Unit 40 Health & Social Care P3 P4 M2 D1 Essay

P3,Whatever job you want you need skills and qualities for it, this helps you with your job without this it would make it hard to know what you're doing and hard to adapt to the job. Nursery teachers look after young children from 3 years old to 5 years old.

The Mental Capacity Act (MCA) 2005 states that “an act done, or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests’. The Deprivation of liberty safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals, where the care is imputable to the state, who lack capacity or have a mental dysfunction to make decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99 (2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR, lawful detention needed to meet Article 5 (1) that requires a ‘procedure prescribed by law’ and Article 5 (4) which requires a means to apply to a court to see if deprivation of liberty was unlawful (dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall within the scope of the act.

Data Protection Act 1998 – gives individuals the right to know what information is held about them, and those that processes personal information must comply with eight principles, which makes 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;

This legislation is there to protect individuals from harm and abuse, it also protects the rights of that individual so that they have the freedom to believe, do and say as they wish without the fear of repercussions. The legislation also protects individuals from harm by ensuring that they are in a

This check was put in place to safeguard people who are vulnerable such as children and persons with a disability.

Over the year both positive and negative influences have influenced my learning. The skill I have developed for learning is my aspiration is to become a midwife, this influences my learning in the way that it gives me the hunger to learn new things and improve my knowledge and grades. By improving my knowledge I will be able to go onto the next stage of my development. I believe that if I did not have such a desire to be a midwife, it would affect my learning by creating a mental blockage which would stop my ability to take things in and learn as I would become lazy and not interested from the lack of direction in my life. As soon as I realised what I wanted to do as a career, it really highlighted my priorities and I found that I have

This legislation affects and supports people with dementia as it has different laws. Some of these laws are things like helping people to wash and dress themselves. This helps people with dementia, as when it becomes advanced they lose their fine motor skills and they find it difficult to do simple tasks like fasten buttons and hold things, so it also makes it hard for them to wash. They have carers that will do this for them and help them do it. The legislation affects the patients care as the carer has to follow rules, such as making sure that the patient has privacy and dignity, such as washing them where nobody can see them and undressing them where they can’t be seen

P2 – Explain the potential effects of five different life factors, on the development of an individual

P1 – Explain potential hazards and the harm that may arise from each in a health and social care setting.

2.1 Explain the key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm and the impact on an individual with dementia.

Under the Care Act 2014, three specific criteria must be met for adult safeguarding duties to apply; the adult must have care and support needs and be experiencing, or at risk of, abuse or neglect and is unable to protect themselves because of their care and support needs.

| |legibly written, factual, objective, dated, timed, signed, the use of past and present continuous | |

In Sullivan, these same elements were instrumental in the courts decision in determining whether a duty of care should be owed by health departments to indirect third parties. In this case, the judges were concerned with maintaining a coherence in the law and the effect a duty of care would have on their statutory duty which is outlined in the Community Welfare Act 1972 (SA) ("the Act"). In section 25, The act outlines to ‘regard the interests of the children as the paramount consideration.’ Through the application of the hill immunity, the High Court concluded in a joint judgement that no such duty of care existed and public authorities were immune to negligence claims. The High Court held that a duty of the kind alleged would be

Negligence characterises the conduct of individuals. Under s 43 of the Wrongs Act 1958 (Vic), negligence means failure to exercise reasonable care. In other words, there was ‘some duty owed to the person.’ Duty of care is an important mechanism in the law of negligence that controls the imposition of liability and it looks at the relationship between a plaintiff and a defendant. The conclusion that was held in the case of Stephens v Giovenco; Dick v Giocenvo [2011] NSWCA 53 in regards to who owed whom a duty of care is correct. If it were so otherwise, it would open the floodgates and there would be an influx of claims within the court system.

As such we must comply with the 8 data protection principles in that personal Data shall: