National Care Standards: Care homes for people with drug and alcohol misuse problems

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, carer, guardian or attorney; and
• achieve the desired purpose without unduly limiting the person's freedom.

The Children Act 1995

The Act puts children first. Each child has the right to:

• be treated as an individual;
• form and express views on matters affecting him or her; and
• be protected from all forms of abuse, neglect or exploitation.

Parents and local authorities have rights and responsibilities in achieving the balance of care.

The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000

This order requires that owners of properties let on a multiple occupancy basis must acquire a licence from the relevant local authority. The licence is only issued where the property meets the required standards and the landlord has necessary management policies in place.

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 2000

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 drugs 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 Police Act 1997

Part V of the Police Act 1997 was implemented in April 2002. This provides for the Scottish Criminal Record Office to issue criminal record information certificates to individuals and organisations.

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 UN Convention on the Rights of the Child

The Convention is not a law but a code that the Government signed up to in 1991. It recognises that young people under 18 in Scotland do have rights. These rights must be given fairly, and children and young people must be kept safe and well, and able to take part in society.

Restraint

Harris, J., Allen D., Cornick, M., Jefferson, A. & Mills, R. (1996) Physical Interventions: A policy framework. Kidderminster: British Institute of Learning Disabilities.

Mental Welfare Commission (1998) Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.

Administration of medicines

UKCC (2000) Guidelines for the administration of medicines. (Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

UKCC (2001) Position statement on the covert administration of medicines. Central Council for Nursing, Midwifery and Health Visiting ( UKCC)

Royal Pharmaceutical Society of Great Britain (2001) The Administration and Control of Medicines in Care Homes

Health and Safety

Health and Safety Executive (2001) Health and Safety in Care Homes

Other useful reference material

National Quality Standards for Substance Misuse Services published by the Scottish Executive 2006

These standards apply to all services provided to people who misuse alcohol or drugs. They are the starting point in developing a robust monitoring system and evaluation framework which will support providers to evidence, assess, and improve the quality of their service provision. It is envisaged that through compliance with these standards services can demonstrate the quality of their provision, enabling commissioners to make considered funding decisions.