An Analysis of Individual Rights and Safety in Health and Social Care

This report delves into the crucial aspects of individual rights within the health and social care (HSC) sector. It begins by defining individual rights, emphasizing the rights of service users, particularly the elderly and those with dementia, to respect, privacy, dignity, independence, and security. The report identifies key legislation, including the Human Rights Act 1998 and the Equality Act 2010, which protect these rights and prevent discrimination. It analyzes how these rights can be upheld through service user involvement, respect for diversity, and access to necessary services. The report also examines employee roles in maximizing service user safety through risk assessments and equipment management. Furthermore, it explores the importance of confidentiality, outlining measures to protect sensitive information as per the Data Protection Act 1998. The benefits of upholding these rights, such as legal compliance and enhanced reputation, are discussed. In conclusion, the report underscores the significance of a holistic approach to patient care that prioritizes individual rights, safety, and confidentiality to ensure high-quality service within HSC settings.

Individual Rights in Health and Social Care

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 An individual right to service user in Health and Social Care..........................................1
P2 Identifying the laws which protects the rights of service user .........................................2
M1 Analysing the way in which service users’ individual rights can beupheld in health and
social care...............................................................................................................................3
D1 Assessing the benefits and potential difficulties of upholding serviceusers’ rights in health
and social care........................................................................................................................3
TASK 2............................................................................................................................................4
P 2 Identifying the way employee can plan to maximise the safety of service user..............4
P3 Identifying the way right to confidentiality is protected in health and social care ..........4
M2 Importance of risk assessment in health and social care .................................................5
M3 Explaining the reason for the right to confidentiality is protected in health....................6
and social care,.......................................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The service users in a health care institution have several rights such as to be treated with
equality, right to get respect, privacy, dignity, protection from harm or risk. If service users are
aware about their rights, then in such case, they do not have to worry about getting disrespected.
Every individual has right to get appropriate medical treatment. As per the equality act which is
developed by government, it is essential for health care institution to treat equally to all patients.
In other words, discrimination policies within a health care institution can lead to legal obligation
of company. Rights are the factors which have direct as well as significant influence on the way
an individual is treated by medical staff.
The purpose of assignment is to identify as well as promote the rights of an individual’s
rights in Health and Social Care (HSC) setting.
TASK 1
P1 An individual right to service user in Health and Social Care
Many older people experience violation of their rights. It has been identified that older
people at later stage of their life are abused, neglected and provided with undignified treatment.
Human rights act provides several rights to older people. Various regulations as well as
legislations created by government force HSC institution to bring improvement in their practices,
procedures and policies. Equality Act 2010 and Human right legislation 1998, provides older
people with a tool which they can use when they think their rights are being violated and they are
being discriminated in terms of caste, age, dignity, gender etc. The different rights provided to
old aged people with dementia disease are:
Right to be respected- Every service user has the right to get respect.
To be treated as an individual as well as privacy- In given case scenario, old age people
suffering from dementia disease have the right to get the attention from the medical staff. These
patients have right to get special care as well as treatment. It is required by the HSC institution to
provide healthy, safe and respectful environment to patients and their families. Patients or
service user have right to communicate or avoid interaction with medical staff. They have right
to make telephone call. Service users are to be allowed to perform their routine activities.
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To be treated with dignity- This type of right includes recognising the interethnic value of
patient with dementia disease as an individual. It is required by medical staff in HSC setting to
support people with dementia disease in performing routine activities.
To get independence- Service users or patients with dementia disease have right to develop
their view, think, plan and take calculated risk and they also have right to make decision for
themselves. In delivering services or care to vulnerable people, it is very much difficult for
medical to make older people feel independent.
To demand for security -Service user has the right to demand for safety and security, during
their stay at hospital.
To be treated equally -according to human right and equality act, every service user has right to
get equal treatment and care in HSC setting (Lennon and et.al,. 2017)
P2 Identifying the laws which protects the rights of service user
Human right act 1998- As per this legislation, Human dignity is inviolable, it is required by
medical staff in a HSC institution to ensure that rights of all the patient with dementia disease in
HSC setting are protected as well as respected. In context of older people, they have right to live
their life with dignity and older people also have the right to participate in social as well as
cultural event in HSC setting.
Equality act 2010- Some of the people face discrimination and experience harassment due to
their age, special types of disability etc. Discrimination has the direct as well as significant
impact on the mental and physical health of service user. These types of activities can also have
major effect on ability of older people to perform specific task. Equality act was developed by
the government by considering the fact that many unethical practices and discrimination policies
adopted by the many of the HSC setting. Equality act providers older people as well as other
services a right to raise their voice again the discrimination and protect them from becoming the
victim of such type of misconduct. As per this legislation, a person is defined as being disabled if
service user or an individual have a physical or mental damage. It also dictates that the damage
or disability has a substantial as well as long-term harmful consequence on their ability to carry
out normal routine activities (Gunningham and Sinclair,2014)There should not be any
discrimination with the patient with dementia disease. People suffering from this type of disese
are to be treated equally like all other patients in hospitals.
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Information Act- As per this legislation, an individual has right to demand for confidential of
their information. Service user has also right to access information about mental or physical
condition as well as to know details about the treatment provided to them.
M1 Analysing the way in which service users’ individual rights can beupheld in health and social
care
Upholding the rights in order to control life
It is required by service user to get involved their own care. Service user has the right to
get engaged or participate in several activities and execute their routine activities independently.
Patients in HSC setting have right to communicate using their own language and to choose
method of interaction. It is required by HSC institution to facilitate practices as per prescribed
standards as well as follow code of conduct.
The medical staff in the HSC institution should support the service user in identifying as
well as developing the understanding about their rights. It is the duty of medical staff to ensure
that service user has access to services which is essential in order to improve physical or mental
health. Role of medical professional is to assist older people to regain or retain their right to be in
control. It is required by nurses or other medical staff to support service user in making
appropriate decision related their life or improving their health. Service user has right to seek
support from medical staff or other professional in situation when patient or their family face
difficulty in upholding rights.
Upholding the right to be respected as an individual
Medical staff in an HSC institution required to execute their role as well as fulfil their
responsibility in such a manner that represents the respect of diversity. It is the duty of medical
staff to allow as well as rights of an individual to communicate and share their values as well as
beliefs.
Medical professionals in HSC institutions are required to work in such a way that which
shows the respect for the service user privacy as well as dignity (Blewett and et.al., 2014 )
D1 Assessing the benefits and potential difficulties of upholding service users’ rights in health
and social care.
There are several factors which may impact or influence care which is provided by
service user to an individual such as complex or difficult situation, dementia; family
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circumstances, injury, learning disability, illness, poverty, communication barriers, substance
misuse, social deprivation etc.
The major benefit of upholding service user in health and care right in HSC setting is
elimination of legal obligations. It also helps medical companies in enhancing the brand image
and improving their reputation. These types of activities assist HSC institution in developing as
well as maintaining strong relationship with client (Darragh and et. al., 2016)
TASK 2
P 2 Identifying the way employee can plan to maximise the safety of service user
There are many accidents has taken plan in which employees, carers, and service users
has got injury due to using work equipment in HSC. It is required by medical staff to focus on
maintaining the equipment, duty of employees in HSC setting is to ensure that all the equipment
are handled by trained medical staff. As this activity will help in reducing the chances of
accidents and will aid in avoiding the risk. It is the role of employee to conduct risk assessment
before implementing the new procedure or method of treatment in HSC setting. It is function of
employees to design as well as make special arrangement for meeting emergency situations.
Function of employee or medical staff is to provide suggestion to the Learning and Development
Department on the content and scope of safety training. Employees can help the Operational
Directorates in providing training to other medical staff in order to support them in becoming
competent for undertaking risk assessments and other health as well as safety management
duties. Employees can take high initiatives to identify the area of improvement, by
communicating with service user. Medical staff can also suggest some specific actions which can
be used by management team for reducing the risk.An employee also can represent other medical
staff on discussions with management team or employer on health, safety or welfare issues
(Mollison, 2016 )s
P3 Identifying the way right to confidentiality is protected in health and social care
Indicators of effective health and social care practices include keeping a confidence
between the client and the practitioner. Data protection Act 1998 dictates that it is essential for
health as well as social care institution to kept the information about confidential , until and
unless it is necessary to disclosed. Confidentiality model is used by the health and social care
institution. As this hypothesis assists medical staff in developing the guidelines that are required
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be followed or considered in order to render service user with confidential services. Role of
record holders is to inform service user about the usage of their information. It is the
responsibility of record holder to take permission from patients or their family memberless
before disclosing information to other person. There are several measures adopted by record
holder in health and social care institution for maintaining the confidentiality of information
provided by patient and preventing such data from misuse. For instance some measures include
special type of procedures as well as system or policies are developed by management team in
health and social care institution for ensuring that all the medical staff , professional and other
employees within health care institution are aware about their roles as well as responsibilities
related to maintaining the confidentiality of information. It is the duty of record holder to ensure
the accuracy as well as consistency of information. Role of record holder is to inform service
user when their information is recorded as well as are accessed. Medical staff in health and
social care setting check that patients and service users are aware of the choices available to them
in respect their information can be disclosed. Medical staff and management team works together
in order to improve their practices. All the staff members in an organisation aware about the
issues related to the confidentiality and share their ideas, views as opinions in order to deal with
such type of problem (Way and Weeks, 2014)
M2 Importance of risk assessment in health and social care
Risk assessments is very essential in order to reduce accidents and avoid hazards. As per
the health and safety act , it is the duty of medical staff to perform risk assessment. As this will
help an enterprise in eliminating legal obligations. Risk assessment assist in identifying the
chance of occurrence of hazards, and it also supports management team in developing the control
plan .Risk assessment procedures also aid management team in minimising the chances of
damages. This process provide older people with dementia disease to live their life independently
and make their own decisions with required level of assistance by medical staff. It also helps
management team in health and social care institution in identifying the areas of improvement.
For instance,there can be change or improvement in working pattern or practices in order to
provide safety to patient or service user. Risk assessment process make people aware about the
several hazards which can take place and helps in development of plan which can be used for
avoiding mishaps. Objective of risk assessment process is to bring medical staff or management
team attention towards the activities or practices that can pose risk. It also helps management
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team in identifying the training need by workers in order to deal with difficult situation which
can arise (Paustenbach,2015)
M3 Explaining the reason for the right to confidentiality is protected in health
and social care,
The main the right to confidentiality is protected in health
and social care is to prevent the misuse of patient information. The another significant reason is
elimination of legal obligations. This activity also assist medical staff in developing as well as
maintaining trust. It also enables free flow of information between service user and medical
professional. Free and complete flow of information is essential in order to avoid medical errors
and to provide quality as well as effective care or treatment to patients (Grasso, 2016)
D2 Evaluating the significance of risk assessment in health and social care
The risk assessment in a health and social care setting is important in terms of avoiding or
reducing the chances of uncertain situation .For instance, working practices can be changed
to make them safer or they can be modified or more appropriate equipment
might be used for reducing the risk or chances of uncertainties. The assessment might indicate
the necessity for more
relevant training to employees in health and social care institution.
D 3 Identifying the occasions where is a need for an employee to breach confidentiality
The medical staff in a health and social care institution can breach confidentiality when a
patient required immediate treatment .A breach of confidentiality may be justified in the public
interest where failure to do so might expose the patient or others to risk of death or serious harm'
CONCLUSION
It has been concluded from the report that there are several rights which can be used by
the patients in order to get effective treatment , care and quality services. Assignment also
concluded that if services users are aware about their rights than they don't have to feel worry
about being disrespected. Study has highlighted the several methods , strategies which can be
used by medical staff in upholding the rights of services user. Report has successfully
demonstrated the importance of risk assessment procedure in health and social care setting.
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REFERENCES
Books and Journal;
Mollison, A., 2016. THE PUBLIC POLICY RESPONSE TO WORKPLACE BULLYING IN
AUSTRALIA: HAS ENOUGH BEEN DONE?.
Darragh, A. and et. al., 2016. Slips, Trips, and Falls in Homes: Home Health Care Workers at
Risk. American Journal of Occupational Therapy, 70(4_Supplement_1),
pp.7011515236p1-7011515236p1.
Blewett, V. and et.al., 2014. Strategic engagement: including youth in the development of the
Youth Work Health and Safety Strategy for South Australia. In Human Factors in
Organizational Design and Management XI: Nordic Ergonomics Society Annual
Conference Proceedings (pp. 711-716).
Gunningham, N. and Sinclair, D., 2014. Regulation by stealth: Codes of practice under
harmonised Work Health and Safety legislation.
Lennon, P. and et.al,. 2017. Root cause analysis underscores the importance of understanding,
addressing, and communicating cold chain equipment failures to improve equipment
performance. Vaccine. 35(17). pp.2198-2202.
Way, C. and Weeks, J. L., 2014. Making it personal: regime type and nuclear
proliferation. American Journal of Political Science. 58(3). pp.705-719.
Paustenbach, D. J., 2015. Human and Ecological Risk Assessment: Theory and Pactice. John
Grasso, M., 2016. Work health and safety resources and advice.
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