Legislation And Challenging Behaviour

Front 1

What is the human rights?

The Human Rights act is came into force in the United Kindom in October 2000. It sets out the fundamental rights and freedoms that people in the UK have access to. These are things such as the right to life, freedom, security, fair trial, liberty, expression, belief, education etc.

Back 1

How it links to challenging behaviour?

The human rights act is linked to challenging behaviour because even though they have challenging behaviour they have the right to be respected and protected. If someone is treating them differently they have the same rights as everybody else so deserve to be treated correctly. Someone with challenging behaviour may need this legislation because although that individual may be showing challenging behaviour they still have the right to say what they feel, or be given respect and they should not be rejected because of their challenging behaviour. They are also very vulnerable and may not be able to speak out so this law protects them.

Front 2

The convention on the rights of the child.

These rights are there to describe what a child needs to survive, grow, participate and fulfil their potential. These rights apply to every child and it does not matter who they are or where they have come from. This act is an international human rights that gives all children and young people under the age of 17 a set of rights.

Back 2

How it is linked to Challenging Behaviour?

This legislation is linked to challenging behaviour because all children and young people have their own rights. They have the same rights whether they have challenging behaviour or not. They have the right to speak out whether somebody likes it or not. Eg their carer. Someone with challenging behaviour may need this legislation because if a child has challenging behaviour this act is going to protect them from anything. This law protects all children, a child with challenging behaviour may live with their parents and their parents may need support looking after them, they are protected from things they may not understand such as sexual exploitation or drug use. Children with challenging behaviour that may have a disability are given the right to special care and support but they are also given independence.

Front 3

The children act

This act is allocated to local authorities, parents, courts and other agencies in the UK. This ensures that all children are safeguarded and their welfare is promoted. It is making sure all children are protected and treated correctly.

Back 3

How it is linked to challenging behaviour.

The children's act is linked to challenging behaviour because if a child or young person is being abused because they have challenging behaviour, then the local authorities have the right to get involved. All children should be treated the same whether they have challenging behaviour or not and they all deserve to be treated correctly and protected at all times. Someone with challenging behaviour may need this act because they may be being abused by their parents or carer's or even other children at school/college or staff members because they have challenging behaviour. If a child with a disability has challenging behaviour and needs special support, they may be being abused by carer's at a home or hospital for example.

Front 4

The care standards act.

This is an act of parliament that provides for the administration of a variety of care institutions such as hospitals, children's homes, residential care homes, nursing homes, fostering agencies etc.

Back 4

How does it link to challenging behaviour?

This legislation links to challenging behaviour because if there is a patient in any of these health care institutions, young or old and have challenging behaviour then they have the right to be treated the same and shown the same amount of care as everyone else. Someone with challenging behaviour may need this legislation because everyone is entitle to be treated and cared for correctly and equally. Someone with challenging behaviour may be cared for differently to other people because of their behaviour, for example in a care home, hospital, or children's home, the patients with challenging behaviour may just be ignored or not treated properly because of the way they act. This act supports and protects them from that happening.

Front 5

White paper: Valuing people: A new strategy for learning disabilities for the 21st century.

White papers are documents produced by the government on learning disibilities. It is based on 4 key principles: civil rights, independence, choice and inclusion.

Back 5

How is it linked to challenging behaviour?

This legislation is linked to challenging behaviour because it offers opportunities for children and young people to have a better life style when they grow up. It does this by beginning with an inter grated approach to services for disabled children/young people and their families. Someone with challenging behaviour may need this legislation because people with disabilities may be treated differently to others, parents or carer's may treat them completely different which they may not like. This act is all about giving people with learning disabilities a chance to be independent and have their own choice in things. This act protects them from anyone that says they are not allowed to make their own decisions.

Front 6

Every child matters leading to the children act and the children's plan.

This legislation is a UK government initiative that is mainly aimed at every child, whatever their background or circumstances are to have the support they need to stay healthy and well, stay safe, enjoy and achieve, make positive contributions and achieve economic well-being. This act covers children and young people up to the age of 19 and 24 for those with a disibility.

Back 6

How does this link to challenging behaviour?

This legislation links to challenging behaviour because it applies to all facility's that involve children such as schools, colleges. It may be difficult for the teachers and staff to keep all children safe and healthy but the laws are there to help that and protect all of the children, it is there to keep the children safe and healthy and let them enjoy and achieve in life. This law will also apply in special needs schools and it makes sure that all children have the same opportunities regardless of their challenging behaviour or disability.

Front 7

Mental Health Act.

The mental health act is a law where an individual can be admitted, detained, and treated in a hospital against their wishes. This is also known as being sectioned, where others must agree that that individual has a mental disorder that requires them to stay in hospital.

Back 7

How is the mental health act linked to challenging behaviour?

The mental health act is linked to challenging behaviour because if a patient with a mental illness starts to show challenging behaviour such as refusing to eat, they are under the act to be helped and cared for. A child or young person may be referred to a hospital to be examined and given a diagnosis. The mental health nurse or doctor will then make a decision on whether they need to refer that patient to a mental health ward or whether they go home and get prescribed with a drug to help their challenging behaviour. Someone with challenging behaviour may need this legislation because they can be given treatment without their content, and it also might be that they cannot make decisions for themselves so they need this act to help and protect them.

Front 8

What is the health and care professions council?

The Health and Care professions council 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.

Back 8

How does the Health and Care Professions Council link to challenging behaviour?

This legislation links to challenging behaviour because children / young people should also be protected by the council whether they are challenging or not. Every professional that works in the health care profession has to be registered before they practice, this suggests that everyone including people with challenging behaviour are receiving the highest standard of care. Someone with challenging behaviour may need this legislation because for example they may not realise that they are being treated negatively and unprofessionally by health care services such as being in a care home or children's home. The health care professions council will support them and do something about it.

Front 9

What is NHS Constitution?

NHS Constitution brings together in one place details of what staff, patients and the public can expect from the National Health Service. Everyone who is cared for by the NHS has the right to make choices about the services they use. For example they have the right to choose with GP they would like to see, the right to choose a GP surgery or hospital they would like to be treated in.

Back 9

How does NHS Constitution link to challenging behaviour?

This legislation links to challenging behaviour because even children / young people should have the right to choose different options in the NHS. If a child ever does need to attend a hospital or GP then they have the right like anybody else to choose who they want to see. Someone with challenging behaviour may need this legislation because if the NHS realise that this individual has challenging behaviour they may treat them differently and make decisions for them when they have the right to make choices for themselves. The first thing the NHS would do is refer the individual with challenging behaviour to a specialist that will help them and care for them. This would be the best thing to do as the specialist would know exactly how to behave with them.

Front 10

What is Ofsted?

Ofsted is the Office of Standards in Education, Children's Services and Skills. They inspect and regulate services which care for children and young people, and those who provide education and skills for learners of any age.

Back 10

How does Ofsted link to challenging behaviour?

This legislation links to challenging behaviour because Ofsted do go to specialist schools for children with challenging behaviour. They are going to be assessing how the children are learning and if they are getting the right amount of care as well as education. They are going to understand that the children have challenging behaviour and they are going to inspect what they are like at school and if the staff are teaching and helping them to a high standard. Someone with challenging behaviour may need this legislation because Ofsted will inspect and regulate any school, even schools with special educational needs as they must make sure that all of the children are getting the correct education and that they are in a safe environment.

Front 11

Organisational policies and procedures. Training, complaints procedures and Human rights.
Training- staff go on training to keep their qualifications up to date. They are taught appropriate behaviours and how to act when a patient is not coping. The staff must know how to deal with challenging behaviour and they should spot signs and know how to communicate correctly. Staff go on training to receive the RDES qualification.
Complaints Procedures- This procedure ensures quality and builds trust and respect, complaints improve services so they are better for in the future. The individual may feel comfortable and like they are being listened to. Everyone is within their own rights to make a complaint and should not feel intimidated.
Human Rights- human rights are basic rights that every individual is entitle too. They are rights such as the right to life, freedom, religion, choice etc.

Back 11

How is Organisational policies and procedures linked to challenging behaviour?

Training is linked to challenging behaviour because the staff are taught and trained to deal with challenging behaviour appropriately. A child or young person may be showing challenging behaviour and that member of staff should know how to deal with them and communicate with them to deal with the situation correctly and they would know how to do this because of going on training. Someone with challenging behaviour may need this legislation because they need a highly trained and qualified carer to care for them or teach them correctly to their needs.

Complaints procedures are linked to challenging behaviour because every individual has the right to make a complaint. Service users making a complaint gives them control and also gives their families control. Someone with challenging behaviour may need this legislation because it gives them the right to make a complaint if they are being mistreated, carer's or teachers may not let them make a complaint and may try and persuade them not to but this legislation allows them to.

Human Rights are linked to challenging behaviour because an individual has the right to express themselves. An individual has the right to freedom but at the same time they need to be protected as well. Individuals suffering with challenging behaviour have the right to education and there are specialist schools that can help them and educate them. Someone with challenging behaviour may need this legislation because although that individual may be showing challenging behaviour they still have the right to say what they feel, or be given respect and they should not be rejected because of their challenging behaviour. They are also very vulnerable and may not be able to speak out so this law protects them.