Summary
Summary The impact of current legislation, regulations and agreed ways of working
- Module
- Health and social care
- Institution
- Health And Social Care
The impact of current legislation, regulations and agreed ways of working
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UNITS 10, 20 and 23 The impact of current legislation, regulations and agreed ways of working andprofessional codes
Unit 10.
1. The impact of current legislation, regulations and agreed ways of working and professional
codes on the recruitment process should always have a positive effect. It is always best
practice that the best person for the position is selected. Firstly, we need to follow
legislation such as the Equality Act 2010, Rehabilitation of Offenders Act 1974, Data
Protection Act 1998, Protection of Children Act 1999 and the Health and Social Care Act
2008. These legislations allow for a fair system to be in place so that candidates are not
discriminated against on the grounds of their race, sex, disability, sexual orientation, religion
or beliefs (www.scie.org.uk/workforce/peoplemanagement/recruitment/selection/). The
Disclosure and Barring Service (formerly the Vetting and Barring Scheme) was introduced
initially following the Soham murders and the Bichard enquiry to allow checks to be made on
all people working with vulnerable individuals. Using this scheme means that, in conjunction
with our Recruitment of Ex-Offenders policy and Equality and Diversity policy and POVA, all
applicants have to provide details of their criminal records and will receive the same fair
treatment in the selection process. They will have an equal chance of being selected.
Obviously, this may depend on the nature of the position and the circumstances of the
offences. The best person will be selected by meeting all the criteria and skills and in
meeting the aims and objectives of our Statement of Purpose with an understanding of the
National Minimum Wage policy. Once a candidate has been selected, they will receive a
recruitment pack with an induction plan which will incorporate training and will form part of
the Contract of Employment. All these policies and legislation help to protect the individuals
in our care and provide a safe , effective and professional care service.
2. Circumstances when you may need to take advice from a recruitment specialist could be to
take advice on an individuals’ ‘right to work’ or visa application. I have worked alongside
colleagues who have not disclosed ther visa applications and have had to be deported back
to their country because they have been working illegally. We may have to take advice on
EU status and what rules apply. We may also have to take advice on working hours and
especially if an individual cannot provide their passport. We may also need to take advice on
requesting references or just general advice on such things as advertising for the position.
3. One of the biggest changes has been the implementation of the Disclosure and Barring
Service DBS (formerly CRB), and this has had a huge impact on recruitment selection and
changes to policies and procedures. The Bichard Inquiry
(http://dera.ioe.ac.uk/6394/1/report.pdf/) (http://www.theguardian.com/uk/soham/)
stated that Soham murderer Ian Huntley had been known to the authorities over a period of
years in relation to sexual offences, and this information had not emerged during a vetting
check. Each case (8 between 1995 and 1999) was viewed separately and mainly because
information had not been shared correctly. It emerged that there were significant findings of
social workers not piecing together pieces of the puzzle and didn’t connect the cases,
neither did the police forces. Had this pattern of behaviour been recognised, or the vetting
scheme been more thorough, he would not have got a position as a school caretaker, putting
vulnerable children at risk. Ian Huntleys’ information had not been shared by police forces
and a criminal record he had in another country was not recorded or passed on. As a result,
, all candidates for recruitment now have to disclose all criminal offences and a full DBS is
carried out to ensure the protection of vulnerable adults and children. The DBS is merged
with the ISA – Independent Safeguarding Authority (created by the Labour Government
2007-2010) to help prevent unsuitable people from working with vulnerable adults and
children (www.criminalrecordchecks.co.uk/crb/isa/). Our policies and procedures are
thorough and everyone visiting our home must produce identification and use our sign-in
process and must produce a valid DBS. This ensures the protection of all individuals in our
care and complies with our policies and procedures and any non-compliance will be taken
seriously and could lead to disciplinary action being taken.
Unit 23.
1. The induction process is important for our team members because the skills and expertise
our organisation requires means that our induction allows the team to feel confident in the
knowledge that these skills are matched. A team relies heavily on its’ members commitment
and the skills they possess. Team members need to be sure that each individual has
completed their induction and is up-to-date with what is expected of them such as
structures, policies and procedures, forms and reports and other paperwork, routines, care
priorities, allocations and time-frames. This ensures that the team continues to perform
efficiently and effectively with the shared objectives. For the individual, induction removes
much of the anticipation and worry of starting a new role. It allows time to get to know the
routines and the role and what is expected of them. It allows them to see how the team
works together and how they match their skills and also gives them time to understand
different aspects of their role and the reasons behind the tasks. The care environment can
be a very busy time so it is important to gather as much information about your role while
on induction in order to blend in with the team structure. For the organisation, induction
shows that we are following legislation and our own policies and procedures in training our
staff and that the objectives and aims of the organisation are being met with person-centred
approaches. During induction, our staff will receive details and agendas of our training
regime including the Care Certificate and the time-frame to which this must be completed.
2. Our induction process will begin with the individual ‘shadowing’ a regular member of the
team for a period of usually two weeks. It will usually involve different team members for
the shadowing as this is good practice and helps the individual to get to know all the staff.
The individual will be handed an induction pack to complete. The induction pack will consist
of the organisations objectives, health and safety in the home, Fire procedures and protocols
for evacuation and assembly points, policies and procedures and where to access them,
introduction to the team and senior staff hierarchy, rota, copy of the house rules and a
check-box list of duties to be signed off by staff when completed. Firstly, the individual will
be allocated a member of staff to shadow who will give them a guided tour of the home and
will spend a little time talking to the individual introducing themselves properly and getting
to know each other. The individual will then stay with their allocated member of staff
throughout their shift.
3. During the induction process, we will get to know what skills the individual already possesses
and what their own goals may be. For instance, what qualifications they already possess
such as Care Certificate or NVQs and how they wish to progress and develop. Most
individuals want to progress over time to senior levels and need to know the routes for
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