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Health and Social Level 2

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Malvern House Nursing Home: Charter of service Users’ Rights
Malvern House Nursing Home encourages and supports its Service Users in keeping a high quality of life with respect for their individuality, independence, confidentiality and privacy. By providing twenty-four hour care, the Nursing Home strives to encourage its Service Users to fulfil their emotional and social needs.

Malvern House is able to safeguard its Service Users from discrimination on any grounds, whether it is age, sex, disability, language, race or religion.

They acknowledge the importance of respecting each Service User's uniqueness and their personal needs. Staffs are expected to treat everybody within the Home with respect. The Nursing Home actively seeks to help their Service Users to lead gracious lives.

The charter of service user’s right is not binding legislation for a company to follow but instead it’s a guideline that must be followed by all staffs and residents in the Malvern House, it protects the rights of the service users in the Nursing Home. It makes sure that their Privacy is given because every individual is entitled to their own privacy. This charter makes sure to keep their service users safe from any harm.
For example if Florence was to be a resident at Malvern House Nursing Home this charter would ensure that she is surly protected by the company’s charter by:
• Quality of Life - The right to live within a safe and comfortable environment, within which social care practices support and stimulate in order to enable each individual to enjoy their Life to the full.

• Dignity - The right to be treated in such a manner as to allow the individual to retain dignity at all times.

• Privacy - The right of individuals to be left alone or undisturbed and free from intrusion or public attention into their affairs.

• Security - The right to receive care that provides adequate security to the individual, protecting them both from the 'behaviour of others’ and from any undue danger created by their own behaviour or circumstances.

If something was to go wrong whilst she is at the Nursing home and she wanted to go court then this wouldn’t be possible because the charter is not legislation that could stand up in the court because if government is not law because the company are the ones that are responsible for anything that goes on in the company so the court wouldn’t be able to take a strong action towards the matter.

My opinion the charter should become a law in Nursing Homes because it’s really helpful that Malvern House Nursing Home could take it into their own hands to start up a charter in the Nursing Home but instead of just making it just for their company they could take it up to a higher level, they could protect individuals even more better. I wouldn’t personally attend the Nursing Home because I wouldn’t be able to get a claim back if something was to happen to me whilst I am there, I would be afraid that if I was to get discriminated against strong actions wouldn’t be taken. The Equality Act 2010

There used to be several different laws to protect people from discrimination on grounds of:
• Race
• Sex
• Sexual orientation (whether being lesbian, gay, bisexual or heterosexual)
• Disability (or because of something connected with their disability)
• Religion or belief
• being a transsexual person (transsexuality is where someone has changed, is changing or has proposed changing their sex – called ‘gender reassignment’ in law)
• having just had a baby or being pregnant
• being married or in a civil partnership (this applies only at work or if someone is being trained for work)
• Age (this applies only at work or if someone is being trained for work).

The Equality Act 2010 makes it simpler, the current laws and puts them all together in one piece of legislation. Also, it makes the law stronger in some areas. That depends on what your circumstances are, the new Equality Act may protect you more.

If Florence is discriminated against because she’s disabled, the new Equality Act 2010 could help her. For example, there will be a slightly different test of what ‘disability’ means, this could either be a serious disability or whether it’s a minor disability. When the new law comes in action, it will be easier for her to show that she has a difficulty carrying out her day-to-day duties, and therefore that she could come under the definition of ‘disabled person’ and are protected under the Act. Before the Equality Act 2010, Florence might not have been able to get disability discrimination protection.

Also if Florence is black and she might be discriminated because of her race, the new law might help her. If the day centre staff won’t be able to take action against Florence for being discriminated. This change may help Florence to find out if she may be able to make a claim for race.

In my opinion I feel that this act put down a better Equality Act than the precious anti- discriminated because the old Acts were much more difficult to understand and it was pretty hard for people to get the right claim they need and they surely wouldn’t end up getting the judgement the deserve. If for example Florence was to have a verbal abuse at the day centre and she if her or her daughter was up for it then they could go to EHRC and they would go to court for her or her daughter instead attending court the EHRC would be delighted to go on behalf for Florence.

This is like a sort of pyramid of and the Equality Act 2010 is at the stop of the scale and then Malvern House Nursing Home: Charter of service Users’ Rights is at the bottom of the pyramid because if something was to go wrong then the company would be held responsible because its the company’s laws and not anybodies law but however they both keep each individual safe from any harm, both the Equality Act 2010 and Malvern House Nursing Home: Charter of service Users’ Rights ensure that the individual’s needs are truly met and even though they both have different strategies to achieve this but all that matters is that the service users are truly safe and respected in any way possible.

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