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Unit 18- Task 2A
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This assignment covers P3- Summarise current legislation and national initiatives which influence the care and support provided for older people.
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Unit 18, Task 2A Resub- FinalThe Health and Social care Act 2012
“This Act is underpinned by two main principles; enabling patients to have more control over the care
they receive and that those responsible for patient care- the doctors, nurses and others who work in the
NHS and social care- have the freedom and power to commission care that meets local needs.” (Ferreiro
Peteiro et al, 2016) The Health and Social care Act 2012 include an aspect called No Decision About Me
Without Me, and this means that people have been able to make a decision about their care with the
help of professionals but the decision about what is best for them is not made without the patients
input. This Act is only relevant to people who are receiving either health or social care. Under this act,
clinical commissioning groups are GP led bodies that commission most health services like GP’s, dentists
and pharmacies as well as secondary care services that are provided by hospitals. Health and wellbeing
boards bring together health and social care commissioners, councillors and a lay representative to
promote joined up working and also to tackle inequalities in people’s health and wellbeing. Public health
has an increased focus of prevention and local councils taking responsibility or public health services and
population health improvement, such as obesity, anti-smoking, screening and vaccinations.
Healthwatch,which is relevant to The Health and Social care Act 2012, is an indpenedent service created
by the Act, this aims to protect the interests of all who use health and social care services. It has a role of
communicating the views of patients to commissioning bodies and regulators, such as the care quality
commission.
The Care Act 2014
“This Act relates to those being assessed or receiving social care, and their carers.” (Ferreiro Peteiro et
al,2016). The Care Act puts a duty on local authorities to ensure that all aspects of an individual’s
wellbeing are taken into account when decisions are made. It ensures that the individual’s personal
dignity is taken into account, it makes sure that people are protected from abuse and neglect, that could
otherwise be experienced. The person’s wellbeing as a whole is taken into account, this includes their
physical, mental health and emotional wellbeing, social and economic wellbeing. This act also ensures
that the suitability of living accommodation is appropriate, ensuring that they are able to cope if they
live on their own. This Act only relates to people who are receiving social care, not those receiving care
in a health setting. Continuity of care must be provided so if somebody moves from one area to another
there will be no gap in their care or support. An independent advocate is to be available to facilitate the
involvement of an adult carer who is the subject of an assessment, care or support planning or review.
The Care Act also involves the safeguarding of adults. This includes the responsibility to ensure enquiries
into cases of abuse and neglect, establishing Safeguarding Adults Boards and responsibility to ensure
information sharing and inter professional working. Local authorities must also guarantee preventative
services which could help to reduce or delay the development of care and support needs, including
carers’ support needs.
The Equality Act 2010
, “The Equality Act simplified the existing laws covering discrimination, such as the Sex discrimination Act,
Race Relations Act and Disability Discrimination Act.” (Ferreiro Peteiro et al, 2016). The Equality Act
makes any form of discrimination illegal on the basis of a protected characteristic. There are 9
characteristics that are protected, meaning that people cannot discriminate against you for this reason.
The protected characteristics are age, disability, gender reassignment, marriage and civil partnership,
pregnancy and maternity, race, religion, sex (gender), sexual orientation. For example, this means that
an older person cannot be refused a job as they may retire in a few years, this would be illegal. This act
prohibits discrimination in education, employment, access to goods and services and housing. It covers
victimisation and harassment on the basis of a protected characteristic. Reasonable adjustments have to
be made by employers, providers of goods or services for those with disabilities. For example, installing
a ramp to access a building. The Act encourages positive action. One form of positive action is
encouraging or training people to apply for jobs or take part in an activity in which people with a
protected characteristic are underrepresented. Discrimination due to association is now an offence, this
means there is now protection for carers of an individual who has a protected characteristic. Pay secrecy
clauses are now also illegal due to this act coming into force.
The Mental Capacity Act 2005
“Capacity is the ability to make a decision. This Act provides a legal framework setting out key principles,
procedures and safeguards to protect and empower those who are unable to make some of their own
decisions.” (Ferreiro Peteiro et al. 2016). The mental capacity act also includes people with learning
difficulties, dementia, mental health problems, strokes or head injuries. It safeguards and empowers
those who are unable to make some of their own decisions. The Mental Capacity Act is designed to
protect and empower people who may lack the mental capacity to make their own decisions about their
care and treatment. It applies to anyone aged 16 and over. The Mental Capacity Act says assume a
person has the capacity to make a decision themselves, unless this is proved otherwise, at which point
decisions may need to be made for the individual. This act is the framework of procedures that protects
and empowers people who are unable to make some of their own decisions. It has five statutory
principles, presume someone has the capacity, support people to make their own decisions wherever
possible, they have the right to make their own decisions even if this decision is seen as unwise by other
people. The first principle says that there must be a presumption of capacity. Every adult has the right to
make their own decisions and must be assumed to have capacity to do so unless it is proved otherwise.
A care worker must not assume an individual cannot make a decision for themselves just because they
have a certain condition or disability. The second key point of the act is providing people with support to
make their own decisions. A person must be given all possible help before anyone treats them as not
being able to make their own decisions. For example, this may include presenting information in a
different format for those with physical or learning disabilities. The third aspect involves decisions that
are considered unwise. An individual may make what others may see as an unwise decision; they should
not be treated as lacking capacity to make the decision. People have the right to make what others may
see as an unwise decision. Everyone has their own preferences, values and beliefs, which might not be
the same as others, they cannot be treated as lacking capacity for thinking differently. Actions or
decisions taken under the act on behalf of a person who lacks capacity, must be done in their best
interest. Care workers should provide reasons to show why a decision has been made and it is in the
person’s best interests. They should try and include the person in some way, or consider if the decision
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