lth and Social Care
Enable rights and choices of individuals with dementia whilst minimising risks
These are some of the legislation related to minimising the risk of harm for an individual with dementia. Key legislation are Human Rights Act 1998, Mental Health Act 2007, Disability Discrimination Act, Safeguarding Vulnerable Groups Act 2006, Carers (equal opportunities ) Act 2004. Together these legislations form the fundamental rights and freedom of an individual. These affect the rights of every day life of an individual including what they can say and do, their beliefs, right not to be tortured and right for a fair trial. These rights have limits to ensure that other peoples rights are upheld.
The law of confidence protects people from having their personal information shared against their wishes. If a person gives private information to another person or organisation and reasonably expects that information to be kept confidential , they can take legal action if information is passed on without their consent. The threat of legal action may cause staff about disclosing personal information about a service user. Doctors have a duty of confidentiality to their patients. Generally personal information may only be disclosed , even to a persons close family , if he or she consents. This duty of confidentiality can be breached if there is a strong need to do so in the “public interest” or in the interest of the patient. A doctor may choose to breach confidentiality if they forsee harm to a patient or others. The British Association of Social Workers ethical guidance states that personal information given to social workers by a service user should be kept confidential and only disclosed where this could be in the public interest, where there is risk or where there is a legal obligation to disclose. In practise this means that a professional will normally abide by a patients wishes not to share information...