Promoting Quality Care

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  • Created by: Sophie
  • Created on: 16-12-12 17:08

The Children Act 1989

This provides support and services for children, young adults, disabled children and their families (under 18's). 

Aims:

  • Parmamouncy principle 
  • Children have the right to be heard
  • Childrens wishes and opinions are respected
  • Support is provded to keep the child with their family 

P.I.E.S - physical, intellectualy, emotional and social needs muct be considered. 

When the service providers are deciding if the parents can suppport and meet the needs of the child, they have to consider any previous harm and any future risks the child might face and also if the change will have a positive effect or a negative one. 

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The Children Act 1989

The services include:

  • Social work
  • Housing help
  • Short term breaks
  • Conuselling
  • Representatives for individuals/family

Child now have to be informed of any future plans for them. 

Local authorities now have to investigate and report any cases or suspected cases of child abuse - verbal, sexual, physical or emotional. 

When a chuld is put on the child protection register the family and the child are suppoerted to prevent any further difficulties and a social worker is given to the family. 

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The Children Act 1989

Emergecny Protection Orders - This includes when they child needs immediate help. Social services will make an application to court

Care Orders - The child is normally put in foster care (emergency). This is onyl used if the child is at risk of physical or emotional pain

Education Supervision Orders - The parents will be educated about the importance of school and the parents will be supervised by the local authority. 

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The Children Act 1989

Strengths:

  • Paramouncy principle is good as the child is the most important thing
  • Childs' opinion and rights is listened too
  • Parents have to accept their responsibility
  • Local authorities work with parents
  • Care is a last resort and there are clear guidelines to when a child should go into care 

Weaknessess:

  • Little accountability for social workers
  • No public sructany - private cases
  • Under 10's aren't accountable for their crimes 
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The Children Act 2004

The Victoria Climbe case updated the act. 

It aimed for services to work more closley together to stop this from happening again. Local authorities now have to have a director of childrens authroities. This is the person who is accoutable for the children's services - these people will be inspected and rated on a database. 

Childrens Commisioner:

  • Intiate enquires on behalf of the child
  • Find the needs of the child, including their specific needs
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The Sex Discrimination Act 1975

This covers direct and indirect:

  • Direct - it is obvious by words and actions used, deliberatly disadvantaging someone
  • Indirect - certain condictions are in place which demostarte preferance for some people e.g. only male toilets

Marital disrimination is now illegal towards both men and women. 

It is discriminatory to refuse to employ a sex; this also includes promtions, benifits and use of treatments. 

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The Sex Discrimination Act 1975

Strengths:

  • the terms of a womens contract must be the same in, terms of favour, with men
  • men and women in the same employment must be paid the same
  • it is illegal to discriminate accourding to sex in recrutement, selection, promotion, training
  • Prevents direct and indirect discrimination and victimisation

Weaknessess:

  • It is complex so somepeople find it difficult to complain 
  • Hard to prove discrimination
  • Fear of loosing their job stop people from complaing 
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Disability Discrimination Act 1976

Covers housing, transport, employement, education and obtaining goods/services

It doesn't cover:

  • Prison officers
  • Fire fighters
  • Policemen
  • Armed Forces
  • People on ships, aircrafts
  • Working abroad
  • Employees who employ less than 15 people

It does cover:

  • Permenant/temporary contract workers
  • Full time employees
  • Employees with physcial/mental impairments with long term effects
  • Previous disability
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Disability Discrimination Act 1976

Employers must make sure they aren't at a disadvantage during the interview, selection, training and promotion process. They must also modify instructions and allow time off work for rehabilitation or new equiptment. 

People who feel they have been discriminated against must go to the Employment tribunal within 3 months. They can:

  • Make a decliration about the rights of the user
  • Compensation
  • recommend the employer to take action to stop further disadvantage
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Race Relations Act 1976

 This makes it illegal for people to racially discriminate against someone. It inlcudes employment, housing, education and provisions of goods and services. 

It describes discrimination due to their race, colour, ethnicity and national origins and direct and indirect discrimination as well as victimisation.

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Race Relations Amendment Act 2005

Public authorities now need to promote racial equality and provide fair services to everyone. To imporve employment opportunities. NHS is to promote good relationships between racial groups and stop racism. 

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Race Relations Act 1976

Strenghts:

  • emphasis on promoting racial equality rather than prevention 
  • All public bodies must make services accessable to everyone
  • Includes direct and indirect 

Weaknessess:

  • The victim has to report the discrimination and its hard to know what happnes in everyday life
  • Hard to know what peoples opinions are - primary socialisation
  • To seek redress they need to know their rights 
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The Mental Health Act 1983

This covers circumstances in whcih someone with a mental health issue can be treated without consent. It gives relatives, social workers and doctors the right to detain them for their safety.

Checks are made through:

  • Mental Act Managers Hearings
  • Mental Health Review Tribunal
  • Mental Health Act Commissions 
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The Mental Health Act 1983

Mental Act Managers Hearings

A group of local community people who oversee the administation. It ensures it is used in the correct way. they can release people who have been detained under the act under sections 2 and 3. 

Mental Health Review Tribunal

Consists of doctors, soliciters, barristers and a lay person. The person who applies to this can be represented by a lawyer and get legal aid. 

Mental Health Act Comissions 

This gives consent for treatment and ensures the act is used correctly. It also ensures there is a second opinion whjen som eone is detained and refuses treatment.

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The Mental Health Act 1983

People who can compulsary admit someone:

  • Spouse
  • Child
  • Parent
  • Sibling 
  • Grandparent/child
  • Uncle/aunt
  • Nephew/niece
  • Social Worker
  • Mental health nurse
  • Police officer

-- the person who is admitted can be help for up to 28 days

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The Mental Health Act 1983

When a person is discharged they are given:

  • councelling
  • community psychiatric nurse
  • clinical psychologist
  • occupational therapists
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The Mental Health Act 1983

Strengths:

  • protects people who can't make good decisons
  • stops people harming themselves
  • procedurers safeguard people rights
  • systems ensures accountablity 
  • treatment cannot be forced unless they can't make decisions themselves

Weaknessess

  • action may take a while as you need to m ake sure they can't make their own decisions
  • saction can cause people to feel sad and not in control
  • doesn't consider human rights
  • doesn't consider new forms of community care 
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Human Rights Act 1998

A set of values whihc reflect the way that individual act towards each other.

The right to:

  • life
  • freedom of expression
  • fair and public trial
  • freedom of torture
  • marry
  • hold free elections
  • freedom of slavery

They are an entitlement - no matter the ethnicity, culture, race, religion, gender, age or class.

Promote and encourage acceptance. allows people to seek redress if they belive their human rights have been broken. 

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Human Rights Act 1998

If a person expreinces socal exclusion they might feel:

  • low self esteem
  • anger
  • less likey to get a job
  • trust issues
  • less likely to have good relationships

If human rights aren't accepted courts can make them be accepted. 

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Human Rights Act 1998

Strengths

  • Redress instead of the court of human rights
  • Rights must be considered by organisations
  • State provides laws that protect life

Weaknessess

  • Public authroities aren't defined
  • Some laws aren't compatible
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European Convention of Human Rights

Right to:

  • life
  • freedom of slavery
  • liberty and security
  • respect privancy and family
  • freedom fo throught
  • mary
  • prohabition of slavery
  • education
  • free elections
  • abolition fo death penalty 
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Routes of Redress

If the service-user feels like their rights have not been met they have the right to complain.

The NHS nation complaints procedure:

  • staff do whatever to treat them well
  • right to complain
  • first ste is to contact local authrotiy
  • then there an independant review
  • or the health service commissioner

it is the service-providers responsibility to treat the user right. Complaints ahve to be dealth with quickly. 

if the user makes a complaint the provider must inform their supervisor.

The user shoudl compain to the manager, then the registration authroity, then special organisations - who can give advice and guidance e.g. ofsted, health care commission and commission for social care inspection. 

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Confidentiality

Need to know basis. Any information shouldn't be disclosed without the users permission. 

It includes oral information, written, electronic information. 

Information can be disclosed if:

  • harm to themselves
  • harm to others
  • criminal activity

the information musy be shared with appropriate people.

Due to tensions, sometimes a compremise has to be made which goes against the users rights. Effective communication must be used. 

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Confidentiality

Balancing users rights againts responsibilities - e.g. the user has the right to a bath but the provider has the responsibility of care so if the bath is dangerous they will not be given it (not enough space for the bath).

Balancing rights against resources - e.g. one heart surgery is $1 million but they could do 250 knee surgeries for the same amount. 

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