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H&SC Unit 7 LO3 - Legislations - Coggle Diagram
H&SC Unit 7 LO3 - Legislations
Human Rights Act 1998
The act enables specific rights to be given to every person living in the UK
It promotes for example the right to life, freedom from degrading treatment and respect for private and family life
This act helps protect the most vulnerable in our communities, including people receiving care and support
The 16 rights:
Right to life
Right to not be tortured or treated in a inhuman or degrading way
Right to be free from slavery or forced labour
Right to liberty
Right to a fair trial
Right to not be punished for something which wasn't against the law when you did it
Right to respect for private and family life, home and correspendence
Right to freedom of thought, conscience and religion
Right to freedom of expression
Right to freedom of assembly and association
Right to marry and found a family
Right to not be discrimated against in relation to any of the human rights
Right to peaceful enjoyment of possessions
Right to education
Right to free elections
Abolition of the death penalty
Mental Capacity Act 2005
The MCA is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over
It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery
The MCA also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future
Principles: Presumption of capacity, support to make a decision, ability to make unwise decisions, best interest, least restrictive
Childrens Act 2004
The children's Act 2004 is a development from the 1989 Act. It reinforced that all people and organisations working with children have a responsibility to help safeguard children and promote their welfare
The guidelines set out in this act allow for anyone working in an educational or non-educational setting and working with children to know how a child should be looked after in the eyes of the law
Principles of the act: Allow children to be healthy, help children to be happy and enjoy life, allowing children to remain safe in their environments, help children to succeed, help achieve economic stability for the future of children, help make a positive contribution to children's lives
Working together to safeguard children 2006
This act sets out how organisiations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Child Act 1989 and Children Act 2004
It was updated in 2013 and 2015
The Department for Education (DfE) has published statutory guidance setting out what organisiations and agencies that have functions relating to children must and should do to safeguard and promote the welfare of all children and young people under the age of 18 in England
The guidance covers: the legislative requirements placed on individual services, a framework for the three local safeguarding partners; and a framework for the two child death review partners.
Public interest disclosure act 1998
This act protects workers from detrimental treatment or victimisation from their employer
If an employee is dismissed because he/she has made a protected disclosure that will be treated as unfair dismissal
Employees are able to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure
Workers can whistle blow directly to the commission (free from concern/fear from employer)
Defines complaints that count as whistle blowing
Protection of whistle-blower(s) identity