2.3 Ensure those using adult care services and relevant others are aware of their statutory rights

Course: NVQ Level 5 Diploma In Leadership & Management for Adult Care

Unit 4: Relationships & Partnership Working

LO2: Lead effective relationships with those using adult care services and their families

2.3 Ensure those using adult care services and relevant others are aware of their statutory rights

All those using adult care services are entitled to certain statutory rights. These include the right to be respected and treated with dignity, the right to have a say in their care, the right to be involved in decisions that affect them, and the right to receive information about their care.

Carers and relevant others should be made aware of these rights and should ensure that they are implemented in practice. If you feel that your rights are not being respected or you’re not being given information about your care, you can complain and seek advice from an independent advocacy service.

The Care Act 2014

The Care Act 2014 (councils and NHS) provides that eventually, all service users in England and Wales will have the right to receive the same level of care, assistance, and support as those in independent households.

The Care Act 2014 gives individuals new rights to express their views, wishes, and choices during the assessment phase, planning of care, and review of services. It also gives service users new powers to hold providers to account for meeting their requirements under the Act.

The Care Act 2014 also gives residents of care homes or people living in nursing or specialist accommodation that is part of an NHS hospital the right to receive care and support at home if they would prefer that.

Furthermore, this act extends eligibility for these benefits not only in a physical sense but also on behalf of any other person living with you that might need assistance too. The individual has furthermore got rights over how he wants his own independence looked after through personal budgets or direct payments; meaning when there is no family member around they can still provide themselves some relief from time-to service providers if needed!

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (councils and NHS) sets out the requirement for some care providers to be registered with an appropriate regulator which is a governing body that keeps records of poor care. This ensures that all adults receive quality care services and are kept safe from being wrongfully treated or neglected.

If service providers are not registered, the Care Quality Commission (CQC) can issue a warning notice or ultimately strike off that provider.

For most registrations, the CQC is the only regulator that councils must work with when carrying out their safeguarding responsibilities. However, some social care providers are regulated by the CQC’s Adults Social Care team, the CQC’s Health and Safeguarding Unit, or another regulator.

The Equality Act 2010

The Equality Act 2010 applies to care services, meaning that people who receive them should have the same rights as everyone else. This means that they should be treated the same, regardless of their location or Economic Status.

The Equality Act 2010 is a piece of legislation that was designed to protect all individuals from discrimination. The list includes many different groups, such as gender and sexuality; it also covers disabilities like aids or cancer sufferers (inability). This act makes sure no one gets pushed around because their circumstances fall into one of these categories- they must be treated equally under the law.

Mental Capacity Act 2005

The Mental Capacity Act 2005 provides a framework for decision-making when an adult is unable to make decisions. In order to be able to do this, the person must have mental capacity.

In order for a provider or carer to lawfully act on your behalf, they need your permission, known as lasting power of attorney. The Mental Capacity Act allows individuals the choice to have the final say over who makes decisions on their behalf and exactly what those decisions will be. This means you can decide whether or not a person will receive certain treatments, for example.

If you find yourself in a position where you feel your rights as an individual are being taken away from you, there exist independent advocacy services which offer help and assistance to care users in their day-to-day lives. The Care and Support Alliance and My Life My Choice offer a range of services, to help with financial advice and support, housing advice and support, health advice and support, employment advice and support, social inclusion advice and support.

Mental Health Act 1983

The Mental Health Act 1983 sets out rules and guidance on how people should be treated who may be suffering from a mental disorder.

An important part of this act is the fact that you can refuse treatment at certain points. This means that if you don’t want someone to treat you under certain circumstances, they cannot do so legally until they have your consent.

A new section also makes it clear that where people lack the mental capacity to make decisions about their care, they must be given information in a way that is accessible to them and their needs assessed by someone who knows what living with that condition is like. This means you can still have to say over your life, even if you’re unable to make a decision for yourself.

Liberty Protection Safeguards (LPS)/Deprivation of Liberty Safeguards (DoLS)

Described as a ‘safeguard for vulnerable people’ under the Mental Capacity Act 2005, the LPS provides a legal framework for local authorities to provide care and support to adults who may lack capacity.

The Liberty Protection Safeguards/Deprivation of Liberty Safeguards (LPS/DoLS) are used to ensure that people do not unlawfully deprive others of their Liberty. The safeguards are designed to protect the rights of people who lack the capacity to make certain decisions about their care and support.

One of the safeguards is that people with capacity should be offered support before they are deprived of their Liberty. If you are experiencing problems in your care home or with a carer, you can seek advice from an independent advocacy service to discover whether the LPS/DoLS have been breached.

Power of Attorney

Power of Attorney is a legal document giving someone you choose the right to make important decisions for you if you cannot make them yourself. Going through the proper legal channels, ensures your rights are protected as an individual.

Like the Mental Capacity Act 2005, all powers of attorney must be registered with The Office of the Public Guardian (OPG).

If there is no power of attorney in place, the Court of Protection will appoint someone to make decisions for you if it thinks you are not able. This can be a very costly and slow process, but lasting powers of attorney help to avoid this happening without your permission. This means that whatever decision or action they decide on is signed off by you first.

If you wish to make a lasting power of attorney, this must be done through the Court of Protection. The events covered by your lasting power of attorney are typically anything relating to future affairs, property, and financial decisions on your behalf. It does not include health care matters. This means that even if the person you have given powers of attorney to decided that they want you to be treated under mental health legislation, this cannot be done without your consent.

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