UK Legislations

1. UK Legislations

2. Define the following: • Legislation • Act • Regulations

3. Define the following: • Legislation – the making of laws by parliament • Act – outlines law made by parliament • Regulation – gives details of specific aspects of an act

4. The Children Act 1989/2004 • Ensured Social Service Departments were responsible for protecting children in their area from abuse. • Gave Social Services power to take legal steps to ensure child safety. • Each Social Services department must have: • A separate children’s department • A Child Protection committee • A designated “Director for Children” responsible for child protection issues • In 1999, new guidelines ensured that information is shared between professionals and other agencies. • The Children Act 2004 provided a joined up system so that workers in both health and social care will work together. • This can be done by storing electronic records and via Case Conference

5. The Mental Health Act 1983/2007 • Allows patients to be detained in hospital against their will – Being sectioned • Requires formal application by approved social worker or nearest relative • 2 Medical practitioners must also recommend the admission • 2007 revision takes into account The Human Rights Act 1995 • Protects the rights of people with problems • Allows them to refuse certain treatments and to choose their main carer (rather than next of kin) • Social Services assume responsibility for those considered unable to make considered decisions because of their illness

6. The Disability Discrimination Act 1995/2005 • Supports disabled people in employment rights, access to services and where they live • 2004 update enforced service providers to make ‘reasonable’ adjustments to premises, schools, colleges and universities • Public transport must also be accessible • What is the problem with ‘reasonable’? • http://www.heraldscotland.com/disabled-teenager-wins-royal-bank-of-scotland-case-1.900014

7. The Chronically Sick and Disabled Persons Act 1986 • This act ensures that: • Local Social Services keep a register of the numbers of people with disabilities in their area • They publish information about the services they provide • They assess the needs of these people and provide the support needed

8. The NHS and Community Care Act 1990 • This act closed many long-stay hospitals/wards and these people were cared for in the community • Physical or learning disabilities and people with mental health problems, older people. • Only the most severely ill patients were looked after in hospital • This act means local Social Services have a duty to assess the needs of these people and provide the support needed.

9. Food Safety Act 1990 • Covers everyone involved in: • Production, Processing, Storage, Distribution and Sale of food • Food: • must be of nature, substance and quality demanded (sausage?) • Must not be described falsely or misleading • Must not be supplied if it could be harmful to consumer’s health • Must not be unfit e.g. rotting • Must not be so contaminated it is inedible • Powers for Environmental Health or Trading Standards: • Seize food not adhering to above • Serve an Improvement notice to a business • Close any premises which are causing a risk to health

10. General Food Hygiene Regulations ‘95, ’05 & ‘06 • Ensures that food premises allow food to be safely prepared with minimal risk of cross contamination: • Everywhere must be easy to clean and prevent the accumulation of dirt • All food equipment in good condition and clean • Adequate facilities for cleaning equipment & food • Adequate hand-washing facilities • Drinkable water and clean toilets • Sufficient fridge and freezer • Waste in closed and easily cleaned containers • Staff changing facilities – outdoor clothes kept away from food • Premises to be clean, tidy and in good condition • High standard of personal hygiene • Adequate pest control • Protect food from contamination e.g. covering • Safety procedures identified, implemented and reviewed • All food handlers to be trained and supervised in food hygiene

11. Health and Safety at Work Act 1974 • Umbrella legislation under which other regulations are formed • There are about 400 regulations covered • Main principles: • Employers have to look after the health, safety and welfare of all their employees • Employees and the self-employed have to look after their health and safety • Everyone has to take care of the health and safety of others e.g. members of the public who may be affected by their work • See page 241 for a list of things an employer and employee must do

12. RIDDOR 1995 • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations • Employers must report to the local environment health departments: • Accidents at work (or near misses) • Injuries from work • Sickness which may have been caused at work • Employees must inform the employer immediately of any of these problems • Employers must investigate and provide a written report.

13. Dangerous Occurrences - What must be reported? • Any accident causing death • Failure of lifting equipment • Possible release of biological agent (microbe) likely to cause human infection or illness • Failure of breathing system whilst in use • Collapse of floor or wall @ work • Escape of substances that could cause death, major injury or any other damage to the health of any person

14. Dangerous Occurrences - What must be recorded? • Accident date & time • Full name of person in accident including job title or status (e.g. visitor) and nature of injury • Accident place • Brief description of the circumstances • Date accident was reported • The message by which it was reported

15. Injuries – what must be reported? • Any fracture other than to finger, toes or thumbs • Amputation • Dislocation of shoulder, hip, knee, or spine • Any loss of sight • Chemical or metal burn to eye • Any injury that penetrates the eye • Electric shock or burn leading to unconsciousness or admittance to hospital for > 24 hours • Any injury leading to hyperthermia or heat induced injury, requiring resuscitation , requiring admittance to hospital for > 24 hours • Loss of consciousness caused by asphyxia or harmful substance • Inhalation, Ingestion or skin penetration of any substance leading to any medical treatment

16. Diseases – What must be reported? • Conditions due to physical demands of work • Damage from radiation, repetitive movement etc • Certain infections • Hepatitis, tuberculosis, etc • Conditions due to substances • Poisoning, certain cancers, skin conditions etc • Records must be kept of: • Diagnosis date, name of person & job title, name or nature of disease, date of report and method of report.

17. COSHH 1994 • Control of Substances Hazardous to Health • Require employers to control exposure to hazardous substances at work e.g. • Cleaning agents, disinfectants, soiled linen • Examples of effects of hazardous substances: • Skin irritation • Asthma • Infection from bacteria and other micro-organisms • If you have 5 or more employees, the main findings of the risk assessment concerning hazardous substances must be recorded in a COSHH file

18. Storing hazardous waste • COSHH regulations state the correct methods for storing potentially hazardous substances such as: • Cleaning agents, disinfectants and soiled linen • If these are not stored correctly there is a risk of harm from: • Swallowing poisonous substances • Breathing in poisonous substances • Splashes to the skin • Splashes to the eye • Contamination from microbes such as bacteria and viruses

19. Every Child Matters • Regulations outlining how the Children Act would be put into practice. • Applies to all children from birth to 19 • Aims to minimise risks for children and support them to: • Be healthy • Stay safe • Enjoy and achieve • Make a positive contribution to society • Achieve economic wellbeing

20. CRB Checks • Criminal Records Bureau • Previously called ‘police checks’ • Process now called ‘disclosure’ • 3 types of disclosure: • Basic – information about someone held in central police records • Standard – provides details of criminal records including any conviction – needed to work with vulnerable clients • Enhanced – Essential for anyone wishing to work with children, young people and vulnerable groups. Checks a wider range of information.

21. POCA and POVA • Protection of Children Act • Protection of Vulnerable Adults • There are registers of people who are unsuitable to work with children, but may not have been prosecuted for an offence. • Enhanced disclosure checks this information • Certain offences may stop people from being able to work with young people under 18 by law