L03-Legislation
Legislation...
Provides a framework to maintain and improve quality of practice
Provides guidance for those who work in the health, social care and early years sectors
Legislation protects
Sets out the standard of practice and conduct those who work in the health and social care and early years sectors should meet
Children and young people
Vulnerable adults
Minority ethnic groups
People with disabilities
Men and women
Older adults
Discrimination against individuals may be based on
Race/ethnicity
Disability
Sexuality
Age
Gender
Mental Health Act 2007
Equality Act 2010
Direct and indirect discrimination is illegal
Covers victimisation and harassment on the basis of a protected characteristic
Reasonable adjustments have to be made by employers or providers of goods or services for those with disabilities-e.g. installing ramps to access a building
Women have the right to breastfeed in public places
The act encourages positive action
Discrimination due to association is now an offence
Pay secrecy clauses are now illegal
Children Act 2004
Aims to protect children at risk and to keep them safe
Paramountcy principle, children's needs must come first
Children have a right to be consulted
Children have a right to an advocate
Every child matters (ECM)
Encourages partnership working
The act created the Children's Commissioner
The act also requires each area to set up a Children's Safeguarding Board to represent children's interests
Data Protection Act 1998
Processed fairly and lawfully, only collecting information with the individual's permission
Information should be used only for the purposes for which it was intended
Adequate and relevant but not excessive, only collect information that is needed
Information should be kept up to date
Information should be kept no longer than is necessary
Information should be processed in line with the rights of the individual
Information should be secured
Information should not be transferred to other countries
Health and Safety at Work Act 1974
The working environment must not put anyone at risk
The equipment provided must be safe and in good working order
Staff are provided with adequate health and safety training
A written health and safety policy is provided
The 'health and safety law' poster is displayed
There are health and safety procedures in place, such as fire evacuation procedures
Settings must have working fire alarms, extinguishers and accessible fire doors
Appropriate health and safety signs are provided
Adequate first aid is available
Protective equipment, if needed, is available free of charge to employees
It gives definition of different types of mental disorder
It gives relatives and approved social workers and doctors the right to have a person detained under the Act for their own safety or to ensure the safety of others
It clearly sets out the circumstances in which a person who has a mental disorder can be treated without their constent
The right to 'sectioning' procedures
Initially, detention is for the purpose of assessment and can be for a period of up to 28 days
A longer period of detention can follow, during which patients are required to receive medication
The act makes provision for the aftercare and treatment of people who have been discharged into the community; they are entitled to supervised treatment in the community
It sets out the safeguards to which the person with the disorder is entitled
It established Manager's Hearings, Mental Health Review Tribunals and the Mental Health Act Commission, through which individuals or their advocates can make a legal appeal against being 'sectioned' and kept in hospital for treatment against their will
This legislation does not apply to everyone with a mental disorder-only those whose condition is likely to pose a threat to themselves or others