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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 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 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, 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:
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
Office of Fair Trading (1998)
Choosing a Care Home. London: Office of Fair
Trading.
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.
Inspection Control in Adult Care Homes: Final
Standards (2005). Health Department, Scottish Executive.
Torrington, J (1996)
Care Homes for Older People. London: E&
FN Spon.
Management and staffing
arrangements
Accounts Commission for Scotland (1999)
Care in the Balance: Evaluating the Quality and Cost of
Residential and Nursing Home Care for Older People.
Accounts Commission.
Bland, R, Cheetham, J, Lapsley, I and Llewellyn, S
(1992)
Residential Homes for Elderly People: Their Costs and
Quality. Edinburgh: Scottish Office.
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 (1993)
Health and Safety in Residential Care Homes (
HS(G)104). 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.
VOICES (1998)
Eating Well for Older People with Dementia: A Good
Practice Guide for Residential and Nursing Homes and Others
Involved in Caring for Older People with Dementia.
Potters Bar: VOICES; Gardner Merchant Healthcare
Services.
Keeping well - medication
Levenson, R (1998)
Drugs and Dementia: A Guide to Good Practice in the Use
of Neuroleptic Drugs in Care Homes for Older People.
London: Age Concern England.
Royal College of Physicians (1997)
Medication for Older People. A Report of a Working
Party of the Royal College of Physicians under the
Chairmanship of M J Denham. London: Royal College of
Physicians of London.
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
Benson, S (ed) 1998
The Care Assistant's Guide to Working with People with
Dementia. London:
RCN.
Clarke, A, Hollands, J, Smith, J (1996)
Windows to a Damaged World: Good Practice in
Communicating with People with Dementia in Homes.
London: Counsel & Care.
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.
Marshall, M (1997)
Dementia and Technology: A Discussion of the Practical
and Ethical Issues Surrounding the Use of Technology in
Helping People with Dementia. London: Counsel &
Care.
Regan, D, Smith, J (1997)
The Fullness of Time: How Homes for Older People can
Respond to their Residents' Needs for Wholeness and a
Spiritual Dimension to Care. London: Counsel &
Care.
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.
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.
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