LO3: Legislation and national initiatives

The Care Act

Local Authorities:
- promote individuals wellbeing - dignity, protection from harm, physical and emotional wellbeing.
- Adult safeguarding boards set up - share info for better support.
- Ensure and provide effective care for everyone.
Must c
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The Health and Social Care Act
- Aims to improve the outcome for service users - ensures person centred care.
- Promotes partnership working.
- Increased focus on public health - improving it
- Health Watch - independent serviced which aim to protect service users.
- Clinical comm
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The Equality Act
- Emphasis on 9 protected characteristics.
- Prohibits discrimination.
Protects individuals' rights.
- Encourages positive action to reduce discrimination.
Adjustments to ensure all individuals can access the service.
- EG, the right to breast feed in
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The mental Capacity Act 2005
- Capacity is assumed unless proven otherwise - allowed to make their own choice.
Keep best interest the focus of their care.
- Least restrictive intervention.
Keeps the right to make their own decision even if it seems unconventional.
- Should have a
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The Children's Act
-Local safeguarding children's Boards.
- Protecting children at risk of harm - may involve removing them from their family.
- Paramountcy principle - child comes first.
- Child has the right to be consulted - those old enough.
- Aim to ensure all chil
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Children Act - EveryChildMatters
Staying safe
Enjoying and achieving
Economic wellbeing
Positive contribution
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Data Protection Act
- Data only shared on a need to know basis.
- Data processed fairly and lawfully.
-Stored securely.
- Not shared outside the EU.
- Kept for the right amount of time - no longer.
- Adequate not excessive.
- Used only for intended purposes.
- Disposed of
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The children's and families Act 2014
- Introduced EHC plans to help children with additional needs.
- Allows new parents to take time off work to attend child appointments .
- Right to parental leave .
Family courts - 26 week deadline for family court ruling. Both parents involved where suit
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The Human Rights Act 1998
- Protects people's rights.
Right to life
Right to liberty and security
Right to freedom of expression
Right to freedom from discrimination
-All local authorities have to abide by these.
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The Care certificate
Set of standards that all health and social care workers stick to in their working life.
New minimum standards that should be covered in training.
Gives good skills and basis to develop their knowledge.
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What are National Initiatives?
Laws or acts that ensure that everyone is behaving in a way that is accepted. Ensure care providers are acting in a safe and fair manner and to ensure people are protected.
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CQC -Care Quality Commission
- Inspects and regulates health and adult social care settings.
- Publishes reports.
- Highlights good practice and what needs improvement.
- Issues warnings and fines.
- Ensures legislation is being followed.
- Ensures good standard of care and stan
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- Inspects and regulates child care providers.
- Inspections and gives a rating.
- Looks at the outcome of their care on individuals.
- Encourage person centred approach.
Monitors progress.
- Looks at effectiveness of safeguarding and leadership.
- Cl
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EHRC - Equality and Human Rights Commission
- Established by Equality Act.
- Provides info so individuals know their rights.
- Enforces laws that promote people's right to fairness, dignity and respect.
- Provides legal advice in discrimination cases.
- Has a website containing guidance on thes
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NICE - National Institute for health and social care excellence
- Provides guidance for health and social care settings.
- Assess new drugs and treatments.
- Improves outcomes of individuals using NHS.
- Considers whether treatment benefits the patient - cost effective.
- Helps NHS meet targets - cancer survival ra
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Impact of legislation
- Person centred approach and meeting individual needs
- Empowerment
- Accessible services
- Provides system of redress
- Clear guidelines
- Raises standards of care
- Staff selection and interview processes
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System of Redress
- Way of obtaining justice after receiving inadequate care.
- If rights are breached then the law can be enforced - take legal action.
- Organisations can be penalised, fines etc.
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Staff selection and interview process
- Must apply with The Equality Act.
- Advertisement must not state requirements that are discriminatory.
- Questions asked must be non-discriminatory.
- Interview panel should be trained in equality and diversity to avoid bias.
- Candidates should be
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Accessible services
- Ensure services are adapted so everyone can access them.
Ramps for wheelchairs, Braille on doors.
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Other cards in this set

Card 2


The Health and Social Care Act


- Aims to improve the outcome for service users - ensures person centred care.
- Promotes partnership working.
- Increased focus on public health - improving it
- Health Watch - independent serviced which aim to protect service users.
- Clinical comm

Card 3


The Equality Act


Preview of the front of card 3

Card 4


The mental Capacity Act 2005


Preview of the front of card 4

Card 5


The Children's Act


Preview of the front of card 5
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