1. Explain the models of practice that underpin equality, diversity and inclusion in own area of responsibility. There are two models that link with equality, diversity and inclusion, the first one is the social model of disability which views discrimination and prejudice as being embedded in today’s society, their attitude’s and their surrounding environment. The social model focuses on who the adult is as person not what their disability or diagnosis is, the focus is on how to improve and empower the individual’s life and lead a more independent life as possible. The second model is the medical model of disability which views adults has having an impairment or lacking in some way, this model focuses on impairments that the adult has and finding and acknowledging ways to correct them.
The client group at my current place of work are elderly adults. Both the social and medical model has an impact on their daily life. The company ethos is to encourage the people we care for to remain independent and enable them to lead a normal life as possible. This is done by providing and engaging them in their own individualised care plans and asking their opinions on what they like how they like it etc. allowing them to make informed choices for them self and whether they have the capacity to make these decisions. My role as a Manager is to ensure that any anti- discriminatory practice is promoted as a key value within our organisation and to raise the staff awareness about equality diversity, and inclusion. To encourage conversations and debate and devising ways that empower rather than to disable.
2. Analyse the potential effects of barriers to equality and inclusion. Barriers to inclusion and equality include;
* Sexual Orientation
* Religion or Belief.
The barriers that can and will affect Equality and inclusion are Physical and environmental barriers such as poor access to buildings and community settings, making it difficult for us to help them achieve inclusion within the community.
Communication barriers, different languages, slang talk, which is why each carer needs to be matched to each customer to help with the barriers.
Inclusion barriers also include financial and the size of the care package not giving the carer and the customer enough time for them to be in the community with support. However this is not an excuse for not doing anything and not meeting the customer’s needs the expectations is that as many modifications are to be made as possible to lift the constraints around support.
3. The impact of legislation and policy initiatives on the promotion of equality, diversity and inclusion in own area of responsibility.
The promotion of equality, diversity and inclusion has been supported by a number of legislative changes to ensure that provider’s comply with any anti-discrimination practices. The list below reflects the most relevant legislation;
* Articles 1, 2 and 14 of the Human Rights Act (1995)
* Sex discrimination Act (1975)
* Equal Pay Act (1970)
* Race Relations Act (1976)
* Disability Discrimination Act (1995)
* Disability Rights Commission Act (1999)
* Race relations (2000)
* Employment Equality (Religion or belief) Regulations (2003)
*Employment Equality (Sexual Orientation) Regulations (2003)
* Disability Discrimination Act (2005)
* Equality Act (2006)
In addition to the major anti-discrimination Acts, there are clauses within other acts which focus on anti-discrimination requirements for example;
* The Children’s Act 1989 which requires authorities to take special account of children’s disabilities and the support needed to enable them to live as near normal lives as possible. * Guidance in the form ‘No Secrets’ (DOH, 2000) which sets out adult protection policies and recognises adult discrimination as abuse. * The document ‘Working together to safeguard children’ (Department of education 2010) which requires all practitioners to guard against myths and stereotypes.
4. Systems and processes to promote equality and inclusion or reinforce discrimination and exclusion , and, the effectiveness in promoting equality, diversity and inclusion in the area of responsibility.
Health and safety policies
We have clear policies in place on health and safety, with regular risk Assessments and ergonomic checks to promote staff health and wellbeing All risk assessments routinely organised, for example for pregnant women Or staff working in particular areas of risk.
Make sure that our policies do not have an impact on the religion or belief of staff: for example; Wearing religious dress or articles of faith,
Performance management procedures
We have clearly set out procedures on performance management that take Individual needs and cultural differences into account, and are objective and Transparent to all employees.
Pay and reward policies
All our policies on pay and reward clearly are organised, based on objective criteria and easily understood by employees. We have clear guidance on starting salaries, Bonuses and performance-related pay.
We will be undertaking an equal pay audit to make sure you we don’t have pay gaps by gender, disability or ethnic group.
Recruitment and promotion procedures
Our procedures for recruitment and promotion are transparent and equally Accessible to all applicants. Our job descriptions focus on objective criteria That are solely related to the job in question, so the procedures we use will not impact negatively on particular groups.
Policies on training and development
We have regular training in place on equality and human rights. We have procedures To ensure that all employees have access to development and work-related training, and these procedures take into account the particular needs of some groups of employees.
Service provision and customer equality policies
As a service provider, we have a strategy in place to make sure that all customers are treated equally and fairly, and that needs of customers from diverse backgrounds are recognised and met Our staff at all levels engaged in creating a human rights culture in the provision of services.
Informal or unwritten working practices
Examining informal working culture can be difficult to do, but the aim is to find out If there are gaps between what is written in our policies and everyday working practices within the organisation.
Some areas to think about include:
Staff attitudes and behaviour
We make sure there an open and understanding working culture where everyone is treated with dignity and respect. All staffs are aware of the importance of equality, human rights and inclusion, and aware of the antidiscrimination policies in place and the procedures on acceptable behaviour.
Another point to consider is employee willingness and confidence to disclose personal information: To look at self declaration rates like on sensitive issues such as sexual orientation or religion and belief.
We have flexible working hours, time off for dependents or access to religious facilities and requirements, We have to be sure that the working culture in our organisation is supportive of the staff and that they are made aware of what is available.
Working patterns and segregation
We have staff with diverse backgrounds and from different groups working together in teams and divisions, Or it would be likely that there may be divisions within the workforce on the grounds of gender, ethnic background, age, religion or belief language, culture and class. We Have activities in place to bring staff together and to promote inclusion and Understanding, they will planned to take into account the access requirements of different groups, as well as caring responsibilities and cultural differences.
Finally, there clear procedures through which staff can communicate with managers and directors. All staff will be consulted on changes to policies and practices that will affect their working lives. They will be actively involved in initiatives around working culture. If this is not the case, it is more likely that our efforts to create inclusive working will not succeed, because employees may feel that measures are being forced upon them without the chance to give their opinions.
4.2 Explain the principles of informed choice.
An informed choice means that a person has the information and support to think the choice through and to understand what the reasonably expected consequences may be of making that choice. It is important to remember that too much information can be oppressive and individuals have differing needs in relation to how information is presented to them. As a Professional organisation we must be able to demonstrate that we have taken these individual needs into account. Enabling people to make informed choices does not mean the local authority or provider organisation should abdicate its responsibility to ensure people have a good quality of life.
For example if a person „chooses‟ to stay in bed all day, every day, the local authority or provider organisation has a responsibility to explore what is happening and respond to this appropriately, working to ensure that the individual fully understands the consequences of their decision. It is not acceptable to simply accept such a decision at face value if this would put the individual at significant risk, as acts of omission can be considered to be abusive.
There are at least four elements necessary for decision making;
* Understanding the value of respect for persons and their differences.
* The ability to be self-governing and being able to determine one’s own personal goals, desires and preferences.
* The capacity or confidence to make choices or decisions based on deliberation and reason.
* The freedom to make choices for one’s self then to act on these.
4.3 Explain how issues of individual capacity may affect informed choice.
In relation to risk, as with any other decision making, if the person has capacity and has been supported to consider the potential consequences, both positive and negative, arising from the proposed decision and has decided to take the risk, then that is their informed decision.
Where an individual’s informed choice may put them at risk of abuse or neglect by another person or persons, this should be discussed with them, and these discussions must be clearly recorded. If there is a failure to reach an agreed course of action which both parties are happy with, then it may be necessary for actions to be taken under the Safeguarding Adults Procedures.
If the person lacks capacity, and a decision has put her / him at risk of abuse or neglect from a particular person or persons then a referral should be made for action to be taken under the
Safeguarding Adults Procedures.
Where capacity is in question, refer IN ALL CASES to the Mental Capacity Act 2005, Code of Practice, which states:
1. Every adult has the right to make their own decisions if they have the capacity to do so. You must assume that a person has capacity unless it can be established otherwise. 2. Individuals should receive support to help them make their own decisions and all possible steps should be taken to try to help him / her to reach a decision themselves. 3. Individuals have the right to make decisions that others might think are unwise. Making an “unwise” decision does not mean that a person lacks capacity.
4. A person’s capacity must not be judged simply on the basis of their age, appearance, condition or an aspect of their behaviour. 5. It is important to take all possible steps to try to help people make a Decision for themselves 6. Any act or decision should be the least restrictive in relation to its purpose. If there are concerns that an individual may lack the mental capacity to make A decision, a competent person may complete an assessment of capacity.
For most day-to-day decisions, it will be the person caring for them at the time a decision must be made. For example, a care worker might need to assess if the person can agree to being bathed. Then a district nurse might assess if the person can consent to have a dressing changed.
We are supporting individuals to have more choice and control in their lives through positive approaches to managing risk, things are likely to go wrong from time to time. If this happens and the risk taken results in a negative outcome for the individual, the strategy below would help prevent such incidents
1. Act reasonably.
2. Act in an informed way, reflecting my experience.
3. Act responsibly in relation to my duty of care and avoid being negligent.
4. To assess and take steps to manage and minimise the foreseeable risks
5. Involve the person in the process and support them to make informed decisions.
6. Involve and liaise with other people whom it would be reasonable to involve in the process.
7. Follow organisational policy, procedures and guidance.
This does not mean that there has to be a formal risk assessment document In place if this is deemed unnecessary, rather that the process of assessing The risk will be clearly documented and is reasonable.
8. To make it clear that professionals and organisations have acted reasonably and responsibly in partnership with the person, those who know and care about them and others involved in their support.
1. https://www.gov.uk/government/policies/helping-people-make-informed-choices-about-health-and-social-care. 2. Baxter, K., Glendinning, C. and Clarke, S. (2008) Making informed choices in social care: the importance of accessible information, Health and Social Care in the Community, 16, 2, 197-207. 3. Department of Health (2005) Independence, Well-being and Choice: Our Vision for the Future of Social Care for Adults in England. Department of Health, London. 4. Ovretveit J. (1996) Informed choice? Health service quality and outcome information for patients. Health Policy 37, 75-90. 5. https://www.in-control.org.uk.