Key legislation:
Human Rights Act 1998
Health and Social Care Act 2008 Regulations 2014
Mental Capacity Act 2005
Adults with Incapacity (Scotland) Act 2000
Mental Health Act 2007
The Disability Discrimination Act 1995
Safeguarding Vulnerable Groups Act 2006
Carers (Equal opportunities) Act 2004
An individual with
dementia may become deprived of their liberty, rights and choices. They are
also at greater risk of harm and abuse. Therefore, government put various
legislations in place to protect individual with dementia from harm and abuse
and promote their rights. The basic principles of Human rights act 1998 and the
disability discrimination act 1995 are no one should be treated unfairly, due
to their age, race, gender, disability. belief and sexual orientation. Everyone
should be treated equally. These pieces of legislation support the rights of an
individual with dementia. The health and social care act 2008 (regulated
activity) Regulation 2014 emphasized on ‘Person-centred care’ which promotes
rights and choices of individual with dementia. This legislation states that
‘The care and treatment of service users must – be appropriate, meet their
needs and reflect their preferences’. Mental capacity act 2005 impose rule
about deprivation of liberty for individuals with dementia and other mental
illness. It also stated that if it is established any individual does not have
mental capacity, then service provider or designated person must act on
individual’s best interest. In order to minimise the risks of harm and abuse to
individuals with dementia, Safeguarding vulnerable group act 2006 put rules of
vigorous screening system for the worker prior to coming in contact with
vulnerable adults.
All of these legislations
must be maintained in practical work environment by service provider. Violating
or non-compliance of these legislations can be heavily consequence such as operation
closure, license provoked, reprimand and imprisonment.
