HUMAN RIGHTS ACT (HRA) 1998
CONSIDERATION OF IMPACT ON POLICY AND SERVICES
Name of department:
Title of policy* being assessed:
Name and role of the officers
completing this assessment:
Contact telephone number(s):
Date assessment completed:
Adults and Communities
Assistive Technology Service
David Stanton- Project Manager
0116 3058349
5th July 2013
* NB ‘Policy and Services’ is taken as shorthand for policy, programme, project, strategy,
practice or service.
Please provide a brief description of the policy being reviewed:
Leicestershire County Council currently operates an Assistive Technology Service for
people aged 18 and above where there is an assessed early intervention and prevention
need.
The Service is intended to provide an effective, comprehensive and innovative approach to
the use of telecare in line with Leicestershire County Council’s early intervention and
prevention work stream. The service will:
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Reduce risk for those living at home
Prompt rapid and appropriate response to emergencies
Manage specific conditions
Delay admission to residential or nursing care
Enable safer discharge from hospital or care
Replace elements of an existing support plan (service substitution)
Enhance an existing support plan in order to improve opportunities of
independence, choice and control (prevention).
Please also clarify whom this policy most directly affects, as that may not always be
clear from the title of the policy (and bear in mind that a policy also may have a
disproportionate impact on a particular social group because that group has needs which are
distinct from the general population)
The service is for people aged 18 and over who are residents of Leicestershire and where
an assessment for telecare can identify a support need or an early intervention/prevention
need. The service supports people across all of the recognised equality strands.
When assessing the human rights impact of a policy it is important to look not only at what
the intention of the policy is, but also its outcomes (or likely outcomes) – both direct and
indirect. Using the HRA Guidance Document of 1st May 2013, indicate with a tick in the
table below whether or not any of the following Articles apply to the above-named policy.
(Some Articles may not be relevant, and you may also find it helpful referring back to the
guidance notes on Article 14).
Part 1: The Convention – Rights and Freedoms
Article 2: Right to life
Article 3: Prohibition of torture, inhuman or degrading treatment
Article 4: Prohibition of slavery/forced labour
Article 5: Right to liberty and security of person
Article 6: Right to a fair trial (applies to criminal and civil issues)
Article 7: No punishment without law
Article 8: Right to respect for private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry
Article 14: Prohibition of discrimination (linked to convention rights)
Part 2: The First Protocol
APPLIES
N/A
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APPLIES
Article 1: Protection of property/peaceful enjoyment
Article 2: Right to education and out-of-school children
Article 3: Right to free elections
N/A
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Please state whether there are any current references in the policy (providing the text or a
brief summary) and to which Article(s) the references apply:
Article(s)
Current HRA references contained in relevant documents
Please state why you consider that any particular Article does or may apply to the abovenamed policy:
Article(s)
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Reasons for applicability
AT support may be provided for people who lack capacity to make informed
choice about technology used as part of their support plan. For example,
someone with a dementia condition who engages in purposeful walking
(leaving their home accommodation) and who is assessed as being at risk as a
result of doing so, may be supported with Door exit sensors, Bed/chair
sensors, PIR Sensors and GPS tracking technology. In such cases, the
County Council must follow existing protocols and procedures around mental
capacity assessment and best interest decision making. In all cases, the least
intrusive solution must be provided. Ref. GPS Protocol for staff; Ethical use
of telecare (2010).
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-An assessment of need in relation to Assistive technology will include
accessing and handling of a range of personal information relating to individual
service users. All such information must be appropriately managed under
Leicestershire County Council policy and procedure concerning data protection
and information governance.
-Assistive technology may include a range of peripheral sensors which monitor
an individual’s movements (or lack of) within their own home. This should
always be undertaken with the service users knowledge, understanding and
agreement or where a mental capacity assessment has concluded with a best
interest decision. Ref. Just Checking protocol for staff.
The guiding principles in relation to the appropriate use of Telecare are
informed by the four principles of:
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Non Malfeasance (which means “do no harm”)
Beneficence (striving consciously to be “of benefit” to the person)
Autonomy (respecting the person’s rights to self-determination,
freedom, privacy and choice)
Justice (treating everyone fairly, taking into account diversity and
individual differences.)
The Assistive technology service provides support for people aged 18 and
above with an early intervention and prevention need. The service is provided
to people in Leicestershire across all of the recognised equality strands. The
service must ensure that promotion, assessment and support solutions take
appropriate account of individual needs and are provided in a nondiscriminatory manner in line with Leicestershire County Council policy and
procedure.
What text/guidance/information might you be able to add to the policy to begin to address
Human Rights Act implications?
Article(s)
Possible additional text/guidance/information
Please set out what else you consider needs to be done to address Human Rights Act
implications for the policy: