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1.3 The Legal Framework and National Policy

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SCOPE OF THIS PART

This part provides details about the legislative framework and national policy informing safeguarding adults, which has informed this 'Sussex Multi-Agency Policy and Procedures for Safeguarding Adults at Risk' (formerly Vulnerable Adults)

PLEASE NOTE:The legislation and government policy framework relating to adult safeguarding is subject to considerable debate and change, the content of this part is up to date as at May 2013, but any changes made by the Government after this date are not included or accounted for.


Contents

1.3.1 Legal Powers to Intervene
1.3.2 Civil Liberties
1.3.3 Disclosure and Barring Service
1.3.4 Mental Capacity Act 2005
1.3.5 Mental Health Act 2007
1.3.6 Health and Social Care Act 2008
1.3.7 National Policy and Guidance
1.3.8 Registered Health and Social Care Providers


1.3.1 Legal Powers to Intervene

The following is a table of legal powers and useful references to consider in adult safeguarding cases.

All Forms of Abuse Consider whether could and should involve the Police for any type of abuse towards an adult at risk.
Physical Abuse

(Click here for a definition of Physical Abuse).

Consider the following Legal Remedies:

Offences Against the Person Act 1861 - a criminal prosecution, this Act contains core criminal offences relating to assaults including, actual and grievous bodily harm, wounding with intent and unlawful wounding, including assaults causing cuts, serious damage to internal organs and broken bones, the administration of drugs or noxious substances so as to cause harm.  (A prosecution would have to be brought by the Police.)

Civil action could be taken for assault, battery or false imprisonment (restraint). The client or their representative should take legal advice from either the Citizen's Advice Bureau or an independent solicitor.

Criminal Injuries Compensation claim via CICA.

Police and Criminal Evidence Act 1984, section 17 is a Police power to enter and save life.

Family Law Act 1996 - can be used to obtain injunctions against perpetrators; non-molestation and occupation orders.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010: If there is a breach of Regulation 11 (Safeguarding people who use services from abuse), this is an offence under Regulation 27.  A person convicted of an offence is liable, on summary conviction, to a fine not exceeding £50,000. Click Here to view Regulations.

Domestic Violence Crimes & Victims Act 2004 - creates an offence of causing or allowing the death of a child or Vulnerable Adult, where they have died of an unlawful act. The household member must have failed to take reasonable steps to protect the victim and the victim must have been at serious risk of physical harm, demonstrated by a history of violence towards the vulnerable person.

Sexual Abuse

Consider the following Legal Remedies:

Criminal prosecution - Sexual Offences Acts 1956 & 1967, plus more recent Sexual Offences Act 2003, there are specific offences against people with severe learning disabilities. Section 4 makes it an offence to not obtain consent. Sections 30-44 provides various offences against people who lack capacity, including specific offences for care workers. There is a defence to these offences if the individual did not know and had no reason to suspect that the person had a mental disorder.

Civil action could be taken by the individual, but they should take legal advice from either the Citizen's Advice Bureau or an independent solicitor.

Family Law Act 1996 - this could be considered for injunctions in the shape of non-molestation or occupation orders.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010: If there is a breach of Regulation 11 (Safeguarding people who use services from abuse), this is an offence under Regulation 27.  A person convicted of an offence is liable, on summary conviction, to a fine not exceeding £50,000.Click Here to view Regulations.

Psychological Abuse

(Click here for a definition of Psychological Abuse).

Consider the following Legal Remedies:

Protection from Harassment 1997 - can be used by Police or individual to obtain an injunction.

Anti-Social Behaviour Orders - Crime and Disorder Act 1995 - Police power.

Anti-discrimination legislation (race, sex disability). If someone is being treated unfavourably on the grounds of their sex, race or disability.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010: If there is a breach of Regulation 11 (Safeguarding people who use services from abuse), this is an offence under Regulation 27.  A person convicted of an offence is liable, on summary conviction, to a fine not exceeding £50,000. Click Here to view Regulations.

Neglect

(Click here for a definition of Neglect).

Consider the following Legal Remedies:

Section 47 National Assistance Act 1948 - this is power to remove a person to either a hospital or a care home  with a Magistrates Court Order, where that person is suffering from grave or chronic illness and is living in unsanitary conditions, and not receiving adequate care.

Financial Abuse

(Click here for a definition of Financial Abuse).

Consider the following Legal Remedies:

Lasting Powers of Attorney (LPA) were introduced by the Mental Capacity Act 2005.  These replace the former Enduring Powers of Attorney that, after 1 October 2007, can no longer be created.  An LPA is a legal document that lets a person (`the Donor') appoint someone they trust (`the Attorney') to make decisions on their behalf.

There are 2 types of LPA:

  • property and affairs LPA - allows the Donor to choose someone to make decisions about how to spend his money, including the management of his property and affairs;
  • personal welfare - allows the Donor to choose someone to make decisions about their healthcare and welfare.  This includes decisions to refuse or consent to treatment on his behalf and deciding where to live.

The LPA must be registered with the Office of the Public Guardian in order to have legal standing.  A registered LPA can be used at any time, whether the person making the LPA has the mental capacity to act for himself or not.   Once the LPA is registered it continues indefinitely.  The LPA can be registered by the Attorney after the Donor has lost capacity.  An LPA can also be cancelled by the Donor, provided he has the mental capacity to do so.

A Local Authority can make representations to the Office of the Public Guardian if there is reasonable belief that someone may not be acting in an individual's best interest.

A person given a power under an Enduring Power of Attorney (EPA) before 1 October 2007 can still use it and apply to have it registered. 

Further information about LPAs can be found on the website for the Office of the Public Guardian.

The Mental Capacity Act 2005 provides for a Court of Protection to make decisions in relation to the property and affairs, healthcare and personal welfare of adults (and in certain cases, children) who lack capacity. 

The Court has the same rights, privileges and authority in relation to mental capacity matters as the High Court.  The Court has the powers to:

  • decide whether a person has capacity to make a particular decision for themselves;
  • make declarations, decisions or orders on financial or welfare matter affecting people who lack capacity to make such decisions;
  • appoint deputies to make decisions for people lacking capacity to make those decisions;
  • decide whether an LPA or EPA is valid;
  • remove deputies or attorneys who fail to carry out their duties; and
  • hear cases concerning objections to register an LPA or EPA.

In reaching any decision, the Court must apply the statutory principles set out in the Mental Capacity Act.  It must also make sure its decision is in the best interests of the person who lacks capacity.

Criminal Prosecution - the Police can consider whether a perpetrator of financial abuse may be prosecuted for theft under the Theft Act 1968 - or for fraud by virtue of abuse of position under the Fraud Act 2006.

Support to Individual and Family

Consider the following Legal Remedies:

Section 47 NHS & Community Care Act 1990 - duty to assess. The Local Authority may be able to help manage some adult protection concerns by completing a formal assessment and putting in a care package or higher support to the individual and/or family. A Local Authority should consider the duty to promote welfare for the individual concerned and also, the family under Carers (Recognition and Services) Act 1995 and Carers and Disabled Children Act 2000.

Prosecution

Consider the following Legal Remedies:

Criminal law - statute and common law can be considered.

Investigation by Police and Crown Prosecution Service to prosecute perpetrators.

Removal of the Perpetrator

Consider the following Legal Remedies:

Consider whether can involve the Police.

Consider Family Law Act 1996 - injunctions; non-molestation and occupation orders.

Civil injunction - would need the individual to take legal advice from an independent solicitor or Citizen's Advice Bureau.

Mental Health Act 1983 - is there a mental illness, can the perpetrator be removed for assessment and/or treatment.

Removal of Subject

Consider the following Legal Remedies:

Section 47 National Assistance Act 1948 - this is power to remove a person to either a hospital or a care home  with a Magistrates Court Order, where that person is suffering from grave or chronic illness and is living in unsanitary conditions, and not receiving adequate care.

Mental Health Act 1983 - removal for assessment and/or treatment.

Deprivation of Liberty Safeguards

Consider the following Legal Remedies:

The Mental Capacity Act Deprivation of Liberty Safeguards (formerly known as the Bournewood Safeguards) were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007 and came into effect on 1 April 2009.

The MCA DOL safeguards apply to anyone

  • aged 18 and over;
  • who suffers from a mental disorder or disability of the mind, such as dementia or a profound learning disability, but may include some people who have, for example, suffered a brain injury;
  • who lacks the capacity to give informed consent to the arrangements made for their care and/or treatment and;
  • for whom deprivation of liberty (within the meaning of Article 5 of the EHCR) is considered after an independent assessment to be necessary in their best interest to protect them from harm.

The safeguards do not apply to people detained under the Mental Health Act 1983.

The safeguards cover -

  • patients in hospitals; and
  • people in care homes registered under the Care Standards Act 2000 or the Health and Social Care Act 2008 (regulated Activities) Regulations 2010.

- whether placed under public or private arrangements.

The safeguards are designed to protect the interest of an extremely vulnerable group of service users and to:

  • ensure people can be given the care they need in the least restrictive regimes;
  • prevent arbitrary decisions that deprive vulnerable people of their liberty;
  • provide safeguards for vulnerable people;
  • provide them with rights of challenge against unlawful detention.

What are the Safeguards?

  • they provide legal protection for those vulnerable who are, or may become, deprived of their liberty within the meaning of Article 5 of the ECHR;
  • every effort should be made, in both commissioning and providing care or treatment, to prevent deprivation of liberty.  If deprivation of liberty cannot be avoided, it should be for no longer than is necessary;
  • the safeguards provide for deprivation of liberty to be made lawful through `standard' or `urgent' authorisation processes.  These processes are designed to prevent arbitrary decisions to deprive a person of liberty and give a right to challenge deprivation of liberty authorisations;
  • the deprivation of liberty safeguards mean that the relevant hospital or care home must seek authorisation from a `supervisory body', which includes a primary care trust, a local authority or a local health board, in order to be able lawfully to deprive someone of their liberty.  Before giving such authorisation, the supervisory body must be satisfied that the person has a mental disorder as defined in section 1 of the Mental Health Act 1983 (as amended by the Mental Capacity Act 2005) and lacks capacity to decide about their residence or treatment;
  • a decision as to whether or not deprivation of liberty arises will depend on all the circumstances of the case.  It is neither necessary nor appropriate to apply for a deprivation of liberty authorisation for everyone who is in hospital or a care home simply because the person concerned lacks capacity to decide whether or not they should be there. In deciding whether or not an application is necessary, a managing authority should consider carefully whether any restrictions that are, or will  be, needed to provide ongoing care or treatment amount to a deprivation of liberty when looked at together.

The MCA DOLS cover:

  • how an application for authorisation should be applied for;
  • how an application for authorisation should be assessed;
  • the requirements that must be fulfilled for an authorisation to be given;
  • how an authorisation should be reviewed;
  • what support and representation must be provided for people who are subject to an authorisation; and
  • how people can challenge authorisations.

While the MCA DOL might be for the purpose of giving treatment, the DOL authorisation does not itself authorise treatment.  Treatment in these circumstances may only be given with the person's consent (if they have capacity) or in accordance with the wider provisions of the MCA.

MCA DOLS must never be used as a form of punishment or for the convenience of carers or professionals.

For full information, including the Code of Practice, guidance and forms, see the Department of Health website:


1.3.2.  Civil Liberties

The Human Rights Act 1998 - This Act incorporates most of the European Convention of Human Rights into UK law enabling claims by individual victims to be brought in UK courts against any public bodies for breach of those convention rights.

The Act makes it unlawful for a public body to act (by commission or omission) in a way that is incompatible with the Convention Rights. Examples of convention rights are, right to a private and family life, right to marry, right to a fair trial, right to liberty and security etc.

The Act requires all legislation to be interpreted and given effect as far as possible in compatibility with the Convention Rights.

Action is taken in the County Court or the High Court to sue for compensation (damages).

'Safeguarding Adults' builds on the No Secrets 2000 definition to emphasise further the Human Rights link and the responsibility of all public bodies to intervene.

All persons have the right to live their lives free from violence and abuse. This right is underpinned by the duty on public agencies under the Human Rights Act (1998) to intervene proportionately to protect the rights of citizens. These rights include:

Article 2: 'the Right to life';

Article 3: 'Freedom from torture' (including humiliating and degrading treatment); and

Article 8: 'Right to private and family life' (one that sustains the individual).

Any adult at risk of abuse or neglect should be able to access public organisations for appropriate interventions which enable them to live a life free from violence and abuse. It follows that all citizens should have access to relevant services for addressing issues of abuse and neglect, including the civil and criminal justice system and victim support services.

Remedies available should also include measures that achieve behaviour change by those who have perpetrated abuse or neglect.

It is important that the legal rights of all those affected in relation to adults safeguarding are considered and balanced alongside those of the adult at risk. This includes the right to natural justice and a fair right of reply.


1.3.3  Disclosure and Barring Service (DBS) – formerly Vetting and Barring Scheme

The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).

It is responsible for:

  • processing requests for criminal records checks;
  • deciding whether it is appropriate for a person to be placed on or removed from a barred list;
  • placing or removing people from the DBS children’s barred list and adults’ barred list for England, Wales and Northern Ireland.

Regulated activity describes the kind of work to which barring applies and is fully set out in the Safeguarding Vulnerable Groups (NI) Order 2007 (as amended by the Protection of Freedoms Act 2012).

The DBS was established under the Protection of Freedoms Act 2012 and carries out the functions previously undertaken by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). Functions of the CRB and ISA have been transferred to the DBS under the Protection of Freedoms Act 2012 and it became operational on the 1 December 2012.


1.3.4 Mental Capacity Act 2005

The Mental Capacity Act 2005 (MCA) was introduced in April 2007 then in full on 1 October 2007.  This Act provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions.  Since its enactment, the MCA has been amended by the Mental Health Act 2007.

The MCA is underpinned by a set of five key principles:

  1. a presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise;
  2. the right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions;
  3. individuals must retain the right to make what might be seen as eccentric or unwise decisions;
  4. best interests - anything done for or on behalf of people without capacity must be in their best interests; and
  5.  least restrictive intervention - anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.

The Act deals with the assessment of a person's capacity and acts by carers of those who lack capacity:

  • assessing lack of capacity:  there is single clear test for assessing whether a person lacks capacity to take a particular decision at a particular time.  It is a "decision-specific" and time specific test;
  • best interests:  an act done or decision made for or on behalf of a person who lacks capacity must be in that person's best interests;
  • acts in connection with care or treatment:  Section 5 offers statutory protection from liability where a person is performing an act in connection with the care or treatment of someone who lacks capacity.  This could cover actions that might otherwise result in criminal prosecution or civil liability if someone has to interfere with the person's body or property in the course of providing care or treatment;
  • restraint:  Section 6 sets out limitations on section 5.  It defines restraint as the use or threat of force where a person who lacks capacity resists, and any restriction of liberty or movement  whether or not the person resists.  Restraint is only permitted if the person lacks capacity, and if the restraint used is a proportionate response to the likelihood and seriousness of the harm.  This section does not extend to deprivation of liberty within the meaning of Article 5(1) of the ECHR.

The MCA deals with two situations where a designated decision-maker can act on behalf of someone who lacks capacity:

  • lasting Powers of Attorney (LPAs) - allows a person to appoint an attorney to act on their behalf if they should lose capacity in the future and allows people to empower an attorney to make health and welfare decisions;
  • court appointed deputies - provides for a system of court appointed deputies to replace Receivership.  Deputies can take decisions on welfare, healthcare and financial matters as authorised by the new Court of Protection but they are not able to refuse consent to life sustaining treatment.  Deputies are only appointed if the Court cannot make a one-off decision to resolve the issues.

The MCA created a new public body and a new official to support the statutory framework:

  • the Court of Protection - has jurisdiction relating to the whole Act, with its own procedures and nominated judges;
  • a Public Guardian, supported by the Office of the Public Guardian (OPG).  The Public Guardian and his staff is the registering authority for LPAs and deputies.  They supervise deputies appointed by the Court and provide information to help the Court make decisions.  They will also work with other agencies, such as the police and Social Services, to respond to any concerns raised about the way in which an attorney or deputy is operating. A Public Guardian Board will be appointed to scrutinise and review the way in which the Public Guardian discharges his functions.

The MCA also includes 3 further key provisions to protect vulnerable people:

  • Independent Mental Capacity Advocate (IMCA) - An IMCA is someone appointed to support a person who lacks capacity but has no one to speak for them.  They have to be involved where decisions are being made about serious medical treatment or a change in the person's accommodation where it is provided, or arranged, by the NHS or a local authority.  The IMCA makes representations about the person's wishes, feelings, beliefs and values, and brings to the attention of the decision-maker all relevant factors to the case;
  • advance decisions to refuse treatment - there are statutory rules with clear safeguards so that people may make a decision in advance to refuse treatment if they should lack capacity in the future;
  • criminal offence - The MCA introduced a new criminal offence of ill treatment or wilful neglect of a person who lacks capacity.  A person found guilty of such an offence may be liable to imprisonment for a term of up to five years.

Amendments to the Mental Capacity Act 2005 (MCA)

The main change is to provide for procedures to authorise the deprivation of liberty of a person in a hospital or care home who lacks capacity to consent to being there.  These are known as the MCA Deprivation of Liberty Safeguards (MCA DOLS). The MCA principles of supporting a person to make a decision when possible, and acting at all times in the person's best interests and in the least restrictive manner, will apply to all decision-making in operating the procedures.

The introduction of MCA DOLS was in response to the 2004 ECHR judgment (HL v UK (Application No 45508/00) (the "Bournewood Judgment") involving an autistic man who was kept a Bournewood Hospital by doctors against the wishes of his carers.

Guidance on the MCA is provided by virtue of a statutory Code of Practice Guidance.

Further information can be found on the Public Guardian website.


1.3.5  Mental Health Act 2007

The Mental Health Act 2007 (the 2007 Act) received Royal Assent on 19 July 2007.  It amends the:

  • Mental Health Act 1983;
  • Mental Capacity Act 2005; and
  • Domestic Violence, Crime and Victims Act 2004.

Amendments to the Mental Health Act 1983

  • definition of mental disorder - a single definition now applies throughout the Act and references to categories of disorder are abolished;
  • criteria for detention - it introduces a new appropriate treatment test, which applies to all the longer-term powers of detention.  As a result, it is not now possible for patients to be compulsorily detained, or their detention continued, unless appropriate medical treatment and all other circumstances of the case is available to the patient.  These criteria abolished the treatability test;
  • professional roles - it broadens the group of practitioners who can take on the functions currently performed by the approved social worker and the responsible medical officer;
  • nearest relative - it gives to patients the right to make an application to the county court to displace their nearest relative and enables county courts to displace a nearest relative who it thinks is not suitable to act as such;
  • Supervised Community Treatment - it introduces SCT for patients following a period of detention in hospital;
  • electro-convulsive therapy - it introduces new safeguards for patients;
  • Independent Mental Health Advocates - it places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates.

Amendments to the Domestic Violence, Crime and Victims Act 2004 (DVCVA)

From 3 November 2008, victims rights under the DVCVA were extended to victims of offenders who are detained, or on supervised community treatment, as unrestricted patients under Part 3 of the MHA 1983. Guidance can be found on the Department of Health website.


1.3.6  Health and Social Care Act 2008

The Health and Social Care Act 2008 (HSCA 2008)

  • establishes the Care Quality Commission (CQC) as the new integrated regulator for health and adult social care, with tough powers to ensure a safe and high quality of services.  It requires the CQC to inspect, investigate and intervene where care providers are failing to meet safety and quality requirements, including hygiene standards;
  • dissolves the Commission for Health Care Audit and Inspection, the Commission for Social Care Inspections (CSCI) and the Mental Health Act Commission;
  • reforms profession regulation to give patient and the public more confidence in the care they receive from health professionals, including the creation of a new adjudicator to make independent decisions about whether individual health professionals should remain in practice;
  • strengthens the protection of vulnerable people using residential care by ensuring that any independent sector care home that provides accommodation together with nursing or personal care on behalf of a local authority is subject to the Human Rights Act.

The HSCA 2008 also extends direct payments to include people who lack capacity to give their consents to direct payments.  It allows a direct payment to be made to a 'suitable person' who can receive and manage the payment on behalf of a person who lacks capacity.

HEALTH AND SOCIAL CARE ACT 2008 (REGULATED ACTIVITIES) REGULATIONS 2010

These Regulations replace the

  • National Minimum Standards; and
  • Standards for Better Health.

From April 2010, all health and adult social care providers are required to be registered with the Care Quality Commission (CQC) if they provide regulated activities. 

Subject to specified exceptions, from October 2010, all currently registered adult social care and independent healthcare providers must be registered with CQC. 

In addition, some existing providers that are not currently required to be registered under the Care Standards Act 2000 will need to register under these regulations if they provide regulated activities. These types of providers are likely to include, but are not limited to:

  • personal care services that provide prompting and supervision of personal care;
  • drug treatment residential settings;
  • detention and removal centre health services;
  • healthcare professionals providing a regulated activity.

What is a regulated activity?

Click Here to view Regulations

These include:

  • personal care;
  • accommodation with nursing or personal care;
  • accommodation for persons who require treatment for substance misuse;
  • accommodation and nursing or personal care in the further education sector;
  • treatment of disease, disorder or injury;
  • assessment or medical treatment for persons detained under the MHA 1983;
  • surgical procedures;
  • diagnostic and screening procedures;
  • maternity and midwifery services;
  • termination of pregnancies;
  • nursing care;
  • family planning services.

All existing providers who are within the scope of the new Regulations will need to register; all will need to issue a new declaration stating compliance with all of the essential standards of quality and safety.

The registration of providers currently registered under the Care Standards Act 2000 ended on 30 September 2010 and their new registration should begin under the new system from 1 October 2010. 

Providers do not have to "de-register", but registrations made under the Care Standards Act 2000 are not transferable to the new system because the legal status of the new essential standards of quality and safety is different.  Providers will have to be registered under the new system and, although they will not be charged the registration fee, they will be charged annual and other fees during 2010/11.


The application form and associated guidance can be found on the CQC website

Essential standards of quality and safety

These consist of 28 regulations and associated outcomes that are set out in the two pieces of legislation: the HSCA (Regulated Activities) Regulations 2010 (which supersede the 2009 Regulations) and the CQC (Registration Regulations) 2009.  However, the main focus is the 16 regulations that fall within Part 4 of the 2010 Regulations - these are the ones that directly relate to the quality and safety of care.  Providers must have evidence that they meet the outcomes.


1.3.7 National Policy and Guidance

There are many other policy areas that overlap and are relevant to safeguarding adults and safeguarding adults practice should be informed by  these.

Examples of the most pertinent policy areas are shown below with a brief definition of what each covers:

Safeguarding Adults

Please note, 'No Secrets', issued in 2000 by the Department of Health (DOH), is currently under review.  For an up to date position or for further information, please go to the DOH Website.

Safeguarding Adults - A National Framework for Standards for Good Practice and Outcomes in Adult Protection Work 2005 ADSS.

Domestic Violence

'any incident of threatening behaviour, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality.'

See the following national websites/information:

Home Office website

Domestic Violence, Crime and Victims Act 2004

The English National Domestic Violence helpline is 0808 2000 247

In addition see also local websites and materials:

For further local information see - Domestic Abuse Appendix.

Equal Opportunities

"Equality of opportunity is about giving people the right to be treated fairly in employment, education and services; that they should not be discriminated against on the grounds of their sex, race or disability. It is a basic principle of democracy, is supported by UK and European legislation." (Government office for the East Midlands Website) there are now six equality 'strands' in the UK, these are race, disability, gender, sexual orientation, age, and religion and belief.

See local websites and materials.

Racial Discrimination

"Under the Race Relations Act, it is unlawful for a person to discriminate on racial grounds against another. The Act defines racial grounds as including race, colour, nationality or ethnic or national origins" Commission for Racial Equality website.

See the following national websites/information:

Equality and Human Rights Commission website

See local websites and materials.

Hate Crime

"Hatred is a strong term that goes beyond simply causing offence or hostility. Hate crime is any criminal offence committed against a person or property that is motivated by an offender's hatred of someone because of their: race, colour, ethnic origin, nationality or national origins, religion, gender or gender identity, sexual orientation or disability." (Home Office).

See the following national websites/information:

Home Office website

Home Office/ACPO document on hate crimes

Values into Action

Mencap

Age Concern

See local websites and materials.

For further local information, see Community Safety Appendix.

Community Safety

Everyone has the right to feel safe - community safety schemes aim to reduce crime and the fear of intimidation. Local community safety schemes can involve many things, from parenting programmes, educational initiatives and mentoring programmes for young people; to changing the physical environment through urban design schemes, installing CCTV, and improving security with locks, bolts and alley gating. Every three years, the Government calls upon community safety partnerships to produce a strategy of crime reduction targets for the following three years.

For further local information, see Community Safety Appendix.

Human Rights

There are sixteen basic rights in the Human Rights Act 1998, all taken from the European Convention on Human Rights. They do not only affect matters of life and death like freedom from torture and killing; they also affect people's rights in everyday life: what they can say and do, their beliefs, their right to a fair trial and many other similar basic entitlements. The Act does three simple things:

  1. it makes it unlawful for a public authority, like a government department, local authority or the police, to breach the Convention rights, unless an Act of Parliament meant it could not have acted differently;
  2. cases can now be dealt with in a UK court or tribunal. Until now, anyone who felt that their rights under the Convention had been breached had to go to the European Court of Human Rights in Strasbourg;
  3. all UK legislation must now be given a meaning that fits with the Convention rights, if that's possible. If a court says that is not possible, it will be up to Parliament to decide what to do.

See the following national websites/information:

Ministry of Justice Website

Disability Rights & Discrimination

For those who are disabled or have had a disability, the Disability Discrimination Act 1995 makes it unlawful for them to be discriminated against in employment, access to goods, facilities and services, the management, buying or renting of land or property and education.

See the following national websites/information:

Equality and Human Rights Commission website

See local websites and materials


1.3.8 Registered Health and Social Care Providers

From April 2010, all health and adult social care providers are required by law to register with the Care Quality Commission (CQC) if they provide Regulated Services. 

These regulations replace the National Minimum Standards.  New providers or those seeking to amend or vary their registration must register with the CQC; also, existing providers who are within the scope of the new regulations will need to re-register by 1 October 2010. 


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