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Balancing individual rights with the rights of others

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Balancing individual rights with the rights of others

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Staff members within any care home must balance the rights of individuals. This can commonly be quite challenging if individuals clash with one another however staff members are correctly trained to deal with these situations.

For example, the right 'freedom of speech' is commonly challenged as individuals within a care home will all have their own individual opinions. This means that some people within the care home in order to respect other people rights and opinions, would have to keep their opinions to themselves to not compromise other peoples rights.

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Dealing with conflict and tensions staff members is apart of every day life within care homes.

In some cases the tensions may be between fellow service providers and service user. Regardless of this, no matter what the situation is, a resolution must always occur and always be in the service user(s) best interest.

The main way in which staff learn how to deal with issues within  their care home is to arise to their daily work in a positive and successful manner. This is commonly done through staff development, e.g. training, education and workplace experience.

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Putting the patient/service user at the heart of service provision

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Putting the patient/service user at the heart of service provision

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Promoting equality and rights will then put the service users at the heart of provision in the care home service. All planning in a care home has to involve the residents and based around their specific needs. Different residents in the home can have different needs to others and want different things, the key principles that the care home must adhere to include:

1. Promoting the individuals right.

2. Empowering all service users.

3. To promote any anti-discriminatory ptactices.

4. To provide all service users with active support.

5. Also to offer a range of choices to the residents and ensure they have good well-being.

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Social Care Institute for Excellence (SCIE)

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A quick video based on the five principles of the Mental Capacity Act 2005

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Social Care Institute for Excellence (SCIE)

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Mental Capacity Act: Respecting the right to make unwise decisions *MV

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The Mental Capacity Act 2005 was designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment. This is extremely beneficial towards any care home service as the staff will support individuals to ensure they are able to express their needs and chosen preferences.

This act ensures that everyone has the right to make their own decisions. Health and
care professionals should always assume an individual has the capacity to make
a decision for themselves, unless it is proved otherwise through an assessment.

These are some of the examples of those who could potentially lack capacity;

Those who suffer from
dementia - this relates to a care home environment as many individuals within care homes may suffer from dementia and so care service providers will have training on the Mental Capacity Act and will then have the correct training in order to treat those who suffer from this in the correct way.

Those who have a severe learning disability - in relation to a care home many elderly residents may suffer from learning disabilities and so with the correct training on the Act, care service providers will be able to treat and handle these individuals in the correct way/manner.

Those who have a brain injury.

Those who have a mental health condition - within a care home environment many individuals may suffer from Mental Health conditions, so with the correct training and education, the care service providers will  be able to correctly care for the elderly residents.

Those who have suffered a stroke

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Linking the Code of Conduct with a care home

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Linking the Code of Conduct with a care home

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This Code of Conduct will allow service users in the home to know the standards they expect from adult social workers and healthcare support workers. This Code of Conduct aims for all service users to have the confidence that they will be treated with respect, dignity and also compassion at all times.

In a care home the staff must follow seven steps to support the care of residents. The seven steps involves:

1. Being responsible for their actions/omissions.

2. Upholding and promoting privacy, health and wellbeing of all residents and other staff at all times.

3. Working well with other care workers to ensure there is a good standard of high quality compassionate and safe health care, care and support.

4. Being able to communicate openly and effectively in order to promote safety, health and wellbeing of all residents and care workers.

5. Provide confidentiality to residents.

6. Work to improve the quality of health care, care and support through staff training and professional development.

7. Promote equality, diversity and inclusion, and also uphold it.

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1. The first example is staff training and development, this would be important within a care home as it outlines the roles and responsibilities for care workers. Staff are able to learn and develop their working skills, and workers can become more specialised with the work they're doing as training is depended on the area of employment. So an example of this could be care workers who work in a care home with residents who have mental health will be trained specifically for mental health.

2. The second example of a policy would be the complaint policy, this is important in a care home because it means that the family and friends of residents who feel as though the care of the patient is not enough or isn't good enough and want to complain, and make complaints they are allowed to do so. This is important because it means that the care of the residents can be improved by reacting to the complaints.

3. The last example is the confidentiality of residents within a care home, this means that residents within a care home should have privacy with their own personal information and this can make residents feel safe and trust care workers if their information is not being given out. And by giving residents privacy of their own information about their health and care it means that no one can breach their information or it cannot be stolen.

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A policy is a principle adopted by an individual or
organisation. They are designed to provide guidelines and framework for the
actions of an organisation when dealing with specific situations; it can be
written or provided online. It will give an organisation its boundaries when
dealing with service users and tell them what they can and cannot do when
caring for patients.

A policy or procedure will usually relate to a specific
area, which includes: work safety, purchasing or management. A policy could also
be written for service users telling them the ways that they should behave to
ensure exclusive practice; an example could be the visitors in a school. An
organisations policies and procedures will help to keep consistent operation
within the organisation when dealing with misunderstandings or particular
situations. There will be fewer disputes with a policy and procedure in place
as they are limited to the decisions that can be made.

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Code of Conduct for healthcare support workers and adult social care workers in England

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Code of Conduct for healthcare support workers and adult social care workers in England

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The Code of Conduct sets the standard of conduct expected of all adult social care workers and healthcare support workers in England.

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As well as this, it also ensures that
the family members of the individuals in the care service are completely satisfied with the care which is being provided. This also relates to the reviewing of care plans every 3 months which is beneficial as the individual(s) whose family or friend(s) are in care can change actions or types of care to ensure that the care which is being provided will only benefit the individual(s) within the care setting. For example, if an individual or an elderly resident is under the Mental Capacity Act and suffers from dementia, the care providers will know how to deal with this and will know how to correctly care for the individual with the best interest which will only benefit them.

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The Human Rights Act 1998 is a UK law that was passed in 1998.  In a care home, the service users rights are protected under this Act to ensure anti-discriminatory practice. This means that staff must be informed of The Human Rights Act 1998 to ensure that they are not infringing individuals rights and are treating the service users with the highest quality of care. For example, the staff would ensure that they undergo many different methods of staff training surround The Human Rights Act 1998. This includes e-learning, role plays and appraisal. This allows staff to identify and challenge discrimination if it ever was to happen under this Act in a care home. Some rights that are protected under the Act include rights to education, freedom of expression and non-discriminatory practice; all of these rights apply and work effectively within a care home. In a care home, The Human Rights Act 1998 protects people in as it stops residents and service users from having their rights breached; their rights are protected under this Act. For example, because the service users are promoted by having the right to not be treated in an inhuman or degrading way, care workers could ) ensure the residents personal care is not carried out in view of other people as this would be degrading for the service user. The Act would also support residents in the care home when they want to practice their own religions and beliefs. One right individuals have is to practice their own religion because of The Human Rights Act 1998. This means that if a service user was being discriminated against for being of a different religion to the majority, the care home would ensure that they promote active support that is consistent with the beliefs, culture and preferences of the individual. The Act also protects their right to respect for private and family life; an important aspect when living in a care home. This means that personal information such as medical or financial records will be kept confidential from care workers or other members of staff within the care home. There is also the right for independent living within the care home which respects the service users right for privacy. Relating to fair trial, if a service user believes their rights have been compromised they have the right to complain within public bodies about the care home. Therefore, The Human Rights Act 1998 protects the rights service users have within the care service as it promotes anti-discriminatory practice.

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A main way in which a care service promotes anti-discriminatory practice is by letting the families of the individuals who are in the care service have an introduction to the Mental Capacity Act. This is a way in which the service promotes anti-discriminatory practice as the individuals whose family members are in care are then aware of the rights they have. This would benefit them as they would then be able to understand when care is not done correctly, e.g. if the individual(s) within this service are not receiving the right amount of care, they will be aware of the rights they have and actions which could potentially be taken to stop this happening.

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Within basic human rights individuals should be protected from harm and danger within services, this could be individuals being protected from abuse by others. This type of abuse will include sexual, physical, verbal and bullying/neglect.

In a care home this human right is important because many residents may feel as though they are being bullied by carers or other residents. This could be because residents feel as though they receive less care than others and so they are less liked by staff making them feel uncomfortable; this could also make the resident feel like they're being neglected by staff if they feel as though they are less liked.Or other residents can make residents feel ucomfortable and not welcomed within the home.

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Linking the Equality Act 2010 with a care home

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Linking the Equality Act 2010 with a care home

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This Act is important in a care home because it means that all residents are treated the same and will be treated with the same amount of care. Also this Act puts the service users at the heart of service provision It means that no resident will receive more or less care than others if they are seen as differently because of their protected characteristics for example disability. Because of this Act residents within a care home will be provided with the care that is needed by them so care workers are meeting their personal care needs, and no resident will be given more or less care if they are given the care they want.

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Relating to a care home this would mean that residents who choose the type of care that they would like should not be declined. By listening to the residents and letting them choose the type of care that they want the service is thinking about each residents best interests.

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Everyone has the right to be cared for in a way that meets their needs no matter where they are or who they are. This right ensures that care service users receive the care that they deserve and that it meets their personal needs.

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HOW IS ANTI-DISCRIMINATORY PRACTICE PROMOTED IN THE HEALTH AND SOCIAL CARE SETTING OF A CARE HOME

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HOW IS ANTI-DISCRIMINATORY PRACTICE PROMOTED IN THE HEALTH AND SOCIAL CARE SETTING OF A CARE HOME