Relevant legislation and organisational policy and procedures

407

Relevant legislation and organisational policy and proceduresThis grid provides a list of some of the legislation and organisational policy and procedures relevant to health and social care. The content which is particularly relevant has been listed.

Legislation policy procedure

Website Relevant content EU directive implemented by the Act

Care Standards Act (2000) (England and Wales)

www.opsi.gov.uk Set up an organisation called the National Care Standards Commission. Inspection is now the responsibility of the Care Quality Commission.• Sets standards that all social care workers must meet. These can be

found in the booklet General Social Care Council Codes of Practice. • Ensures all care provision meets with the National Minimum

Standards. • Sets standards for the level of care given to individuals requiring

social care.• Requires that all staff have a thorough police check before they

begin working with children and adults and that a list is kept of individuals who are unsuitable to work with children or vulnerable adults. The vetting and barring scheme was introduced in October 2009 with the aim of preventing unsuitable people from working with children and vulnerable adults. From July 2010, and phased in over a � ve year period, anyone working of volunteering with children or vulnerable adults will be required to register with the Independent Safeguarding Authority (ISA). The ISA will make decisions to prevent unsuitable people from working with children and vulnerable adults, using a range of sources including the Criminal Records Bureau (CRB). The CRB will process applications for ISA-registration and continuously monitor individuals against any new information, whilst continuing to provide employers with access to an individual’s full criminal record and other information to help them make informed recruitment decisions.

Children Act (2004)

www.ecm.gov.uk Introduces Children’s Commissioner, Local Safeguarding Children Boards and provides legal basis for Every Child Matters

Children (Leaving Care) Act (2000)

www.ecm.gov.uk Requires local authorities to plan for children leaving care. • Children must be provided with support for housing and

preparation for independence.• Children must have a personal adviser.• Young people can remain cared for in full-time education until 21

years.

Children Act (1989)

www.dcsf.gov.uk

www.scotland.gov.uk

Made major changes to childcare practice.• Introduced concept of ‘signifi cant harm’.• Introduced concept of ‘parental responsibilities’ rather than ‘rights’.• Made wishes and interests of the child paramount.

Control of Substances Hazardous to Health (2002) (COSHH)

www.hse.gov.uk Covers the handling of hazardous substances. Gives directions on how to:• Store cleansing materials correctly• Label hazardous substances correctly• Handle bodily fl uids such as blood and urine appropriately• Handle fl ammable liquids and gases appropriately• Handle toxic or corrosive substances/liquids appropriately

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BTEC’s own resources

408

Community Care and Health Act (2002) (Scotland)

www.opsi.gov.uk Introduced free nursing and personal care for the elderly in Scotland. • Elderly people who qualify receive payments of between £145 and

£210 per week, depending on their needs.

Data Protection Act (1998)Data Protection Amendment Act (2003)Access to Medical Records (1988)

www.dh.gov.uk www.opsi.gov.uk

Provide for the protection of individuals’ personal data with regard to processing and safe storage. The Acts cover:• Storage of confi dential information• Protection of paper-based information• Protection of information stored on computer• Accurate and appropriate record keeping.

95/46/EC

Disability Discrimination Act (2005)

www.direct.gov.uk

First came into force in 1995 and was amended in 2005.• Requires the providers of public transport to reduce the amount of

discrimination towards people with disabilities on their buses and trains.

• Requires public facilities and buildings to be made accessible to those who have disabilities.

• Requires employers to make reasonable adjustments to allow an individual with a disability to gain employment.

Environmental Protection Act, Section 34 (1990) and the Environmental Protection (Duty of Care) Regulations (1991)

www.dh.gov.uk Impose a duty of care on persons concerned with control of waste. • Anyone who has a responsibility for control of waste must ensure

that it is managed properly and recovered or disposed of safely.

2006/12/EC

Food Safety (General Food Hygiene) Regulations (1995)

www.opsi.gov.uk Provide for the safe handling and preparation of food. Topics include:• Basic hygiene principles for handling and preparing food• Food safety risks.All staff who prepare food for users of services in day centres, residential settings and hospitals must follow the guidelines.

93/43/EEC

Freedom of Information Act (2000)

Freedom of Information Act (2002) (Scotland)

www.dh.gov.uk Produced to promote a culture of openness within public bodies. • Everyone has the right of access to a wide range of information

held by a public authority. • Individuals can access their health records and can request the

information to be provided in Braille, audio format; large type or another language if necessary.

Access to information is subject to certain limitations, such as information about an individual.

In Scotland, this Act established the of� ce of Scottish Information Commissioner, which is responsible for ensuring public authorities maximise access to information.

95/46/EC

Health and Safety at Work Act (1974)

www.hse.gov.uk Aims to ensure the working environment is safe and free from hazards. Employers and employees should share responsibilities for:• Assessing risks before carrying out tasks• Checking equipment for faults before use• Using appropriate personal protective clothing• Handling hazardous/contaminated waste correctly• Disposing of sharp implements appropriately.

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Relevant legislation and organisational policy and procedures

409

Human Rights Act (1998)

www.opsi.gov.uk Came into effect in October 2000. States the basic human rights and that people can take their complaints about how they have been treated to a UK court. • There are 16 basic human rights. They cover everyday things, such as

what a person can say and do, their beliefs and issues of life and death.• Human rights are rights and freedoms that all people living in the

UK have, regardless of their nationality or citizenship.• Although everyone has these rights they can be taken away from a

person if that person does not respect other people’s rights.

Lifting Operations and Lifting Equipment Regulations (1998)

www.hse.gov.uk Aim to reduce risks to people’s health and safety from lifting equipment provided at work.• Equipment must be strong and stable enough for the particular use

and marked to indicate safe working loads• Equipment must be positioned and installed to minimise any risks.• Lifting must be planned, organised and performed by competent

people.• Lifting equipment must have ongoing thorough examination and,

where appropriate, inspection by competent people.

95/63/EC

Management of Health and Safety at Work Regulations (1999)

www.opsi.gov.uk Explain to managers and employers what measures they must take to keep staff safe. The main focus of the regulations is risk assessment. The regulations explain how to conduct a risk assessment and what the assessment should contain.

Manual Handling Regulations (1992)

www.hse.gov.uk Aim to keep staff safe when handling anything. Covers the safe moving and handling of equipment, loads and patients• The environment must be prepared before anything is moved or

handled.• Equipment must be checked for safety before use.

90/269/EEC

Mental Capacity Act (2005)

www.opsi.gov.uk Empowers and protects vulnerable people who are not able to make their own decisions. Deals with the assessment of a person’s mental capacity and protects those who lack capacity. The Act created two new public bodies: a new Court of Protection and a new Public Guardian.

Mental Health Act (2007)

www.opsi.gov.uk Updates the Mental Health Act 1983. The main changes are:• 16 and 17 year olds can accept or refuse admission to hospital and

this decision cannot be overridden by a parent• Patients who are detained in hospital under a section of the Act are

entitled to an independent advocate who will speak for them at a review to decide on their future

• Under Supervised Community Treatment Orders, patients who are discharged will be visited at home by a mental health professional to ensure that they take their medication.

Race Relations Amendment Act (2000)

www.standards.dfes.gov.uk

Requires all public bodies, for example Health Authorities and Primary Care Trusts to:• Review their policies and procedures• Remove discrimination from these policies and procedures• Remove the possibility of discrimination from their policies and

procedures• Actively promote equalityIn Health and Social Care, this means that all support must be designed and delivered in such a way that no individual will be treated less fairly because of their race or ethnicity.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (1995) (RIDDOR)

www.hse.gov.uk Ensures injuries, diseases and dangerous incidents are reported appropriately.• Accidents and injuries must be reported objectively and accurately.• Diseases and dangerous incidents must be reported to the

appropriate bodies.• Relevant paperwork must be completed.

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BTEC’s own resourcesBTEC’s own resourcesBTEC’s own resources

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