DEM 304

Topics: Law, Human rights, Rights Pages: 2 (643 words) Published: January 6, 2015
367 - DEM 304 - Enable rights and choices of individuals with dementia whilst minimising risk 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

Mental Capacity Act of 2005
Mental Capacity and Deprivation of Liberty Safeguards 2005 * Adults with Incapacity (Scotland) Act 2000 Mental Health Act 2007
The Disability Discrimination Act 1995
Safeguarding Vulnerable Groups Act 2006
Carers(Equal Opportunities) Act 2004
Together these legislations formed the fundamental rights and freedom of an individual. These affect the rights of everyday life of an individual including what they can say and do, their beliefs, right not to be tortured and right to a fair trial. These rights have limits to ensure that it does not damage other people’s rights. 1.2 - evaluate agreed ways of working that relate to rights and choices of an individual with dementia Policies and procedures in the care home including:

Mission Statement
Health and Safety
Risk Assessment
Safeguarding
Person Centered Care Planning
Equality Policy
Complaints Procedure
Safety and Security
Anti-Discrimination
Moving and Handling
1.3 - explain how and when personal information may be shared with carers and others, taking into account legislative frameworks and agreed ways of working 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 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,...
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