Rights and responsibilities of providers and individuals A right is something that a person is entitled to. A responsibility is something a person has a duty or expectation to do.

There are many legal acts designed to protect the rights of individuals You need to know the key principles of the legislation.

The Disability Discrimination Act 1995 It is illegal to treat a disabled person less favourably than someone else because of their disability, Or not to make a reasonable adjustment for that person.[all employers must consider this] This applies to access to goods, facilities and services, employment, education, transport and buying and renting property. The act aims to provide disabled people with relevant information and to help them achieve fairer treatment .

The Race Relations Act 1976 Makes it unlawful for a person to be discriminated against because of colour, ethnic origin, nationality and race. It promotes race equality and equal opportunity. It includes direct and indirect discrimination and victimisation. People are protected from discrimination in employment, services, housing and education.

The Mental Health Act 1983 The mental health act affects only these service users who are compulsorily detained in hospital. People with mental disorders can be detained in hospital and be assessed and treated against their wishes. This is known as ‘sectioning’. Throughout the sectioning process they should be informed of all decisions made about their care. They have a right to appeal against the decisions made.

The Sex Discrimination Act 1975 It is unlawful to discriminate against a person because of their gender or marital status. It applies to both men and women of any age, including children. This act promotes equality between the sexes in employment, education, provision of services and age of retirement. [There are some legal exceptions] The act prevents direct and indirect discrimination and victimisation. All workplaces should have an equal opportunities policy which staff must follow.

The Human Rights Act 1998 The Human Rights Act is important in relation to care environments. This is because it entitles people in the UK to seek redress if their human rights are infringed upon by a ‘public authority,’ (that is any organisation that has a public function or operates in a public sphere) e.g. hospitals, care homes etc. It protects citizens’ basic human rights. It describes basic rights and freedoms to which all humans are entitled e.g. Right to life, liberty, freedom of thought and expression and equality before the law. It outlines the freedoms citizens should have.

The NHS and Community Care Act 1990 The purpose of this act was that the people who had previously lived in state run institutions due to chronic illness needing long term care, would now be able to live in their own home with support services or in a residential home style setting.

The local authority is expected to assess the care needs of any person with a disability, impairment, illness or mental health problem. Then to decide on which care needs to be provided for. Then to provide a ‘package of care’ that meets the individual’s needs. This made Local Authorities ‘enablers’ rather than providers of care.

The Children Act 1989 This act states that the welfare of the child is paramount (most important above all other factors.) Children’s feelings and wishes should be considered and they should be consulted about their care. They should have equal rights and encouraged to make their own decisions. Children should be informed of everything that will happen to them (in care settings.) Wherever possible children should remain with their own families and parents should be offered help and support. The act sets up local authority services for children. The services should work together effectively, keeping the child safe and protected.

The Work and Families Act 2006 This act aims to help working parents and carers of family members by giving them rights to time away from work or flexible working patterns. It includes: Right to maternity leave (52weeks) Right to maternity pay (39 weeks) Right to adoption leave and pay (as above.)

Right to paternity leave and pay (2 weeks paid statutory before, now extended to additional paternity leave to a maximum of 26 weeks, not paid.) Right to flexible working (some employees can request a flexible working pattern). One written request a year. [But the employer can refuse if it would have a bad effect on the business]. Right to time off for emergencies (‘reasonable’ time allowed to deal with emergencies involving a dependant.) [But the employer doesn’t have to pay wages].

The Data Protection Act 1994/1998 This was first designed to provide security for personal information stored electronically. The act was modified in 1998 to include all data stored by an organisation. Personal data includes anything that can be used to identify a person. Organisations have to register with the Information Commissioner’s Office and to comply with the principles and rules for the processing of personal data. E.g. Personal data must be obtained only for specified and lawful purposes. Personal data must be accurate and up to date.

Individual Rights People who have information held on them are entitled to; View the data for a small fee (subject access.) Request that incorrect information is corrected. Request not to receive direct marketing.

The Access to Personal Files Act 1987 Was repealed in 2000, replaced by the Data Protection Act 1998.

The Access to Health Care Records Act 1990 This act used to govern all aspects of accessing health records. But it was mostly overwritten by the Data Protection Act 1994/8. The acts are basically the same in terms of the public’s requirements for making a request. But the 1990 act only applies to information about individuals who are deceased.

The Health and Safety At Work Act 1974 This act encourages high standards of health and safety in the workplace, including all care settings. It aims to keep not only the people who work there safe but also anyone else using the workplace safe as well. E.g. Patients, service users and visitors. Employers have legal duties in the workplace to: Give relevant training to employees. Write and keep to a health and safety policy. Carry out risk assessments in the workplace and in all work activities. Maintain the safety of equipment.

Employees have legal duties to: Use safety equipment appropriately. Comply with a health and safety policy. Be aware of their own health and safety and that of others e.g. Patients. Report potential hazards.