1
Q
THE HUMAN RIGHTS ACT 1998
A
2
Q
KEY FEATURES
A
- Sets out our rights including the Right to Life.
- If breached, you can take legal action. (System of redress.)
3
Q
HOW IT HELPS AND PROTECTS THE INDIVIDUALS
A
- Empowered to know their rights and act if they are broken.
- Provides a system redress.
- Gives people constitutional rights, including vulnerable adults.
- Positive duty on ‘public bodies’ to act compatibly with the 1950 European Convention on Human Rights; to intervene proportionately to protect the rights of citizens.
4
Q
HEALTH AND SOCIAL CARE 2008
A
5
Q
KEY FEATURES
A
- Established the Care Quality Commission (CQC)
6
Q
HOW IT PROTECTS AND SAFEGUARD INDIVIDUALS
A
- Regulator ensures that quality of care is maintained.
- Respect and involves people who use services
- Consent to care and treatment
- Personalised care, treatment and support
- Care and welfare of people who use services
- Cooperating with other providers
- Safeguarding and safety
- Safeguarding people who use services from abuse.
- Carry out reports and provide recommendations to improve.
7
Q
THE EQUALITY ACT 2010
A
8
Q
KEY FEATURES
A
- Protected characteristics (Age, Disability, Sexual Orientation, Marriage and Civil Partnership, Gender Reassignment, Pregnancy and Maternity, Race and Sex).
- Protects people from direct and indirect discrimination
- Legal action – system of redress
- Make reasonable adjustments for disabilities
- Protects against discrimination within the workplace and in education
- Protects against discrimination and harassment
9
Q
HOW IT HELPS TO PROTECT AND SAFEGUARD INDIVIDUALS
A
a) Prohibit sex discrimination in education, employment, access to goods and services, management of premises, housing
b) Covers direct and indirect discrimination
c) Covers victimisation/harassment
d) Changed the definition of gender re-assignment
e) Discrimination on the basis of a protected characteristic.
f) Perception/association/third party is now an offence
g) Pay secrecy clauses have been made illegal
h) Adjustments for disabled persons
10
Q
DATA PROTECTION ACT 1998
A
11
Q
KEY FEATURES
A
Data must be:
- Processed fairly and lawfully – this protects as only information that is provided by the service user has to have their permission for it to be used. Personal information can only be used on a ‘need to know basis’.
- Used only for the purposes for which it was intended – this protects as the information cannot be used for other purposes thus maintaining the confidentiality of the personal information.
- Adequate and relevant but not excessive – this protects as unnecessary private and personal information will not be provided and therefore this will protect the service user.
- Accurate and kept up to date – this protects due to any inaccurate information will need to be destroyed and any past personal data, e.g. address can be destroyed and no longer available.
- Kept for no longer than is necessary – this protects as once this information is no longer needed it can be permanently destroyed, meaning that no one can access this.
- Processed in line with the rights of the individual – this protects as the service user will be made aware of the information that is held about them; they would have the right to challenge this if they considered the information breached their rights.
- Secured – this protects as non-authorised personnel will not have access to this data.
- Not transferred to other countries – this protects as their data cannot be transferred outside the EU without their permission
12
Q
HOW TO PROTECT AND SAFEGUARD INDIVIDUALS
A
Data must be:
- Processed fairly and lawfully (with informed consent of the subject)
- Obtained only for legal purposes
- Adequate and relevant for the purpose
- Accurate and up to date
- Not kept longer than is necessary
- Subject to appropriate security measures
- Not transferred to any country outside the .
- European Economic Area, unless in the opinion of the Information commissioner’s office, that country has adequate systems for its protection.
- The Act requires particular care to be taken with sensitive personal information. This would include, for example, data about a person’s ethnicity, religious beliefs, physical and mental health, sexual matters.
13
Q
THE MENTAL CAPACITY ACT 2005
A
14
Q
KEY FEATURES
A
- People to make decision on behalf of the individual to ensure that their views are heard – advocate!
- Unwise decisions
- Support to make decisions
- Less restrictive option
- Gives right to make your own decisions if you have capacity and are aged 18 or over. There are a few exceptions, such as decisions about treatment for mental health problems if you are detained under the Mental Health Act 1983.
- Users are assumed to have capacity
- Users should receive support to make your own decisions before anyone assumes you don’t have capacity
- Any decisions made must be in users best interests and restrict freedom as little as possible.(best interest checklist)
- Applies if users do not have the mental capacity to make a decision that needs to be made, for example about healthcare or residential care.
- Mental capacity assessment
- Can be used to give treatment for physical health problems
- States how users can plan ahead
15
Q
HOW TO PROTECT AND SAFEGUARD THE INDIVIDUAL
A
- Gives adults rights to make their own decisions
- A person is given all practicable help before anyone treats them as not being able to make their own decisions
- An unwise decision does not presume incapacity
- Anything done or a decision made on behalf of a person who lacks capacity must be done in their best interest.
16
Q
THE DEPRIVATION OF LIBERTY SAFEGUARDS
A
17
Q
KEY FEATURES
A
- The Deprivation of Liberty Safeguards are an amendment to the Mental Capacity Act 2005. They apply in England and Wales only.
- The Mental Capacity Act allows restraint and restrictions to be used – but only if they are in a person’s best interests.
- Extra safeguards are needed if the restrictions and restraint used will deprive a person of their liberty. These are called the Deprivation of Liberty Safeguards.
- The Deprivation of Liberty Safeguards can only be used if the person will be deprived of their liberty in a care home or hospital. In other settings the Court of Protection can authorise a deprivation of liberty.
- Care homes or hospitals must ask a local authority if they can deprive a person of their liberty. This is called requesting a standard authorisation.
- There are six assessments which have to take place before a standard authorisation can be given.
- If a standard authorisation is given, one key safeguard is that the person has someone appointed with legal powers to represent them. This is called the relevant person’s representative and will usually be a family member or friend.
- Other safeguards include rights to challenge authorisations in the Court of Protection, and access to Independent Mental Capacity Advocates (IMCAs).
18
Q
HOW TO PROTECT AND SAFEGUARD INDIVIDUALS
A
- Protects their right to freedom
- People are supported in their decision making
- People cannot be deprived of their liberty without all of the tests being met.
19
Q
PUBLIC INTEREST DISCLOSURE ACT 1998 (THE WHISTLEBLOWING ACT)
A
20
Q
KEY FEATURES
A
- An important part of promoting dignity is ensuring a working environment that encourages people to challenge practices in their own workplace. The law offers some protection from victimisation to people who blow the whistle under the Public Interest Disclosure Act (PIDA) 1998. The parameters of ‘protected disclosure’ are set out in the Employment Rights Act (ERA) 1996. The person making the disclosure should not commit an offence in doing so (e.g. breach the Official Secrets Act 1989) and must reasonably believe one or more of the following:
- That a criminal offence has been committed, is being committed or is likely to be committed
- That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject.
- That a miscarriage of justice has occurred, is occurring or is likely to occur
- That the health or safety of any individual has been, is being or is likely to be endangered
- That the environment has been, is being or is likely to be damaged, or
- That information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.
- The Act protects workers from detrimental treatment or victimisation from their employer to they can make complaints without fear and so adults are protected.
- If an employee is dismissed because he /she has made a protected disclosure that will be treated as unfair dismissal – this may help highlight institutional practices/ abuse of adults.
- Employees are able to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure about abuse of adults - so feel confident /protected.
- Workers can whistle blow directly to the commission (free form ‘concern / fear’ from employer) - gives them rights to protect adults.
- Defines complaints that count as whistleblowing-guidelines on when to whistle blow to safeguard adults.
- Protection of whistle-blower(s) identify – can help them be able to avoid repercussions.
- Provides legal framework about when to whistleblow/disclose
- Guides on what is public interest
- Guides employers on whistleblowing, e.g., confidentiality aspects
- Guidance on who counts as an employee
21
Q
HOW TO PROTECT AND SAFEGUARD INDIVIDUALS
A
- The Act protects workers from detrimental treatment or victimisation from their employer
- If an employee is dismissed because he /she has made a protected disclosure that will be treated as unfair dismissal
- Employees are able to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure
- Workers can whistle blow’ directly to the commission (free form ‘concern / fear’ from employer)
- Defines complaints that count as whistleblowing
- Protection of whistle-blower(s) identify
- Limit on amount of compensation
- Protects individuals who have experienced harm and abuse because others can speak on their behalf.
22
Q
REHABILITATION OF OFENDERS ACT1974
A
23
Q
KEY FEATURES
A
- Aims to enable offenders to gain employment (without having to declare some convictions)
- Under the Act convictions become ‘spent’ or ignored after a specified rehabilitation period
- After the specified time has passed, an ex-offender does not normally have to mention their criminal conviction when applying for jobs, obtaining services
- All cautions and convictions resulting in prison sentences of up to four years eventually become ‘spent’
- The 1974 Act was updated by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
- The 2014 changes generally reduced the time taken for convictions to become spent
- The rehabilitation period will depend on the length of sentence given, not related the offence committed
- In the case of prison sentences, the rehabilitation period is based upon the overall sentence length and not the actual time spent in prison
- The rehabilitation period is calculated from the date of conviction (or the date the caution is administered)
- An employer cannot refuse to employ someone (or dismiss them if already employed) because he or she has a spent caution or conviction unless an exception applies
24
Q
HOW TO PROTECT AND SAFEGUARD INDIVIUDALS
A
- Process of rehabilitation teaches people right and
wrong - Reduces the risk of future crime occurring
- Gives offenders the opportunity to integrate into
society
25
SAFEGUARD VULNERABLE GROUP ACT 2006
26
KEY FEATURES
- This Safeguarding Vulnerable Groups Act (SVGA) 2006 was passed to help avoid harm, or risk of harm, by preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work.
- This Act implemented the vetting and barring service scheme.
- The Independent Safeguarding Authority was established as a result of this Act. On 1 December 2012 the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service (DBS).
- The Act established the legal basis for the Independent Safeguarding Authority who managed the two lists of people barred from working with children and/or vulnerable adults replacing the former barred lists (List 99, the Protection of Children Act 1999 (PoCA), the scheme relating to the Protection of Vulnerable Adults (PoVA) and Disqualification Orders).
- Organisations with responsibility for providing services or personnel to vulnerable groups have a legal obligation to refer relevant information to the service and undergo an advanced vetting process with criminal sanctions for non-compliance.
27
HOW TO PROTECT AND SAFEGUARD INDIVIDUALS
- Minimises the risk of children encountering dangerous people
- Everyone working with children and vulnerable adults must have a DBS check
28
CHILDREN ACT 2004
29
KEY FEATURES
- Every Child Matters
- Be healthy
- Stay safe
- Enjoy & achieve
- Achieve economic wellbeing
- Make a positive contribution to society
- Established the role of Children’s Commissioner
- Established Local Safeguarding Children’s Boards
- Interagency work to share information (duty to cooperate)
- Local Authorities must appoint a Director of Children’s Services
- Electronic record of every child
- The welfare of the child is paramount
30
HOW TO PROTECT AND SAFEGUARD INDIVIDUAL
- allowing children to be healthy
- allowing children to remain safe in their environments
- helping children to enjoy life
- assisting children in their quest to succeed
- helping make a contribution – a positive contribution – to the lives of children
- helping achieve economic stability for our children’s futures.
- Children’s views and opinions are heard
- Professionals cooperating and sharing information meaning that a better picture of a child is built up
Safeguarding
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Decks in class (4)
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