LO3 - Unit 2

LO3 - Unit 2

1. Legislation

   • THE CARE ACT 2014 - the way in which local authorities should carry out carer's assessments an needs assessments: how local authorities should determine who is eligible for support for support: how local authorities should care for both residential care and community care. the Act also places new obligations on local authorities
     • duty on local authorities to promote an individual's 'wellbeing' - wellbeing principles include: personal dignity, protection from abuse and neglect, physical and mental health and emotional wellbeing, social and economic wellbeing, suitability of living accommodation and control by the individual over day-to-day life. whenever a local authority makes a decision about an adult, they must promote that adult's wellbeing,
     • continuity of care - must be provided if someone moves from one geographical area to another, so that there will be no gp in care or support
     • duty on local authorities to carry out Child's Needs Assessments (CNA) for young people where there is likely to be a need for care and support after they reach the age of 18
     • an independent advocate to be available - to facilitate the involvement of an adult or carer who is the subject of an assessment, care or support planning or a review
     • adult safeguarding - includes: responsibility for enquiries into cases of abuse and neglect; establishment of Safeguarding Adult Boards responsibility to ensure information - sharing and inter-professional working
     • local authorities have to guarantee preventative services - that could help reduce or delay the development of care and support needs, including carers' support needs
   • THE HEALTH AND SOCIAL CARE ACT 2014 - the Act is underpinned by two main principles: first to enable patients to have more control over the care they receive and second that those responsible for patient care have the freedom and power to commission care that meets local needs
     • 'no decision about me without me' - intended to become the guiding principle behind the treatment of patients. patients will be able to choose their GP, consultant, treatment, and hospital brother local health service. this empowers individuals as they will be consulted and involved in decision making for their care
     • clinical commissioning groups - GP-led bodies will commission most health services, including primary care services such as GPs, dentists and pharmacies, and secondary care services such as those provided by hospitals
     • health and wellbeing boards - these boards bring together health and social care commissioners, councillors and a lay representative to promote joint working and tackle inequalities in people's health and wellbeing
     • public health - increased focus on prevention, with local councils taking over responsilibilites for public health services and population-health improvement, for example in relation to obesity, for example in relation to obesity, smoking, screening, vaccinations
     • healthwatch - an independent service created by the Act, which aims to protect the interests of all those who use health and social care services. healthwatch has a role in communicating the views of patients to commissioning bodies and regulators
   • THE EQUALITY ACT 2010
     • makes direct and indirect discrimination on the basis of a protected characteristic illegal. The 9 protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.
     • prohibits discrimination in education, employment, access to goods and services and houses
     • reasonable adjustments have to be made by employers or providers of gods or services for those with disabilities, for example installing a ramp to access a building, providing aids such as computer software to help a person do their job or providing information in a suitable format
     • covers victimisation and harass,ent on the basis of a protected characteristic
     • the Act encourages positive action. one form of positive action is encouraging or training people to apply for jobs or to take part in an activity in which people with that protected characteristic are under-represented
     • discrimination due to association is now an offence. this means that there is now protection for the carers of an individual who has a protected characteristic
     • pay secrecy clauses are now illegal. you cannot be legally prevented from disclosing your income to another person
   • THE MENTAL CAPACITY ACT 2005 - this Act is in place to a legal framework setting out key principles, procedures and safeguards to protect and empower those who are unable to make some of their own decisions. this could include people with learning difficulties, dementia, mental health problems, stroke or head injuries. there are 5 STATUTORY PRINCIPLES:
     • a presumption of capacity - ever adult has the right to make their own desicions and must be assumed to have capacity to do so unless it os proved otherwise. a care worker must not assume someone cannot make a decision for themselves just because they have a particular condition or disability
     • support to make own decisions - a person must be given all practicable help before anyone treats them as not being able to make their own decisions. this might include presenting information in a different format for those with physical or learning disabilities
     • best interests - acton taken or decisions made under the Act on behalf of a person who lacks capacity must be done in their best interest. care workers should provide reasons showing the decision they are making is in the individual's best interests. they should try to involve the person, or to consider whether the decision could be put off until the person regains capacity
     • unwise decisions - just because an individual makes what might be seen as unwise decision, they should not be treated as lacking the capacity to make that decision. people have the right to make what others may regard as unwise or eccentric decisions. everyone has their own preferences, values and beliefs, which may not be the same as those of others; they cannot be treated as laking capacity for thinking differently
     • less restrictive option - anything done for or on behalf of a person who lacks capacity should be least restrictive of their basic rights and freedoms. it would be reasonable for a care worker to accompany an individual with learning disabilities who lacks capacity on a visit to the shops or to see friends. it would not, however, be reasonable to lock them in their room to prevent them going out. this would be an unacceptable deprivation of liberty
   • THE CHILDREN ACT 2004
     • aims to protect children at risk of harm and to keep them safe. this may involve taking a child away from their family using an emergency protection order or care order
     • the child has a right to be consulted. the Act gives children who are mature/old enough a voice; their wishes should be taken into consideration
     • paramount principle. the child's needs must come first, for example, taking a child away from their family may adversely affect the adults but may be in the child's best interests. children have the right to stay within their wider familyy circle wherever possible
     • created the Children's Commissiner and set up Local Safeguarding Children Boards to represent children's interests
     • encourages partnership working - practiontoners need to ensure information is shared to help avoid miscommunication, particularly in child protection situations
     • children have a right to an advocate - Every Child Matters (ECM) has five aims: being healthy; enjoying and achieving; making a positive contribution; achieving economic wellbeing. these are universal ambitions for every child and young person, whatever their background or circumstances
   • THE DATA PROTECTION ACT 1998 - 8 PRINCIPLES
     • processed fairly and lawfully - meaning that information should be collected only with an individual's permission. the information should be shared only on a 'need-to-know' basis
     • used only for the purpose for which it was intended - information should be adhered only for a specific and necessary purpose and used only for that purpose
     • adequate and relevant but not excessive - care workers should collect and use only information that is needed. for example, a detailed case history would be required by a social worker in order to inform a care plan. the same level of information would not be required by a nurse treating someone who had injured their ankle laying football
     • accurate and kept up-to-date. - inaccurate data should be destroyed or corrected. care workers have a responsibility to ensure information is correct and systems should be in place for checking accuracy, for instance checking with patients
     • kept for no longer than is necessary - delete or destroy information when it is no longer needed. for example, securely deleting or shredding restive or personal data
     • secured - non-authored staff/people should not be allowed access to the information. the information
     • not transferred to other countries outside the EU - information should be transferred outside the EU unless the service user has given consent. this is because other countries may not have th same data protection legislation as the EU and so the data may not be secure
     • processed in the line with the rights of the individual - 'processed' means how the information is used. people have aright to now if information is being held about them and how their information is being used. they have the right to have any errors corrected, and to prevent any data being used for advertising or marketing
   • THE CHILDREN AND FAMILIES ACT 2014 - includes reforms for adoption, special educational needs, and child in care
     • the role of the Children's Commissioner: the Act has given the Commissioner stronger powers, the Commissioner has to ficus on the rights of all children, including those in care or who are living away from home, the Commisoner's role is increased, from representing 'th views and interests' of children to 'promoting and protecting' the rights of children.
     • parents who have a new child: parental leave-mothers, fathers and adopters can opt to share parental leave so act can take time off work when they have a new baby. fathers or a mother's partner can take unpaid leave to attend up to tow antenatal appointments. allows both parents to have time off to go to clinic appointments before the baby is born. allows people who are going to adopt a child have time off work to see he child and got to meetings about adoption
     • family courts and justice: introduced a 26-week deadline for the family court to rule on care proceedings. in cases where parents are splitting up, the courts should help parents do what is right for their child, not what parents might want. courts are to take the view that after separation both parents should be involved in their children's ives, if it is safe and in the child's best interest. introduced a single order called a 'child arrangements order' to replace contact and residence orders
     • SEND: introduced Education and Health Care (EHC) plans. children's needs are assessed in a holistic way with EHC plans. gives rights to a personal budget for children with an EHC plan. when writing an EHC plan, families have to be involved in discussions and decisions about children's care and education. young people and parents must be informed by the local authority of support they are entities to so they are aware of choices that are available. schools to be provided with more support for children with medical conditions in order to meet their needs. this extends the choice for children tobattend mainstream school if theychpose to. the Act aims to get education, health care and social car e services working together
   • THE HUMAN RIGHTS ACT 1998 - applies to all public authorities (all kinds of care homes,hospitals and social services departments)
     • right to life - services such as the NHS provide medication and treatments to preserve life. decisions to turn off a life-support machine cannot be made by an individual practitioner, permission has to be obtained through the courts.
     • right to respect, privacy and family life - in a residential home privacy can be maintained by staff not discussing residents' care where they can be overheard, and in health care by keeping a curtain round a hospital bed when treating a patient. social care services provide support to enable individuals with physical or learning disabilities to live as independently as they can and to have a family life
     • right to liberty and security - an individual cannot be detained or deprived of their freedom unless they have committed a serious crime or have been assessed under the Mental Health Act as being a danger to themselves of others
     • right to freedom from discrimination - further supported by the Equality Act 2010
     • right to freedom of expression - individuals have their own opinions and should have the opportunity to express these. for example, health and social care service users have the right to choice and to consultation aboutt their care and treatment
     • right to freedom of thought, conscience and religion - each individual has the right to their own faith and beliefs, which should be respected. for example, a primary school should celebrate not just Christmas but also other festive, for example Hannukkah, Diwali

2. National initiatives

   • guide providers of health, social care and child care environments and practitioners about their roles, rights and responsibilities.
     • THE CARE CERTIFICATE 2014
       • the Care Certificate 2014 sets out the minimum standards that should be covered in induction training before members of the health care support snd social care workforce are allowed to work without direct supervision.
         • the Care Certificate is for 'unregulated job roles, rather than have the same skills and knowledge to provide safe and high quality care and support. the skills are the 15 STANDARD workers are assessed against these.S and care
           • The Care Certificate standard are: 1. understand your role 2. your personal development 3. duty of care 4. work in a person-centred way 6. communication 7. privacy and dignity 8. fluid and nutrition 9. awareness of mental health, dementias snd leaning disability 10. safeguarding adults. 11. safeguarding children 12. basic life support. 3. health and safety 14. handling information 15. infection prevention and control
             • the assessment of the required skills must take lace in the care setting and the standards are required to be covered as part of the induction programme for anyone new to care

3. Quality assurance

   • OFSTED
     • aspects inspected include: Effectiveness of leadership and mam=nagemtnt. Quality of teaching, learning and assessment. Personal development, behaviour and welfare. Outcomes for children and learners. Effectiveness of safeguarding. - it publishes inspection reports that identify good practice and indicate what needs to be improved, and puts failing schools into special measures and re-inpects to monitor progress and improvements
   • CQC (Care Quality Commission)
     • it registers and licenses care services to ensure essential standards of quality and safety are met, it carries out inspections of health and social car settings to monitor that the care for died continues to meet the standards required, it ubloshes inspection reports that rate care settings fromm 'outstanding' to 'inadequate', it can issue warning notices and fines if standard are not met
   • EHRC (Equality and Human Rights Commission)
     • has a website that provides information, advice and guidance about discrimination. it provides definitions of different types of discrimination. it gives advice on how you can decide if what happened was agents equality law. it suggests ways to sort out the situation wit the person or organisation. it produces factsheets about discrimination based on the nine protected characteristics. it advises on how to make a discrimination compliant. it proves information about how to take a case to court. it provides contact details for a telephone equality-advisory and support-service helpiine
   • NICE (National Institute for Health and Care Excellence)
     • main responsibilities are to: assess new drugs and treatments as they become available, provide evidence-based guidelines on how particular conditions should be treated, provide guidelines on how public health and social care services can best support people, provide information services for those managing and providing health and social care, to help inmporv outcomes for people using the NHS snf other public health and social care services
       • NICE considered whether a dog or treatment: benefits patients, will help the NHS meet its targets, for example improving cancer survival rates, is good value for money and cost-effective, should be available of the NHS

4. The impact of legislation and national initiatives

   • benefits: raises standards of care, guidelines for practitioners, provide a system of redress, accessible serves, empowerment, individual needs met, person-centred approach to care
   • staff selection and the interview procedures must comply with the Equality Act - advertisements and interviews must not discriminate against any of the nine protected characteristics. questions asked at an interview must be non-discriminatory, interviewers should be trained in equality and diversoty so that they are aware of bias and discriminatory practice. a mixed interview panel (age, experience, men and women, different ethnicities) can hep avoid bias
   • organisational policies - care environments have to produce policies to guide staff and too ensure service users are aware of the care and standards they are entitled to. policies promote good practice by: providing guidance about the aspects of care covered by the policy so that staff know how to handle situations, ensuring everyone is working to the same standards and so provide consistency of care, ensuring staff know their responsibilities and what is expected of them. making professional conduct clear, ensuring legal requirements are met, providing a system of redress, giving individuals rights, helping service users feel safe and secure, helping develop trust between service users and service providers