Key Aspects of Current Legislation

Key Aspects of Current Legislation

Equality Act 2010

  • The Equality Act 2010 aims to protect individuals from unfair treatment and ensures equality of opportunities for all.
  • The act consolidates numerous pieces of equality legislation into a single law, simplifying and strengthening statutory protections.
  • The legislation identifies nine ‘protected characteristics’ for which discrimination is unlawful: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Human Rights Act 1998

  • The Human Rights Act 1998 is aimed at protecting the basic rights and freedoms of every individual in the UK, influenced by the principles set out in the European Convention on Human Rights.
  • It sets out a list of rights, relating to aspects such as life, freedom from torture and inhuman or degrading treatment, liberty and security, and respect for private and family life.
  • This Act also implies the right to healthcare, where access to necessary healthcare facilities cannot be denied.

Mental Capacity Act 2005

  • The Mental Capacity Act 2005 provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves.
  • It covers individuals with capacity issues, who may be older people, people with learning disabilities, people with mental health problems, people with brain injuries or people under anaesthesia in hospital.
  • The Act states that everyone is assumed to have capacity unless it is established that they do not, emphasising non-discrimination related to mental capacity.

Data Protection Act 2018

  • The Data Protection Act 2018 was enacted to provide a comprehensive framework for data protection in the UK, with an emphasis on digital privacy rights along with physical.
  • The Act sets out rules for processing personal data, with key principles such as lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality.
  • It is essential in health and social care setting to protect individual’s medical, personal, and sensitive data.

Care Act 2014

  • The Care Act 2014 is one of the most significant legislative reforms for adult social care. It sets out statutory responsibilities for local authorities in relation to the provision of care and support.
  • The Act emphasizes the importance of the individuals’ wellbeing and the need to prevent, reduce, or delay the need for care and support.
  • It ensures that people are given a stronger voice and control over the care and support they receive, promoting both equality and diversity.