LO3

• Care Act 2014

  • Duty on local authorities (LA’s) to promote an individual’s wellbeing
  • Continuity of care must be provided
  • Duty on LA’s to carry out child needs assessment (CAN) for young people
  • An independent advocate to be available
  • Adult safeguarding
  • LA’ s have to guarantee preventative services
• The health and social care act 2012

  • Clinical commissioning groups
  • ‘ No decision about me without me‘
  • Local authorities have responsibility for their own area
  • Health and wellbeing boards
  • Health watch
  • Public health
• The equality act 2010

  • Discrimination due to protected characteristic
  • Women have the right to breastfeed in public places
  • Reasonable adjustments should be made for those with disabilities
  • Pay secrecy clauses are now illegal
  • Encourages positive action
  • Discrimination due to association is now an offence
• The Mental Capacity Act 2005

  • Assumed capacity to make their own decisions
  • Help individual's to make their own decisions- must be given all practicable help before being treated as unable to make decisions
  • Unwise decisions- individuals have the right to make these even if others disagree
  • Decisions made must be in the individual's best interests
  • Any decisions made for individuals who lack capacity need to be the least restrictive of their basic rights
• The Children Act 2004

  • The child's welfare is paramount
  • Aims to protect children at risk - care orders and emergency protection orders
  • Children have a right to an advocate
  • Local Authority need to consider the feelings and wishes of the child
  • Every child matters(ECM)
  • Partnership working- ensure information is shared to avoid miscommunication
  • Children's commissioner and safeguarding - to represent children's interest
• Every child matters (ECM)- Care practitioners must focus on children achieving the 5 outcomes

  • staying safe
  • being healthy
  • enjoying and achieving
  • make a positive contribution
  • economic wellbeing
• Data Protection Act 1998

  • Processed fairly and lawfully- shared only on a ' need to know' basis.
  • Used only for the purpose in which it was intended - information only gathered and used for a specific purpose
  • Adequate and relevant but not excessive - care workers should only collect information that is needed
  • Kept for no longer than necessary- delete or destroy information when it is no longer needed
• Data Protection Act 1998

  • Processed in line with rights of the individual- people have a right to know if information is being held about them and how their information is being used
  • Secure - no unauthorised person should be allowed access to the information
  • Not transferred outside of the EU - only be transferred if service user has given consent
• The Human Rights Act 1998 - sets out minimum standards of how the government should treat you

  • Right to life
  • Freedom from torture and inhumane or degrading treatment
  • Freedom from slavery
  • Right to liberty and security
  • Right to a fair trial
  • No punishment without law
  • Right to private and family life
  • Freedom of thought, belief and religion
  • Freedom of expression
  • Freedom of assembly and accosiation
  • Right to marry
  • Protection from discrimination
• Children and families Act

  • The role of the children’s commissioner - have to promote and protect the rights of children
  • Parents who have a child- parental leave so each parent can take time off when they have a new child
  • The courts and justice process- 26 week deadline for the family court to rule on care proceedings
  • SEND ( children with special educational needs and disabilities) - Introduced Education and Health Care plans, schools have to be provided with support for children with learning disabilities in order to meet their needs
• National Initiatives - guide providers of health, social and childcare settings and practitioners about their roles, rights and responsibilities
• The Care Certificate (2014)


  Sets out the minimum standards for good practice in key aspects of care.

  Required to be part of the induction programme for anyone new to care.

  For 'unregulated' job roles that previously did not require certification.

  Enables care workers to provide safe and high quality care and support.

  Sets out 15 standards that care workers are assessed against.
• Care Certificate Standards

  • Understand your role
  • Your personal development
  • Duty of care
  • Equality and Diversity
  • Work in a person centered way
  • Communication
  • Privacy and dignity
  • Fluids and nutrition
  • Awareness of mental health, dementia and learning disabilities
  • Safeguarding adults
  • Safeguarding children
  • Basic life support
  • Health and Safety
  • Handling information
  • Infection prevention and control
• Ofsted- carry out inspections that rate child care settings and schools

  Aspects Inspected:

  • Effectiveness of leadership and management
  • Quality of teaching, learning and assessment
  • Personal development, behaviour and welfare
  • Outcomes for children and learners
  • Effectiveness of safeguarding
• Care Quality Commissioner - is the regulator of health and social care for England

  • Registers and licenses care services to ensure essential standards are met
  • It carry's out inspections to ensure that care is meeting the standards
  • Publishes inspection reports that rate care settings from 'outstanding' to ' inadequate'
  • Can issue warning notices and fines if standards are not met
• Equality and Human Rights Commissioner- has a website that provides information, advice and guidance about discrimination

  • Provides definitions of different types of discrimination
  • Provides advice on whether what happened was against equality law
  • Produces factsheets about discrimination based on the 9 protected characteristics
  • Advises on how to make a complaint
  • Provided information on how to take a case to court
  • Provides contact details for a telephone equality advisory and support service helpline
• National Institute for Health and Care Excellence

  • It assesses new drugs and treatments as they become available
  • It provides evidence- based guidelines on how particular conditions should be treated
  • It provides guidelines on how public health and social care services can best support people
  • It provides information services for those managing and providing health and social care
  • It improves outcomes for people using the NHS and other public HSC services
• Person centred approach to care and provision and individual needs met

  • Legislation and National Initiatives are focused on promoting and protecting the rights and needs of the individual
  • The values of care embed person centred practice and ways of working to meet individual needs
  • This allows health, social and childcare settings to say what is important to them, gives them more control and improves their quality of life
• Empowerment

  Care settings implement legislation and initiatives such as the Care certificate will empower individuals to make informed choices and decisions for themselves
• Provide a system of redress

  • Each piece of legislation outlines the rights individuals are entitled to, if they are breached then the law can be enforced by taking legal action through the courts so that individuals have their rights restored or the person is penalised
• Accessible services

  According to the Equality Act reasonable adjustments have to be made to the environment to accommodate disabilities
• Clear guidelines for practitioners to follow

  • Mental Capacity Act- makes it clear who can take decisions, when they should take decisions and how they should go about it
  • Data Protection Act- provides detailed regulations about how to handle information about individual health, social care and childcare environments
  • The Care Certificate - has 15 standards that a care worker is assessed upon
  • Completing the care certificate demonstrates that the care worker knows to carry out their work to a high standard
• Staff selection and interview procedure must comply with the equality act

  • The provisions of the equality act impact on the way staff are selected and interviewed
  • Questions asked at interview must not be discriminatory, they must be the same for all candidates and can't be personal
  • Asking the same questions gives everyone a fair chance
  • The interview panel should be trained in equality and diversity to avoid bias or discriminatory practice
  • Must take place somewhere accessible
  • Candidates should be selected on merit to ensure equallity of opportunity
• Organisational Policies

  • Ensure health, social and childcare environments are providing the best quality care in a way that promotes equality and diversity and supports individual rights
• Benefits to individual requiring care and support

  • Help prevent being discriminated against
  • Ensures they are being treated fairly and according to their needs
  • Promote opportunity through access to the service
  • Develop their self- esteem/ confidence, their feelings of being empowered and valued
  • Helps the service user feel safe and secure
• Benefits for Care Worker

  • Helps them to do their job more effectively
  • Guide them on good practice and helps to provide good quality of care at all times
  • Helps to protect them if they have followed the policy
  • Ensure that all staff are working to the same standards and consistency of care
• Benefits for organisation

  • Helps to provide a good quality service for children/ parents/ patients
  • Ensures all staff are working within the law
  • Helps it to run smoothly as staff can clearly understand procedures that have to be followed
  • Protects the organsiation against complaints and helps it to develop a good reputation