The NHS Community Care Act 1990, this legislation states that any one aged eighteen years or over is entitled to help or require a service from a local authority. Everyone has the right to have their needs assessed and the care that is being provided, should be tailored to meet an individual’s needs to enable them to live in their own homes. We know that Mary is an elderly lady who is very independent, however there has been a change in Mary’s circumstances and under this piece of legislation Mary is entitled to have her needs met whether it be through referral or a change in circumstance. Those involved in this assessment will be social work who will take the lead on the case, Mary and her family, doctors or nurses and carers. Under the Social Work (Scotland) Act 1968 it states that social work have a duty to provide or arrange for a person to have their needs assessed, social workers can also offer direct payments to a wide range of individuals this is in place so individuals can purchase their own care. Another piece of legislation that would be beneficial to Mary is the Community Care Act and Health (Scotland) act 2002, which saw the introduction of free personal care to the elderly no matter on their income or if they stay in their own home or in residential care. This legislation also created rights for informal and unpaid carers, by providing support service to ensure the continuation of care in the community. As Mary is becoming confused lately, under the legislation Adults with Incapacity (Scotland) Act 2000 it recognises that some adults are more vulnerable due to dementia and other communication problems. The act uses a court to grant interventions concerning their affairs, welfare and decision making. Therefore Mary could be grant a family member to be a power of attorney they could deal with Mary’s money and make decisions about the welfare of Mary. (shiner, 2011)
Judith Jones
Under the Equality Act 2010 it is unlawful to discriminate against someone, this act has nine protected characteristics which are age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation. This legislation was brought in to ensure every individual was treated fairly and equally, also prevents discrimination within the work place and helps people to assert their rights. Judith has been directly discriminated against by Mary making racist comments and refusing any assistance from Judith. Judith is being treated unfairly and less favourably than the other staff due to her race, as Mary is abusive and unpleasant towards Judith. Also her employer is not complying with this legislation as they are not going to investigate this incident, the care home where she works is in breach of the Regulation of Care as there is a set of standards to follow. This act also ensures the welfare of both staff and service user, due to the inspection of services and the regulation of services provided. The SSSC was set up for the registration of all care workers, they also set up the codes of practice which is to ensure the highest care is being delivered. This legislation set up the care inspectorate which can inspect a service provider at any time, also deals with complaints and they also promote the National Care Standards. (bingham, 2009)
Sandra Green
Under the Mental Health (care and treatment) Scotland Act 2003, this act is for individuals who have a mental illness, learning disability or any other related condition. When individuals become unwell some know they need help or assistance, but in some cases people refuse help or agree to treatment. This act sets out how and when someone gets treated, when someone can be admitted hospital against their will, or treated in hospital. Also lets individuals know their rights and that there is safeguards in place to protect their rights, this act has a set of principles which are taking into account when making decisions. These principles ensures that the person is not discriminated against, equality is promoted and respect and diversity. Within this act there is a compulsory treatment order which allows a person to be treated for their mental illness, however there is a set number of conditions to comply with and these can depend if the individual is in the hospital or out in the community. Also states any person who is involved in the treatment and care of someone who is using mental health services, that person receiving care must provide carers with the relevant information. However the care will not receive and information, that the service user does not want them to know or share. Under the NHS Community Care Scotland Act 1990 states anyone who needs care even those with mental health problems has the right to have their needs assessed by local authority. In Sandra’s case she has been assessed and is now ready to be discharged from hospital, however the local authority have to find Sandra suitable accommodation so she has somewhere to live. (Anon., 2015)
The service user: Mary
Mary has the right to be treated fairly and equally in her own home, also to feel safe in her own home. Mary also has the right to choose who cares for her but has a duty of not abusing the carers verbally, to have a care plan in place stating her needs and how these can be met. In addition Mary has a right of choice (what to eat or wear), privacy within her home. Mary has the responsibility to follow the care plan that is in place and to treat others with respect and dignity. She also has the right to continue living in her home, it is also Mary’s responsibility to report any concerns about the care she is receiving. Mary also has the right to a care plan review at any given time, if she feels the care plan is not meeting her needs due to changes. The right to complain without fear of repercussions, to make the most of her life has the right to free personal care.
In/formal carers
Both informal and formal carers have the right to be treated fairly and with respect, while at work. They have a responsibility to report any changes in circumstances or if a person needs have changed. To treat service users with respect and dignity, have to follow the National Care Standards and the SSSC. Not to disclose any personal information to anyone about the service user unless they are at risk from harm and abuse, to attend training to gain more information and knowledge to keep up to date with all changes.
The care worker: Judith Jones
Judith has the right to treated fairly and equally in her workplace, by her work colleagues, her boss or superiors and by the service users who attend the day centre. Judith also has the right to report any incidents that occur at work, and expect her employers to investigate the incident and take appropriate action. If her employers fail to look into the report made, then Judith has the right to take the claim higher to the Equalities Commission or the Care Inspectorate.
Judith’s employer
They have a duty to follow the Equality Act 2010 which protects Judith from discrimination in the work place, as her employer will have policies and guidelines that they need to follow which will be set out in this piece of legislation. Every staff member and service user should be aware of the policies that are in place regarding discrimination, manger had a duty to speak with Mary about this and find out why it happened and explain that this kind of behaviour is unacceptable. The report should be on file and reported to social work or someone in a higher position.
Service user: Sandra Green
Sandra has the right to an advocate to act on her behalf, also to have her needs assessed and the right to a care plan and the appropriate support she requires. The right to support to be able to gain employment and to find appropriate accommodation, she also has the right to a community psychiatric nurse and to have an advanced statement on how she wants treated. Sandra also has the right to be treated as an individual with respect and dignity, she also has a right to choice, safety and privacy. Sandra has a responsibility to participate in any assessment required, to follow the care plan that is in place. To take any prescribed medication from the doctor and to have regular meetings with the nurse.
In/formal carers
Those who are involved in Sandra’s care have the duty to support her while she is moving out of the care home, to find her suitable accommodation by assessing her needs. To appoint an advocate or guardian if Sandra is unable to manage her finances, they have the right to be treated fairly. To make sure Sandra has all the information so she can make informed choices.