Explain how and when personal information may be shared with carers and others, taking into account legislative frameworks and agreed ways of working

Data protection act 1998 states that individuals’ personal and sensitive information must be kept safe and secure and we must not share personal information without individuals’ consent. Therefore, we must obtain individuals’ consent prior to sharing their personal information. Internal policies and procedures put restrictions on who we can share with and what information we can share which can refer to legislation wording ‘need to know’ and ‘right to know’.

In any emergency situation where individuals’ life is at risk, we can share personal information with the appropriate authority that need to know such information to save individuals lives. An organisation has express powers and obligations to share information with only named organisation for certain purpose. You can share individual’s personal information with carers and other professionals such as GP, hospitals, physiotherapists, nurses, mental health nurse, social service, only to improve the individual’s health and wellbeing. The personal data can be shared only with other agreed professionals in order to improve individual’s health and wellbeing. Data also can be shared to prevent crime and identifying criminals with appropriate authority and we do not need to obtain consent for that.

In order to share individual’s personal data we must follow organisation’s policies and procedures on how to share such information. Few standards are described below –

·         Make sure person seeking information has right to know

·         Determine the purpose (it must be beneficial to the individual)

·         Make sure person seeking information is a real and right person

·         Ask the person to make a written request

·         Use encrypted mail server to exchange personal data    
·         In the event of any doubt, you must contact organisation's information security officer

Md Foisal Miah Talukdar

Explain how the likelihood of abuse may be reduced by supporting individuals with awareness of personal safety ?

Many individuals are unaware of the form of abuse and how may they become victim of one. Awareness of personal safety is very important as it can protect individuals from the likelihood of abuse. Awareness of personal safety involves informing individual form of abuse and how they can recognise and protect them. If an individual is aware of all forms of abuse then they can recognise them easily. They will also be aware of how they best can protect them in the event of abuse. Being aware of individuals’ personal safety can increase their self-esteem, which can support them to deal with any kind of potential violence and abuse easily.

·        Individuals are aware of and can recognise all forms of potential abuse

·        Individuals are prepared to deal with this kind of situation prior to any incidence

·        Individuals will know the action they need to take regarding any form abuse or potential    abuse

·        They will also know how they can protect them including techniques to prevention

·        They will also be aware of their legal rights and duties

Md Foisal Miah Talukdar

Evaluate agreed ways of working that relate to rights and choices of an individual with dementia

One of the agreed ways of working is safeguarding adults which relates to rights and choices of an individual with dementia. Every individual has right to be safe from harm and abuse regardless their physical and mental conditions. Therefore, we require to record and report any concern or abuse we observe or come across. Individual with dementia can be subject of abuse or become an abuser very easily as they have lack of mental capacity, poor judgement, poor mobility, disorientation and anger. Therefore, we must take reasonable action according to policies and procedures to promote and maintain rights and choices of an individual with dementia. An example is given below for you to understand better -

Example:

An individual with dementia always choose not to have any personal care. It is the individual’s choice which must be respected. Similarly, you have to consider your duty of care. Your duty of care is what action have you taken or technique you have approached to persuade the individual to maintain personal care. Recording individual’s refusal in provided form is not enough to prevent individual from being self-neglect. You must record what you have done to persuade or to make agree the individual including different time, different person, family meetings or involvement, who did you report and what is the outcome. 

 Md Foisal Miah Talukdar

Explain the meaning of ‘valid consent’

In legal terms, valid consent to care or treatment has three requirements:

·         The individual has the legal capacity and competence to give consent

·         The consent is the free expression of individual’s own accord (not obligated, bounded or pressurised by all means)

·         The consent must be based on sufficient information being provided, and all other advantage and disadvantage are being explained to the individual 

By Md Foisal Miah Talukdar

Explain the impact of key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm for an individual with dementia

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. 

Md Foisal Miah Talukdar

Explain the processes involved in the development, maintenance and breakdown of relationships

Development: After introduction or attraction between participants, a relationship moves onto the development stage. It usually occurs when participants get attracted to one another, show mutual interests and bear same thoughts, dislikes, notion and intellect on various subjects.

Maintenance: Maintenance of relationship requires maintaining basic reciprocity between participants. It may include celebrating something together, exchanging gifts, inviting one another to celebration, providing active support to one another and indulgement. They also build trust by following commitments made to one another in this process.

Breakdown of relationship: This is the process when a relationship ends. A relationship can come to this stage if it is not being properly maintained. There is also a chance of breaking down a relationship at development stage, especially, when participants misinterpret their relationship objectives. Let me give you an example how misinterpretation can occur. Mr. X fell in love with Miss Y at first sight where Miss Y’s approach was to maintain just a professional relationship.

Md Foisal Miah Talukdar

Describe the possible impact of difficult or dysfunctional relationships on an individual’s well-being and self esteem

Let me start with a common quote occasionally I hear “I have nothing to live for”.

Many individuals may feel lonely and low self-esteem because of dysfunctional or difficult relationship. Dysfunctional or difficult relationship can contribute stress and depression on individual’s health and wellbeing. Due to lack of other human contact, social network or any supportive relationship, an individual may suffer emotional and psychological turmoil in their life. It can affect their self esteem, trust and fairness to others. Some individual may not be able to cope with this kind of mental stress or adapt with this change and become violent and aggressive or even can commit suicide.

By Md Foisal Miah Talukdar