4.1 Investigate the legal context underpinning equality, diversity and inclusion relating to adult care services

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

Unit 5: Person-centred practice for positive outcomes

LO4: Champion equality, diversity and inclusion to achieve positive outcomes

4.1 Investigate the legal context underpinning equality, diversity, and inclusion relating to adult care services

It is important for care workers and employees to maintain an awareness of the current equality, diversity, and discrimination laws. This includes understanding how these policies are applied in everyday life situations as well as knowing what resources exist if you ever need help with something related to them.

Legislation

Legislation (laws) relating to equality, diversity, and discrimination include:

• The Equality Act 2010: This Act sets out what you can’t do if someone is treated unfavorably because of a protected characteristic. This act replaced previous equal opportunity, disability discrimination, and sex discrimination laws to provide equality in the workplace. The act protects people within 6 different ‘protected characteristics’: Age Disability Gender reassignment Marriage or civil partnership Pregnancy or maternity Race Religion or belief Sex.
• The Human Rights Act 1998: This Act protects the human rights of everyone living in the UK. It provides a framework for organizations to use when thinking about equality and discrimination issues, including how they deal with the many forms of discrimination.
• Mental Capacity Act 2005: This Act clearly states that people should only be deprived of the opportunity to make their own decisions if it is in their best interest. Organizations must provide assessment, care, and support for people who lack mental capacity.
• Care Act 2014: This act requires local authorities to make arrangements to assess an individual’s needs for care and support. Each person must be given the opportunity to express their views, preferences, and aspirations about how they live their life. This act sets out rights to support people who need help with daily living, healthcare needs, etc. Carers receive specific protections under this act.
• Data Protection Act 2018 and General Data Protection Regulations: This act gives rights to individuals, including mandatory policies on data protection. It outlines how information must be processed and stored securely. This act provides strict rules to make sure the information you hold is used only in ways that are both fair and lawful.

Policy

Local authorities responsible for social care must publish their own policies, called ‘Adult Care Services’. These services are accessible to everyone in the local authority’s geographical area. The policy sets out what criteria you need to meet in order to get financial support to pay for your care needs. It also explains your rights and how you can make sure your voice is heard in the services provided for care needs.

The Care Quality Commission (CQC) is an organization that regulates and inspects health and social care services in England. This group holds the responsibility to make sure that everyone receives good care services by making sure providers are following laws, policies, standards, etc.

The quality commission ensures high standards for all types of homes across England by conducting regular inspections so you can rest assured knowing someone else has got it under control.

Codes

In addition to equality laws, organizations also have a legal obligation to follow codes of practice. These are written agreements that describe how a service should be run or a particular activity should be performed. They provide rules and guidance for all those involved in the delivery of care services – from managers down to care assistants – on their rights and responsibilities.

The Care Certificate is a set of standards that care homes must meet to get their registration with the CQC. The Care Certificate covers 4 main areas: 1) Health, safety, and welfare. 2) Managing people’s rights, dignity, independence, involvement in decisions, safeguarding. 3) Being well-led and having good management systems in place. 4) The quality and standards of the service.

The Fitness to Practise Procedure is a method used by organizations to investigate complaints made against individual professionals in healthcare services. This process starts with gathering evidence about an incident or allegation. If you make a complaint, the organization in charge will assess what happened and if they think it’s necessary, they may ask you to go through the Fitness to Practise Procedure.

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