Discriminatory practices

• Direct discrimination


  Overt - individuals openly discriminate against others. Occurs when it is obvious by words or actions of an individual that they are deliberately disadvantaging against another person.
• Direct discrimination


  • Giving preferential treatment to some groups or denying treatment to other groups
  • Being paid less because you are male/female
• Indirect discrimination


  Treating people unfairly or less favourably compared to others
• Discriminatory practice is treating people unfairly or less favourably compared to others
• Basis for discrimination


  • Social class
  • Sexuality
  • Gender
  • Disability
  • Race
• Concepts related to discrimination

  • Stereotyping
  • Labelling
  • Prejudice
  • Disadvantage
  • Beliefs
  • Values
  • Vulnerability
  • Abuse
  • Empowerment
  • Independence
  • Interdependence
  • Racism
  • Sexism
  • Homophobia
• M2: Evaluate the effects on those using the service of three different discriminatory practices in health and social care settings
• The Care Act 2014


  • Promoting individual well-being
  • Preventing needs for care and support
  • Promoting integration of care + support with health services
  • Providing information + advice
  • Promoting diversity and quality in provision of services
  • Co-operating generally
  • Co-operating in specific cases
• The act sets out that now adult social care in England should be provided
• The Care Act 2014


  • Requires local authorities to make sure that people who live in their areas, should receive services that promote their care need from becoming more severe or delay the impact of their needs
  • Addresses the need to empower people, to balance choice, and control for individuals against preventing harm and reducing risk and respond proportionately to safeguarding concerns
  • Aims to ensure Local Authorities, take primary responsibility to promote individual wellbeing through education and support services
• What local authorities must do under the Care Act 2014

  • Act to protect adults at risk of harm, and abuse
  • Applying a robust safeguarding system and ensuring secure accommodation and practices as well as staff who have a clear DBS
• The Care Act 2014 aims to increase preventative and delaying services which support people at home and in the community as a priority as it is better for people to remain at home with support rather than be admitted or have to move into supported accommodation
• The Care Act 2014 helps support those who offer care and services are monitored through the use of regulating bodies such as the Quality Care Commission
• The Health and Social Care Act 2010


  • Establishes legislative framework that supports collaboration and partnership-working to integrate services for patients
  • Includes targeted changes to public health, social care and the oversight of quality + safety
• Protected characteristics under the Equality Act 2010

  • Age
  • Disability
  • Gender reassignment
  • Marriage civil partnership
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
• The Equality Act 2010


  • Provides a legal frame to protect the rights individuals and advance equality for opportunity for all
  • Promotes the rights of equal and fair treatment
  • Provides protection from discrimination
• The Mental Capacity Act 2005


  • Presumption of capacity
  • Support to make a decision
  • Ability to make wise decisions
  • If you make a decision for someone who doesn't have capacity it must be in their best interest
  • Do not treat a person as lacking the capacity to make a decision just because they make an unwise decision
  • Treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms
  • Allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future
• The Mental Capacity Act 2005


  • Promotes right to choice
  • Protection from abuse
  • Promotes independence
  • Builds trust
• The Children Act 2004


  • Reinforces that all people and organizations working children and protect their welfare
  • Promotes protection from abuse
  • Right to consultation
  • Supports the assessment for SEN
• The Data Protection Act 1998


  • Individuals have a right to ask whether you are processing of their personal data, for a description data, and the purpose it is held for, a description of who (people/organizations) might see their personal data and for a copy of the Information
  • Designed to protect personal data store on computers of organized paper filing system
• The Data Protection Act 1998


  • Promotes the right to confidentiality
  • Prevents fraud and cybercrimes
  • Protection of personal data
  • Promotes confidentiality
• The Human Rights Act 1998


  • Fairness, Respect, equality
  • Right to life
  • Prohibition of torture
  • Prohibition of slavery and forced labor
  • Right to liberty and security
  • Right to a fair trial
  • No punishment without law
  • Respect for your private and family life
  • Freedom of thought, conscience and religion
  • Freedom of expression
  • Freedom of assembly and association
  • Right to marry
  • Prohibition of discrimination
  • Protection of property
  • Right to education
  • Right to free elections
• The Human Rights Act 1998


  • Promotes the right to choice
  • Promotes the right to live
  • Promotes the protection from abuse
  • Promotes fair treatment
  • Protects individuals from discrimination
• Legislation provides individuals with rights to which they are entitled through laws passed by the parliament. Legislation and code set by the government outlines how people should act or behave in situations they face.
• The Care Certificate 2014

  • Consists of minimum 15 standards
  • Providing the same standard of care
  • It is a set of standards that define knowledge, skills and behaviors health and social care professionals must demonstrate in their daily working life
  • Aim is for all care workers to have the same skills and knowledge
  • Required to be part of the induction programme for anyone new to care
  • Enables care workers to provide safe and high quality care and support
• The 15 standards of the Care Certificate 2014

  • 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
• Quality assurance


  External bodies that regulate and inspect the quality of services provided in health, social care and childcare environments
• Examples of quality assurance bodies

  • Care quality commission (CQC)
  • Equality Aluman Rights Commission (EHRC)
  • Office for Standards in Education (Ofsted)
  • Nation Institute for Health and Care Excellence (NICE)