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14 Cards in this Set

  • Front
  • Back

The impact of legislation and national institute:

[8 in total- { = Similar so put together]



{•Personal-centred approach to care and provision


{•Individual needs are met


•Empowerment


•Accessible services


•Provides a system of redress


•Clear guidelines for practitioners to follow


•Raises standards of care


•Staff selection and interview procedures must comply with the Equality Act


•Organisational policies- Bullying, Confidentiality, Equal opportunities & Data handling

•Person-centred approach to care and provision


•Individual needs met

A person-centred approach to 'see the person as an individual', focusing on their personal needs, wants, goals and aspirations.



The individual becomes central to the health and social care process.



The support an individual needs must be designed in partnership with the individual, their family and/or carers.


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By allowing an individual, their family and friends, to say what is important to them gives them more control and improves their quality of life ensuring their needs are met.


Empowerment

The ways which a care practitioner encourages an individual to make informed choices and decisions so that the individual can take control over their own life.



(Sometimes an advocate is required)



Empowerment of a service user makes it easier to provide person-centred care and ensure an individual's needs are being met.



This is because if the service user is making the decisions themselves, then it will meet their own individual needs and interests because only they know what they truly want.

Accessible services

As part of the Equality Act 2010, reasonable adjustments have to be made for an individual with a disability to ensure that they are not at a disadvantage compared to an individual without a disability.



The are three areas to consider when looking at how to make services accessible;



1) MODIFICATIONS TO A POLICY OR PROCEDURE:


°Policies and procedures need to be monitored to ensure that they are not putting people with a disability at a substantial disadvantage when accessing goods, facilities and services.



(E.g, an organisation with a 'no dogs' policy should change it to 'assistance dogs only')



2) ADJUSTMENTS INVOLVING THE PROVISION OF AUXILIARY AIDS AND SERVICES:


°This one is on the organisation to anticipate what auxiliary aids or services need to be made available to people with a disability who would otherwise be at a substantial disadvantage compared to non-disabled people.



(E.g, a GP installing a hearing loop system for people hard of hearing)





3) ADJUSTMENTS TO PHYSICAL FEATURES:


°Organisations must take reasonable steps to remove or alter any physical barriers that make it impossible or unreasonably difficult for people with a disability to make full use of facilities.



(E.g, ensuring thee is ramp access instead of/ or in addition to stairs)


•Providing a system of redress

What is a system of redress?


-A way of obtaining justce to make a situation right.


- Allows the use of complaints to aid in future decisions.



Each piece of legislation outlines the rights that individuals are intitled to. If those rights are breached then the law/piece of legislation can be enforced by legal actions though the courts so that individuals have their rights restored or the organisation breaking the law is penalised (e.g, fine or imprisonment).

How do we know an organisation is breaching rights?

-Inspections by CQC and Ofsted identity when legislation is not followed and breached.



-Service users report/complain their rights are not being met.



-A carer/practitioner 'whistleblowing'- Reports their organisation is breaching service user rights.

How can service users ask for redress?

- AN ORGANISATION MUST HAVE A COMPLAINTS POLICY/PROCEDURE IN PLACE.



-Support groups can help them as they can offer advice on what steps they need to take in order to make a complaint to get redress.



- National initiatives such as the Equality & Human Rights Commission (EHRC) can give advice on how to make a discrimination complaint.

Clear guidelines for practitioners to follow

Legislation/national Initiative provides guidance for service providers and carers to follow.

•Raises standards of care

National Initiatives such as Quality Assurance organisations (such as CQC and Ofsted) can help to raise standards in a number of ways;



°Inspection reports indentify good practice and/or what needs improving- so practitioners know their strengths and weaknesses.



°Provides clear guidelines for practitioners to follow- so they know what is expected.


°Provides guidance and advice- so practitioners know how to achieve high standards.



°Identifies where staff training is needed- so practitioners know how to provide care of the appropriate standard.



°Encourages a person-centered approach- so practitioners know how to meet individual needs.


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The Care Certificate can also raise standards once a practitioner has completed it, they will;



>Know how to provide quality care.



>Know what it means to be caring.



>Have the skills to provide quality care.



>Know how to provide safe care and be able to improve their work standard.



>Know how to provide compassionate care and be able to build respectful, trustful relationships with service users.



>Have clear guidelines to follow.



>Have a better understanding of equality, rights diversity.



>Have a better understanding of appropriate legislation.


Staff selection and interview procedures must comply with Equality Act

The provisions of the equality Act impact on the way that staff are selected and interviewed. Job adverts must not state requirements that discrimate against certain groups.



Ways to ensure interviews are carried out using correct procedures;



°Train the interview panel so that they know the correct procedures to avoid bias and are aware of protected characteristics.



°Have a mixed panel (age, gender, disabilities)- To ensure there are a range of viewpoints to make it not biased.



°Consult relevant EHRC/Legislation/Policies to ensure compliance with legal requirements.



°Select candidate based on merit alone.



°Ensure questions are;


Non-discrinatory- Ensure people are not asked anything inappropriate.



Same questions to all- To ensure that there is a a fair chance for everyone in relation to the questions asked.



→No personal questions- To avoid asking about things that should not influence a decision.




°Mentoring- So that staff involved in the interviewing are made aware of the correct procedures by experienced staff.



°Monitoring:


→Forms/data to ensure they are receiving applications from a wide range of people.



→Employees are from a diverse range of people.

•Organisational policies- Bullying, Confidentiality & Data handling and Equal Opportunities

-As a part of the Equality Act 2010 nobody with protected characteristics can be discriminated or have unfair treatment and organisations can be held liable if they are caused by members of their staff.



-As a part of the Human Rights Act you cannot torment any individual: This includes Bullying.



-As a part of the Data Protection Act and the more recent EU General Data Protection Regulations (EU GDPR) organisations must have policies on confidentiality and data handling if there are to ensure they meet their legal requirements.



The key aspects of these pieces of legislation state what the confidentiality and data handling policy need to do.

Why an organisation should have a Confidentiality & Data handling policy:

> Provides guidance on how to maintain confidentiality.



> Provides guidance when to maintain confidentiality and when to break it in certain circumstances when required.



>Helps to ensure everyone is working to the same standards and there is consistency of care for all types of data.



>Ensures staff know what to do in situations where data might be at risk.



>Ensures staff know their responsibilities and what is expected.



>Ensure legal requirements are met.



>Provides a system of redress, as it sets out rights for users (and staff) in terms of their data.



>Helps prevent the misuse of information.



>Reassures service (and staff) when handing in sensitive information.



>Helps build trust between service user and service provider.

Why an organisation should have a Equal Opportunities policy:

>Provides guidance on how to provide Equal Opportunities for everyone.



>Helps to ensure everyone is working to the same standards and there is consistency of care for all.



>Ensures staff know their responsibilities and what is expected.



>Ensures legal requirements are met.



>Provides a system of redress, as it sets out rights for service users (and staff) related to discrimination and equality issues.



>Reassures individuals that rights and individual characteristics will be respected and protected.



>Helps develop trust between service user and service provider.



>Means that cases of discrimination will be investigated and challenged.


Why an organisation should have a Bullying policy.

>Individuals will know what to do, who to speak with and how to report if they are being bullied.



>Raises awareness of bullying: Helps people to recognise what type of behaviour is considered to be bullying.



>Helps prevent and reduce bullying.



>Gives individuals confidence to report and challenge bullies through procedures, and empower them.



>Guidance: Staff will know their responsibilities and what is expected.



>Ensures legal requirements are met.



>Provides a system of redress.



>Helps individuals feel safe and secure.



>Helps develop trust between service user and service provider.



>Helps individuals feel they will be listened to, and taken seriously.



>Means that cases of bullying will be investigated and challenged.