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Analyse the effect of legislation and policy on assessment processes

This page is designed to answer the following questions:

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For this assessment criterion, you will be required to analyse the effect that legislation and policy have on the assessment process.

When we looked at the underpinning theoretical models of assessment we saw that there is flexibility in the way that we approach the assessment process. However, we must ensure that the way in which we carry out assessments adheres to current legislation, regulation and best practice. Some examples of legislation that we should be aware of during the assessment process are provided below.

Person-Centred Practice

Regulation 9 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires care providers to ensure that care services are person-centred. Therefore, the assessment process must be collaborative and take into account the individual’s unique needs, wishes and preferences, and provide them with choice and control.

Mental Capacity

Similarly, individuals that are receiving care services must be empowered to make their own decisions about their care. Care practitioners must make every effort to ensure that individuals are able to do this in line with the Mental Capacity Act 2005 – therefore practitioners must be familiar with the guidance in the Mental Capacity Act Code of Practice.

Confidentiality

Individuals must be assured that any personal information that they provide to an assessor will be treated confidentiality. Therefore, information must be collected, used and stored in line with the Data Protection Act 2018 (including the General Data Protection Regulations – GDPR) and practitioners must adhere to their common law duty of confidentiality.

Rights

Practitioners must uphold the rights of the individuals that they work with, in line with the Human Rights Act 1998. All individuals must also be treated fairly in adherence to the Equality Act 2010 and must not be discriminated against based on protected characteristics, such as age, disability or sexual orientation.

Health & Safety

Care must be provided in a way that keeps individuals safe (Health & Safety at Work Act 1974), however, this must be balanced against the individual’s rights to take risks (positive risk-taing).

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