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Self-Directed Support- Making the Law Work for You SDS, Human Rights and Equalities

Self-Directed Support- Making the Law Work for You SDS, Human Rights and Equalities

About this course

  • 6 hours study
  • Level 1: Introductory

Ratings

4 out of 5 stars

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You can start learning at any time. By signing up and enrolling you can track your progress and earn a Statement of Participation upon completion, all for free.

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    • Overview


      The course has been developed by trainers with experience in the fields of community care, human rights and equalities legislation.

      Taking an estimated 6 hours of study, to be carried out at your own pace, teaching resources will include written information, video, case-studies, quizzes and exercises to ensure the most engaging experience possible.


  • Course learning outcomes

    Following completion of this course, you will be able to:

    1. Describe the principles underlying the Social Care (Self-directed Support)(Scotland) Act  2013 
    2. List the legal duties of a local authority in carrying out assessments.
    3. Understand the relationship between the 2013 Act and other social care legislation
    4. Understand the processes involved in mounting challenges to local authority decision making
    5. Understand that key principles included in SDS legislation are linked to rights and entitlements in the Human Rights Act
    6. Apply the human rights-based approach in practice in future when engaging with the local authority 
    7. Understand the main concepts underpinning the Equality Act 2010
    8. Identify the responsibilities placed on public authorities under the Act
    9. Apply these principles to challenging SDS decisions.

  • Course dates:

    First Published 24/06/2020.

Course content

Below is the course content. You can click on any section here and it will take you through to this section of the course.
  • SDS and social care law

    Overview

    In this module we will look at the general principles and entitlements contained in social care legislation and statutory guidance, how they relate to the rights of individuals at assessment and decision making stages, and the working relationship between local authority and supported person.

    Specifically we will look at the Relevant Legislation and the duties and powers deriving from them;

    • Social Work (Scotland) Act 1968
    • Children (Scotland) Act 1995
    • Social Care (Self-directed Support)(Scotland) 2013 Act (2013 Act)
    • Self-directed Support (Direct Payments) (Scotland) Regulations 2014/25
    • Statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013
    • Carer’s (Scotland) Act 2016

    We will also introduce the Equality Act 2010 and Human Rights Act 1998 which will be studied in greater detail in the subsequent topic pages.


    Learning Outcomes

    Participants will have a better understanding of:

    • The relationship between the Social Care (Self-directed Support)(Scotland) Act 2013 and other social care legislation
    • The principles underlying the 2013 Act
    • The legal duties of a local authority in carrying out assessments, including carer’s assessment
    • Support planning and the four options which have to be offered under the 2013 Act
    • Limits on the use of self-directed support






    Pages: 7Book: 1Quiz: 1
  • Self-Directed Support and Human Rights

    Overview  

    In this topic we will look at how SDS law is founded in Human Rights.  We will try to answer the questions: What are human rights and What is a human rights based approach? 

    We will look at the legal framework and underlying principles, explain key rights and look at rights based decision-making, case studies and Human rights dilemmas.

    Learning outcomes

    Participants will be confident

    • with their knowledge of relevant human rights
    • to recognise and identify human rights issues in real life situations
    • using their knowledge of human rights to help protect human rights in the context of self-directed support


    Pages: 9Book: 1
  • SDS and The Equality Act

    Overview

    The coverage in this topic should not be viewed as constituting anything more than an introduction to the central concepts and the potential for utilising Discrimination based arguments in challenging SDS decision.

    For a more thorough discussion of the Act in all its applicable contexts see here, here and here

    In this section we will cover:

    • Basic introduction to the Equality Act 2010
    • Protected characteristics
    • Prohibited conduct
    • Remedies
    • Case studies


    Learning Outcomes

    • To inform third sector workers of the rights and protections included in the Equality Act, 
    • To understand how they may impact on their work in supporting individuals in receipt of social care and
    • To recognise how it impacts on challenging decision-making by the local authorities.
    • Practitioners are better able to identify their beneficiaries’ right to equal treatment by the local authority, and equip them with the ability to challenge decision making in cases of potential discrimination.


    Pages: 5Quiz: 1Book: 1
  • Effective Challenges to Decision Making - What to do when things go wrong

    Learning Outcomes

    Participants will be able to:

    • Identify the stages of the decision-making process at which issues may arise
    • Identify the appropriate complaints procedure (s)/ legal remedy
    • Understand in what circumstances decisions are likely to be seen as unfair or incorrect
    • Advise clients on how to challenge poor decision making by local authority through available channels including reviews and appeals, complaints procedure, Care Inspectorate, SPSO and Judicial Review
    • Advise on where to access help and advice if legal challenges are required
    • Cite relevant case law


    Pages: 5Book: 1

Course Reviews

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Course reviews

  • Veronica Harris

    Veronica Harris12 April 2021 2:30

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About this course

  • 6 hours study
  • Level 1: Introductory

Ratings

4 out of 5 stars

Sign up to get more

You can start learning at any time. By signing up and enrolling you can track your progress and earn a Statement of Participation upon completion, all for free.

View this course

Sign up to get more