National Care Standards: Adult Placement Services

Annex B

Useful reference material

Legal

The Adults with Incapacity (Scotland) Act 2000

Under this Act anything that is done on behalf of an adult with incapacity will have to:

• benefit him or her;
• take account of the person's wishes and those of his or her nearest relative, adult placement carer, guardian or attorney; and
• achieve the desired purpose without unduly limiting the person's freedom.

The Data Protection Act 1998

The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

The Disability Discrimination Act 1995

This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

Fire Precautions (Workplace) Regulations 1997 (as amended)

The Regulations place a responsibility on employers for carrying out risk assessments in relation to premises. The risk assessment is a means of providing fire precautions for the safety of people using the premises.

The Health and Safety at Work etc Act 1974

The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.

The Human Rights Act 1998

The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

• freedom of thought, conscience and religion;
• freedom of expression;
• freedom of assembly and association;
• the right to have respect for private and family life; and
• the right to marry.

The Mental Health (Scotland) Act 1984

Currently under review, the Act provides for the compulsory detention and treatment of people with a mental disorder.

The Misuse of Drugs Act 1971

The Act is the main law for drug control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Public Interest Disclosure Act 1998

The Act protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976

The Act makes racial discrimination illegal in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000

The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001

The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

You can visit these websites for information:

• Regulation of Care (Scotland) Act 2001
  www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm
• Regulation of Care (Scotland) Act 2001 Statutory Instruments
  www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm

The Rehabilitation of Offenders Act 1974

The Act enables some criminal convictions to become 'spent' or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.

The Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland 1999

The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high-quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

The Way Forward For Care

The Scottish Executive Policy Position Paper of July 2000 develops the proposals set out in Aiming for Excellence. It includes proposals for regulating independent healthcare.

Our National Health 2000

The health plan aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

Renewing Mental Health Law 2001

The Scottish Executive's proposals for changes to existing legislation arising from its consideration of the Review of the Mental Health (Scotland) Act 1984.

The same as you? 2000

A review of services for people with learning disabilities published by the Scottish Executive (2000).

Other useful reference material

General

Bersani, H.A. (1990) Family monitoring: Making sure a house is still a home. In V.J. Bradley & H.A. Bersani (eds.) Quality Assurance for Individuals with Development Disabilities: It's everybody's business. Baltimore MD: Paul Brookes, pp. 77-91.
British Institute of Learning Disabilities (1998) Working with Older Adult placement carers: Guidance for Service Providers on Learning Disability. Kidderminster: BILD.
Cambridge, P. (1996) Sexuality and Sexual Rights of People with Learning Disabilities. Kidderminster: BILD.
Campbell, M., Cullen, C., Hogg, J. & Hudson, W. (1997) Approaches to Sexual Abuse of Adults with Learning Disabilities: Units 1-4. St. Andrews: University of St. Andrews.
Cavet, J. (1995) Sources of information about the leisure of people with profound and multiple disabilities. In J. Hogg & J. Cavet (eds.) Making Leisure Provision for People with Profound and Multiple Learning Disabilities. London: Chapman & Hall, pp. 3-35.
Craft, A. (ed.) (1994) Practice Issues in Sexuality and Learning Disabilities. London: Routledge.
Dean, J. & Goodlad, R. (1998) Supporting Community Participation: The role and impact of befriending. Brighton: Pavilion Press.
Dowson, S. (1990) Keeping it safe: Self-advocacy by people with learning difficulties and the professional response. London: Values Into Action.
Emerson, E. (1995) Challenging Behaviour: Analysis and intervention in people with learning difficulties. Cambridge, Cambridge University Press.
Enable ( ND) Stop It! Bullying and harassment of people with learning disabilities. Glasgow: Enable.
Fitton, P. (1994) Listen to Me: Communicating the needs of people with profound intellectual and multiple disabilities. London: Jessica Kingsley.
Harris, J., Allen, D., Cornick, M., Jefferson, A. & Mills, R. (1996) A policy Framework to Guide the Use of Physical Interventions (Restrain) with Adults and Children with Learning Disability and/or Autism. Kidderminster: British Institute for Learning Disabilities.
Lambe, L. (1998) Supporting families. In P. Lacey & C. Ouvry (eds.) People with Profound and Multiple Learning Disabilities: A collaborative approach. London: David Fulton, pp. 167-183.
Lambe, L. & Hogg, J. (2000) Creative Arts and People with Profound and Multiple Learning Disabilities. Brighton: Pavilion Press.
Lehr, S. & Lehr, R. (1990) Getting what you want: Expectations of families. In V.J. Bradley & H.A. Bersani (eds.) Quality Assurance for Individuals with Development Disabilities: It's everybody's business. Baltimore MD: Paul Brookes, pp. 61-75. (Written by parents.)
Mental Health Foundation (1996) Building Expectations: Opportunities and services for people with a learning disability. London: Mental Health Foundation.
Scottish Accessible Information Forum (1999) Standards for Disability Information and Advice Provision in Scotland. Glasgow: Scottish Consumer Council.
Scottish Executive (2000) Implementing Inclusiveness: Realising Potential. (The Beattie Committee Report). Edinburgh: Scottish Executive.
Simons, K. (1996) Whose Home Is This? Brighton: Pavilion Press.
Swain, J., Finkelstein, V., French, S. & Oliver M. (eds.) (1993) Disabling Barriers - Enabling Environments. London: Sage.
Health Topics
Messent, P., Cooke, C. & Long, J. (1999) What choice?: A consideration of the level of opportunity with mild and moderate learning disabilities to lead a physically active lifestyle. British Journal of Learning Disabilities, 27, 73-77.
Robertson, J., Emerson, E., Gregory, N., Hatton, C., Turner, S., Kessissoglou, S. & Hallam, A. (2000) Lifestyle related risk factors for poor health
in residential settings for people with intellectual disabilities. Research in Developmental Disabilities, 21, 469-486.
Epilepsy
Sterrick, M. & Foley, J (1999) Educating lay carers of people with learning disabilities in epilepsy awareness and in the use of rectal diazepam: a suggested teaching protocol for use by health care personnel. Health Bulletin, 57, 198-204.
Obesity
Rimmer, J.H., Braddock, D. & Fujiura, G. (1993) Prevalence of obesity in adults with mental retardation: Implications for health promotion and disease prevention. American Journal of Mental Retardation, 31, 105-110.
Dysphagia
Kennedy, M., McCombie, L., Dawes, P., McConnell, K.N. & Dunnigan, M.G. (1997) Nutritional support for patients with intellectual disabilities and nutrition/dysphagia disorders in community care. Journal of Intellectual Disability Research, 41, 430-436.
Dementia
Janicki, M.P., McCallion & Dalton, A.J. (1999) Supporting People with Dementia in Community Settings. In M.P. Janicki & E.A. Ansello (eds.) Community Supports for Older Adults with Lifelong Disabilities. Baltimore: MD: Paul Brookes.
Restraint
Mental Welfare Commission (1998) Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.
Centre for Residential Child Care (1995) Physical Restraint - Practice, Legal, Medical & Technical Considerations. Glasgow: Centre for Residential Child Care.
Harris, J., Allen D., Cornick, M., Jefferson, A. & Mills, R. (1996) Physical Interventions: A policy framework. Kidderminster: British Institute of Learning Disabilities.
Administration of medicines
Guidelines for the administration of medicines,UK Central Council for Nursing, Midwifery and Health Visiting, October 2000.
Position statement on the covert administration of medicines,UK Central Council for Nursing, Midwifery and Health Visiting, September 2001.
Royal Pharmaceutical Society of Great Britain (2001) The Administration and Control of Medicines in Care Homes. Royal Pharmaceutical Society of Great Britain.