When approaching the identification, assessment and management of risk, a knowledge of key legal principles and legislation will help practitioners to make informed decisions that promote both the involvement and interests of adults with a disability and older people, and their families. It will also support and promote best practice for professional staff involved in supporting positive risk management. An understanding of the following legislation and legal principles is important. However, where there is doubt about legal issues, expert advice should always be sought by services from the Council’s Legal Services.
These are rights and freedom to which every human being is entitled. The Human Rights Act 1998: Makes it clear that as far as possible United Kingdom courts should interpret the law in a way that is compatible with Convention rights. Places an obligation on public authorities, including local authorities, to act compatibly with Convention rights, ie Council staff need to be aware of the human rights of those adults to whom they provide support. Gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be. The following are of particular concern to staff who work with adults with a disability and older people: the right to liberty and security the right to respect for private and family life the right to freedom of thought, conscience and religion the right to freedom of expression the right to marry and found a family the prohibition of discrimination.
The Disability Discrimination Acts 1995 and 2005 give people with a disability rights in the areas of: employment,