The Mental Capacity Act Code of
practice provides guidance and information on how the Act will work on a
day-to-day basis for anyone who works with or cares for people who lack
capacity, including family, friends and unpaid carers. It encapsulates the need
to respect diversity, minimise harm and use the least restrictive options.
By listening to resident’s needs and
facilitating their participation in their person-centred care is one of the core
principles of adult social care. As a team leader I have a role in protecting
individuals from abuse and neglect. Residents who are deemed to lack capacity
are subject to additional protection from best-interests assessments and
deprivation of liberty safeguards. I communicate with families to ensure the
wishes of the residents are followed as much as is practicable.
Data Protection Act 1998: protection and use of patient information
Part 1 of the document begins by discussing the Act’s
background and major provisions. It goes on to set out the eight principles for
data protection articulated by the Act, and the conditions it lays down on fair
and lawful processing of personal data. Parts 2 and 3 set out transitional
provisions on manual and automated records, and access rights to personal data.
Part 4 sets out the Act’s provisions on notification of processing,
particularly in relation to the principle of security. Part 5 lists information
resources to assist implementation being provided by the NHS Information
As a team leader I collect and deal with complex and
sensitive information of the residents. Although sharing information is vital
for early intervention and prevention, I always record and report my decisions,
providing evidence to substantiate why I have shared or not shared information,
and how I have shared” it securely.
Human Rights Act 1998
The Human Rights Act 1998 came into force in full on 2
October 2000, and makes the main Articles from the European Convention on Human
Rights enforceable under national law in the UK. This means that, although
individuals have always had the rights set out in the convention, you may now
rely on them directly in UK
The UK has been committed to the European Convention of Human
Rights since 1951 and therefore Convention principles have already been
reflected in legislation and government policies and have been informing best
practice in health and social care.
As a team leader I contribute to the formal review of plans
in accordance with statutory requirements and timetables. When preparing and
reviewing support plan ensure maximum levels of participation of residents
throughout the process, such as through accessible information and independent
advocacy. The Human Rights Act 1998 places a duty on public agencies to
intervene proportionately to protect the rights of children and adults and
enable them to live lives free from violence and abuse.
Carers and Disabled
Children Act 2000 and Carers (Equal Opportunities) Act 2004 combined policy
The 2004 Act develops previous legislation by
requiring local authorities to inform carers that they may be entitled to an
assessment of their needs. Local authorities may need to develop an information