3.1 The legislative framework that applies to individuals who present with behaviour that challenges regarding: rights, safeguarding, deprivation of liberty

This guide will help you with answers for NCFE CACHE Level 2 Certificate in Understanding Behaviour that Challenges 3.1 The legislative framework that applies to individuals who present with behaviour that challenges regarding: rights, safeguarding, deprivation of liberty.

As a support worker, it’s important to have a thorough understanding of the legislative framework in the UK that applies to individuals who present with challenging behaviour. This knowledge helps you protect their rights, ensure their safeguarding, and navigate issues of deprivation of liberty. Additionally, understanding the legislative framework helps in effectively managing challenging behaviour and providing the necessary support and interventions. By being aware of the legal considerations, support workers can make informed decisions and act in the best interest of their clients. It also enables them to work within the boundaries of the law while addressing the individual needs and rights of the person exhibiting challenging behaviour.

Rights

Human Rights Act 1998

The Human Rights Act 1998 is the cornerstone of human rights law in the UK. It incorporates the rights set out in the European Convention on Human Rights into domestic British law. Individuals who present with challenging behaviour are entitled to the same human rights as everyone else. Key rights to be aware of include:

• Right to life (Article 2): Ensure that all measures are taken to protect individuals from harm.
• Right to respect for private and family life (Article 8): Maintain dignity and privacy in all support activities.
• Right to freedom from discrimination (Article 14): Treat everyone equally, regardless of their behaviour or condition.

Equality Act 2010

The Equality Act 2010 legally protects people from discrimination in the workplace and wider society. It requires reasonable adjustments be made for individuals with disabilities, including those whose challenging behaviour is linked to a condition such as autism or severe learning disabilities.

• Reasonable Adjustments: Make changes to policies, practices, and physical environments to accommodate the individual’s needs.
• Protected Characteristics: Recognise that conditions linked to challenging behaviour are protected under the Act.

Safeguarding

Care Act 2014

The Care Act 2014 places a duty on local authorities to promote the wellbeing of individuals and protect them from abuse and neglect. Challenging behaviour should be seen in the context of safeguarding for several reasons:

• Promotion of Wellbeing (Section 1): Consider physical and mental health, protection from abuse, and involvement in the community.
• Safeguarding Duties (Section 42): Report and act on any concerns of abuse or neglect, ensuring appropriate steps are taken to protect the individual.

Children and Families Act 2014

For children and young people, the Children and Families Act 2014 provides a legislative framework for safeguarding. This Act emphasises the importance of safeguarding children with special educational needs or disabilities, ensuring they receive the appropriate support in educational settings and beyond.

Deprivation of Liberty

Mental Capacity Act 2005 and Deprivation of Liberty Safeguards (DoLS)

The Mental Capacity Act 2005 safeguards individuals who lack the mental capacity to make decisions for themselves. It ensures any decisions made on their behalf are in their best interests and minimises restrictions on their freedom.

• Principles: The Act is built on five guiding principles including presuming capacity and helping individuals make their own decisions where possible.
• Best Interests: Any action or decision must be made with the individual’s best interests in mind.
• Least Restrictive Option: Any intervention should be the least restrictive of the person’s rights and freedoms.

Deprivation of Liberty Safeguards (DoLS)

DoLS is an importantpart of the Mental Capacity Act. It ensures that any deprivation of liberty is in the person’s best interests, necessary, and proportionate. DoLS applies mostly in care homes and hospitals but not in domiciliary (home) care settings.

• Assessment: An individual must be assessed by qualified professionals to determine if DoLS applies.
• Authorisation: There must be formal authorisation to deprive someone of their liberty. This covers specific criteria and time frames.
• Review: Reviews ensure that deprivation of liberty is only for as long as necessary and remain appropriate.

Implementing the Legislative Framework

Practical Steps

Understanding the legislative framework is important, but so is implementing it in day-to-day work. Here are practical steps:

• Training: Undertake regular training on rights, safeguarding, and DoLS.
• Policies: Ensure your workplace has up-to-date policies reflecting current laws.
• Record-Keeping: Record all decisions affecting individuals, including assessments and supports plans.
• Communication: Maintain clear, empathetic communication with individuals and their families.

Scenario Example

Imagine you’re working with Jake, a 17-year-old with severe autism whose behaviour can be unpredictable and potentially harmful to himself or others. Here’s how you might apply the legislative framework:

• Rights: Ensure Jake has the same opportunities to engage in activities he enjoys as his peers, by making reasonable adjustments.
• Safeguarding: Regularly review his care plan to identify any risks of harm to him and update the measures to keep him safe.
• Deprivation of Liberty: If Jake needs to be physically restrained to prevent self-harm, ensure that it’s in his best interest, the least restrictive option, and formally authorised if necessary.

Final Thoughts

The legislative framework in the UK provides robust guidelines for supporting individuals who present with challenging behaviour. By understanding and implementing these laws, you uphold their rights, ensure their safety, and make informed decisions regarding their liberty. Always stay updated on legal requirements and seek guidance when in doubt to ensure you’re providing the highest standard of care.

Example answers for unit 3.1 The legislative framework that applies to individuals who present with behaviour that challenges regarding: rights, safeguarding, deprivation of liberty

Example Answer 1: The Human Rights Act 1998

The Human Rights Act 1998 is really important in my role as a support worker because it outlines the basic rights and freedoms every person is entitled to. For instance, one of our residents, Sarah, who has a history of challenging behaviour, must still have her right to respect for private and family life upheld. This means ensuring her room is private and that any personal care tasks are conducted respectfully. By adhering to this Act, I ensure Sarah’s dignity and privacy are maintained.

Example Answer 2: The Equality Act 2010

The Equality Act 2010 guides me to make reasonable adjustments to accommodate individuals with challenging behaviour. For example, James, a resident with severe learning disabilities, often feels overwhelmed in noisy environments. To support him, we’ve created a quiet space where he can retreat when needed. This adjustment ensures James is not discriminated against and can participate more fully in daily activities.

Example Answer 3: The Care Act 2014

Under the Care Act 2014, my main responsibility is to promote the wellbeing of the individuals I support. For example, I work with Tony, who exhibits aggressive behaviour under stress. This Act requires me to consider his physical and mental health, so we’ve implemented a routine that includes stress-relief activities like guided exercises. This approach helps reduce Tony’s triggers and promotes his overall wellbeing, including social engagement.

Example Answer 4: The Children and Families Act 2014

The Children and Families Act 2014 is particularly relevant when supporting young individuals with challenging behaviour in educational settings. I support Emma, a 14-year-old with ADHD, in school. The Act has helped us develop an Education, Health, and Care Plan (EHCP), ensuring she receives tailored support. This includes having a teaching assistant to help her stay focused, which significantly reduces disruptive behaviours and helps her achieve her academic goals.

Example Answer 5: Mental Capacity Act 2005 and Principles

The Mental Capacity Act 2005 sets out the principles I must follow when supporting individuals who might not have the capacity to make certain decisions. For instance, Tom, an elderly resident with dementia, can struggle with complex decisions. The Act requires me to always assume he has capacity unless assessed otherwise. For day-to-day choices like what to eat or activities to participate in, I encourage and support Tom to make his own decisions as much as possible, promoting his independence.

Example Answer 6: Deprivation of Liberty Safeguards (DoLS)

Deprivation of Liberty Safeguards (DoLS) are essential when working with individuals who require restrictions for their safety. I support Linda, who has severe autism and may self-harm. Under DoLS, we’ve had to apply for formal authorisation to use certain restraints. This includes having her assessed by qualified professionals ensuring that any restrictions are in her best interest and are the least restrictive. Regular reviews are conducted to ensure these measures are still necessary and appropriate, ensuring Linda’s rights are protected while maintaining her safety.