National care standards - care homes for people with physical and sensory impairment

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 (Scotland) 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 Community Care (Direct Payments) Act 1996

This came into force in 1997. It allows local authority social work departments to give disabled people a Direct Payment to enable them to buy the community care services they have been assessed as needing.

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 Records 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.

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.

Other useful reference material

Before moving in

Informing and deciding

Morris J (1993) Community Care or Independent Living: York: Joseph Rowntree Foundation.

Office of Fair Trading (1998) Choosing a Care Home. London: Office of Fair Trading.

Oldham C (2000) Blurring the boundaries: A fresh look at housing and care provision for older people York: Joseph Rowntree Foundation Pavilion Publishing.

Physical environment

Centre for Accessible Environments (1998) The Design of Residential and Nursing Homes for Older People (Health Facilities Notes HFN19). Leeds: NHS Estates on behalf of the Centre for Accessible Environments.

Department of Health and Social Security; Welsh Office (1973) Residential Accommodation for Elderly People. Local Authority Building Note No. 2 revised edition. London: HMSO.

Peace, S, Kellaher, L and Willcocks, D (1982) A Balanced Life? A Consumer Study of Residential Life in One Hundred Local Authority Old People's Homes, Research report No. 14, Social Research Unit, Polytechnic of North London.

Public Health Medicine Environment Group (1996) Guidelines on the Control of Infection in Residential and Nursing Homes, London: Department of Health.

Torrington, J (1996) Care Homes for Older People. London: E&FN Spon.

Management and staffing arrangements

Burton, J (1998) Managing Residential Care, London: Routledge.

Centre for Environmental and Social Studies in Ageing (1992) Inside Quality Assurance - the IQA Pack, London: Centre for the Environmental and Social Studies in Ageing: CESSA, Information Design Unit.

Centre for Policy on Ageing (1994) Home Ground: How to Select and Get the Best out of Staff: A Home-based Scheme Designed for the Managers and Heads of Residential Care Homes. London: CPA.

Health and Safety Executive (2001) Health and Safety in Residential Care Homes ( HS(G)220). Sudbury: Health and Safety Executive.

Payne, C (1994) Evaluating Quality of Care. London: NSW.

Residential Forum (1997) Managing a 'Home from Home': a Companion to 'Creating a Home from Home' - A Guide to Standards. London: Residential Forum.

Residential Forum (1998) Training for Social Care: Achieving Standards for the Undervalued Service: A Report on the Training and Staff Development for People Working in the Residential Care of Adults. London: NISW.

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.

Day-to-day life

Eating well

Caroline Walker Trust (1995) Eating Well for Older People: Practical and Nutritional Guidelines for Food in Residential and Nursing Homes and for Community Meals. London: Caroline Walker Trust.

Keeping well - medication

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

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).

Daily life

Jewell, A (ed) (1998) Age Awareness: Understanding the Spiritual Needs of Older People. Derby: Methodist Homes for the Aged; Christian Council on Ageing.

Jones, A, Phillips, M, Maynard, C (1992) A Home from Home: The Experience of Black Residential Projects as a Focus of Good Practice. London: NISW; Race Equality Unit.

Ward, C (1998) Preparing for a Positive Future. Chesterfield: Association for Residential Care.

Support and care in dying and death

Counsel & Care (1995) Last Rights: A Study of how Death and Dying are Handled in Residential Care and Nursing Homes. London: Counsel & Care.

National Council for Hospice and Specialist Palliative Care Services (1997) Changing Gear - Guidelines for Managing the Last Days of Life in Adults. London: NCHSPC.

Volunteers

Engaging Volunteers - A Good Practice Guide (1995 reprinted 1998) volunteer Development Scotland.

Framework for Volunteering - Policy and Procedures in Voluntary Organisations (1998) Volunteer Development Scotland.

Protecting Children (1995) Volunteer Development Scotland.

The Scottish Compact (1998) The Scottish Office.

General good practice guides

Centre for Policy on Ageing (1984) Home Life: A Code of Good Practice, Report of a Working Party under the chairmanship of Kina, Lady Avebury. London: Centre for Policy on Ageing.

Centre for Policy on Ageing (1996) A Better Home Life: A Code of Good Practice for Residential and Nursing Home Care, Report of an Advisory Group under the chairmanship of Kina, Lady Avebury. London: Centre for Policy on Ageing.

Department of Health (1989) Homes are for Living in: A Model for Evaluating Quality of Care Provided, and Quality of Life Experienced, in Residential Care Homes for Elderly People. Social Services Inspectorate. London: HMSO.

National Association of Health Authorities and Trusts (1999) Registration and Inspection of Nursing Homes: A Handbook for Health Authorities Supplement. Birmingham: NAHAT.

Residential Forum (1996) Create a Home from Home: A Guide to Standards. London: NISW.