Together these legislations formed the fundamental rights and freedom of an individual. These affect the rights of everyday life of an individual including what they can say and do, their beliefs, right not to be tortured and right to a fair trial. These rights have limits to ensure that it does not damage other people’s rights.
1.2 – evaluate agreed ways of working that relate to rights and choices of an individual with dementia Policies and procedures in the care home including:
Health and Safety
Person Centered Care Planning
Safety and Security
Moving and Handling
1.3 – explain how and when personal information may be shared with carers and others, taking into account legislative frameworks and agreed ways of working The law of confidence protects people from having their personal information shared against their wishes. If a person gives private information to another person or organisation and reasonably expects that information to be kept confidential, they can take legal action if information is passed on without their consent. The threat of legal action may cause staff about disclosing personal guidance states that personal information given to social workers by a service user should be kept confidential and only disclosed where this could be in the public interest, where there is risk or where there is a legal obligation to disclose information about a service user.
Doctors have a duty of confidentiality to their patients. Generally personal information may only be disclosed, even to a persons close family, if he or she consents. This duty of confidentiality can be breached if there is a strong need to do so in the “public interest” or in the interest of the patient. A doctor may choose to breach confidentiality if they foresee harm to a patient or others. The British Association of Social Workers ethical guidance states that personal information given to social workers by a service user should be kept confidential and only disclosed where this could be in the public interest, where there is risk or where there is a legal obligation to disclose.
2.1 – demonstrate that the best interests of an individual with dementia are considered when planning and delivering care and support This is a tricky thing to provide as the individuals wishes may not be the same as what is in their best interest. This is a system that can be used which usually involves a best interest meeting which should involve the individuals family, carers, Dr or any specialists involved, in this meeting decisions can be made when everyone agrees on what is best for the individual. 2.2 – demonstrate how an individual with dementia can be enabled to exercise their rights and choices even when a decision has not been deemed to be in their best interests 2.3 – explain why it is important not to assume that an individual with dementia cannot make their own decisions 2.4 – describe how the ability of an individual with dementia to make decisions may fluctuate
3.2 – describe how a conflict of interest can be addressed between the carer and an individual with dementia whilst balancing rights, choices and risk
3.3 – describe how to ensure an individual with dementia, carers and others feel able to complain without fear of retribution
4.1 – describe how to maintain privacy and dignity when providing personal support for intimate care to an individual with dementia