This has been introduced by the government to improve the lives of people with learning disabilities and their families and carers. This includes the rights to employment, to buy a house, to be treated as people with needs and wants that they should be encouraged to tell others about. Mental Capacity Act and Deprivation of Liberty Safeguards (2005). The Mental Capacity Act was introduced as a means of ensuring that everyone should be treated as able to make their own decisions until it is shown that they cannot. A lack of capacity could be because of a severe learning disability, dementia, mental health problems, a brain injury or a stroke.
1.1 Identify the legislation and policies that are designed to promote the following. 1.2 Explain how they influence the day to day experiences of individuals with learning disabilities and their families. Human Rights The Human Rights Act 1998 This act has many rights; amongst them are the right not to be discriminated against. The Mental Capacity Act 2005 This act states that everyone should be treated as able to make their own decisions until it is shown that they are not able to. Disability Discrimination Act 1995 and 2005 The Disability Discrimination Act (DDA) aims to protect disabled people from discrimination.
Unit 4222-245 Understand the context of supporting individuals with learning disabilities (LD 201) 1.1 & 1.2 Identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities. Explain how this legislation and policies influence the day to day experiences of individuals with learning disabilities and their families Disability Discrimination Act 1995 – made it unlawful for employers to discriminate against people on the basis of a disability. It ensured that provisions for disabled people in employment are made and increased the chances of individuals to live a full life and achieve their goals. Human Rights Act 1998 – protects the rights of all individuals and enshrines the right to life, privacy and not to be subjected to degrading or inhuman treatment which improved the standards of care given to individuals with a learning disability. 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.
Unit 4222-245 understand the context of supporting individuals with learning disabilities. Outcome 1 1) One of the main causes of discrimination is the fear and lack of understanding of others because they are different. In order to prevent discrimination it is important to value people and treat them differently in order to meet their different needs. -Human Rights Act 1998 become law in 2000 gives people rights that there were intended to prevent discrimination -Mental Capacity Act2005 -Care Standard Act 200 -Disability Discrimination Act 1995-2005 -Equality Act 2010 -National Health service and Community Act 1990 -procedure and policies of any organization -Codes of Practice 2) Getting a job or education, traveling, going for a drink or to the cinema with friends are ordinary activities, but for disabled people remain difficult to achieve. Disabled people have the same fundamental rights as any other people.
Unit 245 Questions 1. Identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities. One of the main causes of discrimination is the fear and lack of understanding of others because they are different. In order to prevent discrimination it is important to value people and treat them differently in order to meet their different needs. Human Rights Act 1998 Mental Capacity Act 2005 Care Standard Act 2000 Disability Discrimination Act 1995-2005 Equality Act 2010 National Health Service and Community Act 1990 Procedure and policies of any organization Codes of Practice 2.
The Disability Discrimination Act -2005-This Act aims to end the discrimination that many disabled people face. The Data Protection Act 1998/2002 -This act covers the confidentially, storage, retrieval and handling of verbal, written and electronic information to protect the rights of the individual Access to Personal Files Act-1987- This act gives you the right to see certain personal information held about you such as health records, medical records, social services records etc. The Children’s Act-2004/2006-This act places more responsibility on local authorities to improve the wellbeing for young people, provide childcare for parents who wish to work, and encompasses the every child matters framework The main features of current employment law are:- Employment rights Act 1996 , Equal pay Act-1975 ,Sex discrimination Act-1975 ,Racial and Religious Hatred Act–2006 Disability discrimination act 2005 Protection from harassment act- 1997 Human rights act-1995 Employment equality act- 2004 National Minimum Wage Act- 2000 and the Working Time Directive-2003 Legislation related to employment exists to combat the exploitation of workers by their employer’s things like the minimum wage, safety standards, holiday entitlements, maternity, redundancy payments, discrimination laws, maximum working hours and age requirements are
1.1 outline key legislation that relates to the fulfilment of rights and choices and the minimising of risk of harm for an individual with dementia * Human Rights Act of 1998 * Mental Capacity Act of 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 everyday life of an individual including what they can say and do, their beliefs, right not to be tortured and right to a fair trial. These rights have limits to ensure that it does not damage other people’s rights. 1.2 describe how agreed ways of working relate to the rights of an individual with dementia Whistle blowing policy – pass on any concerns regarding individuals welfare . Moving and handling – Moved according to needs and safety of all concerned .
LD201 LD201 1.1 White paper 2001 Care Standards act 2000 Disability discrimination act 1995 and 2005 Mental capacity act 2005 Human rights act 1998 Disabled persons Act 1986 1.2 The legislation and policies influence the day to day experiences of individuals and their families by: Providing gudance, rules and regulations for support workers, families and carers that allows them to provide consistant care and support for vulnerable individuals, whilst protecting the individuals rights, promoting independance and protecting them from harm or abuse. (LD 201.2) Understand the nature and characteristics of learning disability. 2.1: A learning disability means that its harder for an individual to learn, understand and communicate than it is for others. 2.2: Before: Alcohol & or drug abuse, genetic (passed down from mother or father and on a rare occasion may jump generations so be from grand mother & or grand father), trauma (slips, trips & falls). During: Lack of oxygen to the brain (strangulation from the umbilical cord, stuck in birth canal), a stressful or traumatic birth.
Ethnic, cultural and linguistic backgrounds when we asses a child we must take account of their ethnic, cultural and linguistic back ground as these can play important roles in how the children acts and the understanding of the words being used. Disability or specific requirements need to be taken in account when carrying out any assessment /observation or a child can be underestimated and the observation will be unreliable. Reliability of information no one can get an accurate picture of development if the information is not accurate this can harm the child’s development and the underestimating of their potential. With observation we must understand the limitations of each type of observation method. Avoiding bias when observing children we must remain completely objective also having 2 people observing the child at the same time can produce a more accurate account.
Unit 4222-245 Understand the context of supporting individuals with learning disabilities (LD 201) Outcome 1 Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities The learner can: 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 following legislations and policies is by no means an exhaustive list, but does outline some of the main areas of law which promote an individual with learning disabilities rights The Mental Capacity Act (MCA) 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.