P4: Outline key legislation and regulation which govern safeguarding adults work.
Safeguarding Vulnerable Groups Act: The purpose is to restrict contact between children and vulnerable adults and those who might do them harm. The barring aspects of the Act came into force in October 2009. The Government is currently reviewing the implementation timetable for other parts of the Act, such as the provisions requiring employees to become ‘ISA-registered’. While the 2006 Act itself is very complex, its key principles are straightforward. They are as follows: •
Unsuitable persons should be barred from working with children and vulnerable adults •
Employers should have a straightforward means of checking that a person is not barred from working with children and vulnerable adults •
Suitability checks should not be one-offs: they should be an element of ongoing assessment of suitability to catch those who commit wrongs following a suitability check. The Rehabilitation of Offenders Act: The Rehabilitation of Offenders Act (ROA) 1974 was brought in to support people who have been convicted of a criminal offence, and who have not offended since, in gaining employment. Under the Act convictions become ‘spent’ or ignored after a specified rehabilitation period. This means that after the specified time has passed, an ex-offender would not normally be obliged to mention their criminal conviction when applying for jobs, obtaining insurance or during any involvement with criminal proceedings. All cautions and convictions eventually become ‘spent’, with the exception of prison sentences over two and a half years. The rehabilitation period will depend on the length of sentence given. It is not related to the offence committed. In the case of prison sentences, the rehabilitation period is based upon the overall sentence length and not the time served in custody. Sentence
People aged 17 or under when convicted
People aged 18 or over when convicted Prison Sentences of more than 6 months and up to 2.5 years
10 years Prison Sentences of 6 months or less
Fines, Community Service.
Period of the order or minimum of 12 months (whichever is longer)
Period of the order or minimum of 12 months (whichever is longer) Absolute Discharge
Simple Caution, Reprimands and Warnings
Immediately ‘spent’ Other Including Compensation Order, Supervision Order, Bind Over, Hospital Order
The police Act: This section details various Acts, and offences and common laws that are commonly used by Police officers. The Police Legislation is updated frequently to keep you informed with the new laws. Police Information aim is to raise awareness of the range of health and safety legislation that applies to workplaces in Great Britain. It has been created to:
Help users discover specific legislation that applies to their industry. •
Explain how to trace and obtain Acts and regulations.
Provide links to organisations that can offer advice and guidance on legislation. Sexual Offences Act: This includes sections relating to consent, and definitions of different types of sexual offence. SOA is gender-neutral although some offences remain gender specific. It includes sections relating to the capacity to consent of individuals with mental health need or a learning disability. Care Standards Act: The Care Standards Act, is a piece of primary legislation, which established an independent regulatory body for England known as the National Care Standards Commission. Its remit covered social care, private and voluntary healthcare services. The Act provided for an arm of the National Assembly to be the regulatory body for the same services within that country. The principal purpose of the Act was to provide much needed reform of the care services. The Act itself defines the...
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