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P2 legislations/guidelines and challenging behaviour

Produce a set of flash cards, on one side briefly explain the legislation/guidance , on the other side explain how that directly applies to challenging behaviour.

The human rights act
This act was made in 1998 states that everyone has a set of basic rights. These rights are that everyone has a right to life, freedom from torture and inhuman or degrading treatment, right to liberty and security, freedom from slavery and forced labour, right to a fair trial, no punishment without law, respect for your private and family life and home and correspondence, freedom of thought, belief and religion, freedom of expression, freedom of assembly and association, right to marry and start a family, protection from discrimination in respect of these rights and freedoms, right to peaceful enjoyment of your property, right to education, right to participate in free elections. If a person doesn't take into account an individuals human rights this person could be prosecuted.

This act can apply to challenging behaviour because everyone has human rights despite having characteristics such as challenging behaviour. Therefore even if a person has challenging behaviour there human rights must still be respected.

The convention on the rights of the child
This legislation was made in 1989 and it defines a child as a person under the age of 18 and it applies to all children no matter what characteristics they have got such as where children live, the language they speak, what their parents do, their gender, their religion, their race, their religion, their culture, whether they have a disability or if they are rich or poor. Any decision made regarding a child must ensure the child's best interest is the primary concern. The government must ensure children's rights are respected, protected and fulfilled.

This can be applied to challenging behaviour because any child with challenging behaviour has their rights respected, proceed and fulfilled despite that they have challenging behaviour. Any decision made about a child must be made wit the child's best interest at heart even though they have challenging behaviour.


The childrens act
This act was made in 1989 and allocated duties to local authorities, courts, parents and other agencies in the UK to make sure children are safeguarded and their welfare is promoted. It implies that children are best cared for within their own families however it makes provisions for instances when children are not able to remain with parents and families to be cared for.

This act can be applied to challenging behaviour because if a child's behaviour is challenging they are at risk of being abused by parents as parents could neglect them because they are struggling to deal with their challenging behaviour. Therefore local authorities must ensure that children with challenging behaviour are safe and are not being abused.

The care standards act
This act was made in 2000 which provides for the administration of various care institutions including childrens homes, independent hospitals, nursing homes and residential care homes. These are minimum standards which every care provider must adhere to to provide a basic level of care and this is checked up on regularly to ensure the care staff are adhering to these standards.

This act can be applied to challenging behaviour because if a child with challenging behaviour is in a residential care home, the care providers in this home will have to adhere to the minimum care standards to provide the child with a basic level of care that they are entitled to. The residential care home will be checked up on to ensure the care providers are giving everyone a basic level of care.

White paper: valuing people: a new strategy for learning disabilities for the 21st century
This is a new strategy for people with learning diabilities. New funds promised are to do things such as modernise day centres, helping people move from long stay hospitals to more appropriate accomidation in the community, developing specialist local services for adults with servere, challenging behaviour.

This can be applied to challenging behaviour because people with learning disabilities can have challenging behaviour and so this new strategy will affect them and benefit these people.

Every child matters leading to the childrens act and the childrens plan
Every child matters was launched in 2003. It is one of the most important policiy initiative and development programmes in relation to childrens services. It has been the title of three government papers leading to the childrens act 2004. Every child matters covers children and young adults up to the age of 19 or 24 for people with disbailities. It's aims are for every child to have the support they need to stay safe, be healthy, enjoy and achieve, make a positive contribution and achieve economic wellbeing. The childrens plan is that schools will be encouraged to keep parents involved in their childrens school life and school parents councils will make sure patents preferences are taken into account. More will be done to ensure parents have advice information and guidance about their child's development at school.

Every child matters can be applied to people with challenging behaviour because every child matters will cover people with disbailities up to the age of 24 and it is often people with learning disabilities show challenging behaviour. So this legislation means that the children with challenging behaviour, or people up to the age of 24 with learning disabilities have support to be able to stay safe, be healthy, enjoy and achieve, make a positive contribution and achieve economic wellbeing. The childrens plan will ensure that the parents of children who have challenging behaviour will be kept informed about their child's school life therefore the challenging behaviour can be talked about and helped by the communication of school and parents.

Mental health act
This act was made in 1983 and is a law which means people with a mental disorder can be admitted to hospital, detained and treated without giving consent either for their own safety or to protect other people. There are different sections under the mental act in which people can be admitted, detained and treated depending on the circumstances.

This can be applied to people with challenging behaviour because people may have challenging behaviour due to having a mental disorder. Therefore if a person who had a mental health disorder has challenging behaviour that is thought to be at risk of causing harm to themselves or other people they can be admitted to hospital, detained and treated without giving consent due to this act.

Health and care professions council(HCPC)
This is a regulatory body set up to protect the public by maintaining a register for certain healthcare professions. It is required for healthcare professionals working in these roles to be registered with this council, they must meet the standards for training, professionals skills, behaviour and health of the health and care professionals council. The role of the HCPC is maintaining a register of health care workers and sets standards they must follow to ensure the registrants practice safely, legally and effectively.

This can be applied to challenging behaviour because a person with challenging behaviour may have, for example, a social worker and this social worker must be registered with the HCPC which will ensure that they practice safely, legally and effectively which will mean the service user is recieving good quality care from the social worker.

NHS constitution
This sets out the rights of an NHS patient. The rights cover how patients access health services, the quality of care you'll recieve, the treatments and programmes available, confidentiality, information and your right to complain about the NHS.

This can be applied to challenging behaviour because a person either challenging behaviour just be aware of the NHS constitution so that if they know how to access health services, the quality of care they will recieve, the treatments and programmes avaibake, confidentiality, information and their right to complain if they are not satisfied with their care from the NHS.

Ofsted
Ofsted is the office for standards in education, childrens service and skills. They inspect and regulate services which care for children and young people and those giving education and skills for learners of all ages. When Ofsted find providers that are not good they work with the providers to promote their improvement, monior their progress and arrange for them to work with a good practice to help them improve their practice.

This can be applied to challenging behaviour because Oftsed will inspect childrens services where there will be children with challenging behaviour such as main stream schools and specialist schools.

Organisational policies and procedures concerned with behavioural management
Staff development and training is a procedure which teaches knowledge and skills for a specific job. This will ensure that the staff are up to date with the skills and knowledge required to ensure they perform well doing their job. Work practices are procedures that are a standardised way of operating in a work place. An example of a work practice is an appropriate staff to service user ratio. Also, affirmative action is a procedure to promote the opportunities of those who tend to suffer discrimination within society to give them equal access to education and employment to the rest of society.

This can be applied to challenging behaviour beause staff development and training to ensure staff are up to date with the knowledge and skills required for their job can ensure that staff are trained up to date in how to handle a service user with challenging behaviour that can be violent. This will ensure the staff know how to handle this situation properly. Having an appropriate ratio of staff to service users will ensure that the staff are better able to respond to challenging behaviour as if the ratio of service users to staff is low, each service user can be given more personal attention and their behaviour can be responded to and dealt with. Also affirmative action can be applied to challenging behaviour because it will ensure that people with challenging behaviour ,who may experience discrimination with education and employment, have equal chances to education and employment to other people in society.