H+Sc Legislation Unit 2

H+Sc Legislation Unit 2

1. The Care Act 2014

   • Duty to promote individuals wellbeing
   • Continuity of care must always be provided so there is no gap in care
   • Duty on local authorities to carry out Child’s Needs Assessments (CNA) - for young people likely to be a need for care and support after 18
   • Adult safeguarding, Safeguarding Adults Boards and ensuring information sharinf
   • Independent advocate is to be available to facilitate involvement of adult/ career who is the subject of an assessment, care or support planning or a review

2. The Health and Social Care Act 2012

   • Gives workers freedom and power to commission care that meets local needs
   • Gives patients more control over the care they recieve
   • No Decision About Me Without Me
   • Healthwatch protects the interests of all those who use services
   • Focus on public health, and improving it
   • Health and well-being boards bring together h+Sc commissioners, councillors and a representative to promote joint working and tackle inequalities

3. The Equality Act 2010

   • Combination of Sex Discrimination Act, Race Relations Act and Disability Discrimination Act
   • Makes indirect and direct discrimination illegal on 9 protected characteristics
     • Sex, age, sexual orientation, marriage and civil partnership, race, religion, pregnancy and maternity, disability, gender reassignment
   • Covers victimisation and harassment
   • Act encourages positive action
   • Discrimination due to association is now an offence
   • Pay secrecy clauses are now illegal
   • Adjustments have to be made for those with disabilities

4. The Mental Capacity Act 2005

   • Safeguards to protect and empower those unable to make decisions
   • 1. A presumption of capacity- Staff shouldn’t assume so,one can’t make a decision
   • 2. Support to make own decisions- A person must be given help before being told they can’t make their decision
   • 3. Unwise decisions- Someone cannot be treated as lacking capacity for thinking differently
   • 4. Best interests- The person should be involved
   • 5. Less restrictive option- On the basis of rights and freedoms

5. The Children’s Act 2004

   • Protects children at risk
   • Child’s needs come first
   • Child has the right to be consulted if mature/old enough their wishes should be considered
   • Safety, health, enjoying, and achieving are ambitions for every child
   • Children’s commissioner created and safeguarding boards set up
   • Encourages partnered working

6. Children and Families Act 2014

   • Free school lunches
   • Banning of smoking in a car with anyone under 18
   • More support for children with special educational needs and disabilities
   • Adoptive parents receive same rights to leave and pay as birth parents

7. Human Rights Act 1998

   • Let’s you defend your rights in UK courts
   • Compels public organisations to treat everyone equally, with fairness, dignity and respect

8. The Data Protection Act 1998

   • Information kept up to date and accurate
   • ‘Need to know basis’
   • Only gathered and used for a specific purpose
   • Kept no longer than necessary
   • Processed in line with the rights of the individual
   • Secured correctly, confidentiality policy