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P3: Explain how one piece of legislation, one policy and one code of practice could be applied to planning support to individuals.
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P3: Explain how one piece of legislation, one policy and one code of practice could be applied to
planning support to individuals.
Legislation are laws formed by parliament which ensure that all individuals are aware of their rights
and responsibilities within health and social care settings. All health and social care settings must be
conscious of the importance of adhering to legal counselling as this safeguards against poor practice.
One example of legislation that can be applied whilst planning support for a patient, is the Data
Protection Act 1998. The Data Protection Act 1998 gained royal assentation in 1998 and states that
all individuals are entitled to security and confidentially regarding the storage of their personal
information. If this was not upheld individuals may feel betrayed and untrusting towards health and
social care establishments. If this was not upheld it also runs the risk of confidential information
being used incorrectly or stolen and personal information being forwarded on. For example, if a
medical company were in possession of sensitive and potentially dangerous information if accessed
by the wrong people and the individual in charge of the information kept this information on a
password protected USB stick, however kept the password written down and easily accessible and
the USB with the information and password was to be stolen, this is risking the personal wellbeing of
any individuals whose information is stored on the USB. When sensitive information is stolen the
purpose is unknown and can be a variety of different and dangerous reasons. Protecting personal
information is crucial. The Data Protection Act 1998 can be applied whilst planning support as it
ensures that the patient’s choices are considered and sensitive information is only shared among the
relevant personnel. This would alleviate the stresses of personal care support planning as the patient
can be assured that any information they disclose will be kept confidential, unless that patient is at
risk of harm in which the information would only then be shared with individuals who have the
patient’s best interests at heart.
Health and social care settings must have policies in place which promote equal opportunity. These
policies will ensure that patients are valued. Policies are composed using legislation and are a course
or code of action implemented or propositioned by an individual or organisation. Employers must
follow policies. One policy that could be applied whilst planning support for a patient is risk
assessments. A risk assessment is the methodical process of assessing potential hazards that may be
involved in an activity or within the surroundings. The first stage of a risk assessment requires the
individual to identify potential risks. This means ‘thinking outside the box’. Hazards need to be
considered carefully especially those that are relevant. The next stage includes filling out a written
risk assessment, this prompts the individual to carefully consider the whether or not the benefits
outweigh the risks. Healthy Working Lives, a company who provide advice to employers on how to
incorporate all qualities of health, safety and well-being into the working environment, stated that
care workers would be able to determine what measures they must take in order to prevent damage
or injury and reduce or abolish all risks. For example, within a care home environment, a resident
who is becoming increasingly aggressive to staff, both verbally and physically, is deemed a risk as the
resident could injure another resident during the aggressive episode, therefore the reasons for these
episodes must be identified to be later included into the care plan and the resident must be
removed from the other residents to reduce the risk of harm.
Codes of practice are written guidelines published by a professional organisation or administrative
body that aid its employees in complying with its ethical values. All care professionals must partake
in an induction period, which will involve the correct training which leads to the appropriate
qualifications enabling the professional to perform their role effectively. The Vetting and Barring
scheme can be applied whilst planning support for a patient as it ensures that the professional is
registered with the Disclosure and Barring Service (DBS) before they are cleared to work with
potentially vulnerable individuals. The DBS aids employers in forming safer employment choices and
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