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Analyse how legislation impacts upon the rights and responsibilities of service users and providers

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Introduction

Statement B Analyse how legislation impacts upon the rights and responsibilities of service users and providers Human Rights Act 1998 It is an act that gives additional effects to the rights and freedom that is guaranteed under the European Convention on Human Rights; it makes provisions with respect to the holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. Some people are not aware of their rights so it is difficult for them to notice if they are not receiving the full potential of them. This is a serious problem that arises not only in the UK but world wide. This act makes it illegal for any public body to operate in a way which is seen as incompatible with the convention, except if the phrasing of the act of parliament gives them no other option. The Human Rights Act seeks to maintain the principle of Parliamentary sovereignty. Strengthens of the human rights act * Individuals must have the right to the provision of education * Social security law can be overridden if it is incompatible with the convention * Service users who are ill have the right to drugs that are available even if the government has decided they are not going to provide them * The state must provide laws that protect ...read more.

Middle

Order 1995 published by the Department of Health and Social Services and the Office of Law Reform. The polices and guidance are largely dealt with by the Health and Social Services Boards and Trusts. Nevertheless, they will have an impact upon the work of a wide range of businesses and individuals who work with children, in the statutory and voluntary sector, they are of foremost priority to all involved with the wellbeing of children in any facility Such as education and library boards, schools, those responsible for the organization of children's homes, those providing child minding and day care services. This order provides the service users with a number of rights mostly involving children such as * The welfare of the child is the paramount consideration. * Children should be safe and be protected by effective intervention if they are in danger, but such intervention should be open to challenge. * Children should be kept informed about what happens to them, and should participate when decisions are made about their future. * Parents with children in need should be helped to bring up their children themselves and such help should be provided in partnership with parents. For example in my care centre there is a child who is disabled. ...read more.

Conclusion

The aims of the POCVA include the aim to develop the existing of the safety for children and vulnerable adults. They do this by preventing inappropriate people working with them either voluntary or public sector. For a care setting a person who applied to work their requires a police check. This is to ensure that they are suitable to work in a care setting. People who are banned from working in a care setting include sex offenders and paedophiles. It is the service provider's responsibility to make sure each of their employees has police checks and that it's kept up to date. This is to ensure that no unsuitable people slip through; this is a caution to keep vulnerable service users safe from people with a criminal record. It is the service providers responsibility to not put children in danger because there is a chance that they may offend again. Its the service users right to feel safe, secure and that the dangers are limited in the care setting and it is the service providers responsibility to make sure that their needs and rights are meet. They can do this by making sure that all employees have a police check. This is to make sure that no harm comes to the client especially not through people who work there. ...read more.

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