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3.1 Key Aspects of Current Legislation : Part 1 - Coggle Diagram
3.1 Key Aspects of Current Legislation : Part 1
Care Act 2014
Safeguarding vulnerable adults
This includes: responsibility to ensure enquiries into cases of abuse and neglect; establishment of Safeguarding Adult Boards and responsibility to ensure information sharing and inter-professional working
Local Authorities have to guarantee preventative services
This could help reduce or delay the development of care and support needs, including carers’ support needs
Continuity of care must be provided
For example, if someone moves from one area to another so that there will be no gap in support or care
Duty to promote an individual’s wellbeing
Inclusive of protection from abuse and neglect, physical, mental health, and emotional wellbeing, social and economic wellbeing
Duty to provide an independent advocate
To facilitate the involvement of an adult or carer who is the subject of an assessment, care or support planning or review
Health and Social Care Act 2012
Clinical Commissioning Groups
GP led bodies that commission most health services, including primary care services such as GPs, dentists and pharmacies, and secondary care services such as those provided by hospitals
‘No decision about me without me’
The guiding principle by which patients are treated. Patients will be able to choose their GP, consultant, treatment and hospital or other local health service
Local Authorities have responsibility for their own area
increased focus on prevention with local councils taking over responsibility for public health services and population health improvement, for example obesity, anti-smoking, screening, vaccinations
Health and Wellbeing Boards
They bring together health and social care commissioners, councillors and a lay representative to promote joint working and tackle inequalities in people’s health and well being
Healthwatch
an independent service created by the Act, which aims to protect the interests of all those who use health and social care services. It has a role in communicating the views of patients to commissioning bodies and regulators
The Equality Act 2010
Discrimination due to a protected characteristic is illegal
Protected characteristics illegal (age, gender reassignment, disability, marriage and civil partnership, pregnancy and maternity, race, religion, sex, sexual orientation)
Breastfeeding
Women have the right to breastfeed in public places. It is against the law for a woman to get less favourable treatment because she is breastfeeding when receiving services. However, there is no right to breastfeed at work
Reasonable adjustments
They should be made by employers or providers of goods and services for those with disabilities. E.g. installing a ramp to access a building, aids such as computer software to help a person do their job or providing information in a suitable format
Pay secrecy clauses
These clauses are now illegal
Positive action
The Act encourages positive action. One form of positive action is encouraging or training people to apply for jobs or take part in an activity in which people with that protected characteristic are under-represented
The Mental Capacity Act 2005
Assume capacity
Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise. So a care worker must not assume someone cannot make a decision for themselves just because they have a particular condition or disability
Help individual’s to make their 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 learning disabilities
Unwise decisions
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 lacking capacity for thinking differently
Decisions must be in the individual’s best interests
Action should be taken or decisions made under the act or on behalf of a person who lacks capacity must be done in their best interests. So care workers should provide reasons showing the decision they are making in the person’s best interests. They should try to involve the person, or consider whether the decision could be put off until the person regains capacity
Least restrictive options
Anything done for or on behalf of a person who lacks capacity should be least restrictive of their basic rights and freedoms. So while it would be reasonable for a care worker to insist on accompanying an individual with learning disabilities who lacks capacity on a visit to the shops or to see friends, it would not be reasonable to lock them in their room to prevent them from going out