Just thought if i print the answers to some of my quetions it may help others doing the same thing hope you find them helpful xxxx
HSC3 5 Promote choice, well being and protection of all individuals.
In all areas of our work with service users we are bound by Acts of Parliament, Codes of Practice and Organisational policies and procedures.
1. Which Local National and European legislation, as well as organisational requirements impact on the following areas? (K1, 7)
a) The recording, reporting, storage, security and sharing of information.
Data Protection Act 1998. The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly. The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is: Fairly and lawfully processed, Processed for limited purposes, Adequate, relevant and not excessive, Accurate and up to date, Not kept for longer than is necessary, Processed in line with your rights, Secure, Not transferred to other countries without adequate protection. The second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records. Should an individual or organisation feel they're being denied access to personal information they're entitled to, or feel their information has not been handled according to the eight principles, they can contact the Information Commissioner's Office for help. Complaints are usually dealt with informally, but if this isn't possible, enforcement action can be taken. There is also a Freedom of information Act 2000. Everyone has the right to request information held by public sector organisations under the Freedom of Information Act 2000, which came into force in January 2005.
b) The health and safety of yourself and service users in relation to promoting choice and protection form abuse.
The Human Rights Act 1998 was introduced in 2000 there are also other act or law that should be taken notice of when working in the health sector, not just for clients protection but also for your own. These are acts such as: Sex Discrimination Act1975, Race Relations Act, Human Rights act1998, Disability Discrimination Act 1995 which was amended by the Special Educational Needs and Disability Act 2001 and then updated by the Disability Discrimination Act 2005 this took things further, giving most public authorities a positive duty to promote disability equality.
c) Dealing with complaints. Care standards act 2000 You can complain to the Commission for Social Care Inspection (CSCI) if you're not satisfied with the result of your formal complaint to your care sector. You can also complain directly to the CSCI from the start.
d) Equality and discrimination.
Sex Discrimination Act1975 Under the 1975 Sex Discrimination Act it's unlawful for an employer to discriminate against you because: of your gender, if you are married, you have had, are having or intend to have, gender reassignment, this means someone, supervised by a doctor, who changes their gender. (Also see answer to question b, as this covers similar answer)
Another aspect of our work is to support the service user to exercise their right of choice, so putting their preference and best interest at the centre of everything we do.
2a) Using the following situation, describe how you would put the service users interests at the centre of care. (K&U 2, 3b, 4, 16a)
Jim is sitting in the lounge watching TV, Mary, a care assistant enters and starts organising service users for an outing. She approaches Jim, trying to get him to put on his coat which she had brought for him. When Jim says he did not know about the outing and besides England are on the telly so he wants to see them. Mary makes the comment that she forgot about this but Jim could always watch the highlights on the news.
Jim likes to watch football. And wants to watch the England match; instead of going on the outing. I would say to the individual i.e. Jim who likes football that they could do so as long as they understand all options like recording it for later or watching it on the news. I would inform the manager and other staff. I would support others with whom I work, to work in ways that: recognise and respect individuals' beliefs and preferences, take account of individuals' preferences in everything they do acknowledge and respect diversity and difference, because not everyone likes football.
2b) Have you ever been guilty of 'one size fits all' attitude towards Service Users? How can you prevent this happening while still remaining with in the legal and organisational framework you work with? (K&U 3a)
I have never been guilty 'one size fits all' attitude towards Service Users.
I support and treat all residents as individuals and with respect and dignity when considering their needs and preferences. This involves asking them their opinions on every aspect of their daily lives, from what time they wish to get up and have their meals to what they want to wear and what they wish to do during the day. Including their intimate hygiene and caring needs I discuss the care needs with the individual. I look at their care plan and if they do not agree with something on the plan I discuss this with them and then report and record the conversation with the manager and it is arranged that the resident should be re-assessed and an updated care plan could be made out with the changes (if feasible) wanted by the Service user.
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