This guide will you help you answer The Care Certificate Standard 9.5b Explain how the legislation and policies listed may affect the day to day experiences of individuals with mental health needs, dementia or learning disabilities and their families.
Legislation and policies shape the support provided to individuals with mental health needs, dementia, and learning disabilities. They influence the quality of care, rights, and overall daily experiences for these individuals and their families. This guide will explain how specific UK legislation and policies impact everyday life for those with these conditions.
Mental Health Act 1983 (amended 2007)
The Mental Health Act is fundamental for individuals with mental health needs:
- Detention and Treatment: This act allows for the compulsory detention and treatment of individuals with severe mental health issues. It affects day-to-day experiences through structured environments aimed at recovery.
- Safeguards and Rights: The legislation ensures patients’ rights are protected, including the right to appeal detention. It impacts daily life by promoting a safer and more controlled environment.
- Community Treatment Orders: These orders allow individuals to live in the community while receiving mandatory treatment, providing a balanced setting between community living and professional care.
Equality Act 2010
The Equality Act aims to protect individuals from discrimination:
- Anti-Discrimination: It ensures that individuals with mental health needs, dementia, or learning disabilities are not discriminated against in various aspects like employment, education, and services.
- Reasonable Adjustments: The act mandates that reasonable adjustments are made to accommodate individuals’ needs, such as accessible facilities or altered work conditions.
Care Act 2014
The Care Act is important for care delivery:
- Assessments and Eligibility: Local authorities are required to assess the care needs of individuals and decide eligibility for support. This ensures that individuals receive appropriate care and resources.
- Personalised Care Plans: The act promotes personalised care plans, tailoring support to meet individual needs. It impacts daily living by providing a structured and person-centred approach.
- Safeguarding: It introduces safeguarding duties to protect adults at risk, ensuring a safe environment in care settings.
Mental Capacity Act 2005
The Mental Capacity Act deals with decision-making:
- Decision Making: It provides a framework for making decisions on behalf of individuals who lack capacity. Day-to-day decisions, from medical treatment to personal affairs, are managed in the best interests of the individual.
- Protection: The act offers protection to individuals while empowering them to participate in decisions as much as possible.
Deprivation of Liberty Safeguards (DoLS)
DoLS affect those who may be deprived of their liberty:
- Safeguarding Individual Freedom: The safeguards ensure any deprivation of liberty, typically in care homes or hospitals, is in the person’s best interests and done with proper authorisation and oversight.
- Impact on Daily Life: These safeguards ensure that individuals’ freedoms are protected, balancing safety and autonomy in daily life.
Children and Families Act 2014
This act impacts younger individuals with learning disabilities:
- Education, Health, and Care Plans (EHCPs): These plans integrate support for children with special educational needs and disabilities, ensuring a cohesive approach to their development.
- Parental Support: Families receive comprehensive support, impacting daily life by providing consistency in education and health support.
Human Rights Act 1998
The Human Rights Act provides foundational protections:
- Basic Rights: It guarantees fundamental rights like the right to life, respect for private and family life, and protection from degrading treatment.
- Daily Impact: For those with mental health needs, dementia, or learning disabilities, it means fair treatment, respect, and dignity in everyday interactions.
Autism Act 2009
Specific to autism spectrum conditions:
- National Strategy: The act mandates the development and implementation of strategies tailored to improve services and support for individuals with autism.
- Impact on Services: Ensuring that individuals with autism receive practical support and are included in planning services impacts daily experiences by improving access to necessary resources.
Employment Rights Act 1996
This act concerns the employment of individuals with disabilities:
- Employment Protections: Provides rights and protections regarding employment, outlining processes for fair treatment and reasonable adjustments.
- Workplace Impact: Supports inclusion in the workplace, impacting daily life by promoting employment opportunities and equal treatment.
Health and Social Care Act 2012
The foundation for health service provision:
- Health Services: Reforms health service delivery, prioritising patient-centred care. Individuals receive timely and appropriate health services.
- Integration of Services: Promotes integration between health and social care services, improving coordination and reducing disparities.
Impact on Families
It’s essential to consider how these policies impact the families of individuals with mental health needs, dementia, or learning disabilities:
- Support Services: Legislation often includes provisions for family support, ensuring families are adequately supported in their caregiving roles.
- Involvement in Care Decisions: Policies promote involving family members in care decisions, ensuring that care plans consider the full picture.
- Relief and Stress Reduction: Comprehensive support and clear frameworks help reduce stress and provide relief to family members.
Example answers for 9.5b Explain how the legislation and policies listed may affect the day to day experiences of individuals with mental health needs, dementia or learning disabilities and their families
Example Answers for Care Workers Completing The Care Certificate Standard 9 5b
Example 1: Mental Health Act 1983 (amended 2007)
Understanding the Mental Health Act’s impact, I see how it shapes daily care for individuals with severe mental health conditions. For instance, a resident named Jane, who deals with schizophrenia, was detained under this act. This means her treatment was more structured and consistent. She could access therapies and medication that she might not have received otherwise. Additionally, the safeguards in the act ensured Jane’s rights were protected. She got an advocate to help appeal her detention and voice her concerns, which positively impacted her daily environment by making her feel heard and respected.
Example 2: The Equality Act 2010
The Equality Act plays a really important role in ensuring all residents are treated fairly. For example, Tom, who has a learning disability, wanted to attend an art class but faced obstacles because the facility was not accessible. Due to the Equality Act, the centre made reasonable adjustments by installing a ramp and providing a support worker during classes. This significantly improved Tom’s day-to-day experience and boosted his confidence and engagement in social activities. It also reassured his family that Tom was receiving equitable treatment and opportunities.
Example 3: Care Act 2014
The Care Act ensures that individuals receive tailored support through personalised care plans. Mary, a resident with dementia, underwent an assessment under this act. As a result, her care plan included specific activities she loved, like gardening and music, which are now part of her daily routine. The act also put in place safeguarding measures. This provided Mary a safe environment, assuring her family that she is well-protected and engaged in meaningful activities each day.
Example 4: Mental Capacity Act 2005
The Mental Capacity Act is essential for residents like Jeff, who has early-onset dementia. One day, Jeff was unable to make a decision about his medical treatment. Using the principles of the act, we assessed his capacity and concluded he could not make the decision at that moment. A best interest meeting was arranged with Jeff’s family and medical team, ensuring Jeff’s preferences and needs were central to the decision. This ensured Jeff’s daily experiences continued to align with his prior wishes, maintaining his dignity and autonomy.
Example 5: Children and Families Act 2014
Under the Children and Families Act, a young resident named Emily with autism received an Education, Health, and Care Plan (EHCP). This plan coordinated her educational and health support needs, making a huge difference in her day-to-day life. It provided structured activities and routine, which Emily thrives on. Her family was also involved in reviewing and updating the EHCP, ensuring they felt supported and part of her care journey. This consistent approach massively benefited Emily’s development and well-being.
Example 6: Human Rights Act 1998
In my role, the Human Rights Act means ensuring all residents’ fundamental rights are respected. For example, Alan, who has severe depression, expressed a need for privacy during his low periods. By upholding his right to privacy, we provided him with a quiet space in the facility where he could retreat when needed. This right ensured Alan’s dignity was maintained and showed his family that his emotional needs were being appropriately respected and met. This made Alan feel safer and more understood on a daily basis.
Conclusion
Understanding how these legislations and policies affect the daily lives of individuals with mental health needs, dementia, or learning disabilities and their families is important. They not only provide a framework for support and care but also ensure rights and protections are in place. This allows for a more dignified and balanced life, making sure that individuals and their families receive the support they need to thrive.
