Julia Colley - Level 3 Diploma Hea
lth and Social Care
Enable rights and choices of individuals with dementia whilst minimising risks
These are some of the legislation related to minimising the risk of harm for an individual with dementia. Key legislation are Human Rights Act 1998, Mental Health Act 2007, Disability Discrimination Act, Safeguarding Vulnerable Groups Act 2006, Carers (equal opportunities ) Act 2004. Together these legislations form the fundamental rights and freedom of an individual. These affect the rights of every day life of an individual including what they can say and do, their beliefs, right not to be tortured and right for a fair trial. These rights have limits to ensure that other peoples rights are upheld.
The law of confidence protects people from having their personal information shared against their wishes. If a person gives private information to another person or organisation and reasonably expects that information to be kept confidential, they can take legal action if information is passed on without their consent. The threat of legal action may cause staff about disclosing personal information about a service user. Doctors have a duty of confidentiality to their patients. Generally personal information may only be disclosed, even to a persons close family, if he or she consents. This duty of confidentiality can be breached if there is a strong need to do so in the “public interest” or in the interest of the patient. A doctor may choose to breach confidentiality if they forsee harm to a patient or others. The British Association of Social Workers ethical guidance states that personal information given to social workers by a service user should be kept confidential and only disclosed where this could be in the public interest, where there is risk or where there is a legal obligation to disclose. In practise this means that a professional will normally abide by a patients wishes not to share information...
...legislation that relates to fulfilment of rights and choices and the minimising of risk of harm and the impact on 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.
2.2 Describe the agreedways of working and evaluate how they relate to rights and choices of an individual with dementia.
Policies and procedures in the care home including:
* Mission Statement
* Health and Safety
* Risk Assessment (performed every month in my work placement)
* Person Centred Care...
...Rights and Choices in dementia care
Explain the impact of key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm for an INDIVIDUAL with dementia
Key Legislations was brought in to protect the rights and choices of residents with or without dementia, while ensuring the risk of harm is minimised these legislations are:
Human Rights act 1998
Mental capacity act 2005-
Adults with incapacity act 2000 and 2007
Mental health act 2007
Disability discrimination act 1995
Safeguarding vulnerable Groups act 2006
Carers (equal opportunity ) act 2004
All these legislations ensure that residents are given their rights and aren’t deprived of them whether they have dementia or not, Risk assessments can be put in place to ensure safety of resident.
evaluateagreedways of working that relate to rights and choices of an individual with dementia
It’s important for care settings to have systems in place that encourage anti- discrimination for residents with dementia, Promoting their rights and choices. Carers should follow policies and procedures in promoting these rights...
AgreedWays of WorkingAgreedways of working, this is exactly how you will work. It is important to know what is expected of you in your role and in turn what to expect from others. In health and social care, there are agreedwaysworking you will have with an employer; also, with service users. Some examples of agreedways ofworking in health and social care are:
An agreedway of working with an employer would be to follow safety procedures relating to health and safety, for example, to follow the Food Hygiene Regulations 2005. This regulation concerns how food should be handled safely to avoid contamination and food poisoning. This is in order to protect the service user from potential harm; in addition, it is a legal requirement.
An agreedway of working could be to protect the service user’s confidentiality. As long as a situation does not place the service user in danger or give cause for concern, then a care worker must keep information given to them confidential. It is the responsibility of the healthcare worker to handle information appropriately; this applies to all information whether it is an opinion given verbally, social information, or financial or medical records. If this agreement would be...
... Enable rights and choices of individuals with dementia whilst minimising risks
1: Understand key legislation and agreedways of working that support the fulfilment of rights and choices of individuals with dementia while minimising risk of harm
1.1 What is the impact of the Mental Health Act, and the Mental Incapacity Act (Deprivation of Liberty Safeguards) on individuals who are living with the experience of dementia; with regards to minimising the risks of harm whilst at the same time enabling rights and choices for the individual?
These acts and safe guards are put in place to prevent vulnerable adults with dementia from being subjected to any harmful situation or risk, The impact of the mental health act and mental incapacity act is to help carers and dementia sufferers face issues of discrimination, infringement of their human rights and choices. Poor quality of care and support breaches the right of dignity and respect. Mental health and mental incapacity act is a system that also helps carers to evaluate a service users rights and choices, enabling them to make the right decision and not putting...
...Approaches to Enable Rights and Choices for Individuals with Dementia whilst Minimising Risks
Key legislation: relevant sections from current legislation, eg 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, Disability Discrimination Act 1995, Safeguarding Vulnerable Groups Act 2006, Carers (Equal
Opportunities) Act 2004, No Secrets’ – government policy document
Agreedways of working: use of active support; enabling individuals to maximise their own potential and independence; use of advocates and interpreters to enable expression of views, wishes and feelings; involvement of key people; allowing access to information about themselves; involving individuals in identifying and managing risks when planning support and care; involvement of individuals in all aspects of
planning their support and care; recognition of risk as an integral part of enjoyment of life
Recognition of capacity: Mental Capacity Act 2005 (to support the financial health, emotional and social wellbeing of an individual and to take into consideration their past and present wishes and feelings, advance directives, beliefs and values); assuming capacity unless proved otherwise; consideration of whether...
...Dementia is the umbrella term for a number of conditions which cause damage to the brain cells. The most common form is Alzheimer’s disease which has a gradual progression. The next most common type is vascular dementia which has a step-like progression. About one in four people with Parkinson’s disease also develop dementia. Short-term memory loss, disorientation and loss of concentration are common symptoms.
There are other less common types ofdementia such as Lewy Body dementia and Frontol Temporal dementias (including Picks Disease) which affect the parts of the brain which control social behaviour.
Whatever type of dementia the person has, it eventually affects their ability to absorb, understand and remember information; to weigh up options and make reasoned judgements; and protect their own interests.If the person makes a decision about something with which you disagree or think is unusual, you need to decide whether or not they are at undue risk or if it really matters and why.behaviour becomes challenging and they are putting themselves or you at risk of harm, you should ask for specialist dementia advice either through your GP or direct to the health care professional, usually a specialist nurse or consultant, who already has the care of the person.
Local authorities have a responsibility to assess community care and support needs of both the person...
...Enable rights and choices of individuals with dementia whilst minimising risks
Key legislations such as
Human rights act 1998
Mental capacity act 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
Are all laws put into place to help protect anindividual from abuse whilst ensuring they can still for fill their right and maintain a sense of individuality. If the person is in care the organisation will have policy’s and procedures in place to risk asses and ensure the protection of the carers, organisation and the individual from danger, harm and abuse.
Personal information should only be shared in certain circumstances and even then only with the correct people. For example, personal information about someone you care for should never be shared with your family or friends, but such information can be shared with the relevant professional bodies and in some cases the family and friends of the person. The rules in the company’s policy’s and procedures, and the data protection act dictate what is subtitle to share with whom.
It is vital to remember that a person with dementia is still able to make their own choices. This is a key part in person...
...Agreedways of working
The agreedways of working can be found in your contract and the company’s policies and procedures. These are the rules you will work by. You can also find the government legislation online (for example Health and Safety at Work etc. Act 1974, the Manual Handling Operations Regulations 1992 or Mental Health Act 2007). These are laws laid out to keep you and clients safe. Theagreedways of working can vary from place to place and person to person. You will find more specific instructions in the clients care plan and by asking the client and family members.
It is important for you to keep up to date with the agreedways of working in your work place. These changes could come about because of changes to the care plan, the client’s wishes or even changes to the law. You need to know these changes so that you know your job role in full, allowing you to do the job role proper and safely. This will keep the client and his/her family happy and confident in you and your ability to do the work. It is also important because you could face disciplinary action from the company if you do not follow the rules laid out by them, or worse yet you could face legal action against for breaking the law.
It is also important for you to follow the guidance on the limits of your job role. Again you could...