Health and social care unit 7 Safeguarding Exam 2025

The Care Act 2014 - -This legisalation sets out the responsiblilities of local authorities for assessing a person's care needs, what support can be provided, protects adults who are at risk of being abused as well as, supporting the transition of young people to adult care. This piece of legisaltion was designed to promote the individual's inderpendence and wellbeing Human Rights Act 1998 - -This legislation protects the basic fundamental human rights and freedoms of individuals in the UK. It is based on the articles of the European Convention on Human Rights. by having this legislation, all individuals are able to challenge breaches of their human rights in a tribunal or court, all public bodies must uphold and respect everyone's human rights and all new laws must be written with the Human Rights Act in mind. The Human Rights Act protects you from discrimination in connection with your human rights under the Act. This means your human rights mustn't be breached or protected differently because of certain things like sex, disability, and race. This protection is wider than that of the Equality Act 2010. Some of the things that this certain legislation protects is: Access to education Life Freedom from torture and degrading treatment Health And Social Care Act 2008 - -The health And Socail Care Act was first put into the statute book in 2008 it was then updated in 2012. There are six key aspects of the Health And Social Care Act 2012: -No decision about me without me -Clinical Commissioning Groups -Health and Wellbeing boards -Public Health -Healthwatch -Care Quality Commission created in 2008 that regulates and inspects health and social care services in the UK. No decision about me without me- this is a direct quote from the legislation and aims to be the guiding principal of outstanding and excellent care. Patients should be able to choose their: 1) Treatment. 2) GP. 3) Other local services like police or other businesses. UNIT 7 UNIT 7 Pateints and adults with care and support needs must be empowered to make choices and decisions for themselves. Safeguarding Vulnerable Groups Act 2006 - -This Safeguarding Vulnerable Groups Act 2006 was passed to help avoid harm, or risk of harm, by preventing people who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work. The Independent Safeguarding Authority was established as a result of this Act. On the 1st of December 2012, the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service. The act implemented the vetting and barring scheme to ensure that people considered unsuitable to work with vulnerable adults and children are not able to do so. Organizations with responsibility for providing services or personnel to vulnerable groups have a legal obligation to refer relevant information to the service. Disclosure and Barring Scheme "No Secrets" (Department of Health 2000) - -The Disclosure and Barring Service (DBS) helps employers in England, Wales and Northern Ireland make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children or elderly people. The DBS check scheme sess if you have any previous convictions that would make you an unsuitable candidate for the job of caring for susceptible people to abuse like individuals with disibilities or the elderly. They can decide whether it is suitable for a person to be placed on or removed from a barred list which prevents people with working with vulnerable people to protect them from harm or abuse. Mental Capacity Act 2005 - -This Act is designed to empower and protect vulnerable people (Aged 16 or above) who lack the capacity to make their own decisions about day-to-day life, their care, and treatment. There are 5 principles of the Mental Capacity Act they are: 1) Assume capacity 2) Provide all practical help to make the decision 3) Respect the decision even if unwise After the assessment to see if they have the capacity which they do not: 4) Take the best interest decisions for the person you are helping 5) Take the least restrictive option Mental Health Act 1983 - -This is the main legisaltion taht covers the asseesment, treatment and rights of an individual with a mental health disorder. It is the law that allows for someone to be sectioned and treated without their consent due to not having the mental capacity Deprevation Of Liberty Safeguards Act - -Deprivation Of Liberty Safeguards Act ensures that people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person's best interests. Representation and the right to challenge a deprivation are other safeguards that are part of the Deprivation Of Liberty Safeguards Act. UNIT 7 UNIT 7 The Deprivation of Liberty Safeguards is the procedure prescribed in law when it is necessary to deprive of their liberty a resident or patient who lacks the capacity to consent to their care and treatment in order to keep them safe from harm. Equality Act 2010 - -The Equality Act 2010 protects children, young people, and adults against discrimination, harassment, and victimization in relation to housing, education, and social class. Age Disability Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity Race Religion or Belief Sex Sexual Orientation. These are called "protected characteristics". Public Interest Disclosue Act 1998 (The whistleblowing Act) - -This piece of legislation is an important part of providing care is ensuring a working enviroment that encourages people to challange practices in their own workplace. The law offers protection from detrimental treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing under the Public Interest Disclosure Act 1998. The limitation of protected discolosure are set out in the Employment Rights Act 1996. The person making the disclosure should not commit an offence in doing so which is a breach of the Official secrets act 1989 and must resonably believe one or more of the following: 1) That the enviroment has been, is being or is likly to be damaged 2) That the health or safety of any individaul has been, is beimng or is likely to be endangered 3) That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject to The Act protects workers in a number of ways, for example: -If an employee is dismissed because he has made a protected disclosure that will be treated as unfair dismissal; and -In any event workers are given a new right not to be subjected to any 'detriment' by their employers on the ground that they have made a protected disclosure, and to present a complaint to an employment tribunal if they suffer detriment as a result of making a protected disclosure. Data Protection Act 1998 - -The Data Protection act 1998 controls how your personal information is used by organizations, businesses, or the government. The Data Protection Act 2018 is the UK's implementation of the General Data Protection Regulation. Everyone is responsible for using personal data has to follow strict rules called 'data protection principles. They must make sure that the information is: UNIT 7 UNIT 7 Processed fairly, lawfully, and transparently Handled in a way that ensures appropriate security, including protection against unlawful or unauthorized processing or destruction or damage of personal data. It should be kept for no longer than is necessary. Rehabilitation Of Offenders Act 1974 - -The Rehabilitation of Offenders Act 1974 applies to England, Scotland, and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since. It ensures that those with past offenses are not unfairly excluded from working, including with vulnerable groups. This guidance is written to help people give advice and information to ex-offenders so they understand: -The difference between spent and unspent convictions - which convictions must be declared when applying for jobs or insurance -How long before different kinds of convictions are considered to be spent. The Act also exists to allow people with convictions to be reintegrated back into society by having the right to legally ignore their conviction(s) after a period of time. The Act allows convictions, cautions, reprimands and final warnings in respect of a certain offence to be considered 'spent' (Any crime that the sentence was under 2.5 years in prison benefits from the Act as long as they don't offend again in the rehabilitation period) . Once 'spent', the person is considered rehabilitated and the Act treats the person as if they had never committed an offence. As a result, the conviction or caution in question does not need to be disclosed by the person when applying for most jobs unless the role applied for is 'exempt' from the Act for example, caring for vulnerable people like the elderly or young children. If a role is covered by the Act, it is unlawful for an employer to refuse to employ a person (or dismiss an existing employee) because the individual has a 'spent' conviction. Therefore if a organisation refuses to employ someone due to their spent conviction they would be commiting a crime aganist the Rehabillitation Of Offenders Act 1974 Act. Care Standard Act 2000 - -The Care Standards Act 2000 was introduced to regulate, and ensure that agencies/ providers were competent in their duty of care, and to develop a level playing field for all service providers. of social care, early years and social services by regulating, inspecting and reviewing services in accordance with the Act. It aims to ensure that no one is allowed to work in the care sector if they have ever abused, neglected or otherwise harmed vulnerable people like adults in their care or placed them at risk. Sexual Offences Act 2003 - -The Sexual Offences Act 2003 makes it an offence for those engaged in providing care, assistance or services to someone with a learning disability or mental disorder to engage in sexual activity with that person whether or not that person has the capacity to consent. The Sexual Offences Act 2003 updates the law by prohibiting any sexual activity between a care worker and a person with a mental disorder while the relationship of care continues. A 'relationship of care' exists where one person has a mental disorder and another person provides care. UNIT 7 UNIT 7 Children Act 2004- Every Child Matters - --the Children Act 2004 is the latest update of a piece of legisaltion written in 1989 after the death of Victoria Climbe who was an eight-year-old girl who was tortured and murdered by her great-aunt and her boyfriend. The Children Act reinforces that allpeiople and organisations working with children have a responsiblility to help safeguard children and promote their welfare. This Act's ultimate purpose is to make the UK a safer place for children and allowed for the creation of a Children's Commissioner, as well as each local authority needing to appoint a director of children's services. It also allows the goverment to crete electronic records for every child in England, Scotland and Wales which in turn makes it easier to trace children across local authorities and government services. The principles of the act is to allow: -Children to be healthy -Children to remain safe in their environments - Helps children to succeed The key aspect of the Act is it aims to protect all children under the age of 18, who may be at risk of harm, and keep them safe. This may, as a last resort, means that the children may need to live away from their family. The rights of the child is paramount This means that all children's needs must come first. When decisions are being made about where a child lives or what health care treatment they receive the welfare and needs of the child must be the first consideration of anyone making a decision on the child's behalf. The child has a right to be consulted. The Act gives children who are mature enough a voice and their options should be taken into account in decisions of residency and health care. Working Together To Safeguard Children (2006) - -Working Together 2006 sets out what organisations must do to safeguard and promote the welfare of all children and young people under the age of 18 in Engalnd and was published following the implemation of the Children and Social Work Act and a subsequent goverment consultation which states that should work together to safeguard and promote the welfare of children and young people in accordance with the Children Act 198