Resources for the Care and Treatment of Vulnerable People in Different Services and Countries

Appendix 1: Specific Guidance and Legislation Relating to Different Settings

All legislation is available to download at www.legislation.gov.uk.

Services Supporting People Who Have Acquired Brain Injury

Guidance:

• Department for Constitutional Affairs (2013). Mental Capacity Act Code of Practice. London: TSO.
• Department of Health (2015). Mental Health Act Code of Practice. London: TSO.
• Welsh Assembly Government (2016). The Mental Health Act 1983 Code of Practice for Wales. Cardiff: Welsh Assembly.

Legislation:

• Adults with Incapacity (Scotland) Act 2000.
• Human Rights Act 1998.
• Mental Capacity Act 2005.
• Mental Capacity Act (Northern Ireland) 2016 (Note: Full implementation was planned for 2020; delays may occur due to the absence of devolved government in Northern Ireland).
• Mental Health Act 1983 (amended 2007).
• Mental Health (Care and Treatment) (Scotland) Act 2003.

Services Supporting People with Autism

Guidance:

• Department of Health (2014). Positive and Proactive Care. London: Department of Health.
• NICE (2012). Recognition, Referral, Diagnosis and Management of Adults on the Autistic Spectrum (CG142). London: NICE.
• NICE (2013). Autism: The Management and Support of Children and Young People on the Autistic Spectrum (CG170). London: NICE.
• NICE (2014). Autism (QS51). London: NICE.
• NICE (2015). Challenging Behaviour and Learning Disabilities: Prevention and Interventions for People with Learning Disabilities Whose Behaviour Challenges (NG11). London: NICE.
• Royal College of Psychiatrists (2014). Good Practice in the Management of Autism (Including Asperger Syndrome) in Adults (CR191). London: RCPsych.

Legislation:

• Autism Act 2009.

Services Supporting Children (Including Residential Schools and Children’s Homes)

Guidance:

• Association of Directors of Children’s Services (2009). A Protocol for Local Children’s Services Authorities on Restrictive Physical Interventions in Schools, Residential and Other Care Settings for Children and Young People. Manchester: ADCS.
• Children’s Commissioner for England (2017). Children’s Voices: A Review of Evidence on the Subjective Wellbeing of Children in Detention. London: Children’s Commissioner for England.
• Children’s Rights Director for England (2012). Children’s Views on Restraint. London: OFSTED.
• Department for Education (2013). Use of Reasonable Force: Advice for Head Teachers, Staff, and Governing Bodies. London: DfE.
• Department for Education (2015). Children’s Homes Regulations, Including Quality Standards: Guide. London: DfE.
• Department for Education (2015). Working Together to Safeguard Children. London: DfE.
• Department of Health and Social Care & Department for Education (2017). Reducing the Need for Restraint and Restrictive Intervention: Children and Young People with Learning Disabilities, Autistic Spectrum Disorder, and Mental Health Difficulties (Consultation Document). London: DoH/DfE.
• United Nations Human Rights (1989). Convention on the Rights of the Child. Available online.

Legislation:

• Care Standards Act 2000.
• Children and Social Work Act 2017.
• Children Act 1989.
• Children Act 2004.
• Children’s Homes (England) Regulations 2015 (SI 2015/541).
• Education Act 1996.
• Education and Inspections Act 2006.
• Fostering Services (England) Regulations 2011 (SI 2011/581).

Services Supporting People Who Are Deaf with Mental Health Conditions

Guidance:

• Action on Hearing Loss (2018). Facts and Figures. Available online.
• Department of Health (2005). Mental Health and Deafness: Towards Equity and Access. London: DoH.
• NICE (2015). Violence and Aggression: Short-Term Management in Mental Health (NG10). London: NICE.

Legislation:

• Adults with Incapacity (Scotland) Act 2000.
• Human Rights Act 1998.
• Mental Capacity Act 2005.
• Mental Health Act 1983 (amended 2007).

Services Supporting People with Learning Disabilities

Guidance:

• Department of Health (2014). Positive and Proactive Care. London: DoH.
• NICE (2015). Challenging Behaviour and Learning Disabilities: Prevention and Interventions for People with Learning Disabilities Whose Behaviour Challenges (NG11). London: NICE.

Legislation:

• Mental Capacity Act 2005.

Services Supporting People with Eating Disorders

Guidance:

• NICE (2017). Eating Disorders: Recognition and Treatment (NG69). London: NICE.

Services Supporting Older People and People Living with Dementia

Guidance:

• Department of Health (2014). Positive and Proactive Care: Reducing the Need for Restrictive Interventions. London: DoH.
• NICE (2015). Violence and Aggression (NG10). London: NICE.

Legislation:

• Mental Capacity Act 2005.
• Mental Health Act 1983 (amended 2007).

Lone Workers

Guidance:

• Health and Safety Executive (2013). Working Alone: Health and Safety Guidance on the Risks of Lone Working. London: HSE.
• Royal College of Nursing (2016). Personal Safety When Working Alone. London: RCN.

Legislation:

• Health and Safety at Work Act 1974.
• Management of Health and Safety at Work Regulations 1999 (SI 1999/3242).

Schools

Guidance:

• Department for Education (2013). Use of Reasonable Force in Schools. London: DfE.
• Department for Education (2016). Behaviour and Discipline in Schools. London: DfE.
• NICE (2015). Challenging Behaviour and Learning Disabilities (NG11). London: NICE.

Legislation:

• Education Act 1996.
• Education and Inspections Act 2006.