The purpose of the Mental Capacity Act (2005) plus Amendment (2019) in relation to healthcare is to protect rights, safeguard and support individuals over the age of 16, who may lack the mental capacity to make choices about their own treatment or care.
The key principles of the Care Act 2014 include empowerment, protection, prevention, proportionality, and partnership.
Empowerment in the Care Act 2014 means that individuals should be supported to make their own decisions based on best possible information.
Protection in the Care Act 2014 means that service users who are in greatest need of support and protection should be prioritized.
Prevention in the Care Act 2014 means that it's better to take action before harm occurs.
Proportionality in the Care Act 2014 means that actions should be proportionate to the risk: being overprotective can disadvantage service users.
Partnership in the Care Act 2014 means working with a range of professionals, groups and communities to prevent, detect and report neglect or abuse.
Accountability in the Care Act 2014 means that healthcare and social care professionals need to be accountable for any activities in relation to safeguarding.
Care Quality Commission (CQC) is an independent regulator with an independent voice, able to publish views on quality issues in health and care services.
CQC ensures health and care services provide people with safe, effective, compassionate, high quality care.
CQC focuses on how services can improve.
CQC registers providers and monitors, inspects and rates services.
CQC can take action, including recommendations, fines, legal action and closing services, to protect people who use services.
Health and Safety Executive (HSE) is a national independent regulator for health and safety in the workplace, including public and private healthcare services.
HSE ensures health and safety standards and regulations are adhered to.
HSE inspects health and care workplaces following health and safety incidents of a nonclinical nature.
HSE improves health and safety in workplaces.
General Dental Council (GDC) is a UK wide statutory regulator.
GDC protects an individual’s safety and maintains public confidence in dental services.
GDCregisters qualified professionals and sets standards for the dental team.
GDCinvestigates complaints about dental professionals’ fitnesstopractise.
GDC ensures quality of dental education.
Nursing and Midwifery Council (NMC) is a professional regulator of nurses and midwives in the UK and nursingassociates in England.
NMC ensures that professionals have the knowledge and skills to deliver consistent, quality care that keeps people safe.
NMC sets the education standards professionals must achieve to practice in the UK.
NMC registers professionals and expects registered professionals to uphold the standards and behaviours set out in the NMC code.
NMC promotes self-reflection and evaluation of practice to improve services and encourage lifelong learning of professionals.
NMC can investigate reported incidents and take action.
Health and Care Professions Council (HCPC) regulates a range of health-related professionals including occupational therapists, prosthetists, orthotists, speech language therapists, dietitians and physiotherapists.
HCPC sets standards for professionals’ education, training and practice.
HCPC registers qualified professionals who meet required standards.
HCPC can take action if professionals on the register do not meet standards.
Office for Standards in Education, Children's Services and Skills (Ofsted) is responsible for regulating children homes under the Care Standards Act (CSA) 2000 where regulated activities take place.
Ofsted requires registration with the CQC where regulated activities take place.
Information Commissioners Office (ICO) promotes and supports information rights in the public interest, encouraging transparency and data privacy for individuals.
ICO carries out audits and advisory visits across health organisations in relation to personal data.