1, Some of the legislation and codes of practice in place to ensure people’s rights, equality and diversity, confidentiality and sharing of information when assessing individuals needs and preferences are: Race Relation Act 1976 – Makes it unlawful to discriminate on the grounds of race, colour, national or ethnic origin. Disabled Persons Act 1944 and 1958 – an employer who employs more than 20 staff has a duty to employ a quota of registered disabled workers. Disabled Persons Act 1986
The Disabled Persons Act 1986 strengthened the provision surrounding the meeting of various needs of disabled people in respect of the Chronically Sick and Disabled Persons Act 1970. Chronically Sick and Disabled Persons Act 1970
This act places a duty upon local authorities to investigate the level of need for services for people with disability who live in their area. This includes the assessment and provision of practical assistance in the home, help with adaptations to property, leisure, and assistance with meals and a telephone. Mental Health Act 1983 – This is to protect the rights of people with a mental illness. Disability Discrimination Act 1995 – Aims to protect people with disabilities from any form of discrimination. The Disability Discrimination Act gives rights to disabled people to prevent discrimination on the grounds of disability. It is unlawful to discriminate in relation to employment, the provision of goods and services, the management, buying or renting of land or property, education and transport. The act was introduced over a period of time. Human Rights Act 1998 – This ensures that everyone has the right not to be discriminated against, and that they have the right to freedom of association and freedom of peaceful assembly. The Care Standards Act 2000 – Is there to ensure that we are promoting these rights in the People We Support lives; Every Adult in our society has the following rights;
Legal rights – to be protected by law
Citizen rights – The rights to see information recorded about you. Moral rights – The right to hold your own opinion, free speech. Political rights – The right to vote or abstain from voting. Sexual rights – The right to have sexual relationships.
The Health and Safety at Work Act 1974 also referred to as HASAW or HSW, is the primary piece of legislation covering occupational health and Safety in the United Kingdom. The Health and Safety Executive is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment.
Access to Personal Files Act 1987
This legislation gives access (with some specific restrictions) to written information held by organisations on file about every individual. Access to Health Records 1986
This arose from the Data Protection Act and provided access to health records for individuals from the 1st November 1987.
Data Protection Act 1984
This legislation allows people to find out what records are held on computer about them and correct anything that may be wrong.
The Mental Health Act 1983
This act covers the care and treatment of mentally disordered people. It gives the criteria for compulsory detention in hospital. Some specific sections apply to individuals with a learning disability when they are considered to be suffering from 'mental or severe mental impairment'. The act contains the Regulations for Guardianship. Most of the legislation relates to care in hospital although some sections do associate with the community and people who appear mentally disordered in a public place Other legislation relating to health and safety in social care are as follows The Management of Health and Safety at Work Regulations 1992, which supports the health and safety act. The Control of Substances Hazardous to Health Regulations (known as COSHH) which ensures safe storage and usage of any substances that could harm other workers or service users. The Manual Handling Regulations of 1992, which...
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