Know How Legislation and Policies Are Relevant to Positive Risk Taking Essay Example
Know How Legislation and Policies Are Relevant to Positive Risk Taking Essay Example

Know How Legislation and Policies Are Relevant to Positive Risk Taking Essay Example

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  • Pages: 4 (1029 words)
  • Published: June 21, 2017
  • Type: Essay
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Identify how legislative frameworks and policies can be used to safeguard individuals from risks whilst promoting their rights I When approaching the identification, assessment and management of risk, a knowledge of key legal principles and legislation will help practitioners to make informed decisions that promote both the involvement and interests of adults with a disability and older people, and their families.

It will also support and promote best practice for professional staff involved in supporting ositive risk management. An understanding of the following legislation and legal principles Is Important. However, where there Is doubt about legal Issues, expert advice should always be sought by services from the Council's Legal Services. Human Rights These are rights and freedom to which every human being Is entitled.

The Human Rights Act 1998: Makes it clea


r that as far as possible united Kingdom courts should interpret the law in a way that is compatible with Convention rights. Places an obligation on public authorities, including local authorities, to act compatibly with Convention rights, le Council staff need to be aware of the human rights of those adults to whom they provide support. Gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be.

The following are of particular concern to staff who work with adults with a disability and older people: the right to liberty and security the right to respect for private and family life the right to freedom of thought, conscience and rellglon the right to freedom of expression the right to marry and found a family the prohibition of discrimination. Disability Rights The Disability Discrimination Acts 1995 an

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2005 give people with a disability rights in the areas of: employment, education, transport, access to goods, facilities and services and the buying or renting of land or property.

People protected by these Acts should not be treated less favourably than able bodied people when accessing goods or services. The 2005 Act extended these rights by requiring public bodies such as councils, schools, and health services to promote equality of opportunity for people with a disability. Mental Capacity The Mental Capacity Act 2005 protects vulnerable people who are not able to make heir own decisions. It makes It clear who can take decisions, In which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity.

The whole Act is underpinned by five key legal principles: A presumption of capacity- every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless It Is proved otherwise; The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own ecisions; That individuals must retain the right to make what might be seen as eccentric or unwise decisions; Best interests - anything done for or on behalf of people without capacity must be in their best interests; Least restrictive intervention - anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms. Data Protection The Data Protection Act 1998 governs the management of personal information held by organisations.

The Council and

Health services must ensure that all processing of ersonal information complies with the eight Data Protection principles, which state that personal data shall be: Processed fairly and lawfully. Obtained only for specified lawful purpose. Be adequate, relevant and not excessive. Accurate and kept up to date. Not be kept for longer than necessary. Processed in accordance with the rights of data subjects. Protected against unauthorised or unlawful processing of data and against accidental loss, damage, or destruction of data. Transferred within the terms of the Data Exchange Agreement. Information shall only be shared with those who have a legal right to access it and in ccordance with relevant information sharing protocols/data exchange agreements.

Every effort should be made to ensure that confidentiality is maintained for all concerned both when an allegation is made and whilst it is being investigated. It is of the utmost importance that all documentation is marked confidential - not to be disclosed without consent. Effective safeguarding remains the highest priority. Duty of Care This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person's actions do not meet this standard of care, then their actions may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.

Professional workers owe a specific duty of care to all vulnerable people with whom they work. The standard of conduct and behaviour expected of people in their professional role is higher than for other people because of the professional training they have received and the level of responsibility they assume. Negligence

Negligence is carelessness amounting to the culpable breach of a duty, 'e failure to o something that a reasonable person (ie an average citizen in that same situation) would do, or doing something that a reasonable person would not do. In cases of professional negligence, involving someone with a special skill, that person is expected to show the skill of an average member of his or her profession.

Safety at Work Every employer has a common-law duty to take reasonable care for their employees' health, safety, and welfare at work, and must insure against their liability for employees' injuries and diseases sustained or contracted at work. The Health and Safety at Work Act 1974 further requires employers to ensure, as far as is reasonably practicable, that their working methods, equipment, premises, and environment are safe and to give such training, information, and supervision that will ensure their employees' health and safety. Employers will need to put in place measures to identify risks to their staff working in the community and to provide Lone Working procedures. Employees also have a duty to take reasonable care for their own health and safety, for example by complying with safety regulations and using protective equipment supplied to them.

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