UK Legislations

Define the following:

• Legislation

• Act

• Regulations

Define the following:

• Legislation – the making of laws by parliament

• Act – outlines law made by parliament

• Regulation – gives details of specific aspects of an act

The Children Act 1989/2004• Ensured Social Service Departments were responsible for protecting

children in their area from abuse.• Gave Social Services power to take legal steps to ensure child safety.• Each Social Services department must have:

– A separate children’s department– A Child Protection committee– A designated “Director for Children” responsible for child protection

issues• In 1999, new guidelines ensured that information is shared between

professionals and other agencies.• The Children Act 2004 provided a joined up system so that workers in both

health and social care will work together.– This can be done by storing electronic records and via Case

Conference

The Mental Health Act 1983/2007

• Allows patients to be detained in hospital against their will – Being sectioned

• Requires formal application by approved social worker or nearest relative

• 2 Medical practitioners must also recommend the admission• 2007 revision takes into account The Human Rights Act 1995

– Protects the rights of people with problems– Allows them to refuse certain treatments and to choose their

main carer (rather than next of kin)– Social Services assume responsibility for those considered unable

to make considered decisions because of their illness

The Disability Discrimination Act 1995/2005

• Supports disabled people in employment rights, access to services and where they live

• 2004 update enforced service providers to make ‘reasonable’ adjustments to premises, schools, colleges and universities

• Public transport must also be accessible• What is the problem with ‘reasonable’?• http://www.heraldscotland.com/disabled-tee

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The Chronically Sick and Disabled Persons Act 1986

• This act ensures that:– Local Social Services keep a register of the

numbers of people with disabilities in their area– They publish information about the services they

provide– They assess the needs of these people and

provide the support needed

The NHS and Community Care Act 1990

• This act closed many long-stay hospitals/wards and these people were cared for in the community– Physical or learning disabilities and people with

mental health problems, older people.– Only the most severely ill patients were looked after

in hospital• This act means local Social Services have a duty

to assess the needs of these people and provide the support needed.

Food Safety Act 1990• Covers everyone involved in:

– Production, Processing, Storage, Distribution and Sale of food

• Food:– must be of nature, substance and quality demanded (sausage?)– Must not be described falsely or misleading– Must not be supplied if it could be harmful to consumer’s health– Must not be unfit e.g. rotting– Must not be so contaminated it is inedible

• Powers for Environmental Health or Trading Standards:– Seize food not adhering to above– Serve an Improvement notice to a business– Close any premises which are causing a risk to health

General Food Hygiene Regulations ‘95, ’05 & ‘06

• Ensures that food premises allow food to be safely prepared with minimal risk of cross contamination:– Everywhere must be easy to clean and prevent the accumulation of dirt– All food equipment in good condition and clean– Adequate facilities for cleaning equipment & food– Adequate hand-washing facilities– Drinkable water and clean toilets– Sufficient fridge and freezer– Waste in closed and easily cleaned containers– Staff changing facilities – outdoor clothes kept away from food– Premises to be clean, tidy and in good condition– High standard of personal hygiene– Adequate pest control– Protect food from contamination e.g. covering– Safety procedures identified, implemented and reviewed– All food handlers to be trained and supervised in food hygiene

Health and Safety at Work Act 1974

• Umbrella legislation under which other regulations are formed

• There are about 400 regulations covered• Main principles:

– Employers have to look after the health, safety and welfare of all their employees

– Employees and the self-employed have to look after their health and safety

– Everyone has to take care of the health and safety of others e.g. members of the public who may be affected by their work

– See page 241 for a list of things an employer and employee must do

RIDDOR 1995

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

• Employers must report to the local environment health departments:– Accidents at work (or near misses)– Injuries from work– Sickness which may have been caused at work

• Employees must inform the employer immediately of any of these problems

• Employers must investigate and provide a written report.

Dangerous Occurrences - What must be reported?

• Any accident causing death• Failure of lifting equipment• Possible release of biological agent (microbe)

likely to cause human infection or illness• Failure of breathing system whilst in use• Collapse of floor or wall @ work• Escape of substances that could cause death,

major injury or any other damage to the health of any person

Dangerous Occurrences - What must be recorded?

• Accident date & time• Full name of person in accident including job

title or status (e.g. visitor) and nature of injury• Accident place• Brief description of the circumstances• Date accident was reported• The message by which it was reported

Injuries – what must be reported?• Any fracture other than to finger, toes or thumbs• Amputation• Dislocation of shoulder, hip, knee, or spine• Any loss of sight• Chemical or metal burn to eye• Any injury that penetrates the eye• Electric shock or burn leading to unconsciousness or admittance to

hospital for > 24 hours• Any injury leading to hyperthermia or heat induced injury, requiring

resuscitation , requiring admittance to hospital for > 24 hours• Loss of consciousness caused by asphyxia or harmful substance• Inhalation, Ingestion or skin penetration of any substance leading to any

medical treatment

Diseases – What must be reported?

• Conditions due to physical demands of work – Damage from radiation, repetitive movement etc

• Certain infections– Hepatitis, tuberculosis, etc

• Conditions due to substances– Poisoning, certain cancers, skin conditions etc

• Records must be kept of:– Diagnosis date, name of person & job title, name or

nature of disease, date of report and method of report.

COSHH 1994

• Control of Substances Hazardous to Health• Require employers to control exposure to hazardous

substances at work e.g.– Cleaning agents, disinfectants, soiled linen

• Examples of effects of hazardous substances:– Skin irritation– Asthma– Infection from bacteria and other micro-organisms

• If you have 5 or more employees, the main findings of the risk assessment concerning hazardous substances must be recorded in a COSHH file

Storing hazardous waste

• COSHH regulations state the correct methods for storing potentially hazardous substances such as:– Cleaning agents, disinfectants and soiled linen

• If these are not stored correctly there is a risk of harm from:– Swallowing poisonous substances– Breathing in poisonous substances– Splashes to the skin– Splashes to the eye– Contamination from microbes such as bacteria and viruses

Every Child Matters

• Regulations outlining how the Children Act would be put into practice.

• Applies to all children from birth to 19• Aims to minimise risks for children and support

them to:– Be healthy– Stay safe– Enjoy and achieve– Make a positive contribution to society– Achieve economic wellbeing

CRB Checks

• Criminal Records Bureau– Previously called ‘police checks’– Process now called ‘disclosure’

• 3 types of disclosure:– Basic – information about someone held in central police

records– Standard – provides details of criminal records including

any conviction – needed to work with vulnerable clients– Enhanced – Essential for anyone wishing to work with

children, young people and vulnerable groups. Checks a wider range of information.

POCA and POVA

• Protection of Children Act• Protection of Vulnerable Adults

• There are registers of people who are unsuitable to work with children, but may not have been prosecuted for an offence.

• Enhanced disclosure checks this information

• Certain offences may stop people from being able to work with young people under 18 by law