Explain How Legislation/guidelines Apply To Challenging Behaviour

Front 1

The Human Rights Act is a piece of legislation that states that individuals are entitled to a number of human rights such as the right to freedom of expression, the right to life, the right to marry and start a family etc. the act ensures that every individual is given these basic human rights regardless of race, gender, ethnicity, or background.

Back 1

This relates to individuals with challenging behaviour because they are at risk of having their rights taken away from them, especially the rights to freedom of expression as their way of expression may be disruptive or offend other individuals without the intention to do so.

Front 2

The Convention on the Rights of the Child is a worldwide piece of legislation that protects Children and Young people ensuring that hey are all being given equal rights. Some of these include; the right to life, the right to freedom of expression, the right to education and the right to an adequate standard of living.

Back 2

This relates to challenging behaviour because all children who display challenging behaviour are covered by this act as they are under the age of 18. This means that they are protected against discrimination, there is also a specific article that covers children with disabilities - "Article 23 (children with disability)
A child with a disability has the right to live a full and decent life in conditions that promote dignity, independence and an active role in the community. Governments must do all they can to provide free care and assistance to children with disabilitychildren with disability)
A child with a disability has the right to live a full and decent life in conditions that promote dignity, independence and an active role in the community. Governments must do all they can to provide free care and assistance to children with disability." - Quote taken directly from the UNICEF Summary.

Front 3

The Children Act is a piece of legislation that outlines what local authorities should do to in order to protect children and young people. The Children Act provides guidance on definitions of child abuse and neglect, what action agencies must take to protect children, the roles and responsibilities individuals have with regards to the protection of children, requirements for the local safeguarding boards and the process for serious case reviews.

Back 3

This relates to challenging behaviour because children displaying challenging behaviour should receive the same treatment as any other child and therefore are covered under this act. Children who display challenging behaviour may be at an increased risk of abuse because people who care for them may get frustrated and take their anger out on them, they are also highly vulnerable and many children may be unable to communicate what is happening to them and so individuals may take advantage.

Front 4

The Care Standards Act is a piece of legislation that sets out the way in which health and social care services must treat patients. This act focuses on the safety, dignity, well being and quality of life of service users.

Back 4

This relates to challenging behaviour because the challenging behaviour individuals display is usually caused by a disability or learning difficulty and so individuals will regularly access health and social care services such as; hospitals, occupational therapists, child and adolescent mental health services (CAMHS) etc, for appointments and so will be covered by this act ensuring that they are being given the correct standard of care.

Front 5

White paper: Valuing people: A new strategy for learning disabilities for the 21st Century is a strategy that is set out to support the governments new vision or individuals with learning disabilities. It's four key principles are; rights, independence, choice and inclusion.

Back 5

This relates to people with challenging behaviour because the behaviour tends to come as a result of a learning disability, it ensures that individuals who have a learning disability get their rights adhered to, are given the opportunity to have independence, are included in society and are given choices with regards to their health and wellbeing.

Front 6

Every Child Matters leading to the Children Act and the Children's Plan is a piece of legislation that helps to promote the health and well being of children and young people protecting them from
harm and allowing them the right to express themselves.

Back 6

This relates to challenging behaviour because children with learning disabilities should be allowed the same rights as any other child and they are also very vulnerable to exploitation and may not always be allowed the opportunity to express themselves as their form of expression may be challenging or people may not understand them but this act ensures that children are protected and children displaying challenging behaviour are given the right to expression.

Front 7

The Mental Health Act is a piece of legislation set out to protect individuals suffering with psychiatric disorders and outlines how they can be treated. The mental health act has many different sections by which a person can be placed under, such as; section 2&3 Assessment and Treatment. Section 4 emergency admission, section 117 aftercare etc. each section outlines the rules and regulations set by the government with regards to the boundaries of treatment of individuals.

Back 7

This relates to challenging behaviour because individuals who display challenging behaviour may suffer from mental health issues or may be at risk of developing mental health issues and so this act ensures that their rights are adhered to with regards to their treatment and admission into hospital.

Front 8

Health and Care Professions Council (HCPC) are a regulating council that set out to protect the public. They keep a register of people who meet the standards for working with vulnerable individuals. To be registered with the HCPC individuals must go through a rigorous application process in order to ensure that anyone being treated by a health care professional are protected as all people wanting to work in the health and social care sector must be registered with the HCPC.

Back 8

This relates to individuals with challenging behaviour because they will come into contact with individuals working in the health and social care sector on a regular basis, they are also vulnerable and may not always be able to make an accurate judgement on how trustworthy or safe individuals are.

Front 9

NHS Constitution sets out the rights that staff and service users are entitled to. There are 4 main sections to this code of practice; principles that guide the NHS, NHS values, patient rights and responsibilities and staff rights and responsibilities.

Back 9

This relates to individuals with challenging behaviour because individuals who display challenging behaviour are likely to access NHS service on a regular basis. They benefit from this code of practice because staff pledge to ensure that their rights are adhered to such as the right to dignity and respect, the right to the refusal of treatment, the right to make choices and the right to confidentiality and privacy amongst many other things.

Front 10

OFSTED is the official body for inspection and regulation of education providers and childcare services in the UK. They visit children's services and inspect them according to their 4 key values - Putting children and learners first
Achieving excellence
Behaving with integrity
and Valuing people’s differences.

Back 10

This relates to individuals with challenging behaviour because they will access at least one of the services that OFSTED regulate and their parents will want to ensure that their children are attending a high quality service. The core values are very important because by putting children with challenging behaviour first, they can receive the correct support which may in turn reduce the challenging behaviour or embrace it and use it in a positive way. By ensuring that the provision is achieving excellence the children presenting challenging behaviour are given the opportunity to thrive and achieve grades that reflect the best of their ability. If the service provider behaves with integrity, individuals with challenging behaviour and their families are kept in the loop about their care and education and will then be able to reach their full potential as they can trust the service. By valuing people's differences the service allows the individuals with challenging behaviour to be themselves and feel safe and comfortable because people appreciate them and encourage them to embrace their differences rather than force them to be the same as everyone else.

Front 11

Organisational Policies and Procedures

These are put in place for holding information so it remains private and confidential. All staff must follow these procedures accordingly.

Back 11

This relates to individuals with challenging behaviour because individuals cannot always verbally communicate when their information is being shared without their permission and they are vulnerable to abuse and exploitation as they are not always aware of the boundaries.