P4 P5 unit 11

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P4-Outline key legalisations and regulations which govern safeguarding P5- Outline working strategies and procedures used in health and social care to reduce the risk of abuse

The Safeguarding Vulnerable Groups Act 2006 states that all those who carry out or apply for positions to carry out regulated activity (whether as paid or voluntary work) under this legislation must be checked through the Disclosure and Barring Service (DBS) The Police Act 1997 requires employers to carry out criminal record checks before employees or volunteers are allowed to provide regulated activity to vulnerable adults. From September 2012, a vulnerable adult is described by the Protection of Freedoms Act 2012 as a person aged 18 or over who is receiving ‘regulated activity’. Regulated activity for adults is divided into six categories 1. Providing health care

2. Providing personal care
3. Providing social work
4. Assistance with general household activities
5. Assistance with conduct of a person’s own affairs
6. Conveying (transporting from one place to another)
Regulated activity includes the supervision of any person carrying out regulated activity.i ii Individuals who fail to register when required and employers who fail to make the required checks are guilty of criminal offences punishable by fines or imprisonment. People who have criminal convictions such as sexual or violent offences (especially if against a child or vulnerable adult) will be barred automatically from any regulated activity with no right for the barred person to make justifications in their defence. People with other offences on their records which indicate a high probable risk of harm to vulnerable groups will also be barred automatically from any regulated activity but have the right to make representations in their defence. But the DBS will not remove the bar unless it is satisfied that there isn’t any risk of harm. Employers are now required by law to refer (i.e. report to the DBS) any person who they may consider to be a risk to vulnerable adults, because of that person’s certain behaviour at work or other information the employer gains about that person that gives reason for concern.iii The Rehabilitation of Offenders Act (ROA) 1974 was introduced to help individuals who have been convicted of a criminal offence, and to protect them from future discrimination. Anyone who has been convicted of a criminal offence where the sentence was under 2.5 years in prison, benefits from the Act, as long as they aren’t convicted again during the ‘rehabilitation period’. The ROA allows the convection to become ‘spent’ after the ‘rehabilitation period’ is over. Once a conviction is ‘spent’, the convicted persons has no obligation to reveal it in most situations such as applying for a job or insurance.  However, “Certain positions are exempt from the ROA” these positions include working with children or vulnerable adults. If this is the case, it is a legal requirement for the employer to carry out a DBS check, also the individual is legally obliged to reveal all convictions, both spent and unspent.iv Sexual offences act 2003 was implemented to protect the vulnerable adults. There are offences against sexual abuse of vulnerable persons with a mental disorder. These include situations where:v they are unable to refuse because of a lack of understanding, they are offered inducements, threatened or deceived, and

there is a breach of a relationship of care, by a care worker; The Care Standard Act and Health & Social Care Act introduced framework and guidelines for the administration and care of care institutions such as nursing/care homes or private hospitals. For instance “Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description)...
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