Between the devil and the deep blue sea


Posted on June 1st, by editor in Caring Times. No Comments

In the world of healthcare we have a ‘duty to care’ and are also required to operate within the prevailing legislation. Unfortunately we can be caught between the conflicting interests of both because sometimes a duty to care and keeping a person safe from harm with the tools and resources at our disposal is defined as illegal by a Statute. The Human Rights Act 1998 (Schedules: Rights and Freedoms) protects the right of vulnerable people to live uninhibited lives. The Mental Capacity Act has been partially implemented as from 1st April 2007 and the remainder will follow in October. The Act safeguards a person’s independence but recognises that some people will not have the mental capacity to make their own decisions. Yet vulnerable people, such as those who have a severe learning disability or an advanced dementia, need to be protected from the harm they might experience if they were free to use the community at large. Should a vulnerable resident of a care home walk out of the home into a road and be h





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