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Explain the wider concept of safeguarding
Strengths and weaknesses of the data protection act 1998
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Health and social care professionals encounter a diverse amount of individuals who have different needs and preferences regarding their health. As professionals they must ensure that all services users, whether it is older people with dementia, an infant with physical disabilities or an adult with an eating disorder (National Minimum Data Set for Social Care, [no date]), are treated in a way that will successfully meet such needs. In fact, health and social care professionals have a ‘duty of care’ towards services users, as well as other workers, in which they must legally promote the wellbeing of individuals and protect them against harm, abuse and injury. (The Care Certificate Workbook Standard 3, [no date]) Duty of care is a legal requirement …show more content…
Safeguarding may be described as ‘protecting people’s health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect.’ (Care Quality Commission, c2018) Safeguarding is relevant to service users because it ensures that they will receive essential and effective treatment by having their needs valued. Safeguarding ‘recognises that an individual’s unique needs, preferences and views must be the focus of all care and support that is planned for and provided.’ (Peteiro et al, 2017: pg. 44) For service users, this means that their personal needs will be prioritised within a health or social care setting and their views and opinions- about their health- will be genuinely considered resulting in them receiving treatment that will be best beneficial for them. Moreover, safeguarding intends to protect service users from harm, neglect, and abuse whenever they are in a health and social care setting. This may be done by making sure all services are accessible to those with disabilities, perhaps individuals who are wheelchair bound, or by making sure all long-term or overnight patients receive the appropriate amount of …show more content…
Legislations are laws derived from current government policies and outlines rules and principles that everybody must follow. (Peteiro et al, 2017) There are multiple, current, legalisation that have been created in regards to the safeguarding of children and adults. The Data Protection Act of 1998, for instance, was created as a way to control how organisations use personal information. In a health and social care setting, the Data protection act ensures that personal information about individuals will be kept confidential and not misused. The act gives service users the right to determine how their personal data is used and who it is used by to prevent the risk of the information not being private and being put at risk for abuse. (Peteiro et al, 2017) This includes things such as date of birth, national insurance number and medical history. If certain personal information is not protected, then it puts the individual at risk of harm, or abuse. The Data Protection Act safeguards individuals against this. Similarly, The Protection of Freedoms Act 2012 safeguards against children and adults by ensuring that only appropriate persons are allowed to work with certain groups. This act created the Disclosure and Barring Service (DBS) who deal with criminal record checks and overlooks the Barred Children’s and Barred Adult’s Lists of unsuitable
Her Majesty’s Government (2011) ‘Health and Social Care Bill.’ Bill 132. The Stationery Office, London
This assignment will identify and evaluate the legal and ethical issues within the health and social care for elderly people with dementia and living in residential homes. It will address the difference between the legal and ethical issues and the impact it has on the person suffering from the disease, their family and the role that the professionals have in decision making for the individual’s wellbeing.
Furthermore, they have introduced a human rights approach, which is to respect diversity, promote equality help to ensure that everyone using health and social care services receives safe and good quality care. Human rights approach will help to apply the principle of promoting equality. The CQC have a process in which you answer five key questions to consistently integrate human rights into the way they regulate, which healthcare providers must work alongside. They also have equality objectives which were introduced in 2017, the objectives are, person-centred care and equality, accessible information and communication, equal access to pathways of care and to continue to improve equality of opportunity for our staff and those seeking to join CQC, as well as patients. Also filling in a safeguarding adults review, which is a process for all partner agencies to identify the lessons that can be learned from complex or serious safeguarding adult’s cases, where an adult in vulnerable circumstances has died or been seriously injured because of abuse or neglect. At winterbourne view residential home, abuse and neglect had been made clear to the public eye and could clearly be identified, although no staff logged it as a safe guarding adult
A positive care environment is reinforced by legislation and national care standards implemented by the Scottish Government. Legislation such as, Data Protection Act 1998, Mental Health (Care and Treatment) (Scotland) Act 2003, Health and Safety at Work Act 1974, GIRFEC (Getting it right for every child) and the Regulation of Care (Scotland) Act 2001 put safeguards in place to give the service user legal rights.
Both national and local guidelines, policies and procedures for safeguarding affect day-to-day work with children and young people in many ways. They uphold a standard of what is expected and how best to protect children and young people under the age of 18 years. Safeguarding is more than protecting children and young people from direct abuse or neglect. The wider responsibility is that the welfare of the child as a whole is protected.
The Australian Association of Social Workers (AASW) Code of Ethics (2010) proposes three core values of Social Work, respect for persons, social justice and professional integrity (pp.12). These core values establish “ethical responsibilities” for the social worker (AASW, 2010, pp.12), specifically, the value of respect for persons, which sustains the intrinsic worth of all human beings as well as the right to wellbeing and self determination consistent with others in society (AASW, 2010,p.12). This Code of Ethics stipulates the duty of care a social worker must provide, a...
Ethical Issues in Social Work I will provide practical help for new social workers to help them understand and deal with ethical issues and dilemmas which they will face. There are many ethical issues which are important to social work, but I feel that these are all covered by the care value base. The care value base Was devised by the care sector consortium in 1992, this was so that the workers in health and social care had a common set of values and principles which they would all adhere to. It is important because for the first time the social care sector had a clear set of guidelines from which ethical judgements could be made. The care value base is divided into 5 elements - The care value base covers - Equality and Diversity - Rights and responsibilities - Confidentiality - Promoting anti Discrimination - Effective communication Equality and Diversity Carers must value diversity themselves before they can effectively care for the different races, religions and differently abled people they will come across in their caring profession.
One of the significant current discussions in healthcare since the Francis Report, concerns the regulation and training of Healthcare Assistants. Healthcare Assistants (HCAs), also known as Healthcare Support Workers, work in a wide variety of healthcare settings from GP surgeries and clinics to acute hospital wards. There are 1.3 million of them working in front-line care roles in the UK (DoH, 2013). These workers are currently unregulated and at present there is no compulsory role-specific training. HCAs are legally permitted to carry out most clinical tasks of a Registered Nurse, however, there is no definitive list stating what tasks they can or cannot undertake. This paper will attempt to demonstrate that there is an urgent need for HCA regulation and standardised training. It has been divided into four parts. The first part deals with the arguments for HCA regulation, the second with the hurdles that regulation would bring and the last part will attempt to draw some concussions and recommendations.
Introduction Within this essay, I will be compare and consider the similarities and differences of the principles and guidelines within the NMC (Nursing and Midwifery Council) for nurses and the SSSC (Scottish Social Services Council) codes of practice for social workers. I will discuss what professional education and training are within each sector, how to get and maintain a professional registration, I will give a bit of detail about the codes of conduct, ethical behaviour and explain about professional bounda ries. I will also explain the framework of care governance within the health and social care and also, I will explain the levels of accountability, responsibility, knowing the limits of the individual’s abilities also when referral
Carers have a right to an assessment if they ask or are observed as having present support needs or probable ones within the future (Care Act 2014: c.23:pt1:s10). Carers have the right to refuse an assessment if they wish so a social worker must seek their permission beforehand, yet the consent of the person in receipt of care is unnecessary. In addition social workers, bound by legislation regarding confidentiality and information sharing, must reserve the carer’s right to privacy whilst uphold their right to a fair hearing. This is achieved by only disclosing carer’s personal details to 3rd parties with consent, unless a safeguarding concern arise, for instance it is believed that the individual being cared is at risk (Human Rights Act 1998:6,8; Data Protection Act 1998). Protection for vulnerable adults is a fundamental aspect of social work practice as 50 people per hour are abused or neglected within their own home by people known to them, such as friends or family (Age UK,
The procedure of protecting clients, patients and colleagues from harm. The benefits of following a person centred approach in the use of health and social care practice. Ethical dilemmas and conflicts that may arise when providing care. Supporting and protection to users of health and social care practice. The implementation of policies, legislation regulation and code of practice which is relevant to own work in health and social care. How local policies and procedures can develop in accordance with national and policy requirements. The impact of policy, legislation, regulation, and code of practice on organisational policy and
The adult mental health social work may be considered complex and challenging due to the issues it faces. The practice entails the involvement of a certain number of professionals which have the authority to make an immense impact on the service users’ lives. The association with the social services may initiate within the service users a certain amount of discomfort and vulnerability. This may be because it could carry with it a certain degree of unwarranted labelling and prejudice. Apart from the impact that the involvement of the social services have on the service users, it is worth noting that there are further challenges which may be encountered, and they do not only arise from the complexity of the service users’ situation alone, they may also stem from the social worker’s capacity and experience to practice, laws, policies, funding and other factors that cannot always be controlled. The social workers have many tools to help and support the service users, however, been entrusted with authority as well as an element of power to make decisions through their assessments, they are also expected to practice responsibly because of the immense impact their evaluations have on people’s lives. These together with the legal accountability and the professionally required, ethical and moral congruence may be a fertile ground for conflict of interests. For example, a discrepancy between the views of the social worker and the service user regarding needs of services.
an assessment of their community care needs under the NHS and Community Care Act 1990.
Vulnerable patients are those who cannot act on their own to protect themselves from threats to their health and dignity. A vulnerable patient encompasses a wide range of individuals and includes both adults and children. An adult is a person who is over 18 years of age and is described as a vulnerable patient if they are suffering from learning, physical and sensory disability. This includes disorders such as autism, cystic fibrosis and blindness and also includes sufferers of dementia. A child is a person aged less than 18 years and is described as vulnerable regardless if they have a disability. Irrespective of whether a child is living independently or in further education they are still entitled to services or protection under the Children Act (1989). A child is deemed as vulnerable as they are unable to protect themselves and this vulnerability is judged on varying factors such as, physical and emotional development, ability to communicate needs, mobility, size and dependence.
1) Give a brief outline of current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people.