Title of Legislation, Policy/ Procedure Essay

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Title of Legislation, Policy/ Procedure Essay

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1998
Human rights are legal obligations that must be obeyed by all public bodies and local everyone has the right to: Fairness, Respect, Equality, Dignity and Respect for their Personal Autonomy, and freedom from: torture, degrading treatment, slavery (forced labour), thought, belief, religion and expression. It gives them legal rights and gives them some protection from physical and discriminatory abuse, it also allows them to disclose abuse and have the same rights to all services that all non-disabled people have. Health and Safety at Work Act (HASAWA)

1974
The Health and Safety at Work act is about stopping people getting hurt or injured or ill through the work that they do. HASAWA also states that the employer is responsible for the health and safety of all their employees. Helps protect vulnerable adults in places such as care homes against physical abuse and neglect. This includes things like having proper working equipment and not having faulty equipment. For example, if a member of staff puts someone in a hoist and it isn’t working properly and the person is injured because of the faulty equipment, then this would be neglect because the member of staff wasn’t attending to the person’s needs. Care Standards Act

2000
This is an act that makes sure all institutions, such as hospitals and nursing homes, have a high standard of care. If they don’t meet this standard and they are inspected, measures will be put on them being closed down. This act protects people against neglect in all places where people are cared for because it sets out a standard of care that must be abided by to protect people from being neglected, because if the standard of care isn’t high enough, then the company or organisation can be prosecuted. Data Protection Act

1998
This act protects people’s data, whether it is stored electronically or in paper form. It makes sure their personal information is kept confidential. There are laws on protecting and sharing people’s information without their consent. The Data Protection Act helps protect peoples’ personal information confidentially in a secure place .For example, locked cabinets or on a data base. Only designated people are allowed to view and access personal information such as banks or doctors. It protects people from humiliation and financial abuse because only people who need to see someone’s personal/private information will be able to do so. Mental Capacity Act (MCA)

2007
Makes it clear who can make decisions for others in different situations, and how they must go about it. Anyone who works with or cares for an adult who lacks mental capacity must comply with the MCA when making decisions or acting on behalf of that person. This applies whether decisions are life changing events or every day matters and is relevant to adults of any age, regardless of when they lost capacity. This Act supports vulnerable adults by designating certain people to make decisions for their physical, emotional and mental wellbeing. As well as protecting them from being neglected because it makes sure all the decisions are made in the persons best interest not because the designated person wanted it for them. Disability Discrimination Act

Amended
2005
This is an act which ensures that anyone who has a disability in any form is protected from being discriminated against. Discrimination is where a prejudgement or unjust assumption is made about someone’s capabilities. The DDA gives people protection at work and in public places against discrimination linked to any disability they have and awards them the same rights as non-disabled people. It makes sure disabled people have access to the workplace and public places, for example by having lifts and wheelchair ramps. Care Homes for Older

People : National Minimum Standards and the Care Home Regulations 2003 2003
This is where the minimum levels of care are set for vulnerable adults in care homes and these set levels should be obeyed, otherwise the care home could have measures put onto it or even run the risk of being shut down. It protects vulnerable adults by maintaining a good service model. It protects them from neglect by delivering a level of service set out by a standard of reporting any areas of neglect or abuse. If procedures are followed it should reduce the risk of neglect happening in the first place. Manual handling operations regulations

Amended
2002
The manual handling operation regulations 2002 applies to a lot of things that people do day to day at work. This includes: lifting, pulling, lowering and carrying objects or people. Manual handling protects vulnerable adults against physical abuse and neglect because it sets the standard for how a person should be allowed to be moved regardless of their disability. It also protects a person from isolation because it allows them to be moved with the right equipment, for example in a care home if someone is bedridden it would allow them to be moved to the lounge to communicate and be around others, improving their mental wellbeing allowing them to feel better about themselves. Confidentiality

n/a
Confidentiality is keeping someone’s information or situation “secret”, with only relevant people knowing about it or seeing it. However, this cannot be kept in certain situations where you believe someone to be at risk of harm. In these situations, the person must know that are saying to you that you might have to tell someone else, but you would then explain to them what would happen when you told someone else. Confidentiality protects vulnerable adults because it allows them to keep some of their private life confidential regardless of them having a disability. It helps protect them from all kinds of abuse because it allows them to feel comfortable disclosing information about what abuse they are the victim of. Without the fear of it getting out to everyone and them being humiliated or not taken seriously because only relevant people will be told about the abuse and the adult would be kept up to date with what is happening, and will be supported through the process . All disclosures will be acted upon and taken seriously. “Whistle Blowing”

n/a
Whistle blowing is a term used for when staff can disclose bad practice without the fear of losing their job or being called an informant. Whistle blowing protects vulnerable adults because it allows staff to disclose abuse if they witness it on behalf of the service user .

P5 – Outline working strategies and procedures used in the health and social care to reduce the risk of abuse

Some of the working strategies that are already in place within the health and social care provision to reduce the risk of abuse being allowed to happen are;- POVA (PROTECTION OF VULNERABLE ADULTS)

POVA reduces the risk of abuse because it provides an overall procedure that must be followed in suspicion of abuse occurring/happening. This reduces the risk of abuse because it ensures all suspected abuse is dealt with quickly and promptly, removing the service user from the situation they are in and ensuring their safety is paramount. Good recruitment strategies

This reduces the risk of abuse occurring because it allows companies to filter through different people and pick the ones they want with the best qualifications/attitude towards this type of work. This involves having an interview with any new staff that are wanting to be employed. A list of things need checking;- Experience and qualifications should be checked as they should be qualified and should have some experience before working with vulnerable adults. Their understanding of the care value base should be checked. Interactions with the service users, do they interact well and how do the services users react to this situationand the person. References, these need to be checked in order to check whether the person they are hiring are a good character and interact well with others and how well they work etc to gain an overview of what people think of the person. DBS checks on new staff

These need to be made to see if we have committed an offence and are then eligible to work for that company depending what shows up. The POVA Register or List tells us who has harmed vulnerable adults. Any previous offences are kept on record to ensure vulnerable adults are protected from abuse occurring again. Criminal records are then kept on file. Organisations will share such data on the register. If staff changes jobs then they are required to have a new DBS check. This reduces the risk of abuse occurring because any criminal offences a person has committed will show up so therefore they wouldn’t be employed if they previously committed certain offences. Induction for new staff

When having an induction new staff are introduced to how the organisation works and what their role within the organisation will be and what it entails. They are introduced to the care service policies and procedures like the complaints procedure and whistleblowing. It ensures that staff are aware of what to do in all circumstances like fire drills etc. Identifies who they are to contact and when. Prepares the staff for working within the setting. Care plans for individuals are introduced and new staff will be taught how to fill these in etc. Ensures all staff are working safely like moving and transferring (moving and handling), risk assessment, RIDDOR etc. This reduces the risk of abuse occurring because the new member of staff will know the different service users’ needs and will have been introuded into the company policies etc. Staff Supervision and Management

The manager should be a role model on the safe working practices of the company. Monthly supervision sessions ought to take place to discuss the practice and any issues with any new staff. There should be opportunity to check on staff and provide and necessary training, safe equipment etc. care Plans should be reviewed. Team meetings and adopting a team approach with any situation. All incidents, issues and meetings are and should be recorded. This would reduce the risk of abuse occurring because training in things like moving and handling would be continually updated also they can send staff on extra training after they have been observed if needed. Staff training

Staff should be provided with full training and this should be refreshed every so often whether it be every few months or every couple of years. The training should include Moving and Handling, Complaints, Infection Control, Safe Handling of Medicines, Health and Safety, Fire Safety, Basic Food Hygiene and Diploma in HSC. This reduces the risk of abuse because staff would be continually learning better ways of doing things for service users to reduce the risk them getting hurt. Policies and procedures explained e.g. complaints and whistle blowing

POVA is a procedure for the protection of vulnerable adults. It is as follows, The Manager decides whether the alleged abuse could have taken place. They then take the steps to ensure the safety of the vulnerable adult (s). A referral is then made for a case conference to take place under POVA. There is a flow chart of the procedure below;-

Bibliography
http://www.pfc.org.uk/HumanRightsAct1998.html
http://www.justice.gov.uk/protecting-the-vulnerable/mental-capacity-act BTEC Level 3 Health and Social Care Book 2
POVA PowerPoint from Chesterfield College VLE unit 11


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