Transcript The Legal Rights of People with Dementia in Health and

The Legal Rights of People with Dementia
in Health and Social Care
Jim Pearson
Alzheimer Scotland
Welfare Rights Manager
Why are rights in health and social care
important?
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Progress is being made
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People with dementia still experience
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Stigma
Discrimination
Indignity
Neglect
Harm
Sources of Legal Rights in Scotland
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UK Legislation
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Human Rights Act 1998
National Health Service and Community Care Act 1990
Disability Discrimination Act 1995
Scottish Legislation
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Community Care and Health (Scotland) Act 2002
The Regulation of Care (Scotland) Act 2002
The Adults with Incapacity (Scotland) Act 2000
The Mental Health (Care and Treatment) Scotland Act 2003
Adult Support and Protection (Scotland) Act 2007
The core values of Human Rights
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The Human Rights Act 1998 adopts the rights in the European
Convention of Human Rights and is based on a set of core
values, these are:
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Fairness
Respect
Equality
Dignity
Autonomy
The Human Rights Act requires all legislation made by Scottish
& UK Parliaments to be compatible with the Act
Adults with Incapacity (Scot) Act 2000
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Principles
Defines “Incapacity”
Establishes “Office of Public Guardian”
Duties for other public bodies
Provisions for proxy decision making for both
financial and welfare matters, including
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Powers of attorney
Guardianship and intervention orders
Medical treatment
Mental Health (Care & Treatment) (Scot)
Act 2003
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Sets out when people can be legally required to go
into hospital, or to accept services or treatment that
they may not want
New rights and safeguard
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independent advocacy services
Advance statements
Named person
The Mental Health Tribunal – which will hear cases under
the Act
The Mental Welfare Commission
Adult Support & Protection (Scot) 2007
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Principles
Defines who is an ‘adult at risk’ and what ‘harm’ is
Statutory duties and powers for Scottish Local
Authorities to inquire and investigate when an adult is
at risk of harm.
Duty to consider the provision of advocacy and other
service
Duties of cooperation between public bodies
Three types of Protection Order
Regulation of Care (Scot) Act 2001
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Scottish Care Commission
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registers & inspects all services regulated under the Act
taking account of the national care standards issued by
Scottish Ministers.
Scottish Social Services Council
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Duty to promote high standards of conduct and practice
overall aims of protecting service users and carers and
securing the confidence of the public in social services
publish codes of practice for all social services staff and their
employers
Community Care & Health Scotland Act
2002
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The Act introduced
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Free Personal Care For people aged 65 or over
Free Nursing Care for people of any age
Direct Payments
For Carers
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Right to ask for a carers assessment
Duty on Local Authorities & NHS to inform carers of rights to
a carers assessment
Has Scotland got it right?
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Positive developments in legislation in past several
years.
Better awareness and understanding of dementia
Scottish Government has made positive changes in
Health and Social Care policies
The framework of rights is essentially in place.
However, too many people with dementia are not
having their rights recognised
Development of Charter of Rights.
Draft Charter of Rights
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Charter is an initiative of the Scottish Cross Party
Group on Dementia.
It cover rights in all areas of life from diagnosis to end
of life care
The Charter is intended to
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empower people with dementia and their carers so that they
can assert their rights
ensure that those who provide health, social care and other
services understand and respect the rights of people with
dementia and their carers
ensure the highest quality of service provision