Legislation and Frameworks for Learning Disability Care

The Equality Act 2010

The Equality Act 2010 plays a vital role in supporting individuals with learning disabilities.
This act requires every person, including those with learning disabilities, to be treated fairly and equally, regardless of disability, sex, race, religion, or sexual orientation.
It protects against discrimination directly or indirectly because of a disability.
It also ensures reasonable adjustments are made so individuals with disabilities have equal access to employment, education, and services.

The Care Act 2014 details what care and support individuals are entitled to, helping them to achieve wellbeing.
It stipulates that individuals in need of health support should have their needs assessed and be provided with a personal budget and care and support plan.
It advocates a person-centered approach in service planning and delivery, ensuring individuals’ needs and preferences are at the centre of their care.

Mental Health Act 1983 is essential for safeguarding individuals with learning disabilities and mental health issues.
It provides a statutory framework for treating and giving care to persons who might be a risk to themselves or others because of their mental disorder.
It defines rules for voluntary admission and compulsory treatment of patients and safeguards against inappropriate detention.
Decisions about treatments under the Act must be underpinned by principles of least restriction and maximum therapeutic benefit.

The Health and Social Care Act 2012 focuses on improving healthcare services in the UK by increasing competition, encouraging patient choice and promoting integration.
It set up Clinical Commissioning Groups that are responsible for buying local health services, ensuring more local control over services.

The Human Rights Act 1998 gives legal effect to the fundamental rights and freedoms set out in the European Convention on Human Rights.
These rights include the right to life, prohibition of torture, right to freedom of thought, and respect for private and family life.
The act underlines the importance of treating individuals with learning disabilities with dignity and respect, and the duty services have to respect their human rights.

The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act 2005. They aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.
Occasionally, to keep an individual safe, it becomes necessary to restrict their freedom by applying physical restraint or controlling their movement, even if they are unable to consent. DoLS provide a process to ensure any restrictions are necessary and proportionate.