Lecture notes
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Lecture notes of 8 pages for the course A2 Unit F922 - Child development at OCR (/;)
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Nestina LuisLEGISALATION: UNIT 7 DUTY OF CARE
The importance of Legislation in health and social care: The main objective of health and safety
legislation is to safeguard workers and others who are impacted by their actions. Legislation (laws)
are enacted to ensure that everyone in society understands which behaviours are acceptable and
which are not.
Our society would not function properly if they did not have any legislation. There would be no
environmental protection laws, rules, or regulations, nor would there be any transportation safety
equipment or street and road upkeep. Sidewalks would not be shovelled or accessible to the general
public. There would be no penalty or rehabilitation for offenses perpetrated.
HEALTH & SAFETY AT WORK ETC 1974 - SHORT FOR: (HASAWA 1974)
The Health and Safety At Work Act Of 1974 defines the legal framework for developing, promoting,
and encouraging high health and safety standards in the workplace. It safeguards workers and the
general public against operational risks. It is importance part of legislation it is that must be followed
by everyone and it is introduced for general duties.
Employers have towards employers and members
Employers have to themselves and to each other
DATA PROTECTION ACT 1998:
The Data Protection Act 1998 was introduced to protect personal data and also service users
information and it is managed by the organisations and the governments. You have the right to
know what information the government and other organisations hold about you under the Data
Protection Act of 2018. These rights include the ability to:
Being updated about how your data is used, have wrong data corrected, have data deleted, and
have your data processed stopped or limited data portability (allowing you to get and reuse your
data for different services) In some cases, you have the right to object to how your data is processed.
You also have rights when an organisation uses your personal data for the following purposes:
1. Decision-making procedures that are automated (without human involvement)
2. Profiling can be used to forecast your behaviour or interests, for example.
NOTES:
Data protection Act 1998 prevents discrimination to happen to an individual and it protects
information such as:
1. political views based on race and ethnicity
2. religious beliefs
3. Genetics of union membership
4. biometrics
5. health, sexuality, or sexual orientation
Care Act 2014:
The Care Act of 2014 is an important legislation that was introduced to promote individual
wellbeing. The Care Act ensures that care and support are provided and managed for people who
are unable to care for themselves, as well as vulnerable adults, dementia, and learning disabilities,
, Nestina Luis
and provides physical, mental, and emotional wellbeing. The Care Act of 2014 establishes a clear
legal framework for local governments and other sections of the system to safeguard individuals
who are at concern of abuse or neglect. New protection responsibilities have been assigned to local
governments.
How does legislation support individuals?
The Human Rights Act safeguards you against discrimination in the performance of our human
rights. This implies that your human rights cannot be violated or protected differently based on
factors such as sex, disability, or race. This protection is more comprehensive than the Equality Act
of 2010.
Jeanie Case Study:
Jeanie uses the drag lift
Jeanie is very proud of the fact that she worked in care for 30 years. She likes her job in the
healthcare assistance in care home and is keen to work with the new recruits. Jeanie's employers
offer Jeanie manual handling training which she has regularly attendance However, Jeanie likes to
use the drag lift.
When using the drag lift, the carers stand either side of the bed, Parrell to service to the service
users shoulder and look in the direction of the head of the bed. The carers each hook an arm under
the armpits and of the service user, who is then dragged back up the bed and towards their pillows.
This manoeuvre can shear the skin off the sacrum and should be never be used.
Jeanie feels that it was the most effective lift and she does not see why she cannot use it when
working with service users.
Jamillia new recruits and has been trained in manual handling. She knowns that this technique
should not be used.
When Jeanie and Jamillia are repositioning Mary in her bed, Jeanie suggest the drag lift. Jamillia does
not feel confident and refuses. As they drag Mary back up the bed, the fraction shears the skin off
Mary’s sacrum. Mary is left in pain, with a high risk of infection in the open wound.
1. Why should this incident be reported to the care home manager?
Jeanie and Jamillia must report this incident that happened to Mary because, because incident
reporting can assist avoid more serious incidents and enhance safe work practises, lost time and
expenses associated with injuries can be saved. A lack of incident reporting puts more than just
employees at risk. It also puts the health care at danger and this does not provide duty of care.
2. What should Jamillia have done when Jeanie suggested the lift?
Because she knew it wasn't safe, Jamillia should have told Jeanie not to use this approach. Jamilia
may have also informed Jeanie that the drag lift was not allowed due to the risk of injury. Working in
health care also requires being honest and constantly informing your employers if anything isn't
right, and Jamillia is to responsible for not telling Jeanie since working together prevents or reporting
the problem to the care home management.
3. What rights does Mary have with reference to the quality of care she received?
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