L03 Legislation & National Initiatives Flashcards

1
Q

Why do we need legislation in health, social and childcare?

A
  • to regulate standards
  • to keep everyone safe (service users, staff and organisations)
  • provides a structure of standards of conduct for practitioners
  • keeps care delivery consistent
  • ensures best practice
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2
Q

What are the 8 pieces of legislation?

A
  • Children’s act 2004
  • Human’s rights act 1998
  • Care act 2014
  • Mental capacity act 2005
  • Equality act 2010
  • Health and Social care act 2012
  • Data protection act 1998
  • Children and families act 2014
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3
Q

What is the purpose of the Children’s act 2004?

A
  • aims to protect children at risk of harm and keep them safe
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4
Q

What are the key points of the Children’s act 2004?

A
  • Making the child’s welfare paramount
  • The child has the right to be consulted
  • Promote educational achievement for children in care
  • Established role of Children’s Commissioner for England to advocate for their interests
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5
Q

What is purpose of the Human’s Rights act 1998?

A
  • Outlines fundamental rights and freedoms that everyone in the UK is entitled to.
  • It incorporates the rights to set out in the European convention on human rights (EHCR) into domestic british law.
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6
Q

What are the key points of the human rights act 1998?

A
  • sets out a minimum standard of how the public services should treat you
  • it makes sure that they think about meeting your basic rights when they do their job
  • parliament must think about whether a new law follows the Human Rights Act before it comes into force
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7
Q

What is the purpose of the care act 2014?

A
  • makes it clear that local authorities must provide or arrange services that help prevent people developing needs for care and support
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8
Q

What are the key points of the 2014 Care act?

A
  • Must carry out CNA where support may be needed over 18 years
  • Continuity of care must be provided for those moving areas
  • Local authorities must promote individual wellbeing and provide advocates and adult safeguarding services
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9
Q

Who does the 2014 care act protect?

A

all care-needing individuals living in each local community

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10
Q

Which settings is the care act relevant in?

A

all health and social care settings

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11
Q

What rights do the 2014 care act underpin?

A

right to life - ensures quality of life
protection from harm and abuse - adult safeguarding
right to choice - different providers
right to consultation - person-centred care
equal and fair treatment - advocacy services, support people to express needs

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12
Q

What is the purpose of the 2005 mental capacity act?

A
  • put systems in place to make decisions
  • to empower people to still be involved in their care (when they have difficulties with capacity)
  • enables restrictions to freedoms where individuals are deemed ‘unsafe’ to themselves (about healthcare or residential care)
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13
Q

Who does the 2005 mental capacity act protect?

A
  • those with a disability
  • those after/during a coma
  • those with dementia
  • those who’ve had a stroke
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14
Q

Which settings is the 2005 mental capacity act relevant in?

A
  • nursing homes
  • dementia homes
  • mental health hospitals
  • secure wards
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15
Q

Which rights do the 2005 mental capacity act underpin?

A
  • right to consultation
  • protection from harm and abuse
  • promotes choice
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16
Q

What is the purpose of the 2010 Equality act?

A

legally protects people from discrimination in the workplace and in wider society

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17
Q

What are the key points of the 2010 Equality Act?

A
  • brings together previous legislations that protect people from discrimination
  • applies to everyone who provides a service
18
Q

Identify protected characteristics of the Equality Act

A
  • sexuality
  • gender
  • race
  • disability
  • pregnancy
  • age
  • religion
  • civil partnership
  • marriage
  • transgender/ gender reassignment
19
Q

What is the purpose of the health and social care act 2012 (2022)?

A
  • to enable patients to have more control over their care
  • to give those responsible for care more freedom and power to commission care to meet local needs
20
Q

Who does the health and social care act protect?

A

anyone accessing health and care services

21
Q

Which rights does the health and social care act underpin?

A
  • right to consultation
  • right to choice - systems of redress, involvement in implementation of services needed
  • equal and fair treatment - reduces inequality to ensure fair and unequal access to health services
22
Q

What is ‘redress’?

A

correcting and improving things

23
Q

Explain what ‘HealthWatch’ is and it’s aims?

A

HealthWatch is an organisation that offers service users the opportunity to complain or give positive feedback on a service.
This is feedback to services to enable improvement and improved customer satisfaction.

24
Q

What is the purpose of the 1998 Data protection act?
(GDPR 2018)

A
  • Outlines individual rights surrounding their personal data
  • Outlines the expectations of those entrusted with this data to be protected and shared only on a ‘need to know’ basis
  • Data holders must ensure it is kept accurate and up to date
25
Q

What is the purpose of the 2014 Children’s and Families act?

A

This act covers a large range of considerations for the best approach to caring for children and supporting families with children

26
Q

What are the key areas of 2014 Children and Families Act?

A
  • Adoption
  • Family courts and justice
  • Special Educational Needs and Disabilities
  • Role of the children’s commissioner
  • Parents who have a new child
  • Improving how children are treated
27
Q

What does the Children and families act aim to do for children being adopted?

A
  • help children move in sooner
  • make it easier for children to find new families
  • help find more people to adopt children
  • make it easier to adults to look for the right child to adopt
28
Q

What does the Children and families act aim to do for family courts and justice?

A
  • established a 26 week deadline to speed up decision making
  • courts must do what’s right for the child not what the parents want
  • both parents should be involved in the child’s life
  • replaces contact and residence orders with a single order called a child rearrangement order
29
Q

What does the Children and families act aim to do for SEND children?

A
  • Education and health care plans (EHC plans) introduced
  • EHC plans are used up until the age of 25
  • rights to a personal budget for children with EHC plans
  • More support to be provided to schools for children with medical conditions
  • Aims to get education,. health acre and social care services working together
30
Q

What does the Children and families act do for the role of the children’s commissioner?

A
  • gives the commissioner stronger powers
  • Has to focus on the rights of all children , including those in care or living away from home
31
Q

What does the Children and families act do for parents who have a new child?

A
  • shared parental leave
  • fathers can take unpaid leave to attend up to 2 antenatal appointments
  • allows both parents time off to go to appointments before baby is born
  • Allows time off for those who are adopting
32
Q

What does the Children and families act do to improve how children are treated?

A
  • protect children from getting addicted to drugs or harmed by tobacco
  • get more help for young carers
  • get more help for parents of a disabled child
  • make sure schools give more help to children with medical conditions
  • make schools give free meals to all very young pupils
33
Q

Who does the children and families act protect?

A
  • children (with a particular focus on SEND children)
  • families with children
34
Q

Which rights does the Children and Families act underpin?

A
  • protection from harm and abuse - protection from tobacco
  • consultation - children are consulted
  • right to life - quality of life is considered
  • right to choice - involved in decision making
  • equal and fair treatment - all children are treated fairly
35
Q

How many standards are there in the care certificate?

A

15

36
Q
A
37
Q

Who is expected to complete the care certificate?

A
  • people who are new to the care sector
  • those who are providing direct care in a range of settings
  • those providing adult care
38
Q

What is the aim of the care certificate?

A

The aim of the care certificate is for all care workers to have the same minimum levels of skills and knowledge to be able to give safe and high quality support for the individuals for whom they are providing care

39
Q

What is the care certificate?

A

The care certificate is a national initiative that sets out the minimum standards that should be achieved by care workers before they are allowed to work without direct supervision

40
Q

What is ‘quality assurance’?

A

Quality assurance is a constant feedback loop to improve practice and service provision to ensure standards are met.

41
Q

Why is quality assurance important?

A

This helps to identify what ‘good’ looks like and enables settings of targets/ plans for improvement and also recognition of success/good practice

42
Q

What is the role of the Care Quality Commission (CQC)?

A
  • They register care providers, they monitor, inspect and rate services
  • They take action to protect people who use services
  • They speak with our independent voice, publishing their views on major quality issues in health and social care