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Evaluation and Redress

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Evaluation and Redress Evaluation of how legislation maintains and promotes the rights of service users, explaining the Queen Elizabeth Hospital's responsibilities under the relevant legislation and methods of redress open to service users. In Ward B7 at the Queen Elizabeth Hospital there are specific legislations which promote the rights of services users. The Queen Elizabeth Hospital also has responsibilities under these legislations. Some of these laws are described below. Evaluation Implications of the Human Rights Act 1998 have been incorporated into the code of practice as described in this coursework; most notably Article 2 (Right to life), 3 (Prohibition of torture), 4 (Prohibition of slavery and forced labour) and 7 (No punishment without crime). The Disability Discrimination Act The Disability Discrimination Act 1995 defines disability as 'a physical or mental impairment that has a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities'. Most people and organisations now accept the 'social model of disability': * Disability arises from society's negative treatment (social or environmental), and is not an inevitable consequence of impairment; * The position of disabled people in society is a human and civil rights issue; * Society must be changed to allow full inclusion. This act is about discrimination towards disabled people. This disability could be physical, sensory or mental. ...read more.


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. ...read more.


* 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. ?? ?? ?? ?? Sharmin Uddin ...read more.

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