1.1 Describe current legislation relevant to risk assessment and risk management
Wiltshire Council has in place a Countywide Positive Risk Assessment Policy for working with customers. This policy was created to ensure that the key values and principles set out by the Department of Health under Valuing People and Putting People First.
This policy which has been written by Wiltshire Council advises that the following acts and legislation must be followed when making a decision around Risk Assessment and Risk Management.
1) The Mental Capacity Act 2005
2) The Data Protection Act 1998
3) Disability Discrimination Acts 1995 & 2005
4) Human Rights Act 1998
5) Safeguarding Vulnerable Groups Act 1977
6) Duty of Care
The Policy that Wiltshire Council has adopted is that all employees of Wiltshire Council who work within the Department of Community Services must move from a risk adverse culture and towards a cute which promotes positive risk taking.
Wiltshire Council has created a frame work for decision making when it comes to risk assessment and risk management and this framework shows how an employee will make a decision in relation to assessing and monitoring positive risk taking which also supports and enables people to lead full lives within their own home and community.
This policy sets out when a risk assessment should be undertaken and who should be involved in the risk assessment. It also sets out what should be done on completion of the risk assessment. The policy then describes how a review of incidents under the risk assessment should be completed and where this should be recorded.
Wiltshire Council’s policy ensures that all employees are assessing and managing risk in the same way and using the same paperwork for this. Previously different employees were assessing risk in different ways and using different paperwork to record this assessment on.