Cambridge Technicals Level 3 Health and Social Care U02 Lesson Element 2

LessonElement

Unit 2: Equality, diversity and rights in health and social care

LO3: Understand how current legislation and national initiatives promote anti-discriminatory practice in health, social care and child care environments

Identifying and presenting key aspects of legislation relating to supporting rights

Instructions and answers for tutors

These instructions cover the learner activity section which can be found on page 6. This Lesson Element supports Cambridge Technicals Level 3 in Health and Social Care.

When distributing the activity section to the learners either as a printed copy or as a Word file you will need to remove the tutor instructions section.

The activity

This lesson element aims to develop learners’ understanding of how current legislation and national initiatives promote anti-discriminatory practice in health and social care.

Learners could work in pairs to research a particular piece of the relevant legislation as listed in Activity 1 below. Their task is to summarise the key points of the legislation and highlight how individuals’ rights are supported. Presenting and sharing their work with each other will then allow the learning to be collaborative, giving value to everyone’s contribution.

Tutors could give guidance to learners regarding suitable resources to help with their research.

Suggested timings

Activity 1: 1 hour

Activity 2: 2 hours

Activity 3: 2 hours

Activity 4: 3 hours

Activity 1

Ask learners to work in pairs for this lesson element. Allocate each pair one of the five pieces of legislation or national initiatives to research (as listed below). Explain they will be expected to produce their learning in a way which allows them to share it with others.

Learners will need access to a computer and could begin by searching for relevant sources of information such as summaries of the legislation and commentaries by practitioners and advocacy groups. Tutors could offer guidance and advice.

Learners should narrow down the sources they have identified to those which will be most useful and accessible for them.

The Care Act (2014)

The Health and Social Care Act (2012)

The Equality Act (2010)

Version 11© OCR 2016

The Mental Capacity Act (2005) / The Children Act (2004) / The Data Protection Act (1998)

Information about all these are available on:

National initiatives

Activity 2

Learners’ research should focus on answering the questions:

What are the key points about the legislation?
How does the legislation support individuals’ rights?

Key points include:

The Care Act (2014)

Local authorities have a primary responsibility to promote individual wellbeing.
Shift from providing services to meeting needs and putting person at the centre.
Focus on preventing or delaying the need for support.
Support for carers who are family or friends.
Local authority must provide people with support and advocacy services.
Adult safeguarding means the local authority must act to protect adults at risk of being abused or neglected.
Range of providers offering choice of high quality services.
Information and advice available so that people can make their own decisions about their care and support.

The Health and Social Care Act (2012)

Aimed at tackling rising demand and treatment costs.
Aimed at improving the performance of the NHS.
Local clinical commissioning groups are responsible for health.
Putting clinicians in charge of shaping services means they should commission services to meet their local needs.
Patients are given greater freedom to choose services that meet their needs.
Greater opportunity for patients’ views to be heard and taken into account.
Easier access for private providers.

The Equality Act (2014)

Brought together previous legislation that protected people from discrimination.
Applies to everyone who provides a service to the public.
Everyone has a right to be treated with dignity and respect.
Prohibits discrimination on the grounds of ‘protected characteristics’: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Prohibits both direct and indirect discrimination, harassment and victimisation.
Public sector equality duty – To proactively eliminate unlawful discrimination, advance equality and promote cohesion.

The Mental Capacity Act (2005)

To empower and protect vulnerable people who are unable to make their own decisions.
All adults have the right to make their own decisions.
All adults should be assumed to have the capacity to make their own decisions unless proved otherwise.
Individuals have the right to support to help them make decisions.
When acting on behalf of someone without capacity, all decisions must be in their best interest.
Any intervention on someone without capacity should be that which is least restrictive of their basic rights and freedoms.
Restraint must be proportionate and only carried out when necessary to prevent harm.

The Children Act (2004)

Established role of Children’s Commissioner for England to advocate for their interests.
Cooperation between agencies must be promoted by local authorities to improve children’s wellbeing.
Safeguarding arrangements must promote children’s welfare.
Information should be shared between agencies.
Local authority has a duty to promote the educational achievement of looked after children.

The Data Protection Act (1998)

Controls use of personal information by public and private organisations.
Data must be used fairly and lawfully.
Data must be used for a specific purpose.
Data must be adequate, relevant and not excessive.
Data must be accurate.
Data must not be kept longer than is necessary.
Data must be kept securely.
Individuals have the right to find out what information organisations store about them.

Activity 3

Learners could identify how the legislation they have been researching impacts on individual lives e.g. in terms of meeting people’s needs, empowerment, giving people choice and control over the support they receive, ensuring services are accessible.

Learners could locate a case study that demonstrates the real impact of the legislation on an individual’s life.

Activity 4

Learners could plan and deliver a presentation to the group in order to share their learning.

Lesson Element

Unit 2: Equality, diversity and rights in health and social care

LO3: Understand how current legislation and national initiatives promote anti-discriminatory practice in health, social care and child care environments

Learner Activity

Identifying and presenting key aspects of legislation relating to supporting rights

This lesson element aims to develop your understanding of how current legislation and national initiatives promote anti-discriminatory practice in health and social care.

You will work in pairs to research a particular piece of the relevant legislation as listed in the teaching content. Your task is to summarise the key points of the legislation and highlight how individuals’ rights are supported. You will present and share your work with each other to give you the opportunity to learn collaboratively with your peers and to respect individual contribution.

Activity 1

You will work in pairs for this lesson element. You will be allocated one of the five pieces of relevant legislation to research. You will be expected to produce evidence of your learning in a way which allows you to share it with others.

You will need access to a computer and could begin by searching for relevant sources of information such as summaries of the legislation and commentaries by practitioners and advocacy groups.

You should narrow down the sources you have identified to those which will be most useful and accessible for you.

Activity 2

Your research should focus on answering the questions:

1. What are the key points about the legislation?

2. How does the legislation support individuals’ rights?

Activity 3

Find out how the legislation you have been researching impacts on individual lives e.g. how does it meet people’s needs? How are people empowered? How does it give people choice and control? How does it ensure services are accessible?

Locate real life examples that demonstrate the impact of the legislation on individual lives.

Activity 4

Plan and deliver a presentation to the group in order to share your learning with others.