Legislation And Guidlines

Front 1

The Human Rights Act is a British Law. It now means in practice, if someone feels their rights have been violated in public authority they can bring the case to British Courts rather than the European Court of Human Rights. The act is designed to protect all citizens of the UK including; the right to life, freedom from torture, freedom from forced labour, privacy, right to a fair trial and freedom from discrimination.

Back 1

This links to challenging behaviour as those with challenging behaviour still have the same rights as those who do not. They have the right to be free from discrimination and still have privacy which some people may not understand. People who care for those with challenging behaviour may feel they shouldn't leave them alone for their safety and wellbeing although it is within their rights to have privacy if they wish.

Front 2

The convention on the rights of the child protects children's rights everywhere in the world. Most counties accept this policy and it applied to all children under the age of 18. It gives young people and children the right to have a say and express their view; it gives them the right to rest, play, leisure and be free from violence.

Back 2

This applies to children with challenging behaviour as the legislation doesn't discriminate and applies to everyone. Those with challenging behaviour are protected from violence and have the right to play as every child does. This means that when in a setting such as school they should not be excluded from times such as break and lunch due to teachers fear of challenging behaviour and the correct policies and procedures should be put into place to make sure all children can have a safe break time at the setting.

Front 3

The Children's Act was put into practice in 2004 and issues relating children now have a legal basis for how social services deal with situations regarding children. The guidelines make sure that all individuals who look after children at school, home or in a work place are protected in the eyes of the law. It allows children to be healthy, help them enjoy life and remain safe in their environments.

Back 3

This applies to children with challenging behaviour because when they are in a place of authority for example school, they have the right to remain healthy so for instance; healthy school lunches should be an option, those with challenging behaviour may not understand that fruit and vegetables are good for you and so will need the encouragement to make those choices; and also to stay safe there should be policies and procedures in place to ensure only those with permission can enter the school grounds and to keep the children within the grounds; those with challenging behaviour may see an open gate or a gap in the fence and see an opportunity to explore putting themselves in danger.

Front 4

The Care Standards Act also known as the CSA is an act which provides provision for the registration and regulation of independent hospitals and clinics, children's homes, care homes, residential family centres and so on. The main changes what this act brought in was that "local authorities will have to be regulated and meet the same care standards as independent sector providers" and an independent regulatory body for social care known as the National Care Standards Commission (NCSC) w as introduced. They monitor care homes on a national basis instead of local inspectorate units.

Back 4

The CSA applies to those with challenging behaviour, as children who live in care homes with challenging behaviour will have the support in place to make sure their needs are met within the home. Where as before the act came into place there may have been inconsistency for support with children with challenging behaviour due to the staff having inadequate training. It also applies to children with Challenging Behaviour as the NCSC monitors the care homes therefore their is a reduced risk for discrimination against them as people will be making sure the policies and procedures are being followed consistently.

Front 5

White Paper: Valuing People: A New Strategy for learning Disabilities for the 21st Century: This is where the government provide new opportunities for children and adults with learning difficulties and their families to live active and independent lives as part of their local communities. To do this the government have invested money for advocacy services for people with disabilities, they will make sure individuals have as much choice and control as possible over their lives and what support they want to receive. Also the legislation is going to make sure carers receive as much support as possible as it is a lifelong commitment to care for someone with learning disabilities; along with help with employment as less than 10% of those with learning disabilities are in employment.

Back 5

This benefits those with challenging behaviour as it is a learning disability and so the advantages the legislation is bringing will be relevant to those with challenging behaviour. Therefore when it comes to making essential decisions such as what medication to give the individual, or what support they need, they will be able to have a say if they are able to giving them independance which they may not have had before the legislation was put into place. Also their carers will be recovering support meaning they may be more relaxed as the advocacy services can offer carers day outs or money grants to give them a relaxing day giving them a break from caring for the individual with challenging behaviour. This benefits the individual as giving carers a break means they will be less stressed and will be giving the individual better care. Another reason why this benefits those with challenging behaviour, is when making the transition from being a child to an adult it can be difficult to find work and so this legislation is going to support the individual to help them find a suitable job which they will enjoy, enabling them to socialise and meet new people giving them better opportunities than they had before.

Front 6

Every child matters leading to the children act and the children's plan: Every child matters is the government wanting children to have the right to Stay Healthy, Be Safe, Achieve Economically, Contribute to Society Positively and Enjoy Life. As a result of this any service which provides for children ie. GPs and PSCOs come together and share information about the child ensuring that children are safe and they have the support they need to achieve their goals in life - giving young people a voice! This led to the Children's Act and the Children's Plan as the Children's plan is all about supporting children and young people throughout their early life ie. Being ready for different parts of education system making the transitions easily and achieving expected grades put in place by the government; also improving health reducing the proportion of obese and over weight children. The Children's Act also made it a requirement that local authorities need to change the way they provide services to children and young people. Emphasising the importance of cooperation in meeting the needs of younger people ensuring that they have a voice and are represented in the community. All 3 acts together strengthen the services available to safeguard children.

Back 6

This applies to children with challenging behaviour as they ensure that the support is out there for both themselves and the family. As a child with challenging behaviour it can be hard to achieve academically within school and the children's plan is put into place to make sure the support is there to achieve no matter your disability.

Front 7

The Mental Health Act allows people with a 'mental disorder' to be admitted to hospital, detained and treated without their consent; this can be for their own health and safety or for the protection of others. Section 136 of the Mental Health Act gives the police power to remove someone from a public place to a place of safety, this could be to a police station or even the hospital.

Back 7

This applies to people with challenging behaviour as if you display destructive behaviour in a public place, the police may detain or arrest you if they feel you are putting yourself or others in danger. Also if you display self destructive behaviour to the point you are putting your life at risk you can be admitted to hospital to be detained until you are treated or control your frustration/anger.

Front 8

Health Care Professions Council (HCPC) regulate professions such as Social Workers and Paramedics. All professions with a title such as a 'social worker' have to be registered with the HCPC. It is a criminal offence for someone to claim that they are registered when they aren't and they will be prosecuted.

Back 8

This applies to those with challenging behaviour as they will be involved with Social Workers and Paramedics at some point in their life. And so when they are in contact with a profession in the HCPC they will know and their families will know that they are qualified and they will receive the best quality of treatments and advice possible.

Front 9

The NHS Constitution establishes the principles and values within the NHS. There are a set of rights that public, staff and patients are entitled to and pledges that the NHS state they are going to achieve. It also explains how to help the NHS work efficiently and what the staff patients and public can expect from them.

Back 9

This applies to people with challenging behaviour as the individuals and their families can rely on the NHS to make sure they receive the best treatment and support possible to make their lives easier. For example if you were to cause a fight from being physically abusive and needed hospital treatment, you will know what to expect from the NHS and that you will receive treatment no matter your disability.

Front 10

Ofsted is the Office for Standards in Education, children's services and skills. They inspect and regulate services that care for young people and children , also places which provide education and skills for learners of all ages.

Back 10

This applies to those with challenging behaviour as when they are in education the individual and their families will know that the school or college is regulated and so they are receiving the best possible support to ensure they can achieve good grades like those without challenging behaviour. The parents can look online before sending their children to the place of education to read the Ofsted report, this will entail what it is like and if it is suitable for the individual to attend.

Front 11

Anti Harassment's
Policies have been put in place to stop bullying and harassment in settings through rules and discipline eg. Consequences

Back 11

People with challenging behaviour can harass or bully staff and their are consequences for this. Verbal abuse is a characteristic of challenging behaviour and consequences for verbal abuse can be exclusion from school or even involving the police as you are effecting someone else's life emotionally. Anti harassment policies also protect those with challenging behaviour from being harassed too. The school can support the individual with challenging behaviour to make sure they know they can tell someone if they are being harassed so the school can proceed with the correct procedures to handle the situation.

Front 12

Affirmative Action is a policy which is used to reduce discrimination within schools, colleges, work place etc. for those who otherwise in the past were at a disadvantage for instance women and ethnic minorities.

Back 12

This applies to those with challenging behaviour as in the past those with a challenging behaviour may have been discriminated against and not given a chance to succeed in life as a whole or in the education system. Where as affirmative action gives them a head start to ensure opportunities are available in the education system and in work places in he future.

Front 13

Staff development and training is a process of improving and making sure staff are aware of the upto date policies and procedures within the work place. This can be done through education and training opportunities and learning through watching others.

Back 13

This applies to those with challenging behaviour as on staff training the teachers in schools with learn how to control those with challenging behaviours. They will be taught different techniques and what may suit some children and what may not others, benefitting the children without challenging behaviour because in the class room there will be a reduced number of outbursts in the class meaning a better learning environment off both those with challenging behaviour and those without.