Commissioning for human rights in homecare for older people: Training session
Training resource 1
Commissioning for human rights inhome care for older people:
A training session for elected members in England
Contents
Introduction
Aim and outcomes of the main presentation
Target group
What does the training entail and who should present it?
Context
Required resources
Handouts
Programme outline and options
Human rights and home care for older people: a training session for elected members in England
Presentation plan
Handout – Convention rights protected by the HRA
Contacts
Introduction
Aim and outcomes of the main presentation
This presentation aims to provide an introduction to the Human Rights Act 1998 with particular relevance to the commissioning and provision of home care services for older people.
It is intended that by the end of the session, elected members will have a clearer understanding of their duties under the Human Rights Act and resources to enable them to apply the learning to policy and decision making, scrutiny and community leadership in the provision of home care for older people.
The main presentation is designed to be delivered by a trainer.A shorter 'self service' presentation is available (training resource 4) for elected members to use on their own or in small groups without a trainer.
Target group
The presentation is appropriate for elected members of local authorities in England, whose responsibilities include upholding and promoting the rights protected by the Human Rights Act together with overseeing (via scrutiny committees and other means) the commissioning and provision of services to vulnerable adults, including older people who receive support in their own home.
What does the training entail and who should present it?
The presentation is divided into a number of activities and seeks to provide a cycle of experiencing, reflecting, thinking and acting in order to support the learning of participants and the transfer of that learning into their practice.Trainers need not be human rights or social care experts because these notes and the Toolkit (training resource 3) act as a step by step trainers guide, but some knowledge of human rights and home care is necessary to deliver this presentation well.
These activities and resources are designed to be used flexibly. While the presentation can be delivered over half a day it is also intended that the activities can be used in different combinations or sequence depending on the time available and the needs of any particular group. Options are suggested in the programme outline and additional background information is added in notes. Trainers will need some familiarity with the content and concepts of the Human Rights Act 1998, EHRC ‘Close to home’ (Inquiry report 2011, Guidance for commissioners 2013, and Recommendations review 2013 documents (links on pages 5-6). It will also be helpful to have a working knowledge of related legislation, policy and guidance governing the commissioning and provision of home care services to older adults in their local community. This includes matters relating to the safeguarding of vulnerable adults, the Mental Capacity Act (2005) and the Equality Act 2010.
The ‘Information and training toolkit’ materials are designed to be used directly by elected members themselves, and also as resources or handouts during training. A thorough understanding of the whole Toolkitand how to navigate it is therefore essential for trainers.
Although there are a number of case examples included it will also be useful to elicit the experiences of learners (live data), local issues or situations and those which come from the trainers own practice. Using these ‘nuggets’ to consider how human rights obligations (including positive obligations) can be embedded into the planning, commissioning and delivery of home care could be more effective than pre-prepared or given examples.
This presentation is designed to be used with a minimum of specialist equipment or resources so that it can be delivered in a wide range of venues and to groups of varying sizes.
Context
In 2011 the Equality and Human Rights Commission published the results of an inquiry into older people and human rights in home care (Close to home. EHRC.2011). The inquiry focused on people who were 65+. Whilst acknowledging that many services were able to meet the needs of this group of adults, the findings also included some areas of great concern where human rights were threatened, which included:
- People not being fed or being left without access to food or water
- People being left in soiled clothes and sheets
- People being ignored by care workers, who talked over them whilst delivering personal care
- People being confined to their home or bedroom and unable to participate in their community.
One of the inquiry recommendations was that training should be provided to local authority elected members to support them in making policy decisions connected with their scrutiny function, in their roles on Health and Wellbeing Boards, as well as in leadership, and to maximise the promotion and protection of older peoples’ human rights.
Required resources
Slide deck – projected and/or printed
Flipchart and pens – these can be useful during exercises for delegates to record and share their discussions/conclusions
Documents / Abbreviation usedClose to home – An inquiry into older people and human rights in home care. (EHRC 2011) / EHRC. Inquiry
Guidance on human rights for commissioners of home care (EHRC 2013) / EHRC. Guidance
Close to home recommendations review (EHRC 2013) / EHRC. Review
ADASS Top Tips for Directors Commissioning and Arranging Home Care Services (2013)
/ ADASS.Top Tips
Commissioning for Human Rights in Home Care for Older People – An information and training toolkit for elected members (2014). / Toolkit
Handouts
- ECHR rights (‘Articles’) protected by the Human Rights Act
- ‘Your home care and human rights’ (EHRC September 2013).
- Learning Log and Action Plan
Programme outline and options
Human rights and home care for older people: a training session for elected members in England
- Introductions
- Aim and outcomes
- Learning agreement
- History of human rights and/or Myths and minefields
- Human Rights Act and/or Toolkit (training resource 3) review
- Legal duties
- World of social care
- Mainstreaming human rights
- Action plans
- Summary and evaluation
Equality and Human Rights Commission ·
Published February 2015
1
Commissioning for human rights in homecare for older people: Training session
Presentationplan
Activity / Resources / Approximate timings (minutes)INTRODUCTIONS AND DOMESTIC ARRANGEMENTS
Introductions will depend on whether delegates already know each other and the size of the group. Trainers can use any appropriate method to introduce themselves and group members to each other.
Domestic arrangements are important to ensure delegates’ health, safety and wellbeing. Depending on local circumstances trainers need to cover:
- Timings of the session, including breaks
- Access to refreshments
- Location of toilets
- Fire alarm, any drills planned and evacuation procedure
- Any individual access adjustments
Slide title:
Human Rights and Home Care for Older People / 5-10
AIM OF THE SESSION
Outline:
This slide sets out the expectations for the session. It is essential that delegates clearly know what is proposed and have an opportunity to compare this with their expectations or preconceptions.
Trainer’s notes
While presenting the Aim and Outcomes be aware of any response in the room. Is there any indication that this was not what was expected, or a sense of relief that this is at an introductory level?
Check whether this was what delegates expected and, if you feel confident, ask whether there are other outcomes that they would want. Be realistic about any requests or expectations – if you are not able to meet them then indicate that you can make a note of any needs and these could inform a further training session, or follow up by circulating relevant information.
Explain that the presentation will include information and exercises so that delegates can explore and increase their understanding using a variety of learning methods.
Trainers are not expected to be experts. Sources of support and further information are available. / Slide no:2
Slide title:
Aim of the presentation / 5
LEARNING AGREEMENT
Outline:
The purpose of a learning agreement at the start of a session is to clarify the expected ways of working of both delegates and the trainer.
These suggested ‘groundrules’ are likely to be familiar but are still important because they express the value base which also underpins the way in which home care for older people should be delivered.
Trainer’s notes
Trainers may wish to amend the slide to include suggestions which are pertinent to their particular circumstances.
Confidentiality, but….
In order to encourage an environment where learners feel safe to explore and express their thoughts and opinions it is important to emphasise that, in general, these stay ‘within the room’. All delegates and the trainer need to agree to this. If it is expected that the trainer will give any feedback on the sessions to those not present, this should be explained to the group, together with the limitations of this feedback (i.e. it will be in general terms and not identify any individuals).
It should also be explained however, that there may be an occasion when complete confidentiality cannot be assured; for example, if it becomes apparent that a child, young person or vulnerable adult could be at risk of abuse or neglect. In these instances, organisational policies and guidelines will determine the course of action that would need to be taken.
Respect
It should be acknowledged that delegates will probably hold a diverse range of opinions and beliefs regarding the topics under discussion. Whilst lively debate should be encouraged the trainer should remind delegates to ‘challenge the opinion, not the person’ and that challenges should be respectful.
No such thing as a silly question
Delegates can arrive at training sessions with anxiety about what they are expected to already know. By introducing this ‘ground rule’ they can be encouraged to seek clarification of issues they are unfamiliar with etc in a supportive environment.
Timekeeping
This presentation covers a lot of content in a short space of time and therefore debates may have to be curtailed inorder to cover the whole programme. It might be helpful to have a ‘parking sheet’ available so that these issues can be captured and returned to at a later date. Trainers may also like to introduce the ‘5 minute rule’ whereby, if a debate is not achieving any positive outcomes or needs to be rounded up, the group can agree that after 5 minutes the debate will be closed and the next topic introduced.
Responsibility for own learning/Taking action
The trainer’s role is to set up and manage the activities, to encourage participation and to share knowledge that will support elected members in their role. Delegates however, are responsible for the learning that they take from the presentation and they should be expected to think about what action they will take as a result of that learning. Draw delegates’ attention to the ‘Learning Log and Action Plan’ on the tables – this will be followed up at the end of the session.
Anything else
This is an opportunity for the delegates to add anything to the learning agreement that is important to them, for example finishing on time, or perhaps having a short break in the middle. Trainers may also like to take the opportunity to discuss the use of mobile phones etc. / Slide no: 3
Slide title:
Learning agreement / 5-8
HISTORY OF HUMAN RIGHTS
Outline
The UK has a very long history of promoting the rights of its citizens; human rights are not a new concept.
Trainer’s notes
Present the information below as an introduction to the subject of the Human Rights Act. Further historical facts can be added, for example – King Hammurabi (1792-150 BCE) whose Code included a presumption of innocence and opportunity to provide evidence.
Background information
The Magna Carta
The clauses of the Magna Carta still on statute are:
- Clause 1: the freedom of the English Church
- Clause 9: the ancient liberties of the city of London
- Clause 29: a right to due process (which is the legal requirement that the state must respect all of the legal rights that are owed to a person)
The Bill of Rights laid out certain basic rights for (at the time) all Englishmen. These included:
- No taxation by Royal Prerogative: the agreement of the parliament became necessary for the implementation of any new taxes
- Freedom to petition the monarch without fear of retribution
- No excessive bail or ‘cruel or unusual’ punishments may be imposed.
Crafted in the wake of the Second World war, which had witnessed some incredible acts of barbarism and cruelty, the Universal Declaration marked the first time that the rights and freedoms of individuals were set forth in such detail. It also represented the first international recognition that human rights and fundamental freedoms are applicable to every person, everywhere – ‘a common standard of achievement for all peoples and all nations’. The Declaration was adopted by the United Nations General Assembly on 10 December 1948. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The UK was one of nine key contributors to the original declaration.
The European Convention on Human Rights (‘the Convention’)
The European Convention on Human Rights and Fundamental Freedoms is a treaty signed in Rome in 1950 by the then members of the Council of Europe. The UK was amongst the first states to ratify the treaty, a founding member of the Convention, and was very influential in its design, reflecting the English common law perceptions of right. The Convention entered into force on 3rd September 1953 and established the European Court of Human Rights (ECtHR). Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them.
The Human Rights Act 1998(HRA)
This Act came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies (such as local governments, courts, police, hospitals, publicly funded schools, and others) and other bodies carrying out public functions have to comply with the Convention rights. This means, among other things, that individuals can take human rights cases in domestic courts; they only very exceptionally have to go to Strasbourg to argue their case in the European Court of Human Rights. The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. / Slide no: 4
Slide title:
The Human Rights Act – 750 years in the making! / 15
MYTHS AND MINEFIELDS
Outline:
The aim of this exercise is to provide a forum for discussion, whereby delegates can explore and dispel a number of commonly expressed myths associated with the Human Rights Act (HRA), while building confidence in responding to challenges.
Trainer’s notes
Slide 5 gives three examples of arguments against the HRA, and two possible methods for facilitating this exercise are given below.
Option 1 – Working in pairs/small groups
Ask delegates to work in pairs/small groups to discuss and record their thoughts about one of the statements. Allow about 5 minutes and then ask each pair/group to feedback to the whole group. After each feedback, encourage other delegates to offer their views on the statement.
Option 2 – Continuum
Designate one side of the room as ‘I agree with this statement’ the other side as ‘I do not agree with this statement’ and the space in between as ‘I have no strong feelings about this statement’.Read one of the statements out to the whole group and ask them to stand in whichever part of the room bests sums up their thoughts about it. Once they have positioned themselves, ask delegates to share with the group their reasons for standing where they did. Repeat this exercise with the remaining statements.
Note: Option 2 will probably take longer to facilitate than Option 1.If using Option 2 for this exercise, trainers may prefer not to show Slide 5, but to have the statements written on cards that they can refer to.
Note: Trainers will need to be aware and informed about any current cases or issues in the media. / Slide nos: 5-6
Slide title:
Myths and minefields / 15-25
Background information
Myth: The Human Rights Act only protects the rights of minority groups, illegal immigrants and criminals
Response: Human rights are universal and guarantee the rights that are fundamental to a democratic society. The HRA protects everyone in the UK equally, from birth and regardless of their citizenship or immigration status. Anyone could suffer from a breach of privacy, be wrongly accused of a crime or suffer a breach of their human rights because of poor decision making by a local authority. The HRA also puts positive obligations on the State to take active steps to prevent human rights breaches for people whose rights are at risk and respond to serious breaches that take place, for example by conducting an investigation.