It is important that care workers understand that this is a very sensitive aspect and therefore should not be used against the service user. It is unacceptable to downgrade them by referring to them as ‘incapable’ but instead it is more ideal to say that they are in need of some ‘assistance’. This way the service user will not feel as though they are a burden or are completely helpless. However, if the care provider shows that they are annoyed and irritated to help them, making them feel as though they are not good enough, it can lead to a loss of self-esteem and self-image, this may then lead to isolation and depression, the service user may well be reluctant to ask for assistance when required because they do not want to be seen as unable, this may affect their overall health and well-being negatively.
The Queen Elizabeth Hospital has the responsibility of assuring that service users are not mistreated or discriminated against because of any disability. The care workers within Ward B7 should meet the service users needs and show care and concern rather than arrogance. This act makes sure that this happens and also that care workers and employers do their best to make the setting suitable so that the disabled person does not lack in anything and is able to receive access to various services. It is the Queen Elizabeth Hospital’s responsibility to make sure that this is followed through and that no sort of discrimination exists in the care setting.
There are also employment provisions. The act allows employers to discriminate where there are ‘justifiable reasons’ – for example it is not possible to employ someone who is blind as a driver.
This act makes it unlawful to treat a disabled person less favourably because of their disability without justifiable reason. The Queen Elizabeth Hospital is required to make reasonable adjustments to working conditions and the work place where that would help overcome the practical effects of a disability. It is also important that the Queen Elizabeth Hospital assure that they do not single out disabled employees or a candidate applying for a job by treating them less favourably than other employees, because of the person’s disability.
The Freedom of Information Act
The Freedom of Information Act 2000 sets out how public authorities must provide access to information and gives organisations and individual’s right to access to a range of information.
The Queen Elizabeth Hospital makes information available to patients and the public on their services, provides patients with suitable and accessible information on the care and treatment they receive and where necessary, inform service users on what to expect during treatment care and after care. The information in which they provide also comes in languages and formats relevant to its range of service users, and which applies with the Disability Discrimination Act 1995 and Race Relations Act 1976 as modified.
The Data Protection Act
The Data Protection Act protects various rights. The Data Protection Act provides service users with the following rights:
- Personal information regarding a service user cannot be accessible to other unauthorised people
- Data kept on a person should be accurate and up to date at all times
- The right to be able to know what information is being kept on you and being able to check that the information about you is correct.
- A right that data held on you should not be kept longer than required
- The right to be able to refuse to provide information you do not want to or feel uncomfortable discussing.
By having the following rights, it maintains as well as promotes the rights of service users. Service users can be certain that their personal information is secure and will not cause any problems for them. This means that when an individual discloses information about themselves, this act verifies that the contents of the information disclosed will not be misused or discussed with any other person who does not require knowing about it.
The service user should be informed about the information being held on them, so they are aware of the data being held on them and therefore can make corrections on it if required. If this is not carried out it may cause the service user substantial stress as that information being held on them is incorrect, they may not confide in the care workers and assume that their confidential information is being dealt inappropriately, this is why it is important that this legislation is followed through correctly. The Queen Elizabeth Hospital needs to give all of these rights to all the service users in Ward B7, so that they do not be short of anything.
Redress
Patient Advice and Liaison Service (PALS)
Service supporting patients, carers and relatives, representing their views and resolving local health and social services difficulties speedily.
The Healthcare Commission
The healthcare commission is an independent body, set up to promote and attain improvement in the quality of healthcare and public health. It aims to achieve this by becoming an authoritative and trusted source of information and by ensuring that this information is used to attain improvement.
The Healthcare Commission fulfils its role in promoting quality in healthcare through providing an independent assessment of the standards of services provided by the NHS, private healthcare and voluntary organisations.
The Healthcare Commission achieves this by:
- Regulating and inspecting NHS, private and voluntary healthcare providers.
- Reviewing formal complaints about the NHS that have not been resolved.
- Handling complaints about private and voluntary healthcare service providers.
- Investigating serious failures in NHS, private and voluntary services.
Ombudsman
An Ombudsman is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual people. In some cases, the Ombudsman is referred to as the ‘Parliamentary Commissioner’.
In general, ‘Ombudsman’ refers to a state official appointed to provide a check on government activity on in the interests of the service users, and to oversee the investigation of complaints of improper government activity (also known as Maladministration). Maladministration is a term which describes the actions of a government body which can be seen as causing injustice. The law in the United Kingdom says Ombudsman must investigate ‘Maladministration’. The definition of Maladministration is wide and can include:
- Delay
- Incorrect action or failure to take any action
- Failure to follow procedures or the law
- Failure to provide information
- Inadequate record-keeping
- Failure to investigate
- Failure to reply
- Misleading or inaccurate statements
- Inadequate liaison
- Inadequate consultation
- Broken promises
If the Ombudsman finds a complaint to be proven, a report is published to that effect. Further redress normally involves financial compensation. Ombudsman do not, however, tend to have the power to initiate legal proceedings or prosecution on the grounds of a complaint.