Standards of Care, Safety and Protection FDHS/FDLD 1203

Learning objectives To discuss appropriate care. To identify the legal framework in which appropriate can is judged. To discuss safeguarding of vulnerable adults. To describe the Data Protection Act 1998 and the Freedom of Information Act 2000. To identify issues of whistleblowing.

What level of care do you expect? Task What level of care do you expect? Does this happen? How is it judged? Small group poster exercise – on poster sheets in small groups identify what standard of care do we expect and why?

Which Law regulates standards of care within the UK? The Health and Social Care Act 2008 Began as the Health and Social Care Bill 2007 Which proposed that: The three existing health and social care regulators in England were merged into one single regulator Ask the group to identify which piece of current law judges the standards of care that people receive? Regulators: Healthcare commission The Mental Health Act Commission The Commission for Social Care Inspection

The Health and Social Care Act 2008 Received Royal Assent on 22nd July, 2008. Replaced the care standards act 2000 There are 28 outcomes set out by the Care Quality Commission; The regulations that set out the outcomes are grouped in six key areas: Involvement and information Personalised care, treatment and support Safeguarding and safety Suitability of staffing Quality and management Suitability of management. they are designed to help providers to comply with the Health and Social Care Act 2008. The regulations describe what service users should expect to receive from service providers in terms of quality and safety of the provision.

What is the impact on service provision? Tough judgement framework covering all health and social care providers Modernising and joining all social care providers Created the Care Quality Commission to regulate and inspect health and social care services replacing all other health and social care regulators. Strengthening professional regulation – more robust system of regulation and inspection Registering all health and social care providers replacing all other health and social care regulators from previous pieces of law. – (but they are still the same staff – WM health service ran now head of CGC but the west Midlands Health authority is now being investigated for suspicious deaths in hospitals. from previous pieces of law. – (but they are still the same staff – WM health service ran now head of CGC but the west Midlands Health authority is now being investigated for suspicious deaths in hospitals.

The Care Quality Commission The CQC Judgement Framework “The Care Quality Commission is the independent regulator of health care and adult social care services in England. We also protect the interests of people whose rights are restricted under the Mental Health Act. Whether services are provided by the NHS, local authorities or by private or voluntary organisations, we make sure that people get better care. This is because we: • Focus on quality and act swiftly to eliminate poor quality care, and • Make sure care is centered on people’s needs and protects their rights” The CQC Judgement Framework (2012, p1.)

Protection of Vulnerable Adults A vulnerable adult is: a person "who is or may be in need of community care services by reason of mental or other disability, age or illness, and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation", (No Secrets – 2000, Section 2.3.).* Know about the protection of children, what do we know about the protection of adults?

Key terms Abuse is: A violation of an individual’s human and civil rights by any other person or persons. (No Secrets, 2000, Section 2.5.) Abuse can consist of a single act or repeated acts. It may be physical, verbal, or psychological. It may be an act of neglect or an omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent. Abuse can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it. (No Secrets, 2000 - Section 2.6.)

Law and guidance to safeguard adults The Mental Capacity Act 2005 No Secrets – DOH, 2000 The Human Rights Act 1998 The Safeguarding Vulnerable Groups Act 2006 No Secrets – explain The Safeguarding vulnerable groups act - Consolidates children and adult checking into one check so that people who have been barred from working with one group are barred from working with both groups. Identifies the groups of vulnerable people e.g including asylum seekers, ex prisoners etc The purpose of the Safeguarding Vulnerable Groups Act 2006 is to restrict contact between children and vulnerable adults and those who might do them harm. The barring aspects of the Act came into force in October 2009. The Government is currently reviewing the implementation timetable for other parts of the Act, such as the provisions requiring employees to become ‘ISA-registered’. The key principles of the Act are: Unsuitable persons should be barred from working with children or vulnerable adults. Employers should have a straight forward means of checking that a person is not barred from working with children or vulnerable adults. Suitability checks should not be one-offs: they should be an element of ongoing assessment of suitability to catch those who commit wrongs following a suitability check

The Data Protection Act 1998 Covers personal information (or personal data) held about people. Provides a way for people to control information about themselves. Applies to both manual and electronic records held by the data controller who processes information. There are exemptions Words in italics are key terms Data controlled is the body that manages the purposes for which information is processed. Exempt information – national security, crime, payment of taxes, etc

Data protection principles Processed fairly and lawfully. Obtained for specified and lawful purposes. Adequate, relevant and not excessive. Accurate and up to date. Not kept any longer than necessary. Processed in accordance with the “data subject’s” (the individual’s) rights. Securely kept. Not transferred to any other country without adequate protection What kind of information that you are privy to are covered by the act?

Freedom of Information Act 2000 Works alongside the DPA Provides access to public information held by public bodies public authorities are obliged to publish certain information about their activities; and members of the public are entitled to request information from public authorities It makes public bodies using public money to operate accountable for their actions. Public authorities include government departments, local authorities, the NHS, state schools and police forces. However, the Act does not necessarily cover every organisation that receives public money. For example, it does not cover some charities that receive grants and certain private sector organisations that perform public functions. Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002.  You have two main obligations under the Act. You must: publish certain information proactively. See What information do we need to publish? for more details; and respond to requests for information. See What should we do when we receive a request? for more on this.

Whistleblowing “If you believe there is malpractice or wrongdoing happening in a workplace then you can ‘blow the whistle’ on the behaviour and you could be protected from losing your job and/or being victimised by your employer” Directgov, No Date) The official name for whistleblowing is ‘making a disclosure in the public interest’, If you decide to blow the whistle on an organisation you are protected and your employer cannot victimise you (eg by not offering you a promotion or other opportunities your employer would have otherwise offered). Whistleblowers are protected for public interest, to encourage people to speak out if they find malpractice in an organisation or workplace

Protection are a 'worker' believe that malpractice in the workplace is happening, has happened in the past or will happen in the future are revealing information of the right type (a 'qualifying disclosure') reveal it to the right person, and in the right way (making it a 'protected disclosure') Qualifying disclosures To be protected as a whistleblower you need to make a ‘qualifying disclosure’ about malpractice. This could be a disclosure about: criminal offences failure to comply with a legal obligation miscarriages of justice threats to an individual’s health and safety damage to the environment a deliberate attempt to cover up any of the above

Protected disclosures make the disclosure in good faith (which means with honest intent and without malice) reasonably believe that the information is substantially true reasonably believe you are making the disclosure to the right 'prescribed person' Direct Gov, No Date If you are an employee protected from whistleblowing and you are dismissed for complaining about malpractice at work, you can make a claim for unfair dismissal, even if you don’t have one year’s service. If you have been victimised or suffered detrimental treatment (eg you have been demoted or denied promotion), because of blowing the whistle you may be able to take your case to an Employment Tribunal. Your claim would be for 'detrimental treatment'

Whistle blowing case studies Case Studies for discussion