Respect for Human Rights Policy

Aim

The aim of Cavendish Homecare Professionals is to ensure that human rights are respected throughout the organisation, including the human rights of clients to privacy, dignity, autonomy and freedom from discrimination and unlawful restriction.

Cavendish Homecare Professionals recognises the following relevant legislation and international conventions:

UN Declaration of Human Rights 1948
European Convention on Human Rights (ECHR)
Human Rights Act 1998
Equality Act 2010
Mental Health Act 1983 and the Mental Health Act Code of Practice 2015

Policy

Cavendish Homecare Professionals believes that it must respect the human rights of all clients, their families and representatives at all times.

In this organisation:

Effective governance arrangements will be in place which will include monitoring of human rights standards as well as effective remedies for human rights breaches.
All staff will work to eliminate discrimination by embedding equality through systems, processes and outputs and ensuring that all forms of discrimination are prohibited, prevented and eliminated.
Where staff have concerns or recognise that abuse is occurring or that human rights are not being respected they will be expected and encouraged to report their concerns through the appropriate safeguarding channels and policies. In certain cases this may include whistleblowing.
Clients and their families and advocates will be empowered by providing them with choice based on the provision of information and knowledge – all information should be supplied in a format that each client can understand.
All staff will respect the privacy, dignity and property of clients at all times.
Respecting patients’ privacy encompasses the circumstances in which patients may meet or communicate with people of their choosing in private, including in their own rooms, and the protection of their private property.
Blanket restrictions which restrict a client’s liberty and other rights, which are routinely applied to all clients without individual risk assessments to justify their application, should be avoided unless they can be justified as necessary and proportionate responses to risks identified for particular individuals.
Care must always be based on the principle of the ‘least restrictive option’ where independence and autonomy are maximised and clients empowered, wherever possible, to make their own decisions.
Clients (or their representatives) should always be asked for their explicit, informed consent whenever care or treatment services are being proposed to meet their needs.
The confidentiality of clients’ consent decisions and deliberations should be respected at all times.
Where a client is suspected of lacking the capacity to make an informed decision relating to a consent issue then a ‘best interests’ decision may have to be made for them – in such cases the full provisions of the Mental Capacity Act 2005 should be followed, the fact that they have not been able to give their valid consent should be fully recorded using an appropriate

form and, where necessary, deprivation of liberty safeguarding procedures should be implemented.

Any valid advance decision by a client should always be fully respected.
The organisation should support, enable or facilitate advocacy for any client who might require it by being undecided about giving consent or by lacking the capacity to give their informed consent.
Clients, and their relatives and advocates, will be made fully aware of the organisation’s complaints procedures and helped to complain wherever they need assistance.
Clients will be protected from discrimination by the implementation of effective anti-discrimination policies and procedures that encourage equality and respect for diversity.

Management duties

Managers have a duty to:

regularly audit the use of this policy and the effectiveness of procedures to promote safeguarding from abuse and respect for human rights
monitor complaints and compliments relating to abuse and human rights issues or breaches, taking action as required and fully investigating any complaints
ensure that there is robust monitoring of equalities so that the organisation can better understand how people with protected characteristics are protected from discrimination
obtain qualitative evidence on clients’ experiences with respect to equality
ensure that clients, and their relatives and representatives, have adequate processes in place to be able to register queries or complaints about human rights issues and to have their thoughts listened to and acted upon.

Staff duties

Staff in this organisation have a duty to:

report any safeguarding concerns, discrimination or suspected abuse/failure to respect human rights
always act in full compliance with the Equality Act 2010, the Mental Capacity Act 2005 and the associated deprivation of liberty safeguards
always respect the privacy and dignity of clients and support their independence
always respect the property and possessions of clients
comply fully at all times with organisational policies on human rights and safeguarding
attend appropriate training.

Training

In this organisation:

induction will include training and guidance on safeguarding, equality and diversity, on least restrictive practice, and on respect for privacy, dignity, property and human rights
all staff will be trained in the requirements of the Mental Capacity Act and with the associated deprivation of liberty safeguards.

Date: January 2024

Version: 8 (Review)

Source: Expert Care Manager