Task 3 (b)

Task 3: Ethical legislation and codes of practiceEthical legislationLaws that have been past in the UK that defend people’s rights.There are 6 ethical legislations that include:Human rights act 1998. – Article 8 of the Human Rights Act 1998 enshrines the right to respect for private and family life. This means that everyone has the right to respect for their private and family life, their home and their correspondence. Also that public organizations including the government, police, hospitals and others must treat everyone equally with dignity and respect.This act set out fundamental rights and freedoms that individuals that individuals in the UK have access to. For example, the right to life, liberty, security and others.Mental capacity act 2005. – Under the Mental Capacity Act of 2005 any research that proposes to involve the recruitment of participants aged 16 and above who lack (or lose) capacity to consent to take part in the research must have ethical approval by a recognised appropriate body such as the Social Care Research Ethics Committee or certain National Research Ethics Service.It states that individuals must be given the help they need to make decisions themselves, this is a way to empower them and make them more independent.National Health Service act 2006- section 140. – is an Act of the Parliament of the United Kingdom. It sets out the structure of the National Health Service in England. This act promoted an improved health service with regard to physical and mental health and the prevention, diagnosis and treatment pf illness.Section 140 talks about primary care trusts providing financial assistance to people to do preparatory work by also providing local pharmaceutical services without involving a primary care trust. For example, to setting up pharmacies on supermarkets.Mental health act 2007. – this act change the definition of mental disorder and makes it no longer possible to detained patients, unless that appropriate treatment and information is available for the patient.It also gives more rights to relatives and civil partner of the patient and provides more help by offering more services, such as age-appropriate services, independent mental health advocacy, quicker tribunals an others,Equality act 2010. – The Equality Act 2010 is an Act of Parliament of the United Kingdom with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations that formed the basis of anti-discrimination law in Great Britain.This act protect people from discrimination in the workplace and in the wider society, also ensures consistency in making workplaces a fair environment for both employers and employees.Care act 2014. – The Care Act 2014 sets out in one place, local authorities’ duties in relation to assessing people’s needs and their eligibility for publicly funded care and support.This act aims to give fairer care and support for the physical, mental and emotional wellbeing of both the individual needing care and their carer.Ethical legislation – Human rights actThis act protects all of us- young and old, rich and poor as it let you to defend your rights in UK courts and compels public organisations.The human rights-based approach is the way in which human rights can be protected in clinical and organisational practice by adherence to the underlying core values of fairness, respect, equality, dignity and autonomy (FREDA).Examples of ethical issues which can overcome by the human rights act:Fairness is the right fair trial for example A health care practice such as a GP needs to ensure that there is strong and fair process for dealing with service users’ concerns about the health care professional conduct or their performance.Respect this is the right to respect for family and private life, home and correspondence. For example a health care professional have to respect all diverse families. Equality is the right of not to be discriminated against in the enjoyment of other humans rights. For example a GP needs to ensure that people are denied treatment solely on the basis of their age, sex, ethnicity, sexual orientation or disability.Dignity is the right to not be tortured or treated in an inhuman or degrading way. For example, the health centre provider such as a hospital needs to ensure that there are sufficient staff to promptly change wet sheets to reduce the risk of people suffering degrading treatment.Autonomy is the right to respect for private life. An example of this would be involving people in decisions made about the treatment and care of a service user.Use of ethical legislation with PatrickIn this case is important that the human rights are being taken into account when ethical decisions are made. For example Simon at the moment of making any decision or give and opinion to Patrick he needs to take into account the human right of equality, because Simon cannot discriminate Patrick just because of him being gay, he needs to receive an equal treatment regardless of his sexual orientation. This right need to be put in place in order to meet Patrick’s individual needs and support needs, For example if Simon follow all the policies and the humans rights he will be able to give the best treatment and care to Patrick as he will understand all the rights and law that protect Patrick against any unfair treatment, also Simon will be able to suggest or refer Patrick to other institutions or services that will be able to help him even more.Simon also need to take into account the conflict of interest as there may be interpersonal conflicts which occurs when the personal values conflict with the guidelines of the service provision. For example, Simon may be Christian and in his religion it says that gay people should not exist or something like that, well Simon needs to follow at all time the guidelines that have been given to him in order to respect Patrick’s rights and needs. Use of ethical legislation with BrendaIn Brenda’s case is important to take into account the human right of Dignity. For example, the GP need to have a knowledge about human rights to be able to provide a good care and treatment. At all times the GP and the other professionals involved in Brenda’s care plan need to understand that Brenda regardless of her mental ill health is a human and have the same rights as everyone else.In the part where Brenda ask for a female nurse instead of a male nurse which the GP said that female nurses were not always available, it may looks like her dignity is not being taken into account, well it actually is the opposite, because the GP wants to offer the best treatment and care for her but they also need to balance their services and resources, most of the time there will not available female nurses so they are offering what personal they have.Use of ethical legislation with MariaThe right of liberty need to be taken into account in Maria’s case. The right to liberty is a right of not to be deprived of liberty in an arbitrary fashion.For example: the fact that Maria is taking care of her mom limit her to do the things that she wants. Thing such as going out with friends, have a time of relaxation after work and more.However there is a conflict of interest as the mother has also rights and those need to be respected and taken into account too. Maria’s mother has the right to not be discriminated against. As she suffers of dementia the G.P. suggest Maria to place her mother in a care home due to her mental health issues but Maria did not want to do this as she still wanted to take care of her mother regardless of her actual situation. The important part is that the G.P. take into account the right of equality Maria’s mother has and offered a treatment solely based on her age and health, but also they respect Maria’s decision.Codes of practice The clinical commissioning groups (CCG)This are NHS organisations set up by the health and social care act 2012 to organise the delivery of NHS services in England.They manage conflict of interest by setting out guidance and acting fairly and in the best interest for service users by following 4 key steps.Doing business properly. – From the beginning consultations and procedures need to be right and in place.Being proactive no reactive. – The care workers or professionals need to be able to identify and minimise any risk of conflict of interest soon as they notice it.Assuming that individuals will seek to act ethically but will not always be sensitive to all conflict of interest. – Care providers will not always do the right things and make the right decisions due to lack of awareness of rules and procedures.Being balanced a proportionated. – Rules should be clear but not overly prescriptive or restrictive. This rules need to empower individuals by ensuring decision making.Use of codes of practice with PatrickIn this case the sexual health adviser Simon should use the CCG when supporting and treating Patrick. Also needs to follow the 4 key steps.For example:Doing business properly. – Simon needs to put in place all the procedures assessments and consultations from the start. This means that he need to follow the right of confidentiality for Patrick , as Patrick’s said before he is scare of people finding out that he is HIV positive, but Simon successfully respect the right of confidentiality of Patrick by ensuring him that all information will be confidential. Being proactive not reactive. – Simon need to identify all the possible conflict of interest that Patrick may experience and finding a solution to those in case they happen. E.g, how to react in a situation where another member of the martial art clubs find out about Patrick’s health and act violently towards him and how to overcome or sort out this problem.Assuming that individuals will seek to act ethically but will not always be sensitive to all conflict of interest. – If Simon does not have a good knowledge about Patricks situation it may lead to problems even though he want to do the right thing for Patrick’s treatment .Being balanced an proportionated. – Simon need to put in place procedures and rules since the start of Patrick’s treatment or consultation but also he need to take into account the decisions that Patrick’s make. It will avoid any future conflict in case that Patrick is not happy with his treatment as all his decisions will be taken into account.The CCG help to address the ethical issues that Patrick may have and this are found ate the first key steps where all the important assessments, consultations, etc. are in place it helps to identify whether or not a treatment is suitable for the service user and if he is happy with it. For example the HIV testing procedures need to be followed with the consent of Patrick, he needs to agree to continue with then testing procedures, if not then the health care professionals should respect his opinion and find other ways to continue with the procedures. However if there is no other way in which Patrick could be test on then the HCPs should try to persuade and offer information to him in order to deal with the conflict and continue with the treatment without any barriers.Codes of practice DH Decision support toolIt features 12 areas of need the medical team consider when deciding whether an individual have a primary health need.Individual who are discharged and have a significant care needs, individuals living in care homes or those with long term health needs are the ones who require the DSTThe 12 domains are:Behaviour CognitionPsychological and emotional needs Communication MobilityNutrition Continence