legislations
2.3 LEGISLATIONS
Overview of Legislation
Promotes anti-discriminatory practice in health, social care, and childcare.
Provides individuals with rights through laws passed by parliament.
Protects rights for both care recipients and care providers.
Establishes societal responsibilities and legal frameworks for care access and quality.
Government monitors care organizations and sets service delivery standards.
The Care Act 2014
Affects individuals receiving social care and their carers.
Key Points:
Duty on local authorities to promote individual well-being in decisions (dignity, health, living conditions).
Ensures continuity of care when moving between areas.
Requires Child's Needs Assessments (CNAs) for young people nearing 18.
Availability of an independent advocate for assessments and care planning.
Safeguarding responsibilities include abuse investigations and preventative services.
The Health and Social Care Act 2012
Main Principles:
Patient control over care decisions.
Freedom for care professionals to commission necessary services.
Key Aspects:
Patients choose their GP, consultant, treatment, and hospital.
Clinical Commissioning Groups (CCGs) manage health service commissioning.
Health and Wellbeing Boards promote coordinated health and social care services.
Emphasis on public health, including prevention strategies.
Healthwatch aims to protect user interests, conveying patient views to commissions.
The Equality Act 2010
Consolidated previous discrimination laws.
Key Features:
Outlaws direct and indirect discrimination based on nine protected characteristics.
Characteristics include age, disability, gender reassignment, race, sexual orientation, etc.
Prohibits discrimination in various sectors (employment, education, services).
Mandates reasonable adjustments for individuals with disabilities.
Includes protections for breastfeeding mothers and promotes positive action for underrepresented groups.
The Mental Capacity Act 2005
Establishes principles and safeguards for those who cannot make decisions.
Five Statutory Principles:
Presumption of capacity.
Support for decision-making.
Recognition of unwise decisions.
Actions in the best interest of individuals lacking capacity.
Preference for less restrictive options for decision impacts.
The Children Act 2004
Aims to protect at-risk children and prioritize their needs.
Key Elements:
Children have rights to family connections and participation in decisions.
Intended to ensure safety and support through multi-agency cooperation.
Establishes the Children’s Commissioner to advocate for children's interests.
The Data Protection Act 1998
Sets out guidelines for information handling and privacy.
Eight Principles:
Fair and lawful processing;
Purpose limitation;
Data minimization;
Accuracy and up-to-date information;
Retention limitation;
Compliance with individual rights;
Security measures;
Restrictions on international data transfers.
The General Data Protection Regulation (GDPR) 2018
Updates the Data Protection Act with stricter data handling requirements.
Mandates consent for data collection, user data access rights, and breach reporting.
The Children and Families Act 2014
Focuses on reforms in adoption, special educational needs, and parental rights.
Enhances the Children’s Commissioner role to advocate for children’s rights.
Introduces parental leave and family court deadlines for faster resolutions.
The Human Rights Act 1998
Outlines essential rights entitled to individuals by public authorities.
Relevant Rights:
Right to life;
Right to respect for private and family life;
Right to liberty and security;
Right to freedom from discrimination;
Right to freedom of expression;
Right to freedom of thought, conscience, and religion.
Exam Tips
Familiarize with key aspects of the legislations discussed.
Understand the Care Act and the Health and Social Care Act with specific examples.