Transcript Legislation
Legislation AS Promoting quality care You must know: 1. The key features of each law 2. The strengths and weaknesses of each law 3. How it promotes the rights of the service user and staff Equality Act 2010 • Make sure all people are treated fairly • The Equality Act brings together 9 big equality laws and about 100 smaller laws. • Bringing these laws together makes it a lot easier for employers and other people to know what they must do. It will also help everyone understand the law. • Act informs public bodies what to do to make equality happen including buying resources or making reasonable adjustments. • Makes sure older people are treated fairly • Fairer wages for men and women. Same wage for same job. • Employers can use positive action when looking at who they want to employ to make sure workers are diverse • Protects carers from being treated unfairly • Stops disabled people being treated unfairly • Women can breast feed in public • Public bodies have to think about how to stop people doing less well because of their family background • Protects people with disabilities, different genders, different sexual orientation and different ethnicity and religions, pregnant women Human Rights Act 1998 • Set of values. How individuals should act towards one another (right to life, right to freedom from slavery, right to hold free elections, right to marry, right to freedom from torture, right to a public and fair trail and right to freedom of expression, education, right to protection of property, the abolition of death penalty) • Everyone has the rights no matter what ethnicity, gender, age or class • Right to seek redress if believe rights been infringed. • Originates from the European Convention on Human Rights which was set up during WW2. • Helps to prevent social exclusion Mental Health Act 1983 • Sets out how a person with mental health illness can be treated with their consent • Gives rights to relatives, social workers and doctors to detain the person in hospital under their own safety • Part of the Act makes it compulsory that someone can be held but permission must be granted from family member, social workers, doctors, mental health nurse and the police • The act states if someone is help against their will a second opinion must be sought from another doctor • A person can be detained for 28 days against their will and will then be reviewed • The act also states that after care must be provide such as counselling. Mental Capacity Act 2005 • Supports people who are unable to make decisions for themselves • Reasons why you may not be able to make decisions could be due to a learning disability, Dementia, mental health or a stroke. • Every adult must be given all help before treated as though they are unable to make decisions • Any decision made for someone must be made in their best interests • Courts, public guardian (usually family) and the independent mental capacity advocate can all make decisions • The advocate acts on the persons behalf when they lack capacity and have no one to represent them. Children Act 1989 • Protect children who are at risk paramouncy principle • Local authorities (KCC) have a statutory duty to investigate any reports of child abuse. • Under the act a child can be made ‘a ward of court’ so it is protected by court • Under the act the court can make an order that removes the child from the family or take other protective action. • Children have the right to be heard and wishes taken into consideration • Support provided to help keep families together • The PIES needs of the child to be considered when child protection is being discussed • Services provided under the act are: social work, housing support, equipment and adaptations & counselling. Children Act 2004 • Act updated due to the death of Victoria Climbie. • Forced services involved in the care of a child to work together • Every local authority to have a Director of Children’s Services who will be accountable. • Information database set up so professionals can share information easier. • Local Authorities have to produce plans that take into account child’s needs. • Act was developed using ‘The Every Child matters’ paper (health, safe, enjoy and achieve, positive contribution & achieve economic and social well being) Vetting and Barring scheme • Now replaced in 2012 by the DBS (disclosure and barring scheme) • Merged the CRB and Independent safeguarding authority to make DBS • Set up to safeguard children and vulnerable adults • Checks made on everyone who works with children and vulnerable people. • Costly to organisations approx £40 per person