- Respect for individual choice, identity, culture and beliefs
All service users of health and social care services have a right to maintain their own beliefs in relation to things like religion, ethics, culture etc. They also have the right to confidentiality and not to be discriminated against. Carers should support the right of a client to choose their own lifestyle and help them to accept their responsibilities. For example, clients have the responsibility to not discriminate others and respect the confidentiality of others. Showing respect for an individual’s beliefs also shows that you have respect for the person themselves. There is the possibility that the carer’s beliefs are different to those they are caring for but they should still show an understanding and accept the person as she or he is. This would make the client feel that their identity has been accepted rather than ignored. Identity means having sense of who you are. Showing a person that you accept them for who they are will enable them to feel happy and have a positive self-concept but if you don’t accept a person for who they are then that individual may feel that they have to change. Identity can be influenced by the people around us and as Thompson (2000) stated “Identity is not a single and solid fact.” (Neil Moonie, 2005, Page 131)
Therefore it is essential that an individual’s choice, identity, culture and beliefs are accepted by carers and other service user in order for them to view the care setting positively.
- Anti-Discriminatory Practice
Discrimination means providing worse or better care to some people because they are of a particular group. Some of the most common ways to discriminate against people is in the basis of their race, sex, age or disability. Discriminatory practice is outlawed by the Sex Discrimination Act 1975, Race Relations Act 1972 and Disability Discrimination Act 1995. Any type of discrimination is likely to cause damaging effects. Discrimination can result in loss of confidence and service users may find it hard to rebuild their confidence, this especially applies to older people. Loss of confidence can result people not wanting to participate in social activities because they are likely to feel a low self-worth if they are being discriminated against. Discrimination can also cause permanent effects. For example, if a person is being discriminated against they may get stressed and stress can trigger mental illnesses such as depression.
Health and care service also need to not discriminate on the basis of employment. Employment equality (sexual orientation) regulations 2003, protects employees from prejudice, discrimination and harassment. It prevents people being employed on the basis of their gender or race. The residential home I visited followed this policy as there were black and white carers. However there weren’t any male carers but a staff member did tell me that they do employ males but there just aren’t many males who want a caring job role. Discrimination can be a result of prejudice. Prejudice refers to liking or disliking someone not because of who they are, but because of how you feel about their lifestyle or background. It is important that carers accept responsibility to ensure that prejudice doesn’t affect the quality of care given to clients. It is also illegal to discriminate clients as well as employees.
Equality and Diversity
Equality and diversity refers to recognising and supporting people’s individual needs. It involves giving everyone the same quality of care and support. All care organisations should include equality in their code of practise.
There are two approaches to equality. One approach is equality of opportunity. This approach involves giving people equal access to opportunities and resources. It tries to ensure that people access care service on the same terms. The main focus of this approach is to remove any barriers that people may face when trying to access a care service. For example, care services such as hospitals and dentists should provide ramps so that wheelchair users can access the service. The other approach is known as equality of outcome. This approach aims to reduce inequalities by achieving a more equal share of opportunities and resources. This approach can involve treating different people very differently. For example, providing free child care support to families who are unable to pay for child care, in preference to families who can afford to do so. This approach believes that all individuals should obtain an equal share of society’s resources such as health services and employment, regardless of their social background. In order for a care service to be positive it should have formal policies on equality of access and service user rights.
Barriers to Access
There are many barriers people may face when accessing care services which may include:
- Language/communication
- Organisational
- Emotional
- Physical and Geographical
- Discrimination
- Financial
Below I have discussed four barriers to access that may affect older people:
- Organisational Barriers
Organisations sometimes fail to design services around the needs of patients. Many care services such as dentists and doctors don’t work evenings, this can be a problem as many people are at work during the times they are open and may struggle to get time of work. Long waiting lists and waiting times can also be a barrier. If people have to wait a long time for an appointment with their GP then they may not visit their GP at all as they may think that their problem will be solved by that time. The staff I spoke to at the residential home said that their job does require them to put work commitments first and family commitments second and they sometimes have to do overtime or cover for absent colleagues and they often get tired during shifts and they said that it does sometimes effect the level of care they give. Care practitioners may find it tiring working long hours and may struggle to forget about family problems while at work. This could result in them not doing their job to the best of their ability and not giving service users the care they should be receiving. Organisations could employ more staff so that carers don’t have to work long hours and this would also improve the care given to the service users as staff won’t be as tired and the staff at the residential home I visited said that they would be able to provide better care if they didn’t have long hour shifts.
Another organisational barrier is that receptionists at care settings often ask the patient what their problem is. Patients may be embarrassed discussing their health problems with the receptionist, therefore may decide not to use the service and as Millman (1993) suggested poor quality and ineffective services may achieve unfavourable outcomes in terms of health status (Martin Gulliford and Myfanwy Morgan, page 8). When I asked the residents how they felt when receptionists ask why they need to see a doctor they said that they don’t feel comfortable sharing their problem with the receptionist and they would prefer if they didn’t ask. The home I visited did create an organisational barrier as the residents said that if they wish to see their GP, carers often ask them for the purpose of wanting to see their GP. This can result in the residents not visiting their GP if they know they will have to explain their problem to the carers first. Therefore in order for a care environment to be perceived more positively, then an organisation should only require patients to explain their concerns with the person they requested to see.
The cost of treatment could also be a barrier. People may not be able to afford the treatment but this does not affect older people, as those over the age of 60 are entitled to free medication. This had a positive affect on the residents I spoke to because they don’t have to worry about the cost of the treatment they receive and they only get a certain amount of money they can spend a week.
In conclusion organisational barriers to access may result in delays in treatment or no treatment at all. This can cause dissatisfaction among service users and may lead to worsening patient outcomes.
The home created no organisational barriers in terms of the residents getting assessed before moving in and visiting the home. There families were able to help them settle in and decide whether it was the right home for them. One of the residents I spoke to said that the manager was very helpful and his needs were fully assessed before it was agreed that his needs can be met and he was shown around the home. He was informed of all his rights before moving in and was given enough information about the home to help him decide.
- Emotional Barriers
Care services often hold personal information about their clients. Service users may not want to use services because they fear their personal information may not be kept private. Without keeping service users information private they may not feel valued and it won’t show respect to them but it would also break the data protection law. One resident I spoke to said that she is aware that people her age can get several illnesses and she is scared that she may be diagnosed with an illness but doesn’t avoid visiting care practitioners such as GP’s because she would want to know if there is something wrong with her. If she was diagnosed with an illness she said it would upset her but she would learn to cope with it. But other people may fear they will be diagnosed with a serious illness, therefore they may avoid visiting their GP.
Some people don’t like to be perceived as being dependent and feel that they don’t have to use care services as they will just be wasting the care practitioner’s time, meaning that they won’t use the care they are entitled to. This particularly applies to older people as they like to do things for themselves and don’t like being perceived as needy, as one of the residents said that they wish they could do everything for themselves as she then wouldn’t have to worry about whether carers really want to help her but it would also make her feel happy that she doesn’t have to rely on other people.
In the residential home, all the residents felt comfortable with living together and were able to go up to their room if they wanted privacy. But many of the residents said that they would have more freedom and be more comfortable if their families cared for them. One resident said that a part of her does feel rejected by being put in care but she also understands that her children have a family of their own now to care for. She said that if she did live with her family they wouldn’t be able to care for her as well as the carers in the residential home because of their work commitments. Another resident said that they feel safer in a home because there is always a carer there whereas if she was cared for by family then she wouldn’t have someone 24/7 to help her. But many of the residents miss there families greatly.
- Physical and Geographical Barriers
It is very difficult to provide equal access to health care. Services are more accessible to people who have cars than to people who do not. Many older people do not drive and many of the residents I spoke to rely on relatives to take them to care services. Also, services are more accessible to people if they can be reached by public transport. However people with a physical disability may find it difficult using public transport such as buses because they are not wheelchair accessible. Some residents have bus passes but those who are unable to use buses often have to pay for a taxi from their personal allowance. Therefore a lack of transport can prevent people from accessing care services if they live a long distance away.
Many of the resident I spoke to, said that their families live nearby and are able to visit them regularly but there were a couple of residents whose families lived quite further away from the home and therefore are unable to visit as often. This may cause residents to feel lonely and depressed. The home has a good size car park for visitors and is a short walk from a bus stop and a train station which makes it much easier for families to visit.
- Discrimination
Care practitioners can directly discriminate older people in terms of their age or disability. For example, in the residential home I visited there was a woman who needed the carer to help her go to the toilet because she was a wheelchair user. But instead of the carer helping her, she helped another resident first because that resident was not a wheelchair user and therefore would require less time. Discrimination can make old people feel unwanted and hurt and therefore will avoid using care services.
There are different types of discrimination:
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Direct discrimination: This refers to treating people less favourably than others because of their age, gender, race or disability. For example, if a residential home does not offer an old woman accommodation because she is black, the woman is a victim, of direct discrimination.
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Indirect Discrimination: This is when conditions are set that exclude certain groups. For example, if an organisation decides not to employ a person because of a disability they have but their disability would not affect how well they do the job then they are indirectly discriminating that person.
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Victimisation Discrimination: This is when a person is treated less favourably because they have made complaints about an organisation. For example, if a woman in a residential home complained about how the home has been decorated, then the staff may lower the quality of care they provide her because of her complaint.
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Harassment: This is when an individual is spoken to in an inappropriate way, which upsets them. For example, Carers in residential homes may use formal language when speaking to white residents but informal language when speaking to black residents, this would make black residents feel that they are not respected and lower their self-esteem.
Any type of discrimination may cause a person to feel a low self-worth and may result in depression and anxiety. If organisations follow their code of conduct then no one should be discriminated against and a positive care environment would be created. There is the possibility that older people are victims of discrimination as many will have a physical disability. Any comments made about their disability or age will result in lose of confidence, as they may feel insecure about their condition. The residents I spoke to have not been a victim of discrimination which makes them feel valued and respected and they said if they did experience discrimination it would cause them to feel less confident around others and would not have the confidence to interact with other people or participate in social activities.
Discrimination can also cause the cycle of oppression to occur. This is when an individual experiences anger or depression (which may be caused by discrimination) which results in them having a low self-esteem. The anger or depression will result in carers or other service users to view that person negatively, which then leads to them not participating in social interactions or activities. Because they are being excluded from social interactions it will lead them to feel more angry or depressed and the cycle of oppression continues. In the care home I visited, all the carers have a code of practise to follow in order to ensure that they provide their clients with the best possible care and that no service users are treated unfairly or discriminated against. There are also laws that have been set in care environments to prevent discrimination, these include:
- Disability Discrimination Act 1970/1983
- The Race Relations Act 1976/2000
- Sex Discrimination Act 1975/1986
Legislations
There are several safeguard legislations that promote the rights of service users:
- Care Standards Act 2000
- Mental Health Act 1983
- Race Relations Act 1976
- Community Care Act 1990
- Data Protection Act 1998
- Human Rights Act 1998
- Sex Discrimination Act 1975
- Disability Discrimination Act 1995
Below I have analysed four legislations which apply to organisations that provide care for old people:
- Sex Discrimination Act 1975
This act was introduced in 1975. The act made it illegal to discriminate between men and women in terms of employment, promotion, goods, services and facilities. The purpose of the act was to provide equal opportunities for men and women and prevent people being treated differently because of their gender. The act also made it illegal to discriminate on the basis of marital status and in 1986 the act was updated, making gender discrimination also illegal in smaller organisations. The sex discrimination act applies to direct and indirect discrimination and is supported by the Equal Opportunities Commission, which the government set up so that information was provided about the rights men and women have under the law.
This act applies to care settings, making it illegal for carers to discriminate service users on the basis of gender. The act promotes the rights of individuals by encouraging carers to respect both genders and treat them equally. Service users should therefore feel equal to other individuals using the care setting. The act makes it more difficult for care practitioners to discriminate clients directly, this is when the discrimination is obvious, for example a carer may communicate effectively with men but not with women. However, even though the act makes indirect discrimination illegal it is still likely that this kind of discrimination takes place, meaning that individuals are still being discriminated on the basis of gender, therefore the act does not completely protect individuals from gender discrimination. Indirect discrimination in terms of gender is where conditions are applied to a situation which favours one sex more than another. If service users feel that they have been indirectly discriminated then they would not feel empowered and it could cause them not to use the service again. Therefore the Sex Discrimination Act is not always effective meaning that it may not help to create a positive care setting.
- Human Rights Act 1998
The human rights act states certain rights and freedoms set out in the European Convention on human rights. This act came into force in October 2000 and is now part of the UK law. Before the act came into force in the UK, people had to apply to the European Court of Human Rights in Strasburg but now proceedings in the UK must take into account the Human Rights Act. Although this act applies to council homes, a recent ruling says that it need not apply to private homes. The act contains 16 rights:
- The right to life
- Prohibition of torture
- Prohibition of slavery and forced labour
- The right to liberty and security
- The right to a fair trial
- The right not to be held guilty of a criminal offence which did not exist in law at the time at which it was committed
- The right to privacy, family life, home and correspondence
- The right to freedom of thought, conscience and religion
- The right to freedom of expression
- The right to freedom of assembly and association
- The right to marry
- The right to protection of property
- The right to education
- The right to free elections
- The right to the rights and freedoms set out above without discrimination on any ground.
The above 16 rights were found on the website:
This act applies to care setting and can help service users to feel valued and empowered. For example, residential homes need to make sure that the residents feel safe and that they have their own freedom. They must not share any personal details without the clients consent first, as one of the rights in this act is the right to privacy, family life, home and correspondence. If care practitioners follow this right as well as the other rights then the clients will trust them, feel valued and empowered. The right stated above link another act to the Human Rights act, which is the Data Protection Act 1998. This act made it illegal to share service user’s personal information. This act should be promoted in all care settings to ensure clients that their personal details are kept confidential and in order to have a positive care environment it involves keeping personal information safe and not sharing it with others.
If the Human Right Act is not followed in care settings then it can cause problems. For example, if residents in a residential home want to see a doctor they may have to tell the carer first what is wrong with them and then the carer may decide whether it’s necessary for them to see a doctor. This can cause the service user to feel embarrassed as they may not be comfortable sharing certain health problems with careers as with doctors. It can also lower their self-esteem and make them feel less empowered. However there may be certain situations were these rights can be broken. For example, if a resident in a residential home is considered as a danger to others then she could be removed and if this case was to go to court then carers would have the right to break confidentiality and share personal information about the resident. If it has been proven in court that any of the person’s rights has been broken then legal redress is possible.
- Disability Discrimination Act 1995
This act was introduced in 1995. Its aim is to promote equality of opportunity for disabled people and is supported by the Equality and Human Rights Commission. It makes it illegal to discriminate against disabled people and aims to provide equal opportunities in terms of employment, education, housing and transport. Therefore colleges, shops, dentists, hospitals and other services must ensure that disabled people can use their services and in order for this to happen they may have to do things differently. For example, getting lifts or ramps. This act helps disabled people feel a sense of belonging and feel empowered.
Public organizations that provide important services to people such as hospitals should think hard about how they treat disabled people and how easy it is for them to access their services. Access for disabled people will be taken into consideration by all care settings that hold the disability act. Many older people have a disability and find it hard to do certain physical actions like walking up the stairs. Organizations that provide services to older people such as residential or nursing homes need to ensure that residents can use their services easily. For example, the residential home I visited had a star lift. This would also help encourage independence in disabled people and help them feel empowered. Without the disability discrimination act disabled people would find it hard to access important services such as hospitals, shops, dentist, doctors because people with disabilities have not always been thought about. The act encourages care settings to provide the same care for disabled people as to those without disabilities. This would help disabled people to feel a sense of worth and higher their self-esteem, as they would know that people have thought about their disability. However there are still some services that wheelchair users are unable to use. For example buses are not wheelchair accessible and therefore wheelchair users will have to use other public transport such as taxis which are more expensive and this won’t help wheelchair users to feel equal to other people. Therefore the Disability Discrimination Act does not fully promote equality of opportunity for the disabled.
- Data Protection Act 1998
This act is the main piece of legislation in the UK that governs protection of personal data and controls the way in which information is handled. It gives individuals rights over their personal information, they are entitled to view any information organisations may hold on them and are able to force the data controller to correct any mistakes in the data held about them. The main part of the Data Protection Act is the eight common sense rules known as the Data Protection Principles. These principles require personal information to be:
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate
- Not kept longer than necessary
- Processed in accordance with your rights
- Kept secure
- Not transferred abroad without adequate protection
The above was researched using the website:
Carers are likely to be given personal information about the clients they are caring for and they must ensure that they keep the information confidential. If carers pass on personal information about their clients then it could result the clients to feel disrespected and may feel that they have lost control over their lives. For example, if a carer informs other service users that a client has a serious illness then it could cause the service users to act differently around that client and be more helpful when in fact the client may not want to be fussed over. This act prevents carers from sharing personal information like this without the clients consent first.
However the Act doesn’t fully stop the client’s personal information being shared. It allows carers to tell their managers of any personal information on the client that may result in them being at risk to their physical or mental health or that may put other service users in danger. This is known as “Keeping confidentiality within boundaries.” (Windsor Gwyneth, 2000, Page 50). Therefore the act doesn’t protect a clients personal data when serious risks are involved.
Individual Care Practitioner
A positive care environment involves care practitioners to be friendly, polite, helpful, sympathetic and it is also important for them to show empathy for their clients. For example, in the residential home I visited there was one woman who was unhappy about the heating and couldn’t sleep at night because her room is too hot. When there is a situation like this care practitioners need to be able to put themselves in the shoes of that client and try to understand their point of view. They also need to protect the rights and promote the interests of service users, as stated in the codes of practice for social care workers. It is also important for care practitioners to be aware of confidentiality. Service users need to be able to give information in confidence to care practitioners. Therefore it is important for care practitioners not share personal information about their clients with other individuals against the service user’s wishes. They need to deal with the service user’s personal information following their organisations policies and procedures as well as the Data Protection Act 1998. If care practitioners keep their client’s information confidential, then it will help them to build a good relationship and clients will perceive the care setting positively. This will also show that clients are respected and service users will trust the carers, as it shows that care practitioners have taken into consideration their rights and wishes. Care Practitioners also need to have the skills to handle with the different needs of their clients and be able to deal with discrimination and social exclusion.
The individual practitioner needs to be open-minded and have good interpersonal and communication skills. You have got to be open-minded to people’s different beliefs and cultural backgrounds. Care practitioners may also need to be able to adapt to a wide range of social and cultural settings. If carers aren’t open-minded then it can result in conflict and service users won’t feel respected and valued. Care practitioners need to be aware of their interpersonal skills when ever speaking to clients as interpersonal interactions can send wrong messages to the person you are interacting with. For example, folding your arms can indicate that you are not interested about what the other person is saying and this will make clients feel unwelcome. Good interpersonal skills involve care practitioners to have a good knowledge of many forms of non-verbal communication such as the face, body posture, muscle tension etc. Carers need to be able to put people at ease in difficult circumstances. If carers don’t have an understanding of interpersonal interaction, service users are likely to view the care setting negatively because care practitioners would have not had the skills to analyse their own as well as their client’s non-verbal behaviour. Carers also need to know how to overcome barriers for example, if a client speaks a different language and an interpreter or translator is unavailable then they should try and use pictures or diagrams. Effective communication is vital in order to create a positive care environment. All care organisations will involve their staff talking to clients in order to find out what is wrong with them and how they can help them. In 1988 Cleary and McNeil found that “communication skills, empathy and caring are strong predictors of patient satisfaction.” (Liam Clark, Bruce Sachs and Sue Ford-summer, 2000, Page 45).
Care practitioners need to have knowledge and understand how people develop through different life stages. They should be aware that growth and development can be affected by both nature and nurture and that a whole person is the result of both environmental and genetic factors working simultaneously. Having some knowledge of psychology can also help care practitioners, as psychology can increase their understanding of why people behave as they do and therefore give them greater knowledge of human behaviour. Carers need to have up-to-date knowledge of care issues so that they are able to treat clients in the best possible way and know what right their clients have. They should be aware of all the legislations which I have discussed and they should provide care following the safeguard legislations. If all carers are aware of the laws then it will ensure that clients are not discriminated against and are provided with the care they are entitled to and therefore a positive care environment will be created. Care settings should provide practitioners with a code of conduct. The code of conduct states all the instructions that carers must follow in order to create a positive care environment. Practitioners need to obey their organisations code of conduct otherwise they will fail to create a positive care environment.
There are clear training requirements set by the Care Standards Act 2000 for care workers. In order to improve quality of care environments and the quality of care service users receive staff training is essential. This will result in the staff having greater knowledge of care issues and the rights service users have as well as their own rights, which will help them create a more positive care environment.
Care Values: In order to create a positive care environment, care practitioners need to be able to apply the care value base in their care setting. The care value base is a series of principles that guide care practice. It offers guidance on five main areas: Confidentiality, Effective Communication, Empowerment, Respect for individual choice, identity, culture and beliefs and Anti-Discriminatory Practise. If carers demonstrate all these values, then service users will perceive the care setting positively and will be pleased with the service they have received. It is also very important for carers to understand equality. They need to make sure that they give the same quality of service and equal opportunities to all their clients in order to create a positive care environment. Anti-discriminatory practise should also be promoted by carers to help create a positive care environment. This would help clients to feel that they are equally and fairly treated.
Equality: In order for a care environment to stay positive care practitioners need to show an understanding of equality. Carers need to be aware that equality does not necessarily mean treating everyone in the same way, as different service users may have different needs that need to be met. For example, people with different cultural backgrounds will have different needs from one another. It is important that carers respect and support the diversity of people’s experiences, lifestyles and backgrounds. Carers should ensure that a client’s background does not affect the quality of care they receive and each client should be treated as an individual, taking into account their beliefs, choices, preferences and carers should try to involve clients in decision-making. This is known as client centred care (Deborah Antai-Otong, 2007, Page 101). If carers don’t show equality then service users will feel unwelcome and therefore won’t use that service again which can result in their health problem being untreated causing them much more pain. It is essential that carers avoid stereotyping service users on the basis of gender, race, disability and cultural or social background because such stereotypes may act as barriers to equality of access to opportunity. Practitioners should provide the exact same service to all genders, religions, race and social classes. If care organisations train all their practitioners to show equality then patients will feel valued and comfortable talking to carers about their problems. Also, service users will return to use the care service because they are being treated equally and therefore will be satisfied with the care they have received. In conclusion carers need to have knowledge of equality and realise that each person has their own individual needs and that they need to work to meet those needs in order to create a positive care environment.
The Organisation
The organisation needs to be well decorated and looked after in order to display a positive care environment. Care services should offer staff training that will enable staff to develop their career and keep up-to-date with health and social care issues. Organisations can also display their policies and laws that apply to them and make sure that the employees work with the laws and policies. This would also show service users that the laws and policies are followed ensuring them that they are given the best possible care. Organisations should also monitor their policies on a regular basis to see how effective they are.
Equal Opportunities Policy
An equal opportunities policy is one method of ensuring that people are treated fairly. The residential home I visited were committed to an Equal Opportunities Policy that specifies all employees, applicants and residents will be given equal and impartial treatment irrespective of their race, gender, age, religion, colour, ethnic origin, nationality, sexual orientation, marital status or disability. The residential home’s Equal Opportunities Policy notes that the employees have a legal duty to treat people fairly under, the Sex Discrimination Act, Race Relations Act and the Disability Discrimination Act. They must also carry out their duties according to these acts. It also notes that discrimination against people or groups should not be tolerated and that employees should deliver service fairly and equally. The home ensures that all employees comply with the Equal Opportunities Policy and that all decisions involving residents are free from prejudice. The residents I spoke to were aware of this policy and knew they all have the right to be treated equally, therefore the home promoted this policy well, which helps the home to be perceived positively.
Confidentiality Policy
The aim of this policy is to safeguard personal information about the residents. The policy applies to all staff and volunteers who may be collecting information about the residents. The residential home’s policy states that an individual’s permission must be sought before their details are passed on or used in any way and that all information on them should be factual. It also states that the individual’s confidentiality should be respected at all times. All the residents were aware of the confidentiality policy, as there was a poster on one of the doors with a brief description of the policy. Residents are also able to see the information held on them by making a written request and then their information should be available within 30 days. This makes residents feel respected and in control of their lives, as they are aware that they have a right to see the personal information on them and they will therefore have a positive view of the residential home.
Codes of Practice
Another way the residential home created a positive care environment was by giving staff a code of practise booklet. Carers are trained to apply the values of care in their work. They are helped to do this by following a code of practise. A code of practise is a document that provides guidance on ethically appropriate ways of behaving and dealing with situations in order for a care environment to be viewed positively. Organisations which are involved in dealing with discrimination such as the Equal Opportunities Commission produce codes of practise to give guidance on measures that can be taken to achieve equality. Therefore without a code of practise, it would be easy for carers to treat people differently and unfairly, as all care practitioners will have different approaches to dealing with service users. A code of practise holds up-to-date information on how to treat different types of people and therefore if it is followed by care practitioners it should help to create a positive care environment.
Methods of Redress
Complaints Procedure
Every organisation should have a complaints procedure and should be written in a way that service users can easily understand, as required by the Care Standards Act 2000. If a service user does not have the right to complain then they have no way of standing up for themselves and they won’t feel valued or respected and therefore will view the organisation negatively. In a good health and social care setting the staff should make sure that service users know how to complain and should be supportive and respect their choice.
There is a three stage procedure that complaints follow in a local authority. The first stage is known as Informal. This is where a social worker or team manger tries to deal with a complaint at a local level. The second stage procedure is known as Formal. In this stage the local authority’s designated complaints officer deals with the complaints. The final stage is known as Review. At this stage an independent person leads a panel, which may require people involved in the complaint to attend a hearing. Their conclusions are made as a recommendation to the Director of Social Services.
(Neil Moonie, 2005, Page 150).
The residential home’s complaint procedure was clearly shown in the main room and all residents were clear on how to make a complaint if they are not satisfied with the care they are receiving or the way they are being treated, this indicates that the home promotes the service user’s rights well. The complaints procedure states that residents are able to make verbal or written complaints and that their complaint should be dealt within 28 days. If a formal complaint is made then the manager will meet with the service user to discuss the matter fully and then a full investigation will be carried out. If the service user decides to pursue the matter further then they will be provided with information about whom they can contact. The home received three complaints in the previous 12 months, which were all satisfactorily dealt with and as the residents are using the complaints procedure it indicates that it is effective, therefore a positive care environment will be created.
Ombudsman
An ombudsman is an individual who has agreed to look into complaints about an organisation. Ombudsman tries to resolve a complaint without going to court. If residents feel that they are being treated unfairly then the ombudsman may consider the case unless the case is about to go to court or it has already been to court. Service users must complain no later than a year from the date when they first became aware of the events they are complaining about. Before the residents in a residential home can make a complaint to the Ombudsman, the home must be given the opportunity to investigate and if possible sort out the problem. The ombudsman will investigate the situation and will try to settle the dispute between the service user and the organisation. If the ombudsman fails to get the two parties to agree on a decision then the ombudsman will make a decision on the information received.
I researched Ombudsman using the website:
Commissions
Commissions monitor key areas of legislation. Examples include Commission for Social Care Inspection (CSCI). They inspect all adult social care services and are set up by the government to promote improvements in social care. They have the power to close down social care services if they provide very poor services. The residents I spoke to were aware of what CSCI do and knew they can complain to them if they are unhappy about the service. Residents in care homes or people using care services may complain to the CSCI if they are unhappy about the service they have received or the way they have been treated. CSCI will require the full details of the complaint and will investigate the situation and talk to the care home or care service about the situation. They are responsible for making sure that providers meet the regulations and standards that apply to them. If they find that the care service is not meeting those regulations and standards they will take further action.
Tribunals
There are over 2000 tribunals, which are appointed to hear and settle disputes. Tribunals are usually controlled by a legally qualified chairperson but are less formal than courts of law. Examples include the Care Standards Tribunal; people may appeal to this tribunal if they have been barred from working with children or vulnerable adults. If an employee or tenant feels they have been treated unfairly then they may appeal to the rent or employment tribunals. Tribunals have benefits as it doesn’t take as long for a case to be heard as it would do if it went to court and an individual is encouraged to conduct their own case. This is an easy complaints procedure for old people if they are able to state their own case because there are no fees to run a case in the tribunal, which is beneficial for old people as they are likely to be on low incomes. However if they lose the case then the tribunal may order them to pay the winner’s reasonable costs.
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