Key aspects of current Legislation
The Care Act 2014
The Health and Social Care 2012
The equality Act 2010
The Mental Capacity Act 2005
The Children Act 2004
The Data Protection Act 1998
Human Rights Act 1998
Children and families Act 2014
The Care Act 2014
- Encourages service users to think about the outcomes they want.
- Puts a greater emphasis on the use of advocates, safeguarding and personal budgets.
- Clearly set out the role of authority and what they must do to provide support.
- Provide guidance for HSC professionals that says “individuals must be involved as they know themselves best and always take into account needs, wishes and preferences when planning”.
- Appeals process against council decisions.
The Health and Social Care Act 2012
- No decision about me without me, it puts people at the centre of decision- making which enhances voice, choice and control.
- Ensures better collaboration and partnership working across local government and the NHS.
-Gives patients a stronger voice- by setting up a monitor, clinical commissioning groups, Health Watch England and Care Quality Commission to collect feedback and use this to access quality of services.
The Equality Act 2010
- Brought together previous legislation that protected people from discrimination.
- Applies to everyone who provides a service to the public.
- Everyone has a right to be treated with dignity and respect.
- Prohibits discrimination on the grounds of “protected characteristics”
- Prohibits both direct and indirect discrimination, harassment and victimisation.
- Public sector equality duty- to proactively eliminate unlawful discrimination, advance equality and promote cohesion.
The Mental Capacity Act 2005
- To empower and protect vulnerable people who are unable to make their own decisions.
- All adults have the right to make their own decisions.
- All adults should be assumed to have the capacity to make their own decisions unless provided otherwise.
- Individuals have the right to support to help them make decisions.
- When acting on behalf of someone without capacity, all decisions must be in their best interests.
- Any intervention on someone without capacity should be that which is least restrictive of their basic rights and freedoms.
- Restraint must be proportionate and only carrier out when necessary to prevent harm.
The Children Act 2004
- The welfare of the child is the most important when decisions are made, this means the parents wishes can be overridden if they’re not in the child’s best interest (paramountcy principles).
- Children in need and their parents should be supported in the upbringing of their child by the local authority social services department.
- Courts ensure delays are avoided (could cause emotional abuse).
- Children are kept informed about what is happening.
- Established role of Children’s Commissioner for England to advocate for their interests.
- Safeguarding arrangements must promote children’s welfare.
- Information should be shared between agencies.
- Local authority has a duty to promote the educational achievement of looked after children.
The Date Protection Act 1998
- Controls use of personal informed by public and private organisations.
- Data must be used fairly and lawfully.
- Data must be used for a specific purpose.
- Data must be adequate, relevant and not excessive.
- Data must be accurate.
- Data must not be kept longer than necessary.
- Data must be kept securely.
- Individuals have the right to find out what information organisations store about them.
Human Rights Act 1998
- The Human Rights Act gives effect to the human rights set out in the European Convention on Human Rights.
- Your right to life
- Your right to respect for private and family life
- Your right to personal liberty (meaning you cannot be detained for reasons other than criminal activity or mental health issues)
- Your right to a fair trail
- Your right to freedom of religion and belief (your right to hold and express a religious or non- religious belief is protected)
Children and Families Act 2014
- Making sure families and professionals are working together and ensuring the children’s views are taken into account when decisions are made.
- Supporting personalisation for adopted children and children with SEND or disabilities.
- For adopted/ SEND children a personal budget will be agreed.
- Providing a single co- ordinated assessment- EHPC.
- Local authority must inform young people and parents of support they are entitled to, so they are aware of their choices and provide support for children with medical conditions so they can access school.
Overview of national initiatives
The Care Certificate 2014
Quality assurance (inspections such as Ofsted, CQC, (Care Quality Commission))
EHRC (Equality and Human Rights Commission)
NICE- National Institute for Health and Care Excellence
Strengths of legislation in reducing discrimination in society
Helps raise awareness
Give people more rights
More opportunities for groups in society/ improved access
Closed pay differentials to an extent
More equality in terms of job opportunities
High profile cases have been won so people think differently
School curriculum more equality and encouragement to partake in range of subjects
System of redress/ support
Helped to reduce discrimination
Merging of previous laws may make the process of seeking redress easier
Commissions provide support
What is the Care Certificate 2014
The Care Certificate is an agreed set of standards that define the knowledge, skills and behaviours expected of specific job roles in the health and social care sectors
What is Quality assurance (inspections such as Ofsted, CQC, (Care Quality Commission))
The maintenance of a desired level of quality in a service
What is EHRC (Equality and Human Rights Commission)
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What is NICE- National Institute for Health and Care Excellence
The National Institute for Health and Care Excellence (NICE) provides national guidance and advice to improve health and social care. NICE is an executive non-departmental public body, sponsored by the Department of Health and Social Care.
Weaknesses of legislation in reducing discrimination in society
Legislation alone does not reduce discrimination/ discrimination still exists- need to work harder at changing attitudes
More emphasis within education, advertising, media to improve role models and reduce stereotypes
Difficult to police the amount of discrimination occurring/ hard to prove
Still big differences in pay between men and women/ ethnic groups/ people with disabilities
Top positions in business and politics still held by men/ people without disabilities
Stereotyping still very influential
Cost/ emotional stress and time to take cases to court
Many people unaware of their rights/ do not understand their rights
Glass ceiling
Fear of victimisation
