1) Provide an outline of two pieces of legislation/guidance used to deal with challenging behaviour. 2) Explain how each piece of legislation/guidance from P2 (1) is applied when dealing with challenging behaviour The two legislations I will choose to talk about that are used to deal with challenging behaviour are: The children’s Act 1989
The children’s Act 2004 is the altered version of the children Act 1989. The main purpose of this act was to provide help and boundaries for the local authorities and other individuals/carers, to regulate better official involvement in the interests of children. The act has become the basis for most official administration considered helpful to children. The children’s act protects:
the child is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a local authority under Part III of the Children Act 1989; the child’s health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or The child is disabled.
In relation to challenging behaviour the children’s Act 1989/2004, granted a duty on all agencies to make arrangements to promote and safeguard the welfare of children. The children’s Act 2004, section 11 places duties on many agencies including the children’s services authorities, this also encourages agencies such as children’s homes and schools to shares concerns for the children’s safety and welfare and to ensure prevention before an incident occurs, for example if a child is being banging the tables in class when he is angry, it is important for the teacher to report this to a higher body before the this happens again or put the other children, the child himself or staff in further likeliness of danger. The primary duty of this legislation is to ensure the right to freedom, respect and dignity is still kept while ensuring safety from harm.
The Mental Capacity Act 2005
This act is put in place to cover, empower and protect people who can’t make decisions for themselves. This act is able to make decisions when they need to be made this is called ‘mental capacity’. This Act was also put in place to help plan ahead in case they are unable to make important decisions for and in the future. It was put in place for people with challenging behaviour and mental health problems such as learning difficulties, brain and stroke injures, dementia, autism etc. and covers individuals from the age of sixteen and above. The main purpose of The Mental Capacity Act 2005 is to: To allow decisions that are concerning personal welfare or property and affairs to be made in the best interests of adults when they have not made any future plans and cannot make a decision at the time. To ensure an NHS body or local authority will appoint an independent mental capacity advocate to support someone who cannot make a decision about serious medical treatment, or about hospital, care home or residential accommodation, when there is no family or friends to be consulted. To provide protection against legal liability for careers
who have honestly and reasonably sought to act in the person’s best interests To provide clarity and safeguards around research in relation to those who lack capacity. ( CHANGE WORDS) In terms of challenging behavior this The Mental Capacity Act 2005