legislations Flashcards
(37 cards)
The Care Act 2014
- Sets out responsibilities of local authorities for assessing:
~ a person’s care needs
~ what support can be provided
~ protecting adults at risk of abuse
~ supporting the transition of young people to adult care - It is designed to promote the individual’s independence and wellbeing
The Children Act 2004
- Overall, this Act makes the UK a safer place for children
- Includes introduction of the national Children’s Commissioner
- Local authorities having to appoint a director of children’s services in their area
- Everyone who works with children has a responsibility for and promoting each child’s well being and safeguarding
The Children and Families Act 2014
- Designed to better protect and support vulnerable children and their families
- Includes requiring schools to provide better medical support and free school lunches to infant school pupil
- Shared parental leave
- Reforms for children in care such as being able to stay with their foster family until their 21st birthday
The Civil Contingencies Act 2004
- In the event of a national or local crisis that affects human life, health and/or availability of essential supplies and services the Government can take charge and enforce emergency measures to protect communities
The Control of Substances Hazardous to Health (COSHH) 2002
- Substances such as chemicals, biological agents, dusts, vapours and gases that may be harmful to human health need to be tightly managed and used to prevent anyone coming to harm
- This includes how the substance is stored used and disposed of
The Data of Protection Act 2018
- All organisations and individuals who work with personal data must follow 6 data protection principles
- This includes:
~ using information fairly
~ used transparently
~ used only as necessary - It also requires that data is kept secure and accurate including deleted when no longer necessary
- A 7th principle requires that organisations have an individual who is the ‘data controller’
- The Data Protection Act 2018 is the UK’s implementation of The General Data Protection Regulation (GDPR)
The Deprivation of Liberty Safeguards (DoLS)
- An amendment to The Mental Capacity Act 2005 ~ DoLS are measures taken if restrictions and restraints used under the Mental Capacity Act will instead take away the individual’s freedom
- The individual must be staying in a care home or hospital and practitioners must ask their local authority to authorise the restrictions
- DoLS include an appropriate person being appointed to represent the individual, review and appeal of the deprivation of liberty at any time and access to an independent mental capacity advocate
The Equality Act 2010
- States 9 protected characteristics that employers and organisations must not discriminate against: ~ Age ~ Disability ~ Race ~ Sex ~ Gender reassignment ~ Sexual orientation ~ Religion and belief ~ Marriage and civil partnership ~ Pregnancy and maternity
The Food Safety Act 1990
- Applying to all food businesses they are not permitted to include, remove or treat food in any way that could be harmful to human health
- Food must be labelled, presented and sold transparently to meet consumer expectations (can’t lie on the label)
The Food Safety (General Food Hygiene) Regulations 1995
- Specifies requirements for food premises regarding standards and cleaning of kitchen surfaces/furnishings, ventilation and availability of toilets and washbasins
- It also sets out rules around food waste, personal hygiene of staff
- Employers ensure food handlers are appropriately supervised or trained in food hygiene
The General Data Protection Regulation 2018
- This is the EU’s requirement for data protection which applies to all EU countries as well as all organisations who hold any data on any EU citizens
- It is the regulation that requires the UK to have the Data Protection Act 2018 and therefore is superior
- GDPR protects us on a much bigger scale because it also includes online markers, location data and genetic information within its definition of ‘personal data’
The Health and Safety at Work Act 1974
- Everyone is responsible for everybody else’s health and safety in the workplace
- This includes:
~ ensuring that all staff are appropriately trained
~ welfare facilities are provided
~ the working environment is safe and maintained
The Health and Social Care Act 2008
- This allowed for the creation and development of the Care Quality Commission
- It permitted the Public Health (Control of Disease) Act 1984 to repeal certain sections
The Human Rights Act 1998
The UK’s implementation of the EU Convention on Human Rights. This applies to every citizen in the UK and includes ‘articles’ that set out an individual’s human rights. Examples include: right to life, freedom from torture, inhumane or degrading treatment, and right to a private and family life.
The Management of Health and Safety at Work Regulations Act 1999
Employers must carry out risk assessments to manage hazards in their workplace as well as take steps to manage these risks and ensure that all staff are appropriately trained to work in the setting.
The Manual Handling Operations Regulations Act 1992
Employers are legally required to assess the risk to their employees from manual handling, including lifting, lowering, pushing and pulling
The Mental Capacity Act 2005
Designed to empower and protect vulnerable people (aged 16 years and over) who lack capacity to make their own decisions about day-to-day life, their care and treatment. You must assume that an individual has the capacity to make their own decision until proven otherwise
The Health and Protection (Notification) Regulations 2010
Doctors are legally required to inform their local authority if they suspect their patient has a notifiable disease an infection that could have a wider community impact or is contaminated by something that could harm community health. This also applies to people who have died.
The Health and Social Care Act 2012
No decision about me without me
Health and wellbeing boards - NHS and local authorities improve health and reduce inequalities
Public health - local council now have a responsibility for public health and population health improvement, focus on prevention for things such as smoking, obesity and vaccinations
Healthwatch - communicating the views of the patients to the commissioning bodies and regulators
Clinical commissioning group
The Mental Health Act 1983
This is the main legislation which covers the assessment, treatment and rights if an individual with a mental health disorder.
It is the law that allows for someone to be sectioned and treated without their consent.
The Mental Health Act 2007
Changes and updates were made to the previous legislation which include creating the role of approved mental health professionals a new definition of ‘mental disorder’ and the introduction of independent mental health advocates.
The NHS and Community Care Act 1990
NHS trusts = established which gave them responsibility for financial income, spending and providing hospital services.
It also requires local authorities to carry out assessments of older people and those disabilities to see what care can be provided to keep them in the community including availability of residential/domiciliary care
The Police and Criminal Evidence Act 1984
This Act brings together the investigative powers of the police, including arrest, detention, interrogation, entry, searching and collecting samples.
The Public Health Act 1848
This was the 1st legislation focused in improving the nation’s health. It was targeted at better sanitary and hygiene standards in particular. However, local authorities didn’t have to do this if they chose not to.
