To Consider the Influence of Legislation in Relation to Social Care, the Case of Mary Who Has Been Diagnosed with Dementia Will Be Used to Explain How Legislation Is Used. Within Social Work, Law Is Very Important as It

Staff working in partnership with a service user’s family will become more aware of families' individual needs, and know more about an elderly person's home context, thus enabling them to be aware of how the care home is different or similar to their own home and understand the elderly person’s behaviour with this in mind.

The Mental Capacity Act (MCA) 2005 states that “an act done, or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests’. The Deprivation of liberty safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals, where the care is imputable to the state, who lack capacity or have a mental dysfunction to make decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99 (2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR, lawful detention needed to meet Article 5 (1) that requires a ‘procedure prescribed by law’ and Article 5 (4) which requires a means to apply to a court to see if deprivation of liberty was unlawful (dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall within the scope of the act.

Deprivation of liberty safeguards (DOLS) can be defined as removing the freedom of an individual over eighteen years old without capacity under the supervision of healthcare professionals (Rlordon & Alzheimer’s society 2010). DOLS code of practice was implemented since 2009 and is supported by the mental capacity act 2005 and the act ensures legal compliance with the human rights act (Conroy et al 2011). DOLS is effective in intensive, palliative and domestic setting care in assessing the depravity of liberty in an individual’s environment (HM Government 2015). For example, a Burns ITU patient is sedated and ventilated to controlled pain and breathing, therefore deprived of the liberty of independence and consciousness. For an individual to

1.1 EXPLAIN THE IMPACT OF KEY LEGISLATION THAT RELATES TO FULFILMENT OF RIGHTS AND CHOICES AND THE MINIMISING OF RISK OF HARM FOR AN INDIVIDUAL WITH DEMENTIA.

Are all laws put into place to help protect an individual from abuse whilst ensuring they can still for fill their right and maintain a sense of individuality. If the person is in care the organisation will have policy’s and procedures in place to risk asses and ensure the protection of the carers, organisation and the individual from danger, harm and abuse.

This act links to an individual who has dementia as if their personal information at the doctors or in an elderly care home then these organisations need to ensure that these eight principles are followed.

| Describe ways in which care workers can empower Individuals (P3)Explain why it is important to take individual circumstances into account when planning care that will empower an individual, using relevant example from health and social care (P4)Discuss the extent to which individual circumstances can be taken into account when planning care that will empower them, using relevant examples from health and social care (M2)Assess the potential difficulties in taking individual circumstances into account when planning care that will empower an individual, making suggestions for improvement (D2)

Bii Explain how finding out about an individual’s history, preferences, wishes and needs is an important part of creating a good care or support plan. (HSC 036 2.1)

2.1 Explain the key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm and the impact on an individual with dementia.

With the intention of integrated care, ‘The Better Care Fund’ (DOH, 2014b) united health and social care budgets yet, left ‘unringfenced’, health services have been prioritised at the expense of Adult Social Care. Consequently, substantial funding gaps has forced financial constraints across the board within the Social Care Sector (The King’s Fund, 2015). In turn, this protocol creates a reverse economic effect as, denied of essential support, those most in need potentially require additional support to counteract the impact of increased risk and harm, and deteriorating wellbeing. This essay discusses how the duties and powers of Care Act 2014 keep people with care and support needs safer and better protected from harm and abuse by others, as well as addresses the factors which

1.2There are other risk factors that may lead to incidence of abuse or harm to self and others. Lack of appropriate training and supervision can put not only the client at risk for physical injury but the carer as well. As for Mrs. M, she needs careful moving and handling method and appropriate equipment to avoid non-accidental use of force in turning her. Moreover, lack of staffs and poor working conditions can put the carer and client at risk for abuse as well. Mrs. M being attended by only one carer is not a good practice and must not accepted in the home and tolerated by the service user. This is always the norm in most care home who do not have enough resources especially staff due to lack of funds of qualified staff . Assessing and reviewing the risk involved in moving and handling the service user it is recommended that the service user will need two staffs to assist her in feeding and moving, otherwise she will be left hurting and bruised from rough handling and risk of fall.

When approaching the identification, assessment and management of risk, a knowledge of key legal principles and legislation will help practitioners to make informed decisions that promote both the involvement and interests of adults with a disability and older people, and their families. It will also support and promote best practice for professional staff involved in supporting positive risk management. An understanding of the following legislation and legal principles is important. However, where there is doubt about legal issues,

First, let’s address the income issue. The analysis should begin with whether Mary is residing in a nursing home within an income cap state. If she is not in an income cap state, then her income amount will not be a factor in her eligibility. If however, her state of residency has an income cap, we will need to evaluate her income and see whether it the income exceeds the limit.

One way in which the professionals working at Homelea’s care home could benefit from taking a holistic approach to planning a support plan for Annie is that they would be able to recognize what they need to do and whom they need to join or speak with in their multi-disciplinary team. Once the multi-disciplinary team is formed, they will be able to discuss what they think would be best for Annie and finding all the resources in which will effectively contribute to meeting her needs. To add to this, when working in a multi-disciplinary team, professionals would be open to many suggestions in which they wouldn’t have initially thought of themselves, working together as a team full of professionals from different organizations or services will

Social isolation is another factor that contributes to Amy’s depression. Amy likes to keep things to herself, compounded by the fact that her daughters only visit her once a month in the retirement home. To address this, the nurse can involve the family, such as Amy’s daughter through counselling, informing them of the benefit of more frequent visitation to improve Amy’s condition. Likewise, encouraging Amy to participate in group activity, such as meals, when she is back in the retirement village is also beneficial. Further, the nurse could direct Amy to organisations where she can find support services. However, the nurse should be aware of the ethical implications when carrying out these nursing interventions.