1 Understand key legislation and agreed ways of working that support the fulfilment of rights and choices of individuals with dementia while minimising risk of harm WORD MEANING
RIGHTS Human rights; independence; respect; freedom to do what I want; to protect myself and my property; to be heard; to vote; to express my sexuality; right to an education/work. RISK Danger; part of life; unacceptable or acceptable; who’s risk? risky activities; risk of harm; injury; protection. CHOICE Independence; ‘my life’; variety of; priorities; making the right choice; making the wrong choice; what to eat; what to wear; relationships; place to live. HARM Danger; pain; intentional or unintentional; long lasting or short lasting; reputation; sense of identity/safety. ABUSE Physical; emotional; ﬁnancial; sexual; neglect; law; vulnerable; prison; shocking. TRUST Friendship; feeling – safe, secure, positive; enabling; back up; care; love. Money in Trust DIGNITY Free from embarrassment; acknowledged as a human being; a way of being/carrying oneself; sense of self; lack of dignity – abuse, damage, pain, fear
1.1 Explain the impact of key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm for an individual with dementia Human Rights Act of 1998 - This Act became law on the 9th November 1998 and mostly came into force on 2 October 2000. Its aim is to support individuals through the UK courts in some of the rights contained in the European Convention on Human Rights. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. The Human Rights Act also gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be. Human rights include:
• the right to life
• the right to liberty and security of person
• the right to respect for one’s private and family life, home and correspondence • the right to freedom of thought, conscience and religion • the right to freedom of expression
Legislation about Mental Capacity - Mental Capacity Act of 2005 and Adults with Incapacity (Scotland) Act 2000: Acts that address mental capacity issues are the Mental Capacity Act 2005, for England and Wales and, the Adults with Incapacity (Scotland) Act 2000. The primary purpose of these Acts is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. The statutory principles of the Acts are designed to protect people who lack capacity to make particular decisions. The Acts also support their ability to make decisions, or to participate in decision-making, as far as they are able to do so. Both Acts are supported by a Code of Practice which doctors, nurses, social workers, care staff and others working in a professional or any paid role are under a legal duty ‘to have regard’ to this.
Mental Capacity and Deprivation of Liberty Safeguards 2005 - These were introduced in England and Wales into the Mental Capacity Act 2005 through the Mental Health Act 2007. The MCA DoL safeguards apply to anyone aged 18 and over who has a mental disorder or disability of the mind – such as dementia - and who lacks the capacity to give informed consent to the arrangements made for their care and/or treatment. Deprivation of liberty can only be implemented after an independent assessment ﬁnds it to be necessary in their best interests to protect them from harm. The safeguards cover patients in hospitals and people in care homes. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to ensure people can be given the care they need in the least restrictive way
Mental Health Act 2007 – The Mental Health Act 2007 amends the Mental Health Act 1983 and the Mental Capacity Act 2005 and is...
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