LD 201
Unit 4222-245 Understand the context of supporting individuals with learning disabilities (LD 201)
Outcome 1 Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities The learner can:
1. identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities
The following legislations and policies is by no means an exhaustive list, but does outline some of the main areas of law which promote an individual with learning disabilities rights
The Mental Capacity Act (MCA) 2005 - was introduced in England and Wales in 2007 and aims to protect the rights of people whose mental capacity is in doubt and people without mental capacity. It provides the framework for making decisions on behalf of others. It tells us what to do if we are involved in the care, treatment or support of people aged 16 and over who may lack capacity to make decisions. The Act states that everyone is assumed to make decisions for themselves unless shown otherwise. If it is not clear whether someone has the capacity to make a decision concerning a specific issue an assessment of their capacity should be carried out.
The Mental Health Act 1983 - The Court of Protection exists to safeguard the interests of anyone who is 'incapable by reason of mental disorder of managing and administering his property and affairs'. Anyone found on medical evidence to meet these criteria is known as 'a patient'. The Court's duties are normally carried out by appointing a receiver for a patient. The Mental Health Act 1983 gives the Court power to authorise virtually any transaction on behalf of a patient and to do whatever is necessary or expedient for the maintenance or benefit of the patient, his family and dependants.
The NHS and Community Care Act 1990 - made all the legal changes necessary for the implementation of the Caring for people
Outcome 1 Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities The learner can:
1. identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities
The following legislations and policies is by no means an exhaustive list, but does outline some of the main areas of law which promote an individual with learning disabilities rights
The Mental Capacity Act (MCA) 2005 - was introduced in England and Wales in 2007 and aims to protect the rights of people whose mental capacity is in doubt and people without mental capacity. It provides the framework for making decisions on behalf of others. It tells us what to do if we are involved in the care, treatment or support of people aged 16 and over who may lack capacity to make decisions. The Act states that everyone is assumed to make decisions for themselves unless shown otherwise. If it is not clear whether someone has the capacity to make a decision concerning a specific issue an assessment of their capacity should be carried out.
The Mental Health Act 1983 - The Court of Protection exists to safeguard the interests of anyone who is 'incapable by reason of mental disorder of managing and administering his property and affairs'. Anyone found on medical evidence to meet these criteria is known as 'a patient'. The Court's duties are normally carried out by appointing a receiver for a patient. The Mental Health Act 1983 gives the Court power to authorise virtually any transaction on behalf of a patient and to do whatever is necessary or expedient for the maintenance or benefit of the patient, his family and dependants.
The NHS and Community Care Act 1990 - made all the legal changes necessary for the implementation of the Caring for people