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PPT 3 - Different Acts for Health, Social Care and Children’s Provision . Lesson objective – to learn why legislation is put in place and what Acts protect different client groups. . PPT 3 - . Updates to recent legislation in Health and Social Care services .
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Lesson objective – to learn why legislation is put in place and what Acts protect different client groups.
PPT 3 -
In the Act, a person has a disability if:
‘Every Child Matters’ agenda - Green Paper 2003.
The Department for Education (DfE) has moved to allay fears that a ban on the use of the phrase Every Child Matters in the new government signals a shift in policy for children and young people.
Details of the changes in terminology are revealed in an internal DfE memo, split into two columns for words used before 11 May (when the coalition took office) and those with which they should be replaced.
Key changes to phrases in the children's sector include the replacement of safeguarding with child protection, children's trusts with "local areas, better, fairer, services'" and using the term "help children achieve more" in place of Every Child Matters or the five outcomes.
John Chowcat, general secretary of children's services union Aspect, said he fears the change in language represents a gradual move away from the Every Child Matters agenda by the government. "I could not imagine this government making a bold announcement to the effect that Every Child Matters has gone or anything like that," he said.
Organisation that have voiced concerns over the wording of this agenda see this process as a demoralisation process towards child agencies. NSPCC and 4Children chief executive have spoken up the reply is as follows:
"The principles of Every Child Matters are observed in the field and people will continue to use those approaches even if they might not refer to it in the same way."
Standard 4 of the National Services Framework for children, Young People and Maternity Services, ‘Growing up into adulthood’
Standard 4 :
All young people have access to age-appropriate services which are responsive to their specific needs as they grow into adulthood.
Young people supported to make the transition to adulthood and to achieve their maximum potential in terms of education, health, development and well-being.
Young people taking responsibility for their own health and making informed choices and decisions regarding their emotional and social development, and health and well-being both now and in the future.
Services and staff who are able to respond in a sensitive way which encourages engagement and provides high-quality support for young people.
What factors may affect a young person’s transition into adulthood? (Thinking back to Unit 1 will help you answer this.)
What organisations and professionals may be able to help the young person?
How might the family offer support and who could support the family?
AfL – through discussion and self assessment
Markers of good practice
1. All services working with young people have policies and procedures which ensure that their confidentiality and rights are respected.
2. Young people are consulted in the planning and development of local services.
3. Services address targets for the reduction of teenage pregnancy, smoking, substance misuse, sexually transmitted infections and suicide through the provision of targeted and/or specialist services which are sensitive to young peoples' needs.
4. Young people in special circumstances receive targeted and/or specialist services to meet their needs which are easily accessible and of the same standard in all settings.
5. All transition processes are planned in partnership and focused around the preparation of the young person.
6. Young people up to eighteen years of age with mental health problems have access to age-appropriate services.
7. All services for young people contribute towards assisting young people to take on increasing responsibility for their own lives.
8. Services seek to support parents, in particular providing information and advice on how they can appropriately support their child's transition to adulthood.
The social support and physical health are two very important factors help the overall well-being of the individual/young person into adulthood.
First, professionals would look at the amount of attachment provided from a lover or spouse.
Second, measuring the level of social integration that the individuals involved with, it usually comes from a group of people or friends.
Third, the assurance of worth from others such as positive reinforcement that could inspires and boosts the self-esteem.
The fourth criterion is the reliable alliance support that provided from others, which means that the individual knows they can depend on receiving support from family members whenever it was needed.
Fifth, the guidance of assurances of support given to the individual from a higher figure of person such as a teacher or parent.
The last criterion is the opportunity for nurturance. It means the person would get some social enhancement by having children of their own and providing a nurturing experience.
For adolescents, family support is the most important element in their lives. As part of their growth experience, adolescents usually expect a lot of things from their parents. Inadequate support from the parents will likely increase the chance of getting depression among adolescents who get into unfortunate situation with their parents. This occurs because adolescent usually become confused when they expect to get plenty of help and positive reinforcement from their parents, but it does not happen.
Beside family support, peer support also is very important factor for adolescents. Children can expect a lot from their friends. Peer support can be considered as an alternate method of getting social support if the adolescents receive inadequate attention from their parents. This social support method is not as reliable as family support because young children could easily withdraw from their own friends if they become depressed. Another problem arises in this area, when the depressed students isolate themselves from public gatherings. This would prevent those suffering adolescents from getting any social support at all (Stice et al., 2004). Receiving social support is very essential for adolescents to become successful with themselves and achieve a satisfactory level at school.
Triple P (positive Parenting Program)
Pastoral Team in Schools
Community Social Care
Voluntary Sector / many organisations that promote support network for parents and adolescents.
The Draft Mental Health Bill (2002 and 2004)
However, the delay of the implementation are that:
Psychiatrists last night condemned the government's latest attempt to reform mental health law in England and Wales as "objectionable, unworkable and likely to bring NHS services to their knees".
Ms Winterton said 130 extra psychiatrists and about 900 other staff would be needed to implement the bill, mostly because of the new safeguards.
Many of the new proposals are relating to the Human rights Act.
Range of new powers
The draft bill would:
· Allow non-offending psychopaths to be detained indefinitely "if clinically appropriate"
· Introduce compulsory treatment in the community to protect patients in danger of relapse
· Allow people to refuse electroconvulsive therapy if they retain mental capacity
· Increase maximum sentences for those convicted of ill-treating patients
· Establish a new independent tribunal to review every detention lasting longer than 28 days
· Provide an independent advocacy service to help patients assert their rights
Article 2: everyone’s right to life shall be protected by law.
Article 3: no one should be subjected to inhuman or degrading treatment or punishment.
Article 5: everyone has the right to liberty and security of person.
Article 6: everyone is entitled to a fair and public hearing in the determination of a person’s civil rights and obligation or of any criminal charge brought against them. Everyone is entitled to a fair public hearing within a reasonable time by an independent and impartial tribunal established by law.
Article 8: everyone has a right to respect for their private and family life, their home and their correspondence.
Article 10: everyone has the right t freedom of thought, conscience and religion.
Article 11: everyone has the right to freedom of peaceful assembly and to a freedom of association with others, including the right to form and join trade unions for the protection of their interests.
Article 12: men and women of marriageable age have the right to marry and found a family according to the national laws governing the exercise of the right.
Article 14: the enjoyment of the rights and freedoms set forth in this convention shall be secured within discrimination on any grounds such as sex, race, colour, language.
The aim of the Act is to achieve a fair balance between the public interest and the individual's rights.
The Human rights Act overlaps other legislation as the Race Relation Act (1995) and the Disability Discrimination Act (1995). Finally, the Human rights Act does not allow people to bring a case against an organisation that is not a public authority. The Act has changed how courts interpret and develop the existing Law; Human rights Act has also had an impact on informed consent issues.
of Do Not Resuscitate OrdersTask 1
Keeping elderly couples together
An older man with dementia was admitted to hospital. He was placed on a ward in which every patient had a ‘do not resuscitate’ order placed on their file.
His advocate came to visit him and noticed the DNR, which wasn’t signed by a doctor. She queried it and was told that everyone on the ward had a DNR automatically.
The client was not aware of the DNR and his advocate believed him to have some level of capacity to take the information on board. In addition he had two estranged daughters who had visited but were not consulted or informed. She challenged this using the right to life and the right not to be discriminated against.
The DNR was withdrawn.
Mr V contacted Counsel and Care when social services threatened to move his wife into a care home which was some distance from the family. Mrs V has Alzheimer’s and is blind. Mrs V had temporarily moved into a local nursing home after being hurt in a fall. Mr V was also injured in the fall, and unable to care for his wife at home.
Social services decided Mrs V should be moved to a permanent care home but Mr V disagreed with the home social services chose, because it was too far for him and other family members to travel to see Mrs V.
Counsel and Care helped Mr V to challenge this decision, by providing information on community care laws, and combining this with the argument that social services needed to consider Mr V's right to private and family life under the HRA (Article 8). This helped Mr V persuade social services to allow Mrs V to remain in the nursing home close to her family.
Read these case studies and decide which Human Rights Articles are being infringed.
Structure and provision of service
Range of client groups