Unit 304: Enable rights and choices of individuals with dementia whilst minimising risks 1.1 Key legislation that relates to the fulfilment of rights and choices and also minimises the risk of harm to an individual with dementia is: * Human Rights Act 1998 * Mental Capacity Act 2005 * Adults with Incapacity (Scotland) Act 2000 * Deprivation of Liberty safeguards (DOLS) * Mental Health Act 2007 * The Disability Discrimination Act 1995 * Safeguarding Vulnerable Groups Act 2006 * Carers (Equal opportunities) Act 2004 This legislation is there to protect individuals from harm and abuse, it also protects the rights of that individual so that they have the freedom to believe, do and say as they
. Mental Health Act 2007 Protect the rights of individuals in England and Wales who are assessed as having a 'mental disorder’, which includes dementia. If an individual is thought to be at risk or a danger to themselves or others, this law allows them to be detained or ‘sectioned’ The act also allows for individuals called 'guardians' to be appointed to make decisions on behalf of that individual. The Equality Act 2010 and safeguarding vulnerable groups act 2006 are two others. 2) ‘ Evaluate’ - how good, useful and successful something is, ‘agreed ways of working’ – refers to your organizational policies and procedures.
• Arrange for an independent advocate to represent and support a person who is the subject of a safeguarding enquiry or review, if required. Any relevant person or organisation must provide information to Safeguarding Adults Boards as requested. The statutory guidance enshrines the six principles of safeguarding: 1. Empowerment - presumption of person led decisions and informed consent 2. Prevention - it is better to take action before harm occurs 3.
Mental Capacity Act 2005 – set out the assumption that an individual has the mental capacity to make decisions for themselves unless it can be proved otherwise. Protected individuals without the capacity to make their own decisions through clear guidelines for those who are making decisions for them. Criminalised the neglect or ill treatment of an individual who lacks the capacity to make decisions for themselves. Equality Act 2010 – protects the rights of all individuals and promotes equality for everyone with a right to be treated the same regardless of race, age, gender, disability. 2.1 Explain what is meant by ‘learning disability’ “A learning disability is a reduced intellectual ability and difficulty with everyday activities – for example household tasks, socialising or managing money – which affects someone for their whole life” www.mencap.org.uk 2.2 Give examples of causes of learning disabilities
Lucy Galley Charlotte P4 Human’s right act 1998 The main points of the human rights act is to protect peoples freedom to control their own life, effectively take part in decisions made by public authorities which impact on your equal services from public from public authorities. It protects all the people that belong to countries that belong to the council of Europe, including the UK it helps us as individuals as if we are taken away of our 30 rights and freedoms we are taken away of our rights we can take it to the domestics courts. How does the human rights act 1998 promote anti- discriminatory practice? The human rights act promotes anti discrimination by providing us with statutory human rights, such as the right to life,
Unit 4222-244 Approaches to enable rights and choices for individuals with dementia whilst minimizing risks (DEM 211) Outcome 1 Understand key legislation and agreed ways of working that ensure the fulfillment of rights and choices of individuals with dementia while minimizing risk of harm. 1.1 • Human Rights Act 1998 • Mental Capacity Act 2005 • Mental Capacity and Deprivation of Liberty Safeguards 2005 • Adults with Incapacity (Scotland) Act 2000 • Mental Health Act 2007 • The Disability Discrimination Act 1995 • Safeguarding Vulnerable Groups Act 2006 • Carers (Equal Opportunities) Act 2004. Together these legislations formed the fundamental rights and freedom of an individual. These affect the rights of every day life of an individual including what they can say or do, their beliefs, right not to be treated differently and have a right to a fair trial. These rights therefore have limits to ensure that other people's right are upheld.
Ethical, Moral, and Legal Challenges in Mediation A mediator is lead by a core set values when it comes to decision making concerning right or wrong in a given situation with clients (Leviton and Greenstone, 1997). Even though the mediator is there to help the two parties to come into an agreement, the mediator is not the decision maker. As mentioned by Leviton and Greenstone, (1997) ethics are guidelines or principles of conduct that govern a person, based on the moral and values of culture. According to Kagle and Giebelhausen, (1994) professionals enter into dual relationships when they engage in more than one relationship with a client, becoming social worker and friend, employer, teacher, business associate, or sex partner. The main and most common ethical, moral, and legal challenge faced by professionals is sexual intimacy between the professional and a client.
WB3: activity 3- Mental Capacity Act (MCA)- The MCA 2005 provides protection for people who cannot make decisions for themselves. It contains the assessing criteria as to whether people have mental capacity to make decisions, the procedures for making decisions for people who lack mental capacity and safeguards. Any decision made or action taken on behalf of someone who lacks the capacity to make the decision or act for themselves must be made in their best interests. In my personal job role, the service users who would be deemed to not to have mental capacity are the ones who suffer from dementia. Dementia affects the memory and brain and therefore the ability to make logical decisions.
Hepworth and Larsen (1986) developed a more useful definition of advocacy: The process of working with and/or on behalf of clients (1) to obtain services or resources for clients that would not otherwise be provided (2) to modify extant policies, procedures, or practice that adversely impact clients, or (3) to promote new legislations or policies that will result in the provision of needed resources or services. (p.569) Aims and Objectives of advocacy The Aims and objectives of advocacy are as follows: * Social justice * Effective services * Promote rights * Enhance quality of life * Eliminate negative and unethical practices Social justice: Social practitioners advocate to create a society that is just, in which all people have equal opportunities to pursue their full potential. Effective services: Nowadays a wide range of services are available in all settings, yet there exist lots of barriers and
Homework Essay Veronica Lee Compare common law and statute law, assessing the effectiveness of each type of law-making process. Laws are a set of rules that are officially recognised, can be enforced and are seen as binding on the community as a whole. These laws are necessary in society to ensure that the protection of the innocent, the rights and the responsibilities are upheld within the community. Without law and order society would be in a state of anarchy, which would consequently jeopardise the safety of the community. The basis of the Australian legal system and its laws are inherited from English law.