AS Health and Social Care

Legislation to support people who use services
1. Protected people; Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation
2. Vulnerable groups
  1. • children and young people Children Act • vulnerable adults Equality Act (Mental Health Act) • people with disabilities Equality Act (Disability Discrimination) • minority ethnic groups Equality Act (Race Relations Act) • men and women Equality Act (Sex Discrimination Act) • Older people Equality Act (MHA/DDA)
The Equality Act
1. The Equality Act 2010 brings together all previous equality laws. It makes it law that every private, public and voluntary sector must not discriminate against employees and service users because of particular characteristics! So, if they discriminate against their employees or service users, they could be breaking the law!
2. Key features
  1. ~Gives people rights Makes direct and indirect discrimination illegal ~ Created a system of redress (redress means ‘to put something right’) ~Protects from harassment and victimisation ~Covers housing, education, employment transport, public bodies, associations
3. Evaluation
  1. Strengths
    1. • helps raise awareness • gives people more rights – gives everyone more right • more equality in terms of job opportunities • high profile cases have been won which the public have heard about • school curriculum more equality and encouragement to partake in range of subjects • helped to reduce discrimination – through policies
  2. Weaknesses
    1. • legislation alone does not reduce discrimination / discrimination still exists • more emphasis needed within education, advertising, media etc to improve role models and reduce stereotypes • difficult to police the amount of discrimination occurring / hard to prove • top positions in business and politics still non ethnic minority groups /men • due to socialisation attitudes may become ingrained. • cost / emotional stress and time to take cases to court • many people unaware of their rights • fear of victimisation • new Equality Act is less well known than other laws, and may take time to embed
Confidentiality
1. Need to Know
  1. Restricting access to confidential information about an individual unless a person has a clear reason to access it.
2. When can it be broken?
  1. - when a person who uses services is at risk of harm - when others may be at risk of harm - when the person who uses services is at risk of harming others - when the person who uses services is intending to or is breaking the law (a serious crime)
Social exclusion
1. Social exclusion is a situation in which some people are unable to participate fully in normal social activated in their society due to barriers which exist. People do not feel like part of their society because they are poor or do not have a job.
2. Inverse care law
  1. those who need the care the most are less likely to get it. Eg if your poor and uneducated, you are in more need to go to the doctors for a check up, however they are the least likey to go. This may because they cant afford travel, they don’t understand the importance, ect.
Barriers
1. Psychological
  1. - Having to have a helper with you around college highlights your disability = more independent - Closed paces within college, social anxiety, panic attacks = have less people in the college or have bigger seat areas. - Have support groups to help those with a mental health issues.
2. Physical
  1. - No lifts in college, this can be changed by putting lifts in the college which allows those in wheelchairs and other disability to access all areas of the college. - No automatic doors makes it hard for those with a disability (wheel chair/ blind) to open daws themselves. Put automatic doors all around college. - Card reader to high for those with dwarthisims to reach = make them detachable
3. geographical
  1. - If you live in a rural area there is a lack of transport for those = provide more transport.
4. financial
  1. - cost of travel = free busses
5. cultural/language
  1. - Leaflets are mainly in English = have a variety of leaflets in different languages - Many websites don’t have the option to change language = give the option
Childrens Act
1. Features
  1. - The paramountcy principle (children’s welfare is the most important concern in any situation)
  2. EMC
  3. - Children are consulted wherever possible/children given the right to speak out/have a voice/to be heard
  4. - Children stay with their family (this may be other family members, not necessarily parents)
  5. - People work in multidisciplinary teams (i.e. schools, social services, NHS communicating with each other)
  6. - That key agencies who work with children to put in place arrangements to make sure they safeguard and promote the welfare of C and YP
  7. - A child protection register is established
2. DBS
  1. - Another way that organisations can apply legislation is by the use of DBS (Disclosure and Barring Service) - Jobs that involve caring for, supervising or being in sole charge of children or adults require an enhanced DBS check (previously called an enhanced CRB check)
3. Evaluation
  1. Weakness
    1. • There could be communication errors – care worker may be away, email miss understood, ect. • still many cases where children have not been protected e.g. Baby P 2007 • cost and time – resources (staff) may not be able to meet the demands of the legislation • not all professionals follow procedures • all children are covered by the legislation – has led to loss of focus on the most vulnerable • difficult for children to know about legal protection
  2. Strengths
    1. • aims to ensure children are listened to • aims to keep children safe • gives them legal protection • minimal disruption on their lives / keeps families together if possible • gives them a voice • gives them rights • promotes five outcomes (ECM) • clear guidelines to follow • benefits of a multi-disciplinary approach • raises the standards of care
Care Values
1. Early years
  1. - making the welfare of the child paramount - keeping the children safe and maintaining a healthy environment - working in partnership with parents/families - making sure that children are offered a range of experiences and activities that supports all aspects of their development (choice) - valuing diversity - equality of opportunity and anti-discriminatory practice - maintaining confidentiality - working with others - reflective practitioners
Equal opportunity Policies
1. • Code of practice = set of regulations and guideline to be followed by all H&SC workers.
2. • Charter = a document stating the rights of an organisation.
3. • Organisation policies = a set of ruled to be followed by all members of staff in a particular setting (e.g. busy bees nursery, great oaks care home).
4. • All organisations must have their own EOP • It will outline how it will support the rights of people with the 9 protected characteristics
5. Key features
  1. • A policy statement explaining who is covered by the policy and what is meant by goods, facilities and services; stating the aims and outcomes of the policy; the link to the organisation’s vision or mission statement and business plan; have reference to the legal requirements; indicate who is responsible for implementation;
    1. • An implementation plan which includes commitment from senior management and staff; consultation with people who use services, staff and the wider community; the training of staff to promote ownership and good practice; target setting and timescales; establishing methods for monitoring and measuring progress; communicating the policy to people who use services and staff;
      1. • the ways in which the policy will be monitored to include the collection of data, e.g. by gender. Ofsted, time scales.
        • An evaluation of the policy to see whether the policy has ensured fair representation of people from all groups in the community; high levels of customer satisfaction; a good reputation of the organisation in the local community;
        • After evaluation, targets can be set to improve future performance applications for services, those refused services, complaints
6. Other policies
  1. - Harassment = persistent unwanted behaviours towards another person on the grounds of race, gender, sexual orientation.
  2. - Bullying = using power to intimidate someone, usually to force them to do something they do not want to do.
  3. - Confidentiality = not passing on a personal information about another person.
7. Benefits of applying policies
  1. PWUS
    1. - Emotional happy - Feeling safe - Intercualy do weel in school, - Physical safe and well - Encourage them to do well - Everyoneone is geeting the oppertnuity to work and make a living - Reducing depression ad loniess in later adulthood - Preventing death and harm - Knowing their rights - Trust - Know where to report incidents - Holistic welliming – promoting quality care – PILES - Preventsdiscrmination - Increases confidence
  2. Care workers
    1. - Care workershave equal opps. - Rules for careworkers to follow - Promote confidence - Practioner feel empowerd that the care able to looj after someone - Promote communication - Care workers, a system of address - Care workers information is protected - Care worjers know hwo to go to - Care workers- motivational - Care workers- promote quality care
8. How can policies be used in day-to-day practice
  1. - Support systems for people who use services and staff
  2. - Fostering positive attitudes in staff
  3. - Staff knowledge and understanding of policies and procedures
  4. - Training and professional up-dating
  5. - Staff selection

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AS Health and Social Care

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