National care standards support 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 her or him;
• take account of the person's wishes and those of her or his 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 her or him; 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 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.

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 (Care and Treatment) (Scotland) Act 2003

This Act sets out how a person can be treated if they have a mental illness and what their rights are.

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.

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.

Other useful references

Learning Disability Quality Indicators, Scottish Health Advisory Service, 2000.

Older People's Quality Indicators, Scottish Health Advisory Service, 2000.

Responding to Challenge, Social Work Services Inspectorate, 1995.

Involving Disabled People In Services, Social Work Services Inspectorate, 1996.

Time Well Spent - Day Services for People with Mental Illness, Social Work Services Inspectorate, 1995.

Moving into the Mainstream: Inspection of Services for Adults with Learning Disabilities, Social Services Inspectorate, 1998.

Independent Advocacy, a guide for Commissioners: a guide for health boards, NHS Trusts, local authorities and anyone involved with advocacy, Scottish Executive, 2000.

The Commissioning Maze: commissioning community care services, Accounts Commission for Scotland, 1997.

The Same As You? Scottish Executive, 2000.

Outcomes of Social Care for Disabled People and Carers, University of York, 1991.

Assessment Systems and Community Care, Department of Health, Social Services Inspectorate, 1991.

Signposts for success in commissioning and providing health services for people with learning disabilities,NHS Executive, 1998.

Generic Standards, Clinical Standards Board for Scotland, January 2001.

Challenging and Inappropriate Sexual Behaviour In People with Learning Disabilities, Scottish Office, 1998.

New Directions: Day Services for People with Learning Disabilities in the 1990s, University of Exeter, 1999.

Essence of Care, Department of Health, 2001.

Restraint of Residents with Mental Impairment in Care Homes and Hospitals, The Mental Welfare Commission.

If you don't ask you don't get, Scottish Executive, 2001.