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9 Cards in this Set
- Front
- Back
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The 8 main pieces of legislation you need: |
1) The Care Act 2014 2) Children and Families Act 2014 3) The Health & Social Care Act 2012 4) The Equality Act 2010 5) The Mental Capacity Act 2005 6) The Children Act 2004 7) The Data Protection Act 1998 8) Human Rights Act 1998
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The Care Act 2014 |
- Legalisation which applies to both an individual needing care and for first time careers.
- Puts individuals in charge of their care.
- Continuity of care MUST be provided: If someone moves from one area to another there should be no gap in care or support.
- Adult safeguarding: This includes responsibilities to ensure enquiries into cases of abuse and neglect, establishment of Safeguarding Adult boards and responsibility to ensure information sharing and inter-professional working.
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Children And Families Act 2014 |
-Reformed services for vulnerable children, by giving them greater protection, paying those with special attention to those with additional needs and helping parents and the family as a whole.
- PART 1: ADOPTION- °Approved adopters can foster until formal court approval. ° Adoption agencies no longer have to search for a perfect or even a partial ethnic match between potential adopters and children. °Gives potential adopters access to the adoption register. ° Adoptive parents now receive the same rights to leave and pay as birth parents.
-PART 2: FAMILY JUSTICE- °Expert evidence will only be considered in family proceedings if it will not have a negative impact on the child's welfare and resolves the case justly. °Provided it is safe and in the child's best interests, the courts are required to take the view that after separation, both parents should be involved in their children's lives.
-PART 4: CHILDCARE- °Provide child-minders with training and business advice, to help increase the provision and quality of childcare across the country. °Schools were given more flexibility in respect of offering childcare to pupils- breakfast and after-school club.
-PART 5: CHILD WELFARE- °Formalised 'stay put' arrangements designed to enable children to remain with foster families until the age of 21 if they choose to do so, and it is agreed by the foster family. °Counsils must inform young people and and parent carers of the support they are intitled to.
PART 6: THE COMMISSIONER- °The Children's Commissioner's role was increased from simply representing the views and interests of children to focusing on, and promoting and protecting the rights of children.
PART 7, 8 & 9: WORKING RIGHTS TO LEAVE AND PAY- °Mother's, father's and adopters can opt to share parental leave around their child's birth or placement. °Fathers or a mother's partner can take unpaid leave to attend up to two antenatal appointments. °Adopters have the right to unpaid time off to attend meetings before a child is placed with them. °Parents or carers in any role have the right to apply for flexible working hours. |
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The Health & Social Care Act 2012 |
- This Act is underpinned by two main principles: 1) To enable patients to have more control over the care they receive. 2) That those responsible for patient care (e.g, doctors, nurses) have the freedom and comission care that means local needs.
- 'no decision about me, without me': Patents get to choose their own GP, treatment, hospital and consultant to empower individuals. -Healthwatch: The Act establishes new Healthwatch patient organisations locally and nationally to drive patient involvement across the NHS. -Clinical Commissioning Groups: The Act puts the GPs in charge of spending funds in the way they see fit rather than the government - This allows NHS funding to be spent more efficiently. |
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The Equality Act 2010 |
-Replaced several previous laws on discrimination.
-Helps to ensure people with protected characteristics are not discriminated against due to one or more of these.
[ADGMPRRSS: The 9 protected characteristics are; Age, Disability, Gender reassignment, Marriage & civil partnership, Pregnancy & maternity, Race, Religion & beliefs, Sex and Sexual orientation].
-Public Sector Equality Duty: Public bodies such as the NHS have to eliminate discrimination from their organisations as it is a part of their duties and can be held accountable. |
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The Mental Capacity Act 2005 |
-This Act is in place to provide legal framework to protect and empower those who are unable to make some of their own decisions. This can include; dementia, learning disabilities, mental health problems, stroke and head injury. -YOU MUST ASSUME THAT EVERYONE IS CAPABLE TO MAKE THEIR OWN DECISIONS UNTIL PROVED OTHERWISE. -Least restrictive intervention: Anything done for on the behalf of individuals without capacity should at least be in their best interests and not of the career. |
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The Children Act 2004 |
-Purpose of this legislation is to make the UK a safer place for children and allows for the founding of a Children's Commissioner. -It aims to protect children at risk and to keep them safe. -Paramountcy Principle: The welfare of a child is always paramount and should take priority in any situation. (i.e, taking a child from a family may adversely affect adults but it is in the child's best interest and therefore a child can be taken away without the parents wishes. -They have the right to be consulted. Children's Commissioner: Gives children a voice and helps get their interests across. |
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The Data Protection Act 1998 |
- Controls how an individual's personal information is used by organisations, businesses or the government. - Gives individuals the right to find out what information the government and other organisations store about them. - Now has the EU General Data Protection Regulations as well (GDPR). They must have appropriate processes and records in place and they must appoint a Data Protection Officer. -Data cannot be transferred to different countries without additional permission. -MUST be deleted or destroyed when no longer needed. |
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Human Rights Act 1998 |
-Sets out the fundamental rights and freedoms that everyone in the UK is untitled to. It incorporates the rights set out by the European Convention on Human Rights (ECHR). Rights relevant to health and social care includes; 1) Right to life 2) Right to prohibition of torture and inhuman or degrading treatment 3) Right to respect, privacy and family life 4) Right to liberty and security 5) Right to freedom from discrimination 6) Right to freedom of expression 7) Right to freedom of thought, conscience and religion [Be aware that some other pieces of legislation mention rights: rights mentioned in other pieces of legislation are not always the same rights as mentioned in the Human Rights Act]. |
