Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities
1.1 Identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities
The Mental Capacity Act 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 properly 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 a patient, their family and dependants.
The Equality Act 2010 – The act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. Every person had one or more of the protected characteristics so the act protects everyone against unfair treatment. They protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy