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After Lunch, please continue with your second padlet

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Have a break before returning to the next tasks!

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1. Legal and professionals issues in CWP working.

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1. Legal and professionals issues in CWP working.

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Before getting started consider the various legal and professional issues that may be implicated in your role as a practitioner. Compare this to previous job role.

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The issue of consent will feature heavily in your role as a practitioner and is a key competency. A case related to consent and CYP competence which has influenced the Law has resulted in 'Gillick competency' and 'Fraser Guidelines'. Have a read through the following fact sheet and notice the implications of this (particularly Gillick competency) with your role and the young people you work with.

Consider any experiences from previous roles related to competence and consent (adhering to confidentiality, of course!). Think about these experiences and how you overcame these in your role and services.

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Please follow the link below to the next Padlet. There will be three scenarios - please read through them and reflect on the main issues that arise and how you might overcome them as a practitioner within your service/setting.

https://padlet.com/k_saville/sn64mbv29a95

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...will affect all of your work within your organisation. There are different types of data:

1. Personal data means data which relates to an individual who can be identified: Name, Address, Postcode, Date of Birth, NHS Number.

2. Sensitive Data is any data that reveals: (a)the racial or ethnic origin of the data subject, (b) their political opinions, (c) their religious beliefs or other beliefs of a similar nature, (d) whether a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992), (e) their physical or mental health or condition, (f) their sexual life, (g) the commission or alleged commission of any offence, or (h) any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings.

The law allows personal data to be shared between those offering care directly to patients but it protects patients’ confidentiality when data about them are used for other purposes.

HOMEWORK TASK: Check your organisations policy on Information Governance!

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4. Which legal factors might constrain choices by a child or young person?

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4. Which legal factors might constrain choices by a child or young person?

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Consider the information from box two and three, what are your reflections and thoughts?

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Civil law is a way of resolving disputes or conflict between opposing parties, rather than criminal law, which deals with offending behaviour. This is normally breaks down as;

1.Legislation which is passed by parliament
key examples relevant to CYP mental health are - Mental Capacity Act

2.Case law which is passed by courts

for example, Gaskin Case 1990, decided that young people had a right to access their own education, social work and personal files. Graham Gaskin, in care from a very young age, brought a partially successful case at the European Court of Human Rights to gain the right of access to his own social work file

3.Common law - custom and practice built up over decades by judges on various cases.
Common law very relevant to CYP is Confidentiality - for example, the obligation to keep personal information private.

‘The public interest’ such as the right to disclose such information for the good of society to prevent harm

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2. Legal Frameworks relating to working with CYP

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2. Legal Frameworks relating to working with CYP

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The General medical Council (GMC) offers guidance for working with CYP. This covers issues such as confidentiality, managing communication and involving the CYP in shared decisions. There are other guidelines which can be consulted for legal and professional issues. Have a read through some of the information covered in this guidance and assess the cross over into your work as a practitioner.

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This piece of guidance will help you make decisions that are ethical, lawful and for the good of children and young people from birth to their 18 th birthday.

Acting in the best interests of the child or young person should be the guiding principle in your decision making. But identifying their best interests can be challenging. This guidance sets out ways to explore what's important to the young person and how to involve their family and others close to them in sensitive and complex decisions. It also gives advice on approaches to communicating effectively across the team and with the child and their family or carers to make sure you gather relevant information.

This guidance will help you decide what to do if parents want to access their child's medical records or where there's a disagreement about treatment options. And it gives details of when you can provide contraceptive, abortion and STI advice and treatment, without parental knowledge or consent, to young people under 16.

There's also a section dedicated to helping you assess a young person's capacity to consent, and what to do if a young person refuses treatment. The section on confidentiality stresses how important it is that children and young people are able to access care in confidence. But it also recognises there may be times when you have to share information, particularly if the welfare of a child or young person is at risk.

This guidance was updated on 8 April 2018. We amended paragraph 56 and removed paragraphs 57-63 which refer to child protection, as this is covered in our guidance Protecting children and young people: the responsibilities of all doctors. The remaining paragraphs have been re-numbered.

This guidance was updated on 25 May 2018 to reflect the requirements of the General Data Protection Regulation and Data Protection Act 2018.

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This piece of guidance will help you make decisions that are ethical, lawful and for the good of children and young people from birth to their 18 th birthday. Acting in the best interests of the child or young person should be the guiding principle in your decision making.

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Today's Padlet will be supporting you to explore Legal and Professionals issues related to working as a practitioner. The aim of today's tasks and activities are to allow understanding of the various legal and ethical issues that are implicated in working with Children and Young People. this is designed to be an individual flipped learning task, which map on to later teaching dates - (legal and professional issues is covered during several subsequent teaching sessions, the afternoon content maps on to information giving day).

Please log in and comment in the comments box with your name to register attendance. Questions are designed to get you thinking individually rather than prompting a response.
Please contact your academic tutor if you have any additional questions on todays content.