Version 3
Practice No.
108
Page 1 of 4
HCC AS 10/06
Section 1 – all
practice guidelines
apply to this Charter
of Rights
Reference:
10/06
Universal Declaration of
Human Rights 1948
European Convention
on Human Rights 1950
Human Rights Act 1998
Mental Capacity Act
2005 – Deprivation of
Liberty Safeguards
Last up-dated
January 2011
NMC Code of Professional
conduct
GSCC Code of Practice for
Social Care Workers
RESIDENTS’ AND SERVICE USERS’ - CHARTER OF RIGHTS
Hampshire County Council respects the Right of each resident and service user to
lead as independent and fulfilling a life as possible. The following policy will be
observed by all care staff, as a Residents’ and Service Users’ Charter of Rights,
which will always be readily available for inspection by residents, service users,
relatives and visitors to the home. The Rights encompassed in this guideline will also
apply to staff and visitors to the home.
The ‘Charter of Rights’ to be displayed in all locations
is appended at the end of the guideline.
1.
The Rights of residents and service users in this service are based on the
following principles :



Respect
-
Fair treatment, the right to life and the
peaceful enjoyment of one’s home, private
and family life and property, and not to be
unreasonably deprived of one’s liberty.
Equality
- Freedom of thought, conscience and religion,
and free expression of beliefs, regardless of
physical and mental capability. The right to
have assistance, where necessary and
practicable, to access the facilities available
within the wider community, medical,
social, educational and leisure.
Dignity
- The Right not to be discriminated against in
respect of these Rights or subjected to
degrading treatment. The Right to
confidentiality in relation to medical and
personal information, access to information on
file and to know on what basis information is
shared with others.
Autonomy - Freedom to participate in making decisions
with the Right to comment and have
one's expressed opinions heard and
listened to. The Right not to be punished for
something that wasn't a crime. The Right to
have a personal advocate or representative to
safeguard one's interests, if required.
2.
Types of Rights
When caring for individuals with varying physical and mental capabilities,
there will be occasions when there is a dilemma for the carer, between
maintaining the Rights of the individual and providing care which is
believed to be essential. In such situations, the type of Right must be
considered and objectively presented to the person concerned and/or their
advocate.
Rights may be :2.1
Absolute
Absolute Rights cannot be limited or interfered with in any way, by any
organizations or public authority. An example of an absolute Right
that may apply in a care setting, is the right not to be treated in an
inhuman or degrading way. e.g. Being subjected to invasive
procedures without consent.
2.2
Limited
Limited Rights will only apply in specific and finite (time limited)
circumstances. An example of a limited Right that may apply
in a care setting is the Right to liberty. In residential care, an
individual may only be deprived of liberty in accordance with the
principles of the Mental Capacity Act 2005 – Deprivation of Liberty
Safeguards. e.g. Locking of doors and use of bed rails.
2.3
Qualified
Qualified Rights can be limited in a wider range of circumstances than
limited Rights and are the majority of the Rights specified in the
Human Rights Act. This is because the protection of qualified Rights
can affect the Rights of others. e.g., someone’s Right to freedom of
expression may compete with another’s Right to respect and dignity.
HCC Adult Services may take action that interferes with these rights
when a number of general conditions are met BUT any interference
with a qualified Right must be in pursuit of a legitimate aim that is set
out in the Human Rights Act, e.g. to protect the Rights of others or for
the protection of health of the individual or others.
References :
Universal Declaration of Human Rights 1948
European Convention on Human Rights 1950
Human Rights Act 1998
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAnd
Guidance/DH_088970
•
Name of Home
Residents’ Charter of Rights
(Residential, Nursing and Day Care Practice Manual: 108)
All Residents of this home have the Right :
1.
To retain their personal dignity, choice and independence,
irrespective of their physical or mental capability
2.
To have their personal privacy respected in all aspects of
their personal care and daily living, at all times
3.
To be able to express their social, emotional, religious,
cultural and political needs and to have them accepted and
respected
4.
To have skilled, sensitive and understanding care and
support to enable them to aspire to, and achieve, the
highest possible quality of life
5.
To be involved in, and to be kept informed about, their
individual assessment of need
6.
To be involved in the development and implementation of
their Plan of Care
7.
To be consulted about personal and communal daily living
arrangements in the home, and to participate in discussions
about proposed changes to these arrangements
8.
To have a regular review of their individual circumstances,
and to have the right to be present and/or represented at
any review meetings
9.
To choose their own Medical Practitioner and Dentist, and
to consult with them in private
10.
To have access to hearing and sight tests and appropriate
aids, according to need and to have access to those NHS
services to which they are entitled
11.
To have access to specialist medical, nursing, dental,
pharmaceutical, chiropody and therapeutic services and
care from hospitals and community health services and
other appropriate external agencies
12.
To manage their own personal affairs, including finances
13.
To be kept informed of all the services offered by the home
14.
Not to be moved without prior consultation
15.
To have access to the formal complaints procedure
16.
To be given the opportunity to vote in local and general
elections
The only limitation or qualification of these Rights will be in
accordance with the legal and regulatory requirements
necessary to protect the health and safety of the individual,
other residents, visitors and staff, and to ensure that the
appropriate level of care can be provided
• Equality
Autonomyhttp://www.dh.gov.uk/en/Publicationsandstatistics/Publications/Public
ationsPolicyAndGuidance/DH_088970http://www.dh.gov.uk/en/Publicationsand
statistics/Publications/PublicationsPolicyAndGuidance/DH_088970Ref