Legislation And Challenging Behaviour.

Front 1

What is Human Rights Act?
This is a UK law that was passed in 1998. This act protects us all, this gives us the rights and freedoms that we should be justified to have. The act protects you from the right to life, freedom of speech and many others.

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How the Human Rights Act links to challenging behaviour.
This act protects everybody in the UK. If somebody has challenging behaviour, then they are still protected, just because somebody has challenging behaviour doesn't mean that they aren't protected. THE HUMAN RIGHTS ACT WILL PROTECT THE INDIVIDUAL FROM BEING DISCRIMINATED AGAINST AS THEY HAVE CHALLENGING BEHAVIOUR. WITHIN A SCHOOL SETTING THE INDIVIDUAL WOULD HAVE TO BE LISTENED RO AS WELL AS ANY OTHER INDIVIDUAL WITHIN THE CLASSROOM. IF SOMEBODY WITHIN THE CLASSROOM DOESNT LET THE INDIVIDUAL WITH CHALLENGING BEHAVIOUR IS NOT ALLOWED TO HAVE THE RIGHT TO LIFE, OR HAVE A FREEDOM OF SPEECH THEN THIS WOULD BE OBSTRUCTING AGAINST SOMEBODIES HUMAN RIGHTS.

Front 2

What is the Convention on the Rights of the Child?
This is an international treaty that grants all children and young people under the age of 17 a set of rights. These rights are what a child needs to grow, survive, participate and fulfil their potential.yu

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The Convention on the Rights of the Child links to challenging behaviour because, this act will let the child live as an individual, no matter if they have a disability or a challenging behaviour. Everybody will be treated the same.

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What is the Children's Act?
This is the act that allocates duties to local authorities in the UK to ensure children are safeguarded and their welfare is protected. WITHIN THE CHILDREN'S ACT, THIS ACT IS THERE TO ALLOW CHILDREN TO BE HEALTHY, ALLOWING CHILDREN TO REMAIN SAFE IN THE ENVIRONMENT, HELPING CHILDREN TO ENJOY LIFE, ASSISTING CHILDREN TO SUCCEED, HELP CHILDREN TO MAKE A CONTRIBUTION AND HELP TO MAKE AN ECONOMIC STABILITY TO A CHILDS FUTURE.

Back 3

The Children's Act links to challenging behaviour because, if a child is being abused because of challenging behaviour, the local authorities have the right to get involved, as every child should be treated the same. THE LOCAL AUTHORITIES CAN TAKE A CHILD AWAY AS THEY WILL BE ABLE TO PROVIDE THE CHILD WITH BETTER STABILITY, ENVIRONMENT AND A BETTER SHOT WITH THE FUTURE, THIS IS SPECIFICALLY WHAT THE CHILDREN'S ACT IS THERE TO ACHIEVE AND DO.

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What is the Care Standards Act?
This is an act that provides an administration of care around different institutions including, hospitals, care homes and children's homes. THE CARE STANDARDS ACT MAKES SURE THAT THE DIFFERENT INSTITUTIONS ARE ABIDING TO THE GUIDELINES AND PROVIDING THE CORRECT AMOUNT OF CARE AND ALSO BEING PERSISTENT WITHIN THIS CARE.

Back 4

How does The Care Standards Act link to challenging behaviour because, if a person with challenging behaviour is in either one of the different care institutions then they have the rights to be given the same amount of care as any other person within the institution. This could include, providing good and clear communication. THE CARE STANDARDS ACT COULD COME INTO ONE OF THE INSTITUTIONS AND ASK THE CHILD WITH CHALLENGING BEHAVIOUR IF THEY BELIEVE THAT THEY ARE RECEIVING THE CORRECT AMOUNT OF CARE THAT THEY REQUIRE, IF THE CHILD DOESNT THINK THAT THEY ARE GETTING THIS THEN THE CARE STANDARDS WILL FOLLOW THIS UP AND QUESTION THE INSTITUTION AS TO WHY THIS ISNT HAPPENING. THEY COULD DISCIPLINE THE INSTITUTION AND ALSO GET MORE REGULAR CHEXKS ON THE BUILDING AND THE CARE WITHIN HERE.

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What is White Paper: Valuing People: A new strategy for learning Disabilities for the 21st Century?
These are documents that are produced by the government. This procedure covers everybody with a learning difficulty from, supporting carers to improving health for people with learning disabilities. There are four key points in this procedure, protecting civil rights, independance, choice and inclusion. Valuing people is a big approach that gives people the opportunity to live a purposeful life.

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The White Paper: Valuing People: A new strategy for learning Disabilities for the 21st century links to challenging behaviour because, somebody with challenging behaviour is given the opportunities to live a more resourceful adult life. Their lives are given a turn round point so then they can have all new oppurtunities.

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What is Every Child Matters leading to the Children Act and Children's Plan?
This is an act that takes the approach of the well being of children and young people for birth up until they're 19. ITS MAIN AIMS FOR EVERY CHILD WHATEVER THEIR BACKGROUND OR CIRCUMSTANCES TO HAVE THE SUPPORT THEY NEED TO, STAY SAFE, BE HEALTHY, ENJOY AND ACHIEVE, MAKE A POSITIVE CONTRIBUTION AND ACHIEVE ECONOMIC WELL BEING. THERE ARE MULTI AGENCIES THAT WORK TOGETHER TO HELP PROVIDE THESE MAIN THINGS SUCH AS PLACES LIKE CHILDREN'S CENTRES, SCHOOLS, SOCIAL WORK CENTRES.

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How does Every Child Matters leading to the Children Act and the Children's Plan link to challenging behaviour because, the aim of this act is to keep children safe, healthy, to enjoy and achieve and make a positive contribution. A child with challenging behaviour needs to be given this attention off adults. The person with challenging behaviour could need help with positively contributing as they may not know how to do it properly due to their challenging behaviour, so this act would help the child when communicating properly.

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What is the Mental Health Act?
The Mental Health Act was first introduced in 1983 and sets out how you can be treated if you have a mental disorder, and what your rights are. ALSO THIS ACT SETS OUT WHEN YOU CAN BE ADMITTED, DETAINED AND TREATED IN HOSPITAL AGAINST YOUR WISHES. FOR THIS TO HAPPEN, SOMEBODY MUST AGREE THAT YOU HAVE A MENTAL DISORDER THAT REQUIRES TO STAY IN HOSPITAL. THERE THEY WILL BE GIVEN AN ASSESSMENT AND BE GIVEN TREATMENT IF NEEDED. THIS IS ONLY DONE WHEN YOU ARE PUTTING SOMEBODY ELSES SAFETY AT RISK.

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How does the Mental Health Act link to challenging behaviour because, a person with challenging behaviour could be referred to hospital due to their behaviour towards themselves or other people. The mental health nurses and doctors would then peruse what they are going to do with the child, whether they are going to keep them in hospital or prescribe them some drugs to deal with the challenging behaviour. A PERSON COULD ALSO BE ADMITTED TO A HOSPITAL IF THEY ARE APPEARING IN A COURT CASE AND THE BEHAVIOUR IS NOT ACCEPTABLE.

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What is the Health and Care Professions Council?
The Health and Care Professions Council (HCPC) is a regulatory body set up under the authority of Parliament to protect the public. It does this by maintaining a register for certain healthcare professions.

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How does the Health and Care Professions Council link to challenging behaviour because, this act protects people in the public. If a person with challenging behaviour was being cared to by a health professional then this person has the same rights as anybody else who doesn't have challenging behaviour. If the health care professional doesn't show the same care and professional skills, then this would be an offence due to caring for the person with challenging behaviour differently due to their behaviour. THE HEALTH PRACTITIONER WOULD SIGN THEMSELVES UP ON THE LIST TO BECOME PART OF THE HCPC. THEY WOULD SIGN THEMSELVES UP ON THE LIST OF THE HCPC TO SHOW THAT THEY ARE QUALIFIED AND KNOW HOW TO WORK WITH INDIVIDUALS. THE WAY THAT HEALTH PRACTITIONERS WOULD DEAL WITH PEOPLE WITH CHALLENGING BEHAVIOUR WOULD BE BY KNOWING HOW TO DEAL WITH THEM IN A CERTAIN WAY. THEY COULD BE TAKEN OFF THE HCPC LIST IF THEY ARENT DEALING WITH THE INDIVIDUAL CORRECTLY.

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What is the NHS Constitution?
This constitution sets out your rights within the NHS. These rights involve how you can access the health services, the quality of care you will receive and the treatments and any further information that you are accessible to as a patient.

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How does the NHS Constitution link to challenging behaviour because, the NHS Constitution should always allow anybody with challenging behaviour to have the same access to these sources as anybody else. If the person with challenging behaviour was ever to be involved with the NHS then the person with challenging behaviour should always know what they are able to revieve.

Front 10

What is the NHS Constitution?
This constitution sets out your rights within the NHS. These rights involve how you can access the health services, the quality of care you will receive and the treatments and any further information that you are accessible to as a patient.

Back 10

How does the NHS Constitution link to challenging behaviour because, the NHS Constitution should always allow anybody with challenging behaviour to have the same access to these sources as anybody else. If the person with challenging behaviour was ever to be involved with the NHS then the person with challenging behaviour should always know what they are able to revieve.

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What is Ofsted?
Ofsted is the Office for Standards in Education, Children's Services and Skills. They report to Parliament and they are independent. Ofsted inspects and regulates services which care for children and young people, and those providing education and skills for learners of all ages.

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How does Ofsted link to challenging behaviour because, as Ofsted have a duty to visit schools to inspect them. A person with challenging behaviour could attend school with many other people with the same behaviour, so therefore Ofsted would over look at the learning procedures that the people with challenging behaviour get taught by, to see of this is meeting guidelines and that they are being taught properly for their type of challenging behaviour.

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Organisational policies and procedures:
Complaints procedure is provided for producing a quality service for the service users it is an accountable way that builds trust and respect for service users. This service should respond to complaints correctly by putting mistakes right.

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How does complaints procedures link to challenging behaviour because, if a person with challenging behaviour was to communicate with a receptionist and the receptionist wasn't patient with you, then the person would complain. If someone had challenging behaviour and the parents believed the nursing staff weren't dealing with them properly then they have a right to complain. The service would then improve by the feedback that they have recieved, this gives control to the service used and families.

Front 13

Organisational policies and procedures:
Training. Training is taught with appropriate behaviour, so then people are up to date with their qualifications. If somebody wanted to become a senior within their job, then they would then have to have even further training. The training needs to be completed frequently because there are new methods that are being renewed all of the time. Such as restraint training. The staff need to know how to complete this training properly.

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Training links to challenging behaviour because, as people have been taught how to deal with a child with challenging behaviour then the staff know how to deal with child with challenging behaviour. The staff would know how to spot the signs and symptoms and know how to communicate with a child with this behaviour.

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Organisational policies and procedures:
Human rights. Human rights are what every single human is entitled to. The reason for human rights are because, people can express themselves and they should be given the opportunity to do this.

Back 14

Human rights link to challenging behaviour because, as these human rights allow you to express yourself, then the child with challenging behaviour should be able to express themselves as well. If a child with challenging behaviour is within school and they are in a lesson, then they should be able to voice their opinion as to what they think, and people within the classroom should give this child a chance to speak and should listen to them.