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 ⇒ Level 4 Diploma in Adult Care ⇒ Level 4 Diploma Optional Units ⇒ Unit 435 Mentoring in social care ⇒ 2.1 Explain legal and organisational requirements relating to: a. data protection b. privacy c. confidentiality d. safeguarding and disclosure

2.1 Explain legal and organisational requirements relating to: a. data protection b. privacy c. confidentiality d. safeguarding and disclosure

Qualification: Level 4 Diploma in Adult Care Optional Units
Unit: Unit 435 Mentoring in social care
Learning outcome: 2. Understand the use of mentoring in a social care setting
Assessment criteria: 2.1 Explain legal and organisational requirements relating to: a. data protection b. privacy c. confidentiality d. safeguarding and disclosure

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  • Organisational requirements will vary between organisations, so it is essential for you to understand the requirements of the organisation that you work for.
  • Data Protection:
    • The General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 require the secure and lawful processing of personal data. This includes obtaining consent where necessary, ensuring data is accurate, and protecting it from unauthorized access or loss.
    • Organisational policies typically outline specific measures to ensure compliance, such as secure data storage, data minimization practices, and regular data audits.
  • Privacy:
    • The Human Rights Act 1998 protects the right to respect for private and family life. In social care, this means respecting service users’ privacy in all aspects of their care.
    • Organisations must have policies that protect the privacy of individuals, including when personal care is being provided, during medical examinations, and in maintaining personal space.
  • Confidentiality:
    • Care workers are required to keep personal information about service users confidential, sharing it only when necessary and with appropriate consent, as per the common law duty of confidence.
    • Organisational policies often set out when and how information can be shared, and with whom. Staff usually receive training on these policies to ensure they understand their obligations.
  • Safeguarding and Disclosure:
    • The Care Act 2014 and the Safeguarding Vulnerable Groups Act 2006 set out legal obligations for safeguarding adults in care. Workers have a duty to report any suspicions or allegations of abuse or neglect.
    • Organisations should have clear safeguarding policies, including procedures for reporting concerns internally and to external bodies, such as local authority safeguarding teams.
    • Disclosure and Barring Service (DBS) checks are also a key legal requirement for those working in social care to prevent unsuitable people from working with vulnerable adults.
  • These laws and organisational requirements are designed to protect the rights and wellbeing of service users, while also providing clear guidelines to care workers about their responsibilities. Non-compliance can result in legal consequences, professional disciplinary action, and harm to service users. Therefore, understanding and following these regulations is of utmost importance.
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