Human Rights in Health and Social Care
Human rights are fundamental to ensuring people receive dignified, respectful, and equitable care in health and social care settings. In the UK, various laws, frameworks, and initiatives guide health and social care providers to uphold these rights.
Health and social care providers must prioritise human rights in discharge planning by adhering to legal frameworks, involving people and their support networks, addressing complex care provision and ensuring safe and coordinated care transitions. In doing so, they can fully respect and treat people appropriately and promote their dignity, autonomy and well-being.
⇒ Learn more about building healthier communities by embracing a place-based approach.
Human Rights Act 1998
The Human Rights Act requires all public authorities, including health and social care providers, to treat people with respect, dignity, and fairness. This obligation extends to protecting people’s rights to life, security, liberty, and private and family life throughout the discharge planning.
Mental Capacity Act (MCA) 2005
The MCA offers a framework that encourages people to make their own decisions while ensuring that decisions made for people lacking capacity are made in their best interests. It stresses the need to presume capacity only if proven otherwise and to take all practical measures to assist people in decision-making about the health and care services they receive.
Care Act 2014
The Care Act mandates that social care providers have a legal duty to prioritise individual well-being and ensure that care planning is centred around the person. This involves acknowledging each person’s unique lifestyle and aspirations while striving to find the least restrictive options that still meet their needs.
Each health and social care professional should create a better today and tomorrow for the people they serve. To help foster change, we’ve created short guides on The Human Rights Act 1988, The Care Act 2014, The Health and Social Care Act 2012, The Autism Act 2009, and The Mental Health Act 1983.
These handy overviews are intended to help case commissioners and social workers navigate their responsibilities under the Acts more effectively, helping them focus on safeguarding human rights and promoting equality in the health and social sector.
Key Human Rights to Consider During Discharge Planning
What critical human rights must health and social care professionals consider during discharge planning? How can NHS bodies and local authorities exercising health and adult social care functions ensure these rights are respected and upheld? Discharge planning is a critical juncture in care, where the transition from hospital to home or another care setting must be managed with utmost attention to the person’s rights and well-being.
Right to Informed Consent
What does it mean for a person to give informed consent, and why is it crucial during discharge planning? Informed consent is the process through which a person freely agrees to proceed with a specific treatment, having been fully briefed on the potential risks, benefits, and alternatives. This process is essential for protecting them from being coerced into decisions that may not align with their best interests, preferences, or beliefs.
Health and social care providers must be well-versed in their jurisdictions’ legal obligations surrounding informed consent. Obtaining informed consent helps protect providers from liability for known complications that arise without negligence and goes beyond merely securing a signature. It involves a comprehensive discussion and a shared understanding between the provider and the person they serve.
⇒ Read more about Care After Hospital Discharge.
Right to Participate in Decision-Making
Involving people in healthcare decision-making is fundamentally linked to ethical principles that respect the autonomy and the person’s right to make their own choices. Empirical evidence supports the idea that increased involvement in healthcare decision-making care enhances satisfaction with care, irrespective of the choices made or well-being outcomes. Shared decision-making using decision aids has consistently received the highest satisfaction ratings, demonstrating that people greatly appreciate being actively involved in their decisions and ongoing support.
Right to Dignity and Respect
Upholding the right to dignity and respect during discharge planning creates positive health outcomes and satisfaction. Health and social care workers listen to and honour the person and family perspectives and choices, incorporating their knowledge, values, beliefs, and cultural backgrounds into care planning and delivery. This approach ensures people and their families are actively involved in discharge planning and care at home. For instance, NHS bodies and local authorities ensure that carers and family members are involved in discharge decisions, supporting people to make fully informed decisions where appropriate.
Planning financial support for discharge starts on admission or before elective procedures, ensuring that people and their families are well-prepared for the transition. Personalised care and support plans are used or updated as part of early discharge planning, involving the person receiving care and relevant parties to ensure any change in their needs can be met.
Multidisciplinary discharge teams and care transfer hubs, comprising professionals from various sectors, work alongside the discharged person and their carer or family to plan the discharge. This collaborative approach ensures that all aspects of the person’s needs are addressed, promoting a smooth transition from hospital to home.
⇒ Read more about the expertise of our in-house multidisciplinary therapy team and our specialist services. Learn how they support people’s ongoing health needs and aspirations to live life on their own terms.
Right to Accessible and Appropriate Care
The right to dignity and respect naturally gravitates toward the right to receive accessible and appropriate care. Discharge planning involves a comprehensive approach that includes discharge coordination, discharge teaching, and preadmission education. This ensures that care recipients and their families access the right care for their needs and feel supported throughout the discharge process.
Tailoring hospital discharge information to the person’s learning style, social determinants, and health literacy needs is essential for accessible care. Flexibility in the discharge process allows for adjustments to discharge services to meet personal needs, ensuring people feel safe and ready to go home.
Roles and Responsibilities of Healthcare Providers
In health and social care, the roles and responsibilities of healthcare providers extend far beyond the confines of clinical care. An important aspect of their duties involves developing comprehensive discharge plans, collaborating with social workers and local services, and upholding key human rights. These elements ensure people transition smoothly from hospital to home or another care setting, promoting their overall well-being and satisfaction.
Developing Comprehensive Discharge Plans
The Health and Care Act 2022 changed the hospital discharge process, providing more flexibility for local authorities and the NHS to implement different discharge plans. The ‘Discharge to Assess, Home First’ model is one such example. The model suggests the best place for people to recieve care is at home. It brings together different types of support and helps foster people’s independence. From April 2022, NHS bodies and local authorities are recommended to adopt discharge processes that best meet the needs of the local population.
Discharge planning should begin during the person’s hospital stay as early as possible. This proactive approach allows for thorough preparation and reduces the need to rush the finalisation of aftercare processes. Discharge plans are tailored to the person’s needs, considering their well-being, social determinants, and personal preferences. This personalised approach helps ensure people can successfully incorporate the aftercare plan into their daily lives.
Collaborating with Social Workers
Discharge planning must follow a holistic approach where social workers ensure inclusiveness, addressing the emotional, psychological, and practical needs of people and their families. Social workers collaborate with the local authority, resources, care providers, and community sector organisations to provide emotional support to create a safe network for people post-discharge. They help locate necessary resources such as home care, medical equipment and community support, ensuring people have everything they need to continue their recovery.
Effective discharge planning led by social workers has been linked to lower readmission rates. By ensuring that people have the right support and resources, social workers help prevent complications that could lead to readmission, improving overall healthcare outcomes.
⇒ Read more about Integrated Care and Support.
Leaf Complex Care is an Advocate for Human Rights
Leaf Complex Care is a dedicated advocate for human rights, emphasising equality, diversity, and personalised care within community health services. The organisation provides tailored support services primarily for autistic people, people with a learning disability, and people who require complex care. Their commitment to destigmatising mental health challenges fosters social inclusion and empowers people to make informed decisions about their care. By prioritising human rights in local service planning, our humanised approaches ensure that people are treated with dignity and respect, enabling them to lead fulfilling and meaningful lives.
We also address the critical aspect of community mental health by offering crisis support services that facilitate smooth transitions for people returning home after unnecessary hospitalisation admissions. By equipping our support teams with regular training in best practices and safeguarding, they enhance the quality of our support services and promote continuous improvement.
Through their proactive advocacy and commitment to community health services, Leaf Complex Care effectively supports people and their families, ensuring their needs are carefully prioritised and met.
Learn how Ashanti leads a joyful life where her needs and preferences are met and witness the impact of respecting people’s fundamental rights.
Offices: Bristol, South East, Birmingham and Somerset.
