Legislation Table 2019

Legislation TableLegislation Name Briefly summarise the legislation (3 sentences max) & state how it relates to the unit in the next column (2 sentences max). Criteria/UnitEuropean Convention of Human Rights 1950 The Europen convention of human rights was drafted in 1950. Each numbered article protects a basic human right. Taking as a whole, they allow people to lead free and dignified lives. Reference: Bates, E.D (2010) The evolution of the European convention on human rights. New York: Oxford University Press. This relates to equality and diversity because it gives people the right to live their lives and not to be tortured or treated in an inhuman or degrading way. D2/1United Nations Convention on the Rights of the Child 1989 United Nations Convention on the Rights of the Child was drafted in 1989. It centers on children’s rights and how governments should work together to make them available to all children. Reference (UNICEF 2018) This relates to equality and diversity because every child no matter the age, sex and background should be treated equally for example making a sociey like UNICEF. D2/1Human Rights Act 1998 Human Rights Act was drafted in the year 1998. It entails all the human rights like right to life, right to freedom of speech etc Reference (Equality and Human right commision 2018) This relates to equality and diversity because everyone have the same right irrespective of your colour, age sex for example they make their own choice D2/1 This relates to safeguarding because it safeguard people from inhumane acts D2/3 This relates to communication/confidentiality because it protects the right of expression of opinion D4/4 This relates to working in health and social care because workers and public services should respect the dignity of those using services. D2/8Equality Act 2010 The Equality act was implemented in 2010. It replaced previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what employers and employees need to do to make their workplaces a fair environment and comply with the law. Reference ( Citizen advocate 2019) This relates to equality and diversity because it protects those that have disabilities not to be discriminated. D2/1 This relates to safeguarding because it protects those receiving care and the workers from being treated unfairly D2/3 This relates to working in health and social care because it protects people from being discriminated D2/8Mental Capacity Act 2005 Mental Capacity Act drafted in 2005 to protect those who lack capacity and unable to make decision. Reference (Mental Capacity Act 2005) This relates to equality and diversity because people who are mentally unstable should be given equal rights. Example for their care, they make sure that they assign someone like an advocate or anyone close to them to make decisions for them D2/1 This relates to safeguarding because it safeguards those that have mental issues from being discriminated D2/3Health & Social Care Act 2012 Health & Social Care Act 2012. Made to establish an independent NHS Board to allocate resources and provide commissioning guidance. Reference: Gov.uk. (2012). This relates to equality and diversity because it reduces inequalities between patients with respect to their ability to access health services. D2/1 This relates to safeguarding because it protects the health and wellbeing of adults at risk D2/4 This relates to working in health and social care because it establishes equality duties for all public sector bodies D2/8The Care Act 2014 The care act was set out by the act of parliament of the United Kingdom. The purpose of the act was to protect adults from mistreatment and improve their quality of life Reference (Health and Social Care Act 2012) This relates to equality and diversity because adults also have equal rights so this needs to be achieved example provide funding(money) D2/1 This relates to safeguarding because it safe guides the welfare of adults D2/3 This relates to communication/confidentiality because it protects their confidential information D4/4 This relates to working in health and social care because it provides them with information on how to help the need of adults D2/8Code of Conduct for Nursing and Midwifery Council Code of Conduct for Nursing and Midwifery Council contains the professional standard that registered nurses, midwives and nursing associate must uphold. Reference (Nursing & Midwifery Council 2018) This relates to equality and diversity because they make sure that their regulatory processes are fair, consistent and non-discriminatory D2/1 This relates to communication/confidentiality because they don’t disclose any information that is confidential to people D4/4 This relates to reflective practice because Nursing and Midwifery Council (NMC) requires that nurses and midwives use feedback as an opportunity for reflection and learning, to improve practice D2/9Code of Conduct for Health Care Support Workers and Adult Social Care Workers in England The Code of Conduct makes sure that all adult workers and support workers know what to expect and know what they will see. The code can also help the way they work and where they work as in which part of the building. Reference skills for health(2019) https://www.skillsforhealth.org.uk/ [assessed on 19 sept 2019] This relates to equality and diversity because it enables workers to know the rules and regulations governing them. D2/1 This relates to communication/confidentiality … D4/4 This relates to reflective practice … D2/9Children’s Act 1989 and 2004 The child act in 1989 allows social services more power other the child and allow them to take action if they need to. However the child act 2004 out lines the old act and builds on it to allow a better life for children. It states on the welfare of children. Reference legislation.gov.uk (No date) Children Act 1989 available at http://www.legislation.gov.uk/ukpga/1989/41 [accessed on 19 sept 2019] This relates to safeguarding … D2/3 This relates to working in health and social care because it helps those working in health and social to know to take care of children D2/8Data Protection Act Data protection act was passed on in 1988 .It enacted the Europen Union Data Protection Directive 1995’s provisions on the protection, processing and movement of data Reference Gov.uk. (2018) This relates to safeguarding … D2/3 This relates to communication/confidentiality … D4/4 This relates to working in health and social care because those working they will know that data are protected D2/8Safeguarding Vulnerable Groups Act 2006 Reference This relates to safeguarding … D2/3Health and Safety at Work Act 1974 The Health and Safety at Work Act 1974 is the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare of a person Reference legislation.Gov.uk. (2019) This relates to working in health and social care because it protects the welfare and health of a person working in it, D2/8Caldicott Guardian. Caldicott Guardian is a person that is in charge of protecting the confidentiality of people’s health and make sure it is used properly. Reference Gov.uk. (2015) This relates to communication/confidentiality because information are always confidential D4/4Common Law Duty of Confidentiality Common Law Duty of Confidentiality talks about the importance of confidentiality. All the information should not be disclosed without the consent of the patient/ service user. Reference Gov.uk. (2015). This relates to communication/confidentiality because the information are kept confidential D4/4No Secrets (2000) It explains how commissioners and providers of health and social care services should work together to produce and implement local policies and procedures Reference Gov.uk. (2015). This relates to communication/confidentiality because all of it are kept secretly D4/4Public Interest Disclosure Act (1998) Public interest disclosure act was originally published in 1998 and was introduced by Richard Shepherd. It protects whistleblowers from detrimental treatment by their employer. Reference Gov.uk. (2012). This relates to communication/confidentiality because it protects employees from being dismissed by employer D4/4General Data Protection Regulation 2018 General Data Protection Regulationwas made in 2016 but implemented in 2018. It addresses the transfer of personal data outside the European Union and European Economic Areas Reference Gov.uk. (2012). This relates to communication/confidentiality because information that is confidential should be kept D4/4Care Quality Commission (Registration) Regulations 2009 The regulation was put in place in 2009. It ensures that all health and social care providers must undergo initial registration before granted permission to perform such services. Reference (CQC 2019) This relates to working in health and social care because it shows that you must be qualified to work in health care services D2/8References – Remember to reference all sources you use to help you complete the table, using Harvard format. Reference Bates, E.D (2010) The evolution of the European convention on human rights. New York: Oxford University Press.Gillett-Swan, J., and Coppock, V., (2016) Children’s Rights, Educational Research and the UNCRC.Southampton:Symposium books Ltd.UNICEF (2018) For every child in danger[online] Available at: https://www.unicef.org.uk/what-we-do/un-convention-child-rights/ [accessed on 17 sept 2019]Equality and Human right commision (2018) The human right Act [online] available at: https://www.equalityhumanrights.com/en/human-rights/human-rights-act [accessed on 17 sept 2019]Citizen advocate (2019) Equality Act 2010 – discrimination and your rights[online] available at: https://www.citizensadvice.org.uk/law-and-courts/discrimination/about-discrimination/equality-act-2010-discrimination-and-your-rights/ [assecced on 16 sept 2019] Gov.uk. (2012). Health and Social Care Act 2012: fact sheets – Publications – GOV.UK. [online] Available at: https://www.gov.uk/government/publications/health-and-social-care-act-2012-fact-sheets [Accessed 17 sept 2019].Health and Social Care Act (2012), c.7. Available at: http://www.legislation.gov.uk/ukpga/2012/7/contents/enacted [Accessed on 18 sept, 2019].Nursing & Midwifery Council. (2018). The code: Professional standards of practice and behaviour for nurses, midwives and nursing associates. Retrieved from http://www.nmc.org.uk/globalassets/sitedocuments/nmc-publications/revised-new-nmc-code.pdf [accessed on 18 sept 2019]

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