LO3-current legislation and national initiatives Flashcards
(41 cards)
What is legislation
a collection of laws passed by parliament
why is legislation used
to protect those receiving and providing care
Current legislation used
-The Care Act 2014
-The Health and Social Care Act 2012
-The Equality Act 2012
-The Mental Capacity Act 2005
-The Children Act 2004
-The Data Protection Act 1998
-Human Rights Act 1998
-Children and Families Act 2014
what is the aim of The Children and Families Act 2014
to ensure all children, and young people are able to access the right support and provision to meet their needs
what does The Children and Families Act 2014 involve
-Children’s commissioner
-Family courts and justice
-SEND
-Parents
what does the children’s commissioner involve
-stronger powers
-rights of ALL children
-increased role
what does Family Courts and Justice involve
-26 week deadline to rule on care proceedings
-help parents splitting do what is right for child
-parents to be involved in child’s life
-‘child arrangement order’ to replace other orders
what does SEND involve
-EHCP introduced
-needs assessed holistically
-families involved in EHCP
-information of entitlements must be communicated
-schools given support for SEND students
-working together with other care professionals
what does Parents involve
-parental leave
-unpaid leave for up to antenatal appointments
-time off for clinic appointments
-time off to attend adoption meetings
what are the 6 rights of The Human Rights Act 1998
- Right tot life
- Right to liberty and security
- Right to respect, privacy and family life
- Right to respect freedom from discrimination
- Right to freedom of expression
- Right to freedom of thoughts, conscience and religion
what are the 6 key aspects of The Children Act 2004
- Aim to protect children at risk of harm
- Paramountcy Principle - child’s need first above all
- Children have the right to an advocate (Every Child Matters)
- Encourages partnership. Sharing info
- Children’s commissioner. Regulating collating and sharing of information
- Child has the right to be consulted. Their wishes should be considered
what does Every Child Matters (ECM) involve
-staying safe
-achieve economic wellbeing
-make a positive contribution
-enjoy and achieve
-being healthy
What are the 8 principles of The Data Protection Act 1998
- Data shared on a N2KB
- Only used for the purpose it was intended for
- Adequate and relevant but not excessive
- Accurate and kept up-to-date
- Kept for no longer than necessary
- Processed (USED)n line with the rights of the individual
- Secured
- Not transferred to other countries outside EU unless consent is given.
what are the 9 protected characteristics
age, disability, race, gender reassignment, marriage & civil partners, maternity & pregnancy, religion/ belief, sex, sexual orientation
what are the 8 points of The Equality Act 2010
- Makes direct and indirect discrimination of protected characteristics illegal
- Prohibits discrimination (in education, work, access)
- Covers victimisation and harassment
- Reasonable adjustments have to be made
- The right to breastfeed in public/ not at work
- Encourages positive action
- Discrimination due to association - illegal
- Pay secrecy - legal
define capacity
ability to do something
what is the aim of The Mental Capacity Act 2005
to protect those that can’t make their own decisions
what are the 5 key principles of The Mental Capacity Act 2005
- Presume everyone as capacity until proven not
- Support to make own decisions
- Unwise decisions (may not agree but not your decision)
- Best interests
- Less restrictive option
what are the aims of The Care Act 2014
-put people and their carers in control of their care and support
-sets out what local authorities have to do to provide support
who is The Care Act 2014 for
those receiving care or being assessed and their carers
6 key points of The Care Act 2014
- Local authority’s duty to promote well-being.
- Local authority’s duty to carry out needs
assessments - Continuity of care
- Legally provide advocate to support
- Adult safeguarding (cases of neglect of abuse)
- LA’s promote healthy living to prevent or delay the
need for health services
2 main principles of The Health and Social Care Act 2012
- Patients have more control over their care
- Those responsible for care have freedom and power to commission care that meets local needs
5 key points of The Health and Social Act 2012
- No decision about me, without me
- Health and wellbeing board: aim to tackle
inequalities in people’s health and wellbeing - Clinical commissioning groups
- Public Health: increased focus on prevention with
local councils taking over (tackling obesity)
5.Healthwathc England
What are national initiatives
guide providers for health, social, care and childcare environments and professionals about their roles, rights and responsibilities.
