P5- Outline working strategies and procedures in health and social care.
M2- Describe legislation and regulations, working strategies and procedures in health and social care used to reduce the risk of two types of abuse.
Relevant legislation and regulations:
There is a law that has been passed by authority such as, parliament. The people that have to benefit from this legislation and policies are vulnerable individual.
The European convention and human rights and fundamental freedom 1950 and the human rights act 1998 spelt out the basic rights of all human and regardless of their condition or situation.
The anti-discrimination act, equal pay act, sex discrimination and the age discrimination act all of these play apart in the abuse that occurs as a result of discrimination.
Legislation
Main Points
Application
Safe Guarding vulnerable groups act 2006.
Protection of vulnerable groups act 2007.
Protecting vulnerable groups (PVG) act 2010.
Set for people who work with children and vulnerable individuals to be registered.
The independent safeguarding authority to be able for deciding who should be barred from working with people that are vulerbable.
This also applies to employed people and volunteers.
There are separate but liked barred lists for those working with children and adults.
Checks must take place before an individual can work with the vulnerable.
The rehabilitation of offenders act 1974.
This makes come convictions to be ‘spent’ or ignored after a period of time of rehabilitation or non-offending.
All health and care employment is normally extempt from this act and requires full disclosure of previous.
The Police Act 1997.
CRB checks have to be done under this act, are the norm in health and care settings.
CRB checks will be closely with ISA to ensure that a more detailed checks carried out.
The Sexual Offences Act 1976.
This act was created for sex offenders registered for identification and tracking purposes.
Enables sex offenders to be monitored and vulnerable people to be protected.
Care Standards Act 2000.
This was set for national minimum standards for accommodation, services and good work place practice in the care and protection of vulnerable adults.
Estabilished the protection of vulnerable adults scheme. It has been replaced by the ISA’s barred list.
Care Homes for older people; National Minimum Standards and the care home regulation 2003.
Identified the minimum levels of care a vulnerable adult should be given in care homes.
Set the national minimum standards that all older people in care homes were entitled to expect.
The Care Home Regulations 2003.
This adults placement schemes to be registered and inspected.
Applied similar national care standards to these schemes as were set for care homes.
Mental health act 1983 mental health ( Care and Treatment) Act 2003.
This was made to balance the right of the individual’s against the need to protect them and others because of their behaviour and illness.
Allows compulsory detention and treatment of people with mental illness.
Helps to ensure the rights are not being abused.
Mental Capacity Act 2005.
Estabilished the independent mental capacity advocated service.
Aims to help vulnerable people who lack the capacity to make important decisions for themselves.
Disability Discrimination Act 1995.
Defined disability and required to be made, in various areas, so that disabled people are not being discriminated against.
Covers mental illness as well as physical conditions.
Race Relations Act 1976.
Made on the grounds of race, colour, nationality, ethic or national origin unlawful.
People should not receive less of a service because of the colour of their skin or what they believe in.
Human Rights Act 1998.
Gave people that power to challenge received discrimination by pubic bodies.
Vulnerable people, being cared for have the right to privacy and protection.
Data Protection Act 1998.
Requires personal details and to be kept secure confidential.
From 2000 covers health and social care needs.
The list replaced the POVA list that had previously been placed since 2004.It lists people who have been barred from working with vulnerable adults. It spilits them into two categories, these people who are automatically barred because they offer a risk of threat and these who offer a very probable risk of harm.
The care standards tribunal appeals against such an automatic bans but it can only consider points of law or finding of fact.
Employers and providers of services must check a persons state before employing them. These checks will involve the adult barred list, criminal record bureau and the good practice of taking appropriate references from previous employers.
The role of criminal records bureau:
People wanting a job in health or care setting will have to fill out a form for a CRB check as it is essential within the care setting. In October 2009 they are required to have an in depth check, rather than the standard check.
Sector Guidance:
There have been various guidelines drawn up to reduce the risk of abuse of vulnerable adults and give guidance to employers.
Guidance
What does it cover?
Comment
The protection of vulnerable adults scheme 200.
Domiciliary care and Care Homes 2006.
Required staff who work in care homes, provide personal care in adults own homes.
Get the ISA vetting and barred schemed from October 2009.
No secrets department of health guidelines 2000.
Look at who will be at risk and why this might be. Set out multi-agency framework to encourage different professionals to work together.
Social services to take leads and involve council department, local to develop multi-agency codes of practice and ways of working together.
Review of no secrets guidance 2008.
National consultation exercise to review how it could be made better.
Report on exrcise in Huly 2009.
Safe Guarding Adults
Set national standards, defined services models or why this might be?
Aimed to ensure a nation wide approach to protection of adults and closer multi-agency working.
Dignity in Care Initative 2006.
To keep people dignity by rising awareness and helping people to challenge poor service and lack of respect.
Keep development going to estabilished dignity champions to make a different locally.
Human Rights in Health care- a frame work of local action 2007/2008.
Framework to help local NHS trusts develop and apply human rights approach in the design and delivery of their service.
Focus on fairness, respect, equality, dignity, autonomy.
Organisational Policies:
Guidelines are there to provide a basis on which organisations can develop their own policies. No matter how big the organisation is they all must have policies and guidelines on expected behaviour from staff, good practice in the delivery of care and the support of individuals.
It is said that multi agency management committee could oversee the development and implementation of such approach. Not only does this provide staff with a structure within which to work but it also helps individuals using the service to know what is acceptable and unacceptable when being giving treatment or care.
Codes of practice for nursing and social work:
Professional codes of practice require professionals to work to a high standard, respect people using the service as individuals and minimise risk to them. The nursing and midwifery council and the British Association of social workers produces such as codes of their members, as does the regulatory body the general social care council.
Strategies:
In the past, there has been rivalry between agencies and professionals over funding and complaints over ‘who does what’, which has obstructed closer professionals working.
Multi-agency working:
The support planning process and the single assessment process has been made within inter-agency co-operation, with the individuals needs being center of attention. Multi-agency works help a multi-disciplinary approach. This is where different professionals all come together to disscuss a case of individual they are all working with. For this to work, very good communicational skills are needed, and understand of what is going on in very stage of the individuals progress. If this is not done or followed out in the right way it can lead to death of children and vulnerable adults which it has done in the past.
Working in partnership with adults using services, families and informal cares:
This is aimed to give greater trust and empowerment of people using the service. This will make them feel more confident in talk about their worries, fears and possible abuse. It also helps people to get involved, including families and informal carers, are aware of and can monitor.
Closer working between professionals and within organisation:
This helps for better communication and information sharing to take place. In a care home, or similar 24 hour caring context, there may be three shifts of different staff members providing continual care. By doing it daily log it helps staff coming on to shift aware of what has been happening and if there are any important they should know about. Sharing concern can be result in early preventive action being taken.
Decision making processes and forums:
When making decision it is important that it is clear on what the decision you are making and what it involves, also that everyone understands what is happening. By doing this it is less likely that the development of abuse could take place. The use of forums encourages a sharing of idea and gives people a chance to express their opinions.
Organisational policies and staff training:
Clean guidelines of what is expected of you as professional is very important, it helps them as individuals understand what is acceptable and what is not. Train needs to be given when new procedures and policies are put into place so that everyone understand what they are expected to follow within the work place. Every new staff members needs a full induction, during this the policies and procedures are explained in full. This sets the tone for them to understand expectation of the future, behaviour and practice that should be given. This set the tone for them to understand what they should be following out at work.
The Role of Care Quality Comission:
This insures that all organisations are providing the best service to the individuals and he best interests are at heart. Also makes sure that they are following the rules and regulations that apply to them within the workplace.
Procedures for protection:
All procedures must be followed, in case of alleged or suspected abuse: these are set by the origination within the multi agency framework.
Whistleblowing:
Since the pubic interest disclosure act of 1998, staff have had the right to not suffer detrimental or be missed, as a result of the disclosure act. This applies if member of staff see another member of staff being abused or verbally abused. In the past staff have been aware of abuse being carried out but they did say anything because of fear of being called a grass.
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