving social care, ad their carers. key aspects include the following:

  • Duty on local authorities to make a decision about an individuals wellbeing about their personal dignity, protection from abuse and neglect,physical and mental health issues.
  • continuity of care when someone moves from area to another so that theres no gaps in support or care.
  • Duty on local authorities to carry out the Childs needs Assesment (CNA) for young pople where they might need support after they turn 18.
  • An independant Advocate is avaliable to facilitate the involvement of an adult or carer who is the subject of an assesment, care or support planning or a review.
  • Adult safeguarding. responsibility to make sure enquiries into cases of abuse and neglect are shared with the correct proffesionals. 
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The Health And Social Care Act 2012

2 Main Principles

enabling patients to have more control over their care and those resposible for patient care- doctors,nurses and ohter NHS and social care practitioners and professionals- have the freedom and power to provide care that meets local needs.

  • No Decision About Me Without Me is intended to be the guiding principle which patients are treated.Patients can chose their GPs,consultats, treatment and hospital or other local health services.
  • Clinical Commissioning Groups are GP-led bodies that commision most health services, including GPs, dentists and pharmacies. And secondary care services provided by hospitals.
  • Health and Wellbeing boards bring together health and social care somissioners, councillors and a lay representative to promote joint working and tackle inequalities in peoples health services.
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The Equality Act 2010

When the equality act cme into force it simplified the existing laws covering discrimination, such as the sex discrimination Act, Race Relations Act and Disability Discrimination Act and out them altogether in one legislation.

  • Makes direct and indirect discrimination on the basis of a protected characteristic illegal
  • Prohibits discrimination in education,employment access to goods and services and housing.
  • Reasonable adjustments have to be made by employers or providers of services for those with disabilites.
  • Woman have the right to breastfeed in public places.There is no right covering breat feeding at work.
  • The Act encourages positive action. one form is encouraging or training people to apply for jobs in which people with that protected characteristics are under-represented.
  • Discrimination due to association is an offence. there is now protection for carers of an individual who has a protected characteristic.
  • Pay secrecy clauses are now illegal
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The Mental Capacity Act 2005

'capacity' is being able to make a decision.This Act provides a legal framework to safeguard, protect and empower those who are unable to make some of their own decisions. This could include those with mental health condittions or a disability or dementia.

  • A presumption of capacity.Every adult has the right to make thier own decisions and must be assumed to have capacity to do so unless it is proved otherwise.A care worker must not presume that someone cannot make a decision for themselves because of a disability.
  • Support to make own decision. A person must be given all practicable help before anyone trats them as not being able to make their own decisions. This might include presenting information in a different format for those with learning difficulties. 
  • Unwise decisions.Everyon has their own values and beliefs so can make in what other people view as 'unwise' or 'silly' decisions, they have the right to make those decisions.
  • Best Interests. Action taken or decision made under the Act on behalf of a person who lacks capacity must be done in their best interests.
  • Less Restrictive Option. Anything done for or on behalf of a person lacking capacity should be the least restrictive of their basic rights and freedoms.
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The Children Act 2004

  • Protecting children at risk; this may include taking the child away from their family using an emergncy protection order or care orer.
  • The paramount principle is that the childs needs must come first. For example, taking the child away from their family may upset the parents/carers but will be in the childs best interests.
  • Child has a right to be consulted, Children who are mature/old enough have a voice and their wishes should be taken into consideration.
  • Children have a right to an advocate.
  • Staying safe, being healthy, enjoying and achieving, economic wellbeing are universal ambitions for every child and young person, whatever their background or circumstances.
  • Encourges partnership working. Practitioners need to ensure information is shared to help avoid miscommunication, particulary in child protection situations.
  • Created the Childrens Commissioner and set up childrens safeguarding boards to represent childrens interests.
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The Data Protection Act 1998

  • Processed fairly and lawfully: info should be collected only with an individuals permission.shared on a 'need to know' basis.
  • used only for purposes it was intended for.
  • Adequate and relevant but not excessive: care workers should only collect and use info that is needed.
  • Accurate and kept up to date: inaccurate data should be destroyed or corrected. Care workers have the responsibilty toensure info is correct and systems should be in place for checking accuracy.
  • Kept for no longer than necessary. Deletemor destroy info when it is no longer needed.
  • Processed in line with the rights of the individual.'processed' means how the info is used. People have the right to know how their info is being used and if its being held about them.
  • Secured: non-authorised people should not be allowed access to the information. patient records should be kept in secure conditions.
  • Not transfered to other countires; information shoud not be transferred outside the EU unless the service user has given consent.
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