Outline Key Legislation and Regulations Which Govern Safeguarding Adults Work.

Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in

Human rights act 1998 – specifies and enforces the rights of individuals and if these

One of the biggest contributors for poor healthcare is the stigma against mental health. This stigma allows healthcare providers to view those with a mental illness as having low relevance, thus creating disinclination towards providing adequate resources and/or care. This negative stance, based on misinformation and prejudice creates those that have a mental illness to lose their self confidence. Because of this loss, people with mental illness decide not to contribute to their health or livelihood. In the past fifty years, many advances have been made in mental healthcare. However, with the attached stigma, many people choose to not seek out treatment.

The Human Rights Act covers all human rights and ensures that all individuals have rights on their side and can take legal action against any organisation that disrespects these. Meaning that if a care giver does not respect the needs of the resident they are caring for, their company can get sued due to their lack of care standards. The act states that everyone has the right to life, meaning that any life support mechanism cannot be withdrawn unless a person is beyond doubt clinically dead. It also says that every person has the right to protection from inhuman and degrading treatment, for example humiliation and inappropriate or rough care. It also prohibits discrimination, meaning that people must not be discriminated against due to their age/ethnicity/gender etc. meaning everyone must be treated equally with the same level of high standards of care no matter who they are.

Human Rights Act 1998 – Gives further legal status to the standards on Human Rights that was set out in 1948 with the Universal Declaration of Human Rights. This highlighted the principle that all humans have the same rights and should be treated equally. This act also sets out the rights of all individuals and allows individuals to take action against authorities when their rights are affected.

The human’s rights act is very useful within the UK because it lays down the law about what rights we have. It

Mental Health Act 1983 to ensure that people that have mental disorders get the care and treatment needed.

Individuals with a mental health illness tend to experience discrimination due to misinformation, assumptions and stereotyping. Many people in our society are not educated on the subject of mental illnesses and often have misconceptions about the conditions and what affects these pre conceived ideas can have on the individual suffering from the

As being diagnosed as mentally ill creates a use of label’s which help us to understand and accept the behaviours that they are displaying within a patient centred environment where the individual will not be held in charge for their actions. However, this use of terms will generate empathy and accepting the attitudes of those who are suffering from the mental health issue/ disorder. In some cases, this type of language is seen as a control by professionals which shows off the power that they have over the service user. In some cases, the label’s give some form of relief to service users and individuals for example they will find out that the illness that they have has a name and reassures the service users in a way because they can receive a more adapted way of getting treatment and information of their illness. The findings that we have on labelling provides us with the evidence which we can use to argue that labelling empowers people and raises individual’s self-esteem which in a way can make their wellbeing better, but this is supported throughout the service users opinions once they’ve been diagnosed some individuals become aware of the illness that they have and they gain an understanding of the behaviours that they are displaying or showing. The mental capacity act 2005 says that choices are made but are made

Outcome 1 – Understand the main legislation, guidelines, policies and procedures for safeguarding children and young people.

For this part of my coursework I will be doing the Human Rights Act of legislation.

Mental Health Act 1983 and 2007, for somebody to be treated as mental illness or mental disorder the Mental Health Act must also be involved. The Mental Health Act was started in the 1983 and was then amended in the 2007. The Mental Health Act 2007 was also amended the Mental Capacity Act 2005. The Mental Health Act 1983 was covering the following mental health disorder such as mental illness, mental impairment, severe mental impairment and psychopathic disorder. Then it was later amended in Mental Health Act 2007 which has provided a definition of a ‘mental disorder’ has does two things by improving the understanding of who can be treated under the Health Act and has increased the number of illness and disorders that can lead to the detention

Stigma surrounds mental illness even in contemporary society. Research has aimed to reduce this. World Health Organisation (WHO; 2012) have stated that such stigma is a “hidden human rights emergency”.

Speker and Scully (2008) stated that the Act sets out decision specific standards that define the assessment of capacity and best interest principles to improve the decision making for patients that is believed to lack capacity. The Act put out the justification that patient undergoing serious treatment must have an independent mental capacity benefactor in the absence of any appropriate person to consult in determining the client’s interests, underpinning the legal significance bestowed on the patient’s rights, autonomy, liberty, and empowerment. If there is no independent

The Human Rights Act (1998) consists of sixteen fundamental rights that everybody is entitled to from birth or since the act was put into place. These sixteen rights are set out as ‘Articles’ and along with these Articles there are also ‘Protocols’ to extend and adapt new rights into the Human Rights Act. There are three main effects of the HRA: Firstly, it has subsumed the rights set out by the European Convention on Human Rights (ECHR) into British national law; if in any given situation there is a breach of rights, this allows people to take their cases to British courts instead of seeking justice from the European Court of