Positive care environments (on elderly people)
In recent times, the society has taken cognisance of the rights of the elderly in the community. The elderly has been exposed to numerous abuses; these include physical, emotional, sexual financial and even worse neglect. Although the government has put up programs to alleviate the situations, many cases go unreported; the Elder Justice Act of 2010 has proved not to be enough. Over the years, the elderly people challenges have been viewed majorly as a social and development issue (Advanced Health and Social Care, 2008). This stance has rapidly changed in the past few years and the elder problem is now viewed as a human rights issue. There are important core values and fundamental rights attributable to the elderly and the government and the society as a whole must put up programs to ensure that the old are properly cared for.
Arguably, the discourse on elder people rights has been scanty and only positive strides have been made in the past decade (Advanced Health and Social Care, 2008). This paper will tackle two major issues, first the healthcare of the elderly and the service providers or the carers and in doing so the paper will discuss important core values in the healthcare system. Secondly, the paper will highlight and discuss the rights of the elderly persons.
Principles of care and core values in the health and social care
As a society, we should inculcate in us the habit of caring for the elders, irrespective of their residencies whether in the long-term care facilities or living in their own homes because these principles influence the working practices of care workers in providing quality care. The old in the community should be treated respectfully. There are care value base that provide guidelines for every care practitioner. This core value emphasizes the work of every player in health and social care.
As stated earlier, values underpin the good care practice. These values include the following: Individuality, and identity, rights, choice, privacy and confidentiality, Independence, Dignity and Respect (Advanced Health and Social Care, 2008).
Describe the importance within your chosen group to have a care value that emphasise on;
Confidentiality ensures that the information submitted is not accessed inappropriately (Advanced Health and Social Care, 2008). The care workers are privy to much information about individuals and it is important that the data be managed to avoid unauthorized. Moreover, confidentiality is emphasized under Article 8 of the Human Rights Act 3.70 Study Guide which that states:
‘Your right to private life can also include the right to have information about you, such as official records, photographs, letters, diaries and medical information, kept private and confidential. Unless there is very good reason, public bodies should not collect or use information like this’ (Advanced Health and Social Care, 2008).
The Service users and their carers assume that personal information is handled appropriately and in confident (Advanced Health and Social Care, 2008). Appropriate precaution should be taken to store information either under lock and key or under strong password protection. The Data Protection Act 1998 and the Public Interest Disclosure Act 1998 are some of the legislations that protect older persons and ensure that care service remains private (Advanced Health and Social Care, 2008). Organisations should have policies and procedures that enable you to work responsibly with the information that you are privy to. Good Communication in the care sector between both professionals and organisations can lead to sound continuity of care and consistency in service delivery (Advanced Health and Social Care, 2008).
Confidential information comes with legal duty of confidence. As such, the Department of Health guidelines information can only be released with express or implied consent from the elderly, compulsory reporting of certain assaults, when subpoenaed and where the older person is a danger to themselves or others.
- b) Effective communication
Effective communication is important for the carer to create a positive relation with the elderly in order for him to co-operate and gain each other’s trust in order for them to speak freely with each other and to report anything about his personal feelings or his medical conditions (Smith et al, 2006). The family and paid caregivers may overlook certain roadblocks to effective communication with impaired older adults and consequently misinterpret verbal and behavioral messages (Smith et al, 2006). The importance of communication as fundamental aspect of human relationships is underscored and need for strategies to promote more effective communication (Smith et al, 2006).
In order to have an effective communication all the process must be completed (Smith et al, 2006). The Components of the Communication Process are as follows:
First, the Sender: person sending the message, second the Receiver: the recipient of the message, third, verbal message: spoken words and includes nonverbal message: such as gesture, tone variations. Fourth, feedback: response to the message influenced by our perception and the environment and lastly, transmission: the verbal and nonverbal messages information from the sender to the receiver (Smith et al, 2006).
Even though the message has been transmitted successfully, ineffective communication can arise as a result of barriers such as hearing loss, loss of sight and touch (Smith et al, 2006). In addition, diseases and disability can contribute to inabilities to communicate especially when the elder suffers from Dysarthria, Aphasia, and lung disease and brain injury, stroke and dementia (Smith et al, 2006).
Fortunately, certain measures can be taken to intervene and improve communication between carerer and the old persons. Such measures include: use of gestures, tone variations, signs and diagrams, slow talk, hearing aids, verbal cues among others (Smith et al, 2006).
- c) Anti- Discriminatory Practice
Discrimination arises when an individual or group of persons are subject to different treatment. Discrimination can either be direct, indirect, individual, structural and in our case institutional (Advanced Health and Social care, 2008). Therefore, Anti- Discriminatory Practice refer to strategies put in place to eliminate discrimination and oppression from care practice and institutional. By devising anti- discrimination strategy, a service giver can terminally reduce the instances of discrimination (Advanced Health and Social care, 2008). As stated, discrimination mainly arises from personal prejudice or values, cultural beliefs and structural systems. Thus, a value system that incorporates these aspects would certainly be a good step in improving elderly health care (Advanced Health and Social care, 2008).
Discrimination should be looked wholesomely, because the there has been cases of discrimination within the care sector on the care workers based on gender and race (Advanced Health and Social care, 2008).
- d) Empowerment
This is the process of becoming stronger and more confident, especially in controlling one’s life and claiming one’s rights (Advanced Health and Social care, 2008). From the word ‘care’ we get the meaning of someone needing assistance but the core to quality and satisfactory care is focused on empowerment and independency (Advanced Health and Social care, 2008). There are contradictory empowerment programs but many are dependent on the service user or patient group and care setup. For instance, the very old require complete hotel facilities whereas the less old can use home like facilities (Advanced Health and Social care, 2008). However, concentration should be placed on developing individual skills and also giving them are relevant information and chance to make decisions, and helping them with aids and adaptations, training or occupational therapy (Advanced Health and Social care, 2008).
- e) Respect for individual choice, identity culture and beliefs
A care provider when taking care of an elder person he must ensure that the level of respect remain the same irrespective of the service users state. Respect is important as it improves a person’s confidence; in fact, conducting yourself with respect will create a sense of high level of professionalism (Advanced Health and Social care, 2008). Importantly, respect touches on the matter of dignity because the service user may or not want to share any information with the family. In order for choice to be purposeful, service users and carers must have clear communication (Advanced Health and Social care, 2008). Allowing a person for an opportunity to make choice is very fundamental as the choice made could in one way or another affect their lives.
A Service user just like the rest of us have their own believes. Therefore, is the elder is a religious person care giver must afford necessary tools or time for him/her to pray. This should extend to other believes or lifestyles such as vegetarians, interactions, mode of dressing or even supervised leisure (Advanced Health and Social care, 2008). Importantly, a service user’s beliefs and identity would allow an individual to realize their intellectual, emotional and social possibilities (Advanced Health and Social care, 2008). Furthermore, by understanding the cultures of the patient, a carer would make less prejudicial arrangements.
Describe how organizations respect service user’s rights through policies and procedures such as:
The law protects the rights of a person to privacy, thus, one of the policy that service providers should adhere to is keeping the information of a service user confidential and respectfully (Caldicott and Manning, 2013). This is achieved through trustowrty relations that give room for open and candid talks. Social care workers should maintain the level of professionalism and where there is leak of information a satisfactory apology must be made (Caldicott and Manning, 2013). Moreover, they should collect information that is correct and testament of the medical history of the service user.
Second, the social care works have a duty to share the information only when it is necessary (Caldicott and Manning, 2013). Direct care of the information means they should only release it when safeguarding the interest of the service user. The organization must put polices in place to ensure that only permitted persons view the information unless consent is withdrawn (Caldicott and Manning, 2013). Necessary, proportionate information and relevant should only be released for instance information that disclose allergic reactions.
Third, information kept is personal and at no instance should it be used to further research activities either for the benefit of the community or the care providers (Caldicott and Manning, 2013). The information should only be used upon an informed consent of the service user, under a court order or other legislations (Caldicott and Manning, 2013).
Fourth, the organisation must have policies that give the service use permission to refuse divulging confidential information (Caldicott and Manning, 2013). In absence, the organisation should respect the decision of a person. A service user should also be provided with all information to allow him make a decision on whether to disclose or not. In instances, where information was used in a field research, the organisation should keep confident the identity of the person (Caldicott and Manning, 2013).
Fifth, an organisation should put up policies and procedures to ensure that confidentiality is protected (Caldicott and Manning, 2013). This is achieved by having a security system where a senior individual is appointed. The person should ensure that the service providers adhere to the policies discussed and that the organisation understands the consequences of breaches (Caldicott and Manning, 2013). Moreover, an Information governance toolkit Assessment should be introducing to ensure that only authorised persons access the information, information is kept in a secured place, disposal unwanted information and training in maintaining the systems put in place (Caldicott and Manning, 2013).
Furthermore, if a second organisation request for information the parties must sign a confidentiality report (Caldicott and Manning, 2013). Lastly ensuring that the social care workers within the organisation follow the policies and procedures put in place and for record purposes a report is made periodically.
- Advocacy Policies
In order for a service to make right decision he/she must have all the information about the service and the provider especially in cases where there is evidence of substantial difficulties. Advocacy policies are a platform where a person can ask questions and get answers and clarifications (Local Government Association, 2015). Organizations ensure that a service user rights are protected by using a service of an advocate who is independent. The advocate will present your case and ensure that proper procedures are adhered to by the health care service (Local Government Association, 2015).
The independence of an advocate dispels the fears of collusion or conflict of inters because he does not serve the interest of the NHS or the local authority (Local Government Association, 2015). The advocate roles include exploring better options; promote your rights and participating in decision making.
The Care Act provides for standard regulations of advocacy and binds all advocates. Organizations ensure that the advocate appointed by the service user meets the standard and qualifications under the Act for instance National Advocacy Qualification within a year (Local Government Association, 2015).
The care providers ensure that the service user get the correct information, the Care Act impose stiff penalties on organizations that provide false information. Therefore, the care giver has duties under the law; the organization must operate within the confines of law (Local Government Association, 2015). Therefore, when coming up with advocacy policies an organisation must ensure that the law if followed and the rights of care user are adequately provided for.
Lastly the care giver must always be respectful and put measures in tandem with the regulations especially where things fall apart and report to the Care Quality Commission (Local Government Association, 2015). This is the duty of candour to the commission and the service user. Thus, organisation advocacy policies should empower the service user, offer protection and prevention, and transparent (Local Government Association, 2015).
Describe the different forms of redress service users can access if their particular needs have not been promptly met?
A service user is entitled to receive quality health service and where such a service is denied, he or she can seek redress from institutions organisation, local board or commission and from the ombudsman. The complaint would ordinarily depend on the service provider (Lister & et al, 2008).
For instance, if the service is provided by the National Health Service, a service user can make a complaint by phone, a letter or email (Lister & et al, 2008). The law requires that all health and care service have a complaint process. If a complaint is made directly to the National Health Service and no action has been taken then an appeal can be made at the Health Service Ombudsman (Lister & et al, 2008).
A redress mechanism ought to be very clear. If a complaint is made to a health service care not paid by the National Health Service, it can be brought under the umbrella of the Primary Care Trusts and Local Authorities (PCT and LA) who reports to joint Health and Social Care Oversight and Scrutiny Committee (Lister & et al, 2008). In application, a redress mechanism would normally start with an informal local resolution under the present service care team (Lister & et al, 2008). If unsatisfied, a formal resolution would be sought from the senior management the organisation. If still dissatisfied, a further appeal can be made to the Health and Local Government Ombudsman Service.
Once received the complaint will be assessed, reviews or referred for investigation. Where a complaint cannot be determined at a particular stage, an explanation should be provided before it is forwarded to the next body (Lister & et al, 2008). The decision and the process applied should not raise any doubt and if there is lack of substantial evidence and high cost such complaints should not be sent to the Ombudsman (Lister & et al, 2008).
Moreover, a more simper form of redress is through a letter, where a letter makes a request or stipulations the law protects such communication so that it cannot be produced in court and admitted into evidence (Lister & et al, 2008). Additional costs incurred or other expenses can be properly discharged in a personalized letter (Lister & et al, 2008).
The National Health Service Redress Act of 2006 allows for claim on No- fault compensation scheme which requires service user not to prove their claims but only injury that was caused by the intervention of the service provider (Lister & et al, 2008). Other form of redress included arbitration and tort claims enforced through the court processes (Lister & et al, 2008).
In a conclusion, the paper has shown the rise in literature and programs put in place to improve the health care of the elderly. They should be treated with respect and dignity. Service providers should ensure that the programs in care homes are humanely, and proper procedures put in place and care values should be a guide on all players.
Advanced Health and Social care. (2008). The Value Base of Health and Social care. Chapter 3, 77-110. Retrievedfromhttp://www.pearsonschoolsandfecolleges.co.uk/FEAndVocational/HealthAndSocialCare/Professional/AdvancedHealthandSocialCare/Samples/Samplematerial/Chapter%203%20for%20newsletter2.pdf
Caldicott, D.F and Manning, K. (2013). A Guide to Confidentiality in Health and Social Care. Published by Health and Social Care Information Center. Pg 5-32. Retrieved from http://content.digital.nhs.uk/media/12822/Guide-to-confidentiality-in-health-and-social-care/pdf/HSCIC-guide-to-confidentiality.pdf
“Guide to the Care Act 2014 and the implications for providers”. Local Government Association. 2015. Retrieved from http://www.local.gov.uk/documents/10180/6869714/L14-759+Guide+to+the+Care+Act.pdf/d6f0e84c-1a58-4eaf-ac34-a730f743818d
Lister, G. et al. (2008). Handling Complaints in Health and Social Care: International Lessons for England. Pg 1-37. Retrieved from https://www.nao.org.uk/wp-content/uploads/2008/10/0708853_international_review.pdf
Smith, M. R.N and M.S. (2006). Effective Communication with Elders. Published by The John A. Hartford Center Of Geriatric Nursing Excellence (Hcgne), College Of Nursing, and University Of Iowa. Pg 1-18. Retrieved fromhttps://nursing.uiowa.edu/sites/default/files/documents/csomay/2%20-%20Getting%20Facts%20-%20Communication%20Support%20Materials.pdf