1.5 Identify legislative and policy drivers for personalised services

1.5 Identify legislative and policy drivers for personalised services

Understand Personalisation in Care and Support Services

Care Learning

6 mins READ

This guide will help you answer The RQF Level 4 Diploma in Adult Care Unit 1.5 Identify legislative and policy drivers for personalised services.

Personalised services in adult care are shaped by a range of legislative and policy frameworks. These frameworks ensure that services are tailored to the individual needs and preferences of service users.

In this unit, we will explore the key legislative and policy drivers that underpin personalised services. This will provide a comprehensive understanding of the legal and policy context within which adult care operates.

The Care Act 2014

The Care Act 2014 is central to personalised care in the UK. It sets out the legal framework for adult social care and places a strong emphasis on the well-being of individuals. The Act ensures that care and support are centred on the needs and choices of service users.

Key Provisions:

  • Well-being Principle: Local authorities must promote the well-being of individuals in all decisions. This includes physical and mental health, control over day-to-day life, and participation in work, education, and social activities.
  • Assessment and Eligibility: The Act requires a personalised assessment of needs, which considers the individual’s goals and preferences. Eligibility for services is based on how these needs affect their well-being.
  • Care and Support Planning: Care plans must be personalised, involving the individual in all aspects of designing their care.
  • Personal Budgets and Direct Payments: Individuals can receive a personal budget to manage their care and support, offering greater control and choice.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 supports personalised services by providing a framework for decision-making on behalf of individuals who may lack the capacity. It ensures that all actions and decisions made are in the best interests of the individual, respecting their rights and freedoms.

Key Provisions:

  • Presumption of Capacity: Adults are assumed to have capacity unless proven otherwise.
  • Best Interests: Decisions made on behalf of those lacking capacity must consider their past and present wishes and feelings.
  • Least Restrictive Option: Any decision or action must restrict the person’s rights and freedoms as little as possible.
  • Empowering Individuals: The use of advance decisions and lasting power of attorney allows individuals to have control over their future care.

The Health and Social Care Act 2012

This Act reformed the NHS and social care services to be more responsive to individual needs and preferences. It emphasises the importance of integrated care and ensures that health and care services work together to provide a seamless experience for service users.

Key Provisions:

  • Clinical Commissioning Groups (CCGs): These groups are responsible for commissioning health services that meet the needs of their local population, promoting personalised care.
  • Patient and Public Involvement: Service users are given a greater voice in the planning and delivery of services.
  • Integration of Health and Social Care: Encourages collaboration between health and social care services to ensure coordinated and personalised care.

National Institute for Health and Care Excellence (NICE) Guidelines

NICE provides evidence-based guidelines that support personalised care. These guidelines are designed to ensure that care services meet the specific needs and preferences of individuals.

Key Guidelines:

  • Person-Centred Care: Emphasises treating individuals with dignity, respect, and involving them in decisions about their care.
  • Integrated Care Pathways: They provide frameworks for delivering coordinated, continuous care that is tailored to the individual’s specific conditions and circumstances.
  • Support for Family and Carers: Recognises the role of family and carers in providing personalised care and suggests ways to involve and support them.

Personalisation Agenda

The personalisation agenda is a policy initiative aimed at transforming adult social care. It moves away from a one-size-fits-all approach to one where services are tailored to the needs, wishes, and aspirations of the individual.

Key Elements:

  • Self-Directed Support: Allows individuals to have control over their care services. Direct payments and personal budgets are key tools.
  • Choice and Control: Ensures that individuals have choice over the type of care and support they receive and control over how it is delivered.
  • Co-Production: Involves individuals in the design and delivery of services, ensuring they play an active role in shaping their care.

The Human Rights Act 1998

The Human Rights Act 1998 plays a crucial role in ensuring that care services are personalised by embedding fundamental rights and freedoms into the care process.

Key Rights:

  • Right to Respect for Private and Family Life (Article 8): This includes the right to make decisions about one’s care and living arrangements.
  • Right to Life (Article 2): Ensures that care services protect the life of individuals, requiring proactive measures in their care.
  • Prohibition of Inhuman or Degrading Treatment (Article 3): Protects against neglect or poor standards of care.

The Equality Act 2010

The Equality Act 2010 supports personalised care by prohibiting discrimination and promoting equality for all individuals. It ensures that care services meet the specific needs of diverse groups.

Key Provisions:

  • Protected Characteristics: Includes age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation. Services must consider these characteristics to be truly personalised.
  • Reasonable Adjustments: Requires modifications to ensure that disabled individuals can access and benefit from services.

Example answers for 1.5 Identify legislative and policy drivers for personalised services

Here are some example answers you can use as inspiration. Feel free to adapt them to reflect your own understanding and experiences.

Example Answer 1: The Care Act 2014

“The Care Act 2014 is a key piece of legislation that influences personalised services in adult care. It focuses on the well-being of each individual. The Act requires local authorities to promote well-being in all decisions. The well-being principle includes areas like physical and mental health, personal dignity, and control over daily life. Personal budgets and direct payments are another part of the Act that gives individuals more control over their care. By ensuring personalised assessments and care plans, the Act makes sure that services are tailored to each person’s specific needs and preferences.”

Example Answer 2: The Mental Capacity Act 2005

“The Mental Capacity Act 2005 ensures that people who may lack the capacity to make decisions are treated with respect and dignity. It assumes that adults have the capacity to make decisions unless proven otherwise. This Act has a principle that decisions made on behalf of those lacking capacity must be in their best interests. The least restrictive option principle means that any action taken should limit the person’s rights and freedoms as little as possible. This legislation is important because it ensures that even those who cannot make decisions on their own are involved in their care as much as possible.”

Example Answer 3: The Health and Social Care Act 2012

“The Health and Social Care Act 2012 reformed the NHS and social care services to be more responsive to individual needs. One of its aims is to integrate health and social care services, making them more seamless for the service user. Clinical Commissioning Groups (CCGs) created by this Act are responsible for commissioning services that best meet the needs of their local population. This involves the patients and public in decision-making processes. The Act encourages a collaborative approach, which is essential for providing personalised services.”

Example Answer 4: NICE Guidelines

“NICE guidelines are crucial for ensuring that care is both evidence-based and personalised. One of the guidelines focuses on person-centred care, meaning that services should treat individuals with dignity and respect and involve them in decision-making. Another guideline suggests integrated care pathways. These ensure that care is continuous, coordinated, and tailored to the individual’s conditions and circumstances. Also, NICE guidelines pay attention to the support for families and carers, recognising their important role in the care process. This approach helps in delivering care that truly meets the needs and preferences of individuals.”

Example Answer 5: Personalisation Agenda

“The personalisation agenda aims to transform social care by focusing on the individual rather than a one-size-fits-all approach. It promotes self-directed support, which allows individuals to have more control over their care through personal budgets and direct payments. This agenda ensures that people have a say in the type of care and support they receive. Co-production is another key element, where individuals are involved in designing and delivering services. This way, the services are more likely to meet their specific needs and aspirations.”

Example Answer 6: The Human Rights Act 1998

“The Human Rights Act 1998 plays a crucial role in ensuring that care services respect fundamental rights and freedoms. One of the key rights is the right to respect for private and family life. This includes making decisions about one’s care and living arrangements. The right to life ensures that care services must take proactive measures to protect the life of individuals. The prohibition of inhuman or degrading treatment protects against neglect or poor standards of care. These rights help ensure that personalised care respects the dignity and individual preferences of each person.”

Example Answer 7: The Equality Act 2010

“The Equality Act 2010 ensures that care services do not discriminate and promote equality for all individuals. It covers protected characteristics like age, disability, race, and sex. This Act requires services to make reasonable adjustments so that all individuals, regardless of their characteristics, can access and benefit from services. By considering these characteristics, care services can be personalised to meet the unique needs of each individual. This Act supports the idea that personalised care should be inclusive and equitable.”

Summary of Key Points

“In summary, personalised services in adult care are influenced by several key legislative and policy frameworks. The Care Act 2014 focuses on the well-being and personal control of individuals. The Mental Capacity Act 2005 ensures that even those who can’t make decisions are treated with respect. The Health and Social Care Act 2012 promotes integrated care. NICE guidelines provide evidence-based support for personalised care. The personalisation agenda focuses on self-directed support and co-production. The Human Rights Act 1998 ensures fundamental rights are respected. Lastly, the Equality Act 2010 ensures no discrimination and promotes equality. Together, these frameworks ensure that care services are tailored to meet individual needs and preferences.”

Feel free to adapt these answers based on your understanding and specific experiences in adult care.

Summary

Personalised services in adult care are supported by a robust legislative and policy framework. The Care Act 2014, Mental Capacity Act 2005, Health and Social Care Act 2012, NICE guidelines, and the Human Rights and Equality Acts all contribute to ensuring that care services are tailored to the individual needs and preferences of service users. This legal and policy context emphasises choice, control, and respect for the dignity of individuals, forming the foundation of personalised care in the UK.

Understanding these legislative and policy drivers equips care workers with the knowledge to deliver high-quality, personalised care that meets the unique needs of each service user.

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