This essay will discuss about the governments job to protect vulnerable people. In the essay it will talk about adults with disabilities. Laws that are in place to protect them. From the perspective of UHS “A vulnerable adult is a patient who is or may be for any reason unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation” there are many different laws to protect vulnerable people in society. The Care Act 2014 places a general duty on local authorities to help the wellbeing of people when carrying out care and support jobs. Personal dignity including treating individuals with respect and treating them equal to others. (The care act2014). Sexual Offences Act 2003 in recent years …show more content…
The SOA tried to make rape easier to identify because rape comes under such a big heading they have come up with a solution to categorize it into a group to clearly identify it. “Section 74 of the Act provides that someone consents to a sexual act if, and only if, he or she agrees by choice and has the freedom and capacity to make that choice” (Social care institute of excellence). Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Bill. This Safeguarding Vulnerable Groups Act (SVGA) 2006 was put in place to to help stop or avoid harm, or risk of harm to a vulnerable person, by preventing people who are deemed vulnerable adults from having access to them through their work. “Organizations with responsibility for providing services or personnel to vulnerable groups have a legal obligation to refer relevant information to the service” (Social care institute of …show more content…
This applies to all people who lack mental health in whatever way, also offering protection to people with learning disabilities, brain injury or dementia. The offences may apply to all people, paid or unpaid, who care for a person who may lack capacity and those with deputyship, LPA or EPA. Any offences committed you get get a maximum of 5 years in prison for such offences. Ill treatment and neglect are different. “Ill treatment must be deliberate, is an offence irrespective of whether it causes harm, and involves an appreciation by the perpetrator that they were inexcusably ill ttreating the person or being reckless” (Mandelstam 2009). Ill treatment can be anything from hitting, pulling hair, rough treatment, verbal abuse or humiliation (Mandelstam 2012). Wilful neglect is a failure to act rather than a deliberate act to commit harm. Managers with responsibility for ensuring good care can be held accountable but currently there is no offence of corporate
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
There have been problems within Long-Term Care and many of these abuses were turned over to the patients, there was hardly any direction on how to handle Long-Term Care. “Poor houses and Almshouses and developed in response to an impoverished, aging, and mentally and physically disabled population who lacked informal caregivers.” (Sarah Thompson, 2008 ) When Long-Term Care was in the infancy stage of developing there were many problems, issues that were created because there was not much direction. In developing in taking care of the elderly there were poorly trained nurses, medical workers and many of them were not qualified to work within the medical field. There were problems, many issues and multiple levels of abuse because of poorly trained medical workers where there was no direction.
Successes and Failures of Sexual Offences Act 2003 The Sexual Offences Act 2003 was heralded as a response to shifting social attitudes, encompassing the broad libertarian approach towards sexual behaviour that has become increasingly dominant since the Act that preceded it whilst attempting to account for the myriad of more widespread sexual deviancies and abusive practices that were otherwise poorly regulated by existing statute. It was designed as a regularisation of the law on sexual offences giving a modern and consistent perspective upon the particular offences; one that would allow the courts to proceed on a fairer and less discriminatory basis, both in its prosecution of offenders and it in treatment of victims. Few statutes can have been subjected to the same level of public scrutiny as this Act, emerging from a climate of public concern over the adequate protection of their children and the proliferation of paedophilia. The abnormally low conviction rate for rape as well as socio-criminal phenomena like 'date-rape' or the effect of immigration on acceptable sexual practices were yet more facets of a many-handed debate about how the law should respond to a changing world. Understanding these issues is central to finding the coherent thread upon which different changes in the Act attempt to hang.
Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).
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.
...how kindness to them. Unfortunately, many caregivers take advantage of the elderly by taking their money, by using violence and sexual interference, and by abusing clients emotionally. 96% of elder abuse cases are not reported. ( Medscape.com). The Ontario Network for the Prevention of Elder Abuse (ONPEA) is an organization dedicated to raising awareness about abuse and neglect of older abuse. (onpea.com). It stands to reason that there is a large problem still rampant in society where others are taken advantage of, or mistreated. Hopefully more documented information and raising awareness of the issue amongst society will allow more people to understand this as a problem and the abusers to be caught. These obvious abuse of rights are something that should be protected, luckily people become more aware of these circumstances that is happening on a regular basis.
Albeit LTC facilities are designed to benefit individuals with disabilities, residents in LTC settings are often victims of unethical practices conducted by healthcare employees. Types of abuse commonly seen in long-term care ranges from withholding food from the individual, overdosing residents with medication to keep them calm, withholding individuals from activities, physically beating or spanking residents, and the list goes on. There are many instances where residents are verbally abused, called names, and profanity is used against the individuals. This type of behavior from health care professionals is unacceptable, and these incidents must be
Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide all the care listed on the care plan. Most corporate owned nursing homes today are not sufficiently staffed, and they can not provide all the care listed on the care plan. Consequently, residents are not taken to the toilet when necessary; they’re often left lying in urine and feces. They also develop painful and life-threatening decubitus ulcers, and are not fed properly, they’re not given sufficient fluids. They are also over-medicated or under-medicated, and dropped causing painful bruises and fractures, are ignored and not included in activities, are left in bed all day, call lights not answered. These are all forms of negligence, performed daily in nursing homes.
Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often
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
In this essay I will research and provide a timeline of developments to human rights, i will explain the underlying principles of the human rights approach and the importance of adopting human rights to care. After the Second World War ended in the mid 1940’s there became a serious realisation to the importance of human rights. This realisation got the United Nations to establish the Universal Declaration of Human Rights. This Declaration shows the first ever international agreement on the primary principles of human rights. There is a total of thirty basic human rights within the Universal Declaration and these rights apply to every single person in the world. An example of one of the rights everyone has is ‘the
i. legislative requirements and expectations on individual services to safeguard and promote the welfare of children and
The World Health Organisation, WHO, (1980) defines disability in the medical model as a physical or mental impairment that restricts participation in an activity that a ‘normal’ human being would partake, due to a lack of ability to perform the task . Michigan Disability Rights Coalition (n.d.) states that the medical model emphasizes that there is a problem regarding the abilities of the individual. They argue that the condition of the disabled persons is solely ‘medical’ and as a result the focus is to cure and provide treatment to disabled people (Michigan Disability Rights Coalition, 2014). In the medical model, issues of disability are dealt with according to defined government structures and policies and are seen as a separate issue from ordinary communal concerns (Emmet, 2005: 69). According to Enabling Teachers and Trainers to Improve the Accessibility of Adult Education (2008) people with disabilities largely disa...
This act established old age benefits and funding for assistance to blind individuals and disabled children and the extension of existing vocational rehabilitation programmes. In present day society, since the passage of the ADA (American with Disabilities Act of 1990) endless efforts of the disability rights movement have continued on the focus of the rigorous enforcement of the ADA, as well as accessibility for people with disabilities in employment, technology, education, housing, transportation, healthcare, and independent living for the people who are born with a disability and for the people who develop it at some point in their lives. Although rights of the disabled have significantly gotten better globally throughout the years, many of the people who have disabilities and are living in extremely undeveloped countries or supreme poverty do not have access nor rights to any benefits. For example, people who are in wheelchairs as a transportation device have extremely limited access to common places such as grocery stores, schools, employment offices,
People with disabilities often face societal barriers and disability evokes negative perceptions and discrimination in society. As a result of the stigma associated with disability, persons with disabilities are generally excluded from education, employment, and community life, which deprives them of opportunities essential to their social development, health and well-being (Stefan). It is such barriers and discrimination that actually set people apart from society, in many cases making them a burden to the community. The ideas and concepts of equality and full participation for persons with disabilities have been developed very far on paper, but not in reality (Wallace). The government can make numerous laws against discrimination, but this does not change the way that people with disabilities are judged in society.