Models of practices that underpin equality Essay

1.1- Explain models of pr momentises that belowpin equation, revolution and comprehension in fox got argona of responsibility?My role as a senior c ar assistant requires me to take hold separates from a diverse celestial orbit of backgrounds and cultures. At on the whole times, I am expect to uphold and campaign equitable radiation diagram and offer comparability of opportunity while taking into account muckles political, economical, affable and comfortably-bred even offs while promoting diversity and cellular cellular inclusion. I essential consider my present got aras of responsibility indoors my pass away target and how my figure underpins the mold and principles of e case, diversity and inclusion.In addition to this, my role is to affirm and influence the practice of my faculty, to manipulate that lag and nonmigratorys ar case-hardened equ altogethery and fairly without favoritism. This is through with(p) by using a mortal centred border on , which is a model of practice that insures mortals ar central to the planning of their support, and ar empowered to identify individualalised resources almost how they want to live their lives. This in like manner relates to the inspection and repair users, as it modifys them to be actively involved in all aspects of their c ar. par is ensuring that every one is underwriteed equally and fairly regardless of their ability, religion, beliefs, gender, race, age, loving status or intimate orientation. sort recognises that although plenty befuddle things in common with each other, they be in addition distinguishable and unique in many ways. Diversity is about recognising and valuing those differences, and consists of discernible and non-visible factors.These include, personal characteristics such as background, culture, personality and work style in addition to the characteristics that argon protected under dissimilitude legislation in terms of race, gender, impai rment, religion and belief, sexual orientation and age. By recognising and understanding individual differences and embracing them, a productive environment whereby everyone haves valued bottom of the inning be created, cognise as inclusion.The policies and procedures in spite of appearance my work postal service ar underpinned by a variety of legislation and current codes of practice. These erect me with a framework for ensuring that I uphold the principles and ethics of e fictional character, diversity and inclusion.(see appendix)The Equality toy 2010 is the jurisprudence that bans diversity and helps achieve equal opportunities in the workplace and in the wider society. The affect brought unneurotic and replaced previous equation legislation, such as the Disability contrariety cloak 1995 (DDA), the Race Relations act as 1976 and the Sex favoritism Act 1975. It change and updated the law and strengthened it in principal(prenominal) ways. The Act protects people f rom distinction on the grounds covered by the previous equality laws. These atomic number 18 now called protected characteristics, and be age, baulk, gender reassignment, marriage nd civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation. The Act also promotes equality of opportunity to prevent inconsistency arising in the first place.The Equality Act also protects people from various forms of discrimination relating to disability, and also discrimination and torment Direct discrimination is when you are treated less favourably than other person because of your disability. This also extends to people who arediscriminated a rack upst because of their association with mortal who has a disability or because they are thought to be disabled. Discrimination arising from disability is when youre treated less favourably because of something connected with your disability (rather than the disability itself). But its non discrimination if t he employer or profit provider ass justify how they treat you, or if they didnt know that you are disabled. Indirect discrimination happens when a rule, policy or practice is apply to everyone, but it has a particular disadvantage for disabled people.But its non discrimination if it croup be justified. Failure to sour rational adjustments is when you lead a reasonable adjustment so you are not at a substantial disadvantage, but the adjustment has not been made. The craft to key out reasonable adjustments covers the way things are done, a somatogenic feature (such as steps to a building), or the absence of an adjunct aid or service (such as an induction loop or an interpreter). Harassment is unwanted behaviour that has the purpose or effect of violating your arrogance or creating an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation when youre treated badly because youve made or support a complaint under the Equality Act.The Mental co ndenser Act 2005 (MCA) creates a framework to provide protection for people who squirtnot choose finishs for themselves. It contains formulation for assessing whether people demand the amiable substance to make finales, procedures for making finalitys on behalf of people who lack mental capacity and safeguards. The underlying philosophy of the MCA Is that any decision made essential be in their best interests. The MCA is shapeed by 5 core principles. These can be summarised as follows Presumption of capacity (section 1(2) MCA).Every adult has the unspoiled to make their have decisions if they have the capacity to do so. Family cautiousnessrs and health dread or social cope supply moldiness assume that a person has the capacity to make decisions, unless it can be established that the person does not have capacity Maximising decision making capacity (section 1(3) MCA). plurality should stupefy support to help them make their receive decisions.Before concluding that soulfulness lacks capacity to make a particular decision, it is important to take all possible steps to try to help them reach a decision themselves. Right to make foolish decisions (section 1(4) MCA). People havethe right to make decisions that others might think are unwise. A person who makes a decision that others think is unwise should not automatically be labelled as lacking the capacity to make a decision. Best interests (section 1(5) MCA). Any act done for, or any decision made on behalf of, someone who lacks capacity must be in their best interests. Least inhibitory option (section 1(6) MCA). Any act done for, or any decision made on behalf of, someone who lacks capacity should be the least restricting option possible.The Human Rights Act is a UK law passed in 1998. It core that any person can defend their rights in the UK courts and that semipublic brass instruments (including the government, legal philosophy and local councils) must treat everyone equally, with fai rness, dignity and compliancy. The human rights that are contained within this law are based on the articles of the European collection, and does two things exercise clantle must read and give effect to legislation in a way which is compatible with the Convention Rights, and it is abominable for a public dominance to act in a way which is incompatible with a Convention right. The rights that are protected by the HRA areThe right to behaviorThe parapet of torture and inhuman interventionProtection against slavery and forced digThe right to liberty and freedomThe right to a fair tryout and no punishment without lawRespect for privacy and family life and the right to marry liberaldom of thought, religion and beliefFreedom of expressionFree speech and peaceful protestNo discriminationProtection of property, the right to an education and the right to free electionsGSCC Codes of practice- Although the GSCC closed in July 2012, the codes of conduct are still used in make do ho mes. The document contains sumd codes of practice for social business organization workers and employers of social caution workersdescribing the standards of conduct and practice within which they should work.1.2 Analyse the potential effects of barriers to equality and inclusion in own area of responsibility? Equality in the workplace is about much than simply giving equal treatment to all employees and complying with the Equality Act. inside the home, we work to remove the barriers which affect recruitment and progression. These barriers can include age, gender, race, sexual orientation, religion or belief, social background, corporeal or mental disabilities, matrimonial or parental status, gender identity, communication and language.All policies and practices within the organisation create equal opportunities for personal and professional growth- from establishing fair pay structures oblation equal access to benefits to ensuring that promotion and progression is fair. At the very minimum, employers are required to eliminate discrimination from the whole employment cycle, starting from the finish stage and throughout an employees career.Barriers that prevent equality and inclusion are as followsPhysical- Buildings and access, personal physical health, sensory lossAttitudinal- Personal feelings, thoughts and behavioursStructural- Economic, environmental, social systemsInstitutional- Policies and procedures where some people are disadvantaged over others e.g. maternity directExamples of inequality in the workplace includeDirect discrimination- when an employer treats an employee less favourably than someone else because of a protected characteristic Indirect discrimination- when a working condition or rule disadvantages one group of people much than other. E.g. theoriseing that applicants for a job must be clean shaved puts members of some religious groups at a disadvantage. Indirect discrimination is flagitious whether it is done on purpose or not.Equality laws may be jeopardised if training and promotion is targeted at younger members of the team, assuming that older workers are not as interested in career progression as their younger colleagues. Failure toprovide adequate facilities for disabled people in the workplace, or failure to tackle bullying and harassment against an employee from a disparate ethnic origin may contribute towards a tribunal claim. loaded tactics in screening of potential ply members, e.g. deliberately choosing priapic staff over female staff regardless of their ability to do a job.Effects of this type of discrimination include diminished life chances, social exclusion, marginalisation, poor interpersonal inter go throughs and communication, disempowerment, and low self-esteem and self-identity.Oppression is another barrier that can affect equality, diversity and inclusion. It is the consequence of five different factors including stereotyping, prejudice, discrimination (as telld above), op pression and internalised oppression. It is defined as the unjust or cruel exercise of power (Webster, 2013). Standing up and taking action when this type of behaviour occurs is a way to eliminate oppression. Also, existence conscious(predicate) about what oppression is as well as methods of prevention can be used as an effort to reduce, if not eliminate, and enables staff to work in an anti- oppressive manner. Oppression happens in many atmospheres, especially in a working environment.Prevention is the main key to eliminateing this type of hostility. This can be done with enforcement of policies, including create communicatively disciplinary actions that will be use if this occurs, as well as a chain of authority. Having a written policy clearly sets out the expectations of employees by the employers, not only of what is pleasant and unacceptable, but what consequences are to be enforced on to non- compliant employees. This should be read and signed by all employees as a h ang-up measure to avoid further problems.The chain of authority is listed so employees are aware of who they will have to answer to in this situation, and who will be enforcing the consequences of their actions. The mechanics of oppression are described as participating, turning a blind eye and denial. Staff who witness this type of behaviour, existence well aware but not taking action or all told denying that the behaviour is occurring are examples showing how oppression continues to exist.Failure to uphold equality, diversity and inclusion through practice willbreach European and UK law and codes of practice and incur penalties such as loss of registration and earthshaking damage to reputation. Consequences for the individual range from low self-esteem, poor mental and physical health and risk of harm and abuse. in that locationfore, it is paramount that regular training, supervisions and discussions take place to ensure that staff do not display this type of behaviour, or ar e victimised by others. As a senior, it is important that I notice these barriers and act quickly to prevent any issues from developing.1.3 Analyse the impaction of legislation and policy initiatives on the promotion of equality, diversity and inclusion? It is important that I am old(prenominal) with the Acts of Parliament, patterns, guidance and codes of practice in regularise to promote best practice within the home and to inform staff, ensuring they are up to date on any changes. As a equal social worker, I already have some background cognition on different acts and legislation within the health and social care sector, and have put these into practice in two six month placements throughout my academic career, and also my current job in the care sector.Equality, diversity and inclusion are addressed within the essential standards set out by CQC which are underpinned by the Health and Social deal out Act 2008. Regulation 17(2) (h) of the Health and Social feel for Act 20 08 (Regulated Activities) Regulations 2010 says that the registered person musttake care to ensure that care and treatment is provided to service users with due regard to their age, sex, religious persuasion, sexual orientation, racial origin, cultural and lingual background and any disability they may have. This regulation relates to gist 1 respecting and involving people who use services. However, the wording of this regulation suggests that these equality characteristics should be considered in all aspects of care, treatment and support.This is also the feeler taken by CQC in the essential standards. In addition, Regulation 9(1)(b)(iv) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 says that The registered person must take proper steps to ensure that each service user is protected against the risks of receiving care or treatment that is inappropriate or unsafe, by means of the planning and uttery of care and, where appropriate, treatment in su ch a way as to avoid unlawful discrimination including, where applicable, by providing for the making of reasonable adjustments in service provision to meet the service users individual needs. This regulation relates to Outcome 4.Regulation 17(1) a of the Health and Social Care Act 2008 (regulated activities) regulations 2009 says that The registered person must, so far as is reasonably practicable, make suitable arrangements to ensurethe dignity, privacy and independence of service users. Regulation 17(2) (a) says that the registered person must treat service users with consideration and respect This regulation relates to Outcome 1.The Disability Discrimination Act 1995 has now been repealed and replaced by the Equality Act 2010. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of nigh(a)s and services, education and transport. The DDA 1995 departed from principles of older UK discrimination law (the Sex Discrimination Act 1975 and the Race Relations Act 1976). These acts, also repealed and replaced by the Equality Act 2010, made direct and indirect discrimination unlawful. The core notions of the DDA 1995 are instead less favourable treatment for a reason tie in to a disabled persons disability and failure to make a reasonable adjustment.Reasonable adjustment or, as it is known in some other jurisdictions, reasonable accommodation, is the radical concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive accession of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc to take steps to remove barriers from disabled peoples participation.The National Minimum Standards sets out the standards for care homes for older peop le, which form the founding on which the refreshing National Care Standards Commission will determine whether such care homes meet the needs, and secure the welfare and social inclusion of the people who live there. The standardsset out in this document are core standards which apply to all care homes providing accommodation for older people. They spot the unique and complex needs of individuals, and the additional specific knowledge, skills and facilities needed in order for a care home to deliver an individually tailor and comprehensive service.As stated in outcome 1.1 I have discussed the Equality Act 2010, the Human Rights Act 1998 and the Mental Capacity Act 2005.It is also essential that all staff are familiar with the homes own policies on diversity, equality and inclusion (see appendix) If these policies are not adhered to, it could result in guidelines, legislations and requirements also not being adhered to, which could result in the residents and staff being subjected to abuse.2.4- How do you support others to scrap discrimination and exclusion? As a senior, I have an important role to play in championing diversity, equality and inclusion in my workplace. I am expected to articulate my own beliefs and values regarding diversity, recognise equality, respect and tolerance, and encourage non- judgemental attitudes and anti- discriminatory practice in order to inspire and lead my team. It is also important to encourage a positive culture within the workplace that promotes the principles of good practice.Examples of opportunities include growing and delivering training and CPD critiques so that the team is kept up to date with new developments Providing a safe environment where people feel empowered and back up to argufy discrimination and poor practice Ensure all staff are aware of the whistleblowing policy and other policies in place to challenge discrimination. (see appendix)I am also the workforce representative, so this means that staff can openly discuss any issues or concerns they have which could include issues of discrimination and exclusion. I have received some complaints that staff feel they are being victimised, as there has recently been a furcate between night/day staff, with each day/ night members kick that the other are not pulling their weight, or they are not assisting the residents in meetingtheir personal care needs to a eminent gear standards e.g. wet beds, soiled pads not being changed etc.To rectify this issue, staff members were expected to complete a night/ day shift that was oppositeness to their usual shift pattern, in hopes to highlight what the different shift patterns and routines entailed and what was expected from staff members. The work clique was also used which has serious connotations as can be linked to bullying, which is a form of victimisation and exclusion. There was a oversight meeting held to discuss these issues and ways to rectify them. A team building night out was arran ged, in hopes to bring all staff together.When discrimination and exclusion occur in policy and practice, I have a occupation of care to challenge it, by reviewing and supervise situations to identify and give examples of best practice. This can be done by undertaking supervisions, encouraging reflective practice to consider individual roles and accountability, maintaining quality assurance systems and record keeping, monitoring and evaluating processes and regular training. Ensuring staff are familiar and adhere to policies and procedures (see appendix) is also a positive way to address issues of discrimination and exclusion, as it ensures staff are fully aware it will not be tolerated within the care home.In relation to the residents there are many laws and policies that are aimed to prevent this. The No secrets white paper is a UK Government initiative from the Department of Health which provides guidance on developing and implementing policies and procedures to protect vulnera ble adults from abuse. Abuse can be defined as Physical, sexual, psychological, financial, neglect and discriminatory. The Protection of Vulnerable Adults (POVA) policy also states the duty of care placed on local authorities and organisations to protect older people from abuse and harm. As the care home specifically caters for residents with Alzheimers and dementia, there is a higher chance that these residents can face widespread discrimination for a number of reasons.There is significant misunderstanding and stigma connected to dementia that manifests itself in widespread discriminatory attitudes. Age discrimination is also a factor that they could face, and potentially more at risk of discrimination and infringements on their human rights because they may not have the capacity to challenge or report what hasoccurred, meaning they face a poorer quality of life. At the care home, we ensure that this type of discrimination is challenged by offering high quality care based on indiv idualised care and support which builds on a persons abilities and strengths, treating people with dignity and respect offering prize and safeguarding privacy, and that staff are properly trained in caring for residents with dementia and who are fully supported in their role. If a resident or a member of their family feel they are being discriminated against, the complaints procedure enables them to formally complain, and feel fully supported in doing so. The residents have of rights policy is available to all residents, their families and visitors, and details how they should be treated accord to the Health and Social Care Act 2008, and also the essential standards set out by CQC.3.1- Analyse how systems and processes can promote equality and inclusion or reinforce discrimination and exclusion? Every organisation has policies and procedures in place that are informed by legislation and national guidelines, in hope to promote anti- discriminatory practice. At the care home, we ha ve a mission statement that details the way we intend to create a positive working environment whereby the shared principles and values of good quality support are upheld throughout the organisation. The statement reads Vision Statement We pass to be at the forefront of delivering exceptional standards of care and establishing ourselves as a leading and innovative care group in the United Kingdom. armorial bearing Statement We believe in a holistic care approach supported by dedicated and motivated staff team who are specifically trained to deliver a quality service.Our ethos encourages independence of residents in a friendly, welcoming, and safe environment with a home from home atmosphere. school of thought of Care QCG philosophy encompasses five basic principles of care which are timbre of care with a holistic approach ensuring psychological, spiritual and physical welfare of residents A motivated, enthusiastic and specifically trained staff team to deliver this care Ensurin g dignity and respect of residents in a non-discriminatory way in accordance with the residents charter of rights. (see appendix) Encouraging an independent and supported lifestyle with well-structured activities and social programmes A homely care approach fosterage friendships, family involvement, local community interaction andsupport.The effectiveness of these systems and processes will need to be monitored, and this can be done through A regular review and audit of policies and practice will identify areas to be addressed individualistic and family questionnaires can identify areas that require improvement, but also highlight areas of good practice and provide the benchmarks for reviewing and monitoring practice within the workplace. In sense and thorough induction training to ensure new employees are aware of their job roles and responsibilities Complaints procedures can contribute to providing evidence in particular cases. evolution and maintaining effective complaints pr ocedures will enable areas to be identified relating to diversity and equality which require improvement.4.1- Describe honest dilemmas that may arise in own area of responsibility when match individuals rights and duty of care?ConfidentialityMy duty of care towards the resident, and my responsibility to safeguard individual privacy could cause legal and ethical tensions. Ethical dilemmas arise frequently throughout the social care sector, especially within my role as a senior carer, and it is my duty and the duty of the home to ensure that individuals are protected from harm. A number of factors need to be considered including the residents need to be informed as to how training about them is used and consent should be sought to share selective reading with outdoors agencies.However, information can be disclosed where there is an overriding public interest e.g. where abuse is suspected. In this circumstance, confidentiality can be broken if a resident is at serious risk of har m to themselves, harm to others, ontogeny or physical/ sexual/ verbal abuse, significant financial gain or loss. I would also need to assess whether or not the resident has capacity and adhere to the MCA 2005 framework. The five principles of assessment are bear capacity unless established otherwiseTake practical steps to enable decision makingAccept that people can make unwise decisionsAct in the persons best interestsUse the action least repressing of the persons rights and freedom of choiceThe use of sharing of service user information forms an essential part of the provision of health and social care, however the temper of this information needs to be in line with the legal duty to keep all personal information confidential. The relationship between staff and resident needs to be one of fidelity and trust, and residents have a legitimate expectation that private information will not be shared, used or disclosed without their consent. Therefore, all staff have besotted legal and ethical obligations to protect resident information and the law and standards that govern practice and the handling of personal and confidential information areThe selective information Protection ActThe Human Rights Act 1998 (article 8)The Freedom of Information Act (2000)The Essential standards of quality and safetyThe Equality Act 2010The Public invade Disclosure Act (1999)Own Beliefs and valuesEach person has a unique set of values and beliefs, and strive to live their lives by these. The kindred is true for the resident who are supported within the care home, and from time to time personal values and beliefs may be different from the residents and their families. If the resident has a invariable Power of lawyer in place that has a say over their health and welfare, or if they had a living will in place prior to a crash in their mental disorder than this can also cause an ethical dilemma. A resident in the care home had a living will in place where, in the event that they had a decline in their mental state and became very unwell, then they would not want to be treated for this illness.The resident does now unfortunately have frightening dementia he became unwell with a chest infection, and his daughter, who has Lasting Power of Attorney, did not want him treated. Personally, I did not agree with this decision, as tangle that it was not a severe illness as stated in his living will, and could be spank with some antibiotics. His daughter did not want the GP contacted, however, I felt it was in the best interestsof the resident to speak with the GP regarding this issue, as felt he could become seriously unwell without antibiotics, so I was therefrom trying to protect him from harm. This was a serous ethical dilemma for me and a big learning curve. After a long discussion with the GP, it was opinionated that the GP would contact the daughter to explain the possible severity of the situation, and she in conclusion agreed to treatment.Other f actors that can cause ethical dilemmas include the management of resources- balancing good support with available resources can be a challenge, organisational policies- While there may be solid reasonings behind the policies, some may impact negatively on a staff member if for example they are futile to work unsupervised due to disability, safeguarding- disclosing information of a safeguarding matter to the correct person if a resident and/or staff member has asked you not to disclose and balancing the needs of the family and the needs of the individual- sometimes challenging the families wishes to meet the needs of the individual may be necessary.4.2- Explain the principle of informed choice?selection and control is about freedom to act, for example to be independent and mobile, as well as freedom to decide. Having choice and control over ones life and involvement supports autonomy and self-esteem. The issues of choice, control, involvement and self-determination are at the foref ront of current government policy. Department of Health investigate found that health and social care recipients value having information to make choices and decisions for themselves, and that feeling confident and maintaining control is important. Putting People First (2007) outlined a shared vision for social care and radical reform. Autonomy through maximum choice, control and power for people over the services they receive is central to the values outlined in the paper.Information, advice, advocacy and support with decision-making, are all key to ensuring that people can exercise autonomy. Every resident in the care home has a consent to care and treatment form in place that they must agree to before care can be carried out. This means they agree to information sharing, intervention from GPs and nurses etc. If the resident is unable to give signed consent but it appears they can giveverbal consent than their next of kin can sign for them. However, if the resident is unable to give signed or verbal consent, than this would affect their informed choice as a Mental Capacity sound judgement and Best Interests Assessment is carried out.For most residents in the care home, making complex decisions and choices requires additional support as the majority have a diagnosis of Alzheimers or dementia. There are different processes for decision making when considering choices. An informed choice is when an individual is supported to make a decision, and as a senior, I have a responsibility to provide residents and their families with all the necessary information to make those decisions. It is important to be mindful of the range of accessible information the individual requires in order for them to make the decision, and this decision must be unbiased and evidence based. It is important to also consider how the resident communicates and who else may need to be involved such as family members, GPS social workers etc.Many of the residents have a Power of Attorney in place which covers finances, and approximately four residents have a Lasting Power of Attorney which covers health and welfare. In this case, decisions can be a lot harder to make as a family member may have the final say regardless of the residents values, which should always be upheld. This is because the resident may not be able to express their wishes due to a decline in their mental illness. The residents are however, protected by the Mental Capacity Act and the Deprivation of Liberty Safeguards.