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Safeguarding Adults and Key Legislation and Regulation

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Outline key legislation and regulation which govern safeguarding adults work. Safeguarding Vulnerable Groups Act: The purpose is to restrict contact between children and vulnerable adults and those who might do them harm. The barring aspects of the Act came into force in October 2009. The Government is currently reviewing the implementation timetable for other parts of the Act, such as the provisions requiring employees to become ‘ISA-registered’. While the 2006 Act itself is very complex, its key principles are straightforward.

They are as follows: •Unsuitable persons should be barred from working with children and vulnerable adults •Employers should have a straightforward means of checking that a person is not barred from working with children and vulnerable adults •Suitability checks should not be one-offs: they should be an element of ongoing assessment of suitability to catch those who commit wrongs following a suitability check.

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The Rehabilitation of Offenders Act: The Rehabilitation of Offenders Act (ROA) 1974 was brought in to support people who have been convicted of a criminal offence, and who have not offended since, in gaining employment.

Under the Act convictions become ‘spent’ or ignored after a specified rehabilitation period. This means that after the specified time has passed, an ex-offender would not normally be obliged to mention their criminal conviction when applying for jobs, obtaining insurance or during any involvement with criminal proceedings. All cautions and convictions eventually become ‘spent’, with the exception of prison sentences over two and a half years. The rehabilitation period will depend on the length of sentence given. It is not related to the offence committed.

In the case of prison sentences, the rehabilitation period is based upon the overall sentence length and not the time served in custody. SentenceRehabilitation period People aged 17 or under when convictedPeople aged 18 or over when convicted Prison Sentences of more than 6 months and up to 2. 5 years5 years10 years Prison Sentences of 6 months or less3. 5 years7 years Fines, Community Service. 2. 5 years5 years Conditional DischargePeriod of the order or minimum of 12 months (whichever is longer)Period of the order or minimum of 12 months (whichever is longer) Absolute Discharge6 months6 months Conditional Caution3 months3 months

Simple Caution, Reprimands and WarningsImmediately ‘spent’Immediately ‘spent’ Other Including Compensation Order, Supervision Order, Bind Over, Hospital OrderVariable periodVariable period The police Act: This section details various Acts, and offences and common laws that are commonly used by Police officers. The Police Legislation is updated frequently to keep you informed with the new laws. Police Information aim is to raise awareness of the range of health and safety legislation that applies to workplaces in Great Britain. It has been created to: •Help users discover specific legislation that applies to their industry. Explain how to trace and obtain Acts and regulations. •Provide links to organisations that can offer advice and guidance on legislation. Sexual Offences Act: This includes sections relating to consent, and definitions of different types of sexual offence. SOA is gender-neutral although some offences remain gender specific. It includes sections relating to the capacity to consent of individuals with mental health need or a learning disability. Care Standards Act: The Care Standards Act, is a piece of primary legislation, which established an independent regulatory body for England known as the National Care Standards Commission.

Its remit covered social care, private and voluntary healthcare services. The Act provided for an arm of the National Assembly to be the regulatory body for the same services within that country. The principal purpose of the Act was to provide much needed reform of the care services. The Act itself defines the range of care services to include: residential care homes, nursing homes, children’s homes, domiciliary care agencies, fostering agencies, voluntary adoption agencies, private and voluntary healthcare services – including private hospitals, clinics and private primary care premises.

It also established parity between local authorities and the independent sector in meeting the same standards of care. Mental Capacity Act: The Mental Capacity Act 2005 is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. Disability Discrimination Act: This protects all disable people in various areas such as: •employment •education access to goods, facilities and services, including larger private clubs and transport services •buying or renting land or property, including making it easier for people with disabilities to rent property and for tenants to make disability-related adaptations •functions of public bodies, for example issuing of licences The legislation requires public bodies to promote equality of opportunity for people with disabilities. It also allows the government to set minimum standards so that people with disabilities can use public transport easily.

The Race Relations Act: The Race Relations Act (RRA) 1976 amended 2000 makes it unlawful to treat a person less favourably than another on racial grounds. These cover grounds of race, colour, nationality and national or ethnic origin. The Race Relations Act does not allow positive discrimination or affirmative action – in other words, an employer cannot try to change the balance of the workforce by selecting someone mainly because she or he is from a particular racial group.

This would be discrimination on racial grounds, and unlawful. Human Rights Act: The Human Rights Act 1998 (also known as the Act or the HRA) came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies (such as courts, police, local governments, hospitals, publicly funded schools, and others) and other bodies carrying out public functions have to comply with the Convention rights.

This means, among other things, that individual can take human rights cases in domestic courts; they no longer have to go to Strasbourg to argue their case in the European Court of Human Rights. The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: •Right to life •Freedom from torture and inhuman or degrading treatment •Right to liberty and security •Freedom from slavery and forced labor •Right to a fair trial •No punishment without law •Respect for your private and family life, home and correspondence •Freedom of thought, belief and religion Freedom of expression •Freedom of assembly and association •Right to marry and start a family •Protection from discrimination in respect of these rights and freedoms •Right to peaceful enjoyment of your property •Right to education •Right to participate in free elections Data Protection Act: The purpose of the Act is to protect the rights and privacy of individuals, and to ensure that data about them are not processedwithout their knowledge and are processed with their consent wherever possible.

The Act covers personal data relating to living individuals, and defines a category of sensitive personal data which are subject to more stringent conditions on theirprocessing than other personal data. P5: outline working strategies and procedures used in health and social care to reduce the risk of abuse. Recruitment of staff: Protection of vulnerable adults scheme: this provide care for any adults who live under foster care or at home to checked on against the POVA list of banned professionals. This applies to: •Registered service providers of care homes. •Domiciliary care agencies. Adult placement schemes •Employment agencies or businesses that supply care workers to the above providers. The role of the independent safeguarding authority: The role of the ISA is to ensure that individuals barred from working with vulnerable adults and children are not able to do so. The ISA manages the lists of barred individuals, and ensures they are up to date, as well as advising on new barring decisions, weighing up information from a range of sources when deciding whether an individual should be barred from working with vulnerable adults, children or both.

The role of the criminal records bureau: The role of the Criminal Records Bureau is to reduce the risk of abuse by ensuring that those who are unsuitable are not able to work with children and vulnerable adults: Sector guidance: This is to reduce the risk of abuse of vulnerable adults and give guidance to employers. The protection of vulnerable adults scheme in England and wales for adult placement schemes: The Protection of Vulnerable Adults scheme will act as a workforce ban on those professionals who have harmed vulnerable adults in their care.

It will add an extra layer of protection to the pre-employment processes, including Criminal Records Bureau checks, which already take place and stop known abusers from entering the care workforce. Along with initiatives such as “No secrets” and “In safe hands” and other specific measures to prevent and tackle adult abuse, it will complement the Government’s drive to raise standards across health and social care.

Raising standards is an end in itself, but it is also the best way to protect vulnerable adults who, when they are harmed, are usually harmed because of care professionals’ lack of knowledge or skill rather than out of malice. No Secrets-dept. of Health Guidance: This Department of Health report is recommended to all commissioners and providers of health and social care services including primary care groups, regulators of such care services and appropriate criminal justice agencies.

The report is designed to address the need for immediate action to ensure that vulnerable adults, who are at risk of abuse, receive protection and support. The Government gives a high priority to such action and sees local statutory agencies and other relevant agencies as important partners in ensuring such action is taken wherever needed. Safeguarding Adults: Is for elderly and frail, living on their own in the community, or without much family support in care homes. They are often people with physical or learning disabilities and people with mental health needs at risk of suffering harm both in institutions and in the community.

Safeguarding encompasses six key concepts: empowerment, protection, prevention, proportionate responses, partnership and accountability. Empowerment – Presumption of person led decisions and informed consent. Protection – Support and representation for those in greatest need. Prevention – It is better to take action before harm occurs. Proportionality – Proportionate and least intrusive response appropriate to the risk presented. Partnership – Local solutions through services working with their communities.

Communities have a part to play in preventing, detecting and reporting neglect and abuse. Accountability – Accountability and transparency in delivering Dignity in care initiative: is for people who want to make a difference by improving standards of dignity in care. It provides a wealth of resources and practical guidance to help service providers and practitioners in developing their practice, with the aim of ensuring that all people who receive health and social care services are treated with dignity and respect.

Human Rights in Healthcare-A Framework for Local Action 2007: which aims to show how a human rights based approach can be of practical value to organisations and individuals providing better services for patients and service user. ” Alan Johnson Secretary of State for Health Every single person in the UK comes into contact with the NHS at some point in their lives, usually when they are at their most vulnerable. Therefore it is essential that human rights are taken into account when delivering services to ensure quality care.

Putting human rights at the heart of the way healthcare services are designed and delivered can make for better services for everyone, with patient and staff experiences reflecting the core values of fairness, respect, equality, dignity and autonomy. •Fairness: This principle demands that due consideration is afforded to the person’s opinion, giving them the opportunity to have that point of view expressed, listened to and weighed, alongside other factors relevant to the decision to be taken.

The process should also be free of arbitrary considerations, thereby imparting a degree of certainty to the process and allowing others to determine how they might be treated in similar circumstances •Respect: Respect is the objective, unbiased consideration and regard for the rights, values, beliefs and property of other people. Respect applies to the person as well as their value systems and implies that these are fully considered before decisions which may overrule them are taken.

Respect is construed from the actions shown to an individual by others and can be demonstrated by courteous communication, which imbues the person with a sense of being valued through taking time to get to know them as individuals, not as ‘numbers’ or ‘conditions’. •Autonomy: Autonomy is regarded as one of the four fundamental ethical principles of healthcare. It is the principle of self-determination whereby a person is allowed to make free choices about what happens to them, that is, the freedom to act and the freedom to decide, based on clear, sufficient and relevant information and opportunities to participate in the decision-making.

Codes of Practice social work: As a social care worker, you must protect the rights and promote the interests of service users and carers. This means the social workers should treat each service user as an individual, respecting and maintaining their dignity and privacy, promote equal opportunity, promote individuals views and wishes of both service users and carers and respecting diversity and different cultures and values.

As a social worker, you must strive to establish and maintain the trust and confidence to service users. This is explain as; a social worker has to be honest and trustworthy when a service user shared his/her secret with her and also respecting confidential information, being reliable and dependable, communicating in an appropriate, open, accurate and simple way. As a social worker, you must promote the independence of service users while protecting them as far as possible from danger or harm.

This includes; promoting the independence of service users and assisting them to understand the meaning of the word, avoiding discriminatory/exploitative behaviour and practice and following practice and procedures designed to keep you and other colleagues and service users safe from violent and abusive behaviour at workplace. As a social care worker, you must respect the rights of service users while seeking to ensure that their behaviour does not harm themselves or other people.

This means that, the social worker must know that service users have the right to take risk so they must follow risk assessment policies and procedures to assess whether behaviour of service users presents a risk of harm to themselves or others and must also take necessary steps to minimise the risk of service users from doing harm. As a social care worker, you must be accountable for the quality of your work and take responsibility for maintaining and improving your knowledge and skills.

This means as a social worker, you must be able to meet the relevant standards of practice and working in a safe and effective way by maintaining clear and accurate records as required by procedures establish for your work, working openly and co-operatively with colleagues and treating them with respect, informing your employer about any difficulties that might affect your ability to do your job competently and safely and also undertaken relevant training to maintain and improve your knowledge and skills that will help you to contribute to the learning development of others.

The code of practice will help you to know what part you are expected to play in the regulation of the workforce and also help you to understand how a social care worker should behave toward service users and how employers should support social care workers to do their jobs well. Another purpose of this code of practice is to set down the responsibilities of employers in regulating social care workers, protect and promote the interests of service users and carers. This will also help the employers to know their responsibilities for making ure that they meet the standards set out in this code, provide high quality services and promote public trust and confidence in social care services. Codes of Practice for Nursing: The Code: Standards of Conduct, Performance and Ethics for Nurses and Midwives is a set of key principles that should underpin the practice of all nurses and midwives, and remind them of their professional responsibilities. It is not just a tool used in fitness-to-practice cases – it should be used to guide daily practice for all nurses and midwives.

Alongside other standards, guidance and advice from the NMC, the code should be used to support professional development. Strategies: Multi-agency Working: Multi-agency working brings together practitioners from different sectors and professions to provide an integrated way of working to support children, young people and families. It is a way of working that ensures children and young people who need additional support have exactly the right professionals needed to support them. Multi-agency working is a generic term and takes different forms locally.

For example: •In a team around a particular child or family. •As a panel dealing with needs of individual children or families based on an area or establishment. •Where services work together within a single unit, either co-located or virtual. •Regular meetings across services. Multi-agency working could involve anyone whose job or voluntary work puts them in contact with children, young people and their families. It is likely to include people from professional backgrounds including social work, health, education, Early Years, youth work, police and youth justice.

Because children, young people and family’s needs can be very different, the composition of a multi-agency team will differ from case to case. It is important each practitioner brings with them their own specialist skills, expertise and insight so that the child, young person and family gets the best support possible Partnership Working: Partnerships can be formed between individuals, agencies or organisations with a shared interest. There is usually an overarching purpose for partners to work together and a range of specific objectives.

Partnerships are often formed to address specific issues and may be short or long term, formal or informal. The key principles of partnership working are clarity, openness, trust, shared goals and values, and regular communication between partners. Working in partnership with adult using services, families and informal carers: This encourages they to feel more confident to come forward and talk to someone. Confident to talk about their worries, fears and possible abuse. This should also give people self-esteem, self-cofidence and the strength to stop accepting abusive situations and behaviour as the norm.

Decision-making processes and forums, policies: This let everyone to know what’s happening, making it a likelihood of a culture of secrecy developing In which abuse could take place. Monthly meeting of residents in a care home (forums) encourages people to sharia ideas and exchange opinions, and also provides an opportunity for individuals to gain confidence in speaking out. Staff training: Training your staff and keeping their skills up to date is essential to the success of your business or organization. Undeniably, the benefits gained from staff training are invaluable.

For instance, it has been observed that good regular trainings are able to reduce staff turnover, increase productivity and improve the quality of work. These trainings result to greater staff satisfaction through enhanced confidence, personal development and career enhancement. Role of Care Quality Commission: Identifying situations which give rise of concern that a person or persons using a regulated service is or has been at risk of harm, or may receive and allegation or a complaint about a service which could indicate risk of harm.

M2: Describe legislation and regulations, working strategies and procedures used in health and social care to reduce the risk of two types of abuse. Case study (neglect and physical abuse) This took place in sunny residential home in Bedford. Mrs Anita Craske who is 49 years old lady, she has a learning disability. Mary is her care worker who is meant to take of her, for example bath, feed her food and just make sure Mrs Craske is alright. One day she made a complaint to Anna (one of the other staff) about how Mary hurts her every morning when she is about to take a her bath.

Anna wasn’t sure what to do witn the information, she didn’t want to be called a ‘grass’. At the end of the she went and told the line manager what Mrs Craske said to her, the line manager then documented it and put it in Mrs Craske file. After, she called Mary to her office to enquire about the allegation level against her. Mrs Craske said Mary has been hurting her by pinching or hitting when she want to bath and all because she didn’t move quick enough. Procedures for Protection:

Alert- Adults who have learning disabilities may be unable to understand or communicate in a way which would usually be expected of a person of their age. This is not always immediately apparent. Therefore, staff working with people with learning disabilities should be very aware of signs and symptoms of previous abuse, as there may not necessarily be any disclosure. The alert was raised by Mrs Craske by telling another staff and also showing her the mark that was left from the abuse.

Referrals- Passing the allegation to a profession like the police or the social services, who would be able to give feedback after the investigation. The Adult Protection Case Conference will the share the result with the vulnerable person’s family. In this case the line manager referred the allegation to the social services who then took it from there. Decision making- This when they have a feedback meeting to consider on the investigation and the lead body to decide if they want to make any further action. Assessment- An urgent alleged abuse may be carried out within 24 hours of the referral.

In this case Mrs Craske’s body chack for any marks. Review- Mrs Craske’s protection plan was reviewed on a regular basis, to check if her needs are been meet. This was been recorded and monitored. Whistleblowing- This is when a worker reports suspected wrongdoing at work. Officially this is called ‘making a disclosure in the public interest. A worker can report things that aren’t right, are illegal or if anyone at work is neglecting their duties. Complaint procedures- Every agency should have a complaint procedures, it should include: •How Should I Complain? •Who Can Complain? When Should I Complain? •When Will My Complaint be Acknowledged? •When Will I Received a Formal Response? •What if I am Not Happy with the Response? •Where can I get Further Advice and Help? This would make the resident feel more confinable to come out if they been abuse. http://www. nidirect. gov. uk/the-disability-discrimination-act-dda http://wp. ctjt. biz/knowledge-base-law/law-%E2%80%93-sexual-offences/ http://www. legislation. gov. uk/uksi/2003/1845/note/made http://www. online-procedures. co. uk/oldham/contents/further-guidance-on-child-protection/families-and-learning-disabilities/

Cite this Safeguarding Adults and Key Legislation and Regulation

Safeguarding Adults and Key Legislation and Regulation. (2016, Oct 01). Retrieved from https://graduateway.com/safeguarding-adults-and-promoting-independence-3/

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