Legislations for Care

Legislations for Care

1. Equality Act 2006

   • The Act established the Equality and Human Rights Commission (EHRC)
   • Aimed to challenge prejudice and discrimination
     • Removing barries that could prevent individauals form achieveing their full potential
   • The Act recognised that barriers are based on prejudice and discrimination in relation to age, disability and health, gender, race, religion or belief, sexual orientation or transgender status

2. Promoting Positive Care Practice

   • When working with service users it is vital for care workers to recognise barriers that prevent people from fulfilling their potential.
   • Some of these barriers are based on prejudice and discrimination in relation to age, disability and health, gender, race, religion or belief, sexual orientation or transgender status.
   • Care workers should be prepared to challenge prejudice and discrimination and work towards removing barriers that may prevent individuals from fulfilling their potential, or participating fully in society.
   • Having a knowledge and understanding of the range of general legislation covered in this handout so far should help you develop your understanding of the rights that people have in law to be protected from discrimination and a clearer sense of how discrimination can be challenged.

3. NHS and Community Care Act 1990

   • It makes provision for people who have care and support needs to live independent lives in the community. People with physical and/or mental health needs can be supported in the community, whilst living in their own home or in a residential care home.
   • One of the main changes under the act was the idea of assessing need in the community. Local Authorities were given the responsibility of assessing the needs of people in their area, and to arrange for the provision of care services to meet these needs. Care services can include meals on wheels, home care, respite or short-break schemes, day care and nursing home care.
   • Assessment of needs is carried out at macro level and at micro level. Macro level simply means looking at the big picture. So, local authorities must produce a community care plan every three years. This plan considers the budget, existing service provision and the need that exists in their area. The plan might be for the development of new services, the expansion of existing services or the closure of services that are no longer needed.
   • Micro means small and this refers to the obligation on local authorities to assess an individual’s needs. The aim of an assessment is to find out about a person’s individual needs and the services and support required to meet these needs. A person’s needs are assessed by a member of the community care team. The assessment of needs is ‘person centred’. This means considering need from the service user’s perspective. If a person needs a service then there is an obligation to provide the service.
   • This is a move away from people with needs having to fit their lives around available services to one where the services are ‘needs led’ and are provided in a way that best suits the individual’s requirements.
   • Local authorities are responsible for needs assessment
   • Individual needs assessment is person centred and if a service is required it must be provided
   • Assessment of needs is carried out at macro level and at micro level.

4. Community Care and Health (Scotland) Act 2002

   • Nursing and personal care provided for people over the age of 65 is free of charge.
   • Local joint working between local authorities and NHS Scotland was expanded. This resulted in the formation of Community Health Partnerships or Community Health and Care Partnerships.
   • Direct payments for home care services was extended.
   • Informal carers, including young carers have the right to assessment of their own needs.
   • Local authorities have a duty to ensure that carers are aware of this right. This means that a parent who cares for a child with a disability, or a husband who cares for a wife with dementia, or a young person who supports a parent with a mental health problem or addictive behaviour can have the right to have their needs assessed. The views of carers and the person they care for, have to be considered before deciding which services to provide
   • Joint working between local authorities and NHS Scotland is to expand

5. Equality Act 2010

   • provides more clarity relating to protected characteristics under the law across the seven areas
   • The new Act clarifies the ways in which people will now have a legal right to make a claim of discrimination
   • The Equality Act also clarifies the range of ways in which people may face discrimination
     • Direct discrimination - when someone is treated less favourably than another because of a protected characteristic.
     • Associative discrimination - direct discrimination against someone because they associate with someone who has a protected characteristic.
     • Discrimination by perception - direct discrimination against someone because others think they possess a particular characteristic.
     • Indirect discrimination - when a rule or policy applies to everyone but disadvantages an individual or group with a particular protected characteristic.
     • Harassment - behaviour about which a complaint can be made even if it was not directed at the person making the complaint.
     • Harassment by a third party - employers are potentially liable for harassment of their staff by people they don’t employ.
     • Victimisation - when someone is treated badly because they have made or supported a complaint made under the Act.

6. Data Protection Act 1998

   • Data is any information about a person held in paper or electronic format
   • Data stored has to be kept up to date and accurate
   • Data must be kept safely to prevent loss or damage or unauthorised access and use of the information
   • Subject Access Request can be made for a copy of personal information held by an organisation.

7. Adults with Incapacity (Scotland) Act 2000

   • Permits people to make decisions on behalf of another adult who lacks capacity
   • Safeguards the welfare and finances and property of adults with incapacity
   • • Decisions taken must: - Benefit the adult - Recognise and reflect the wishes of the adult, nearest relative or primary caregiver - Achieve desired benefits - Promote the welfare of the adult by encouraging the use of existing skills.