The Legal Rights of People with Dementia in Health and Social Care

Jim Pearson

Alzheimer Scotland

Welfare Rights Manager

Why are rights in health and social care important?

Progress is being made

People with dementia still experience Stigma Discrimination Indignity Neglect Harm

Sources of Legal Rights in Scotland

UK Legislation Human Rights Act 1998 National Health Service and Community Care Act 1990 Disability Discrimination Act 1995

Scottish Legislation Community Care and Health (Scotland) Act 2002 The Regulation of Care (Scotland) Act 2002 The Adults with Incapacity (Scotland) Act 2000 The Mental Health (Care and Treatment) Scotland Act 2003 Adult Support and Protection (Scotland) Act 2007

The core values of Human Rights

The Human Rights Act 1998 adopts the rights in the European Convention of Human Rights and is based on a set of core values, these are:

Fairness Respect Equality Dignity Autonomy

The Human Rights Act requires all legislation made by Scottish & UK Parliaments to be compatible with the Act

Adults with Incapacity (Scot) Act 2000

Principles Defines “Incapacity” Establishes “Office of Public Guardian” Duties for other public bodies Provisions for proxy decision making for both

financial and welfare matters, including Powers of attorney Guardianship and intervention orders Medical treatment

Mental Health (Care & Treatment) (Scot) Act 2003

Sets out when people can be legally required to go into hospital, or to accept services or treatment that they may not want

New rights and safeguard independent advocacy services Advance statements Named person The Mental Health Tribunal – which will hear cases under

the Act The Mental Welfare Commission

Adult Support & Protection (Scot) 2007

Principles Defines who is an ‘adult at risk’ and what ‘harm’ is Statutory duties and powers for Scottish Local

Authorities to inquire and investigate when an adult is at risk of harm.

Duty to consider the provision of advocacy and other service

Duties of cooperation between public bodies Three types of Protection Order

Regulation of Care (Scot) Act 2001

Scottish Care Commission registers & inspects all services regulated under the Act taking account of the national care standards issued by

Scottish Ministers.

Scottish Social Services Council Duty to promote high standards of conduct and practice overall aims of protecting service users and carers and

securing the confidence of the public in social services publish codes of practice for all social services staff and their

employers

Community Care & Health Scotland Act 2002

The Act introduced Free Personal Care For people aged 65 or over Free Nursing Care for people of any age Direct Payments

For Carers Right to ask for a carers assessment Duty on Local Authorities & NHS to inform carers of rights to

a carers assessment

Has Scotland got it right?

Positive developments in legislation in past several years.

Better awareness and understanding of dementia Scottish Government has made positive changes in

Health and Social Care policies The framework of rights is essentially in place. However, too many people with dementia are not

having their rights recognised Development of Charter of Rights.

Draft Charter of Rights

Charter is an initiative of the Scottish Cross Party Group on Dementia.

It cover rights in all areas of life from diagnosis to end of life care

The Charter is intended to empower people with dementia and their carers so that they

can assert their rights ensure that those who provide health, social care and other

services understand and respect the rights of people with dementia and their carers

ensure the highest quality of service provision