The UNCRC is the most complete version of a childs rights that has been created. It is also one of the most widely regarded international human rights legislation to be made. This legislation has 54 articles regarding the various aspects of the child’s life covering subjects like culture, ethnicity, gender, religion as well as language and disabilities
In terms of challenging behaviour the most important articles of this legislation are article 2, 19,33,36 and 37. article 2 covers the subject of discrimination statin that children are not to be discriminated against in any manner of speaking and measures must be taken to protect the child from being discriminated against in any way,.
This could be helpful In a multitude of ways as it not only aids in the prevention of challenging behaviour of those around the children but can also dissuade any future challenging behaviour that may have occurred as a result of anger or frustration that may have stemmed from being mistreated.
Article 19 states that measures should be taken in order to keep the child safe from abuse of any kind whether it be in the form of physical violence, mental abuse neglect, exploitation or sexual abuse.
As well as this it specifies that these measures should include support for both the child and the parent as well as providing ways to repot ?prompt the investigation regarding this behaviour. This can also prevent certain challenging behaviour in both the child and the care giver of the child as in the case of an abusive household the child will have support as well as a way to report the abuse which could help them both avoid learning by example from their care giver as well as giving them support in getting over any trauma that may cause them to act out. In the case of the parent it also gives them support and prevents any of these behaviours that while are in excusable may have been triggered by stress, mental health or another unavoidable factor.
Article 33 cover incidents that cover the use of illegal narcotics or elicit use of legal ones, it states that children must me protected both against the use of narcotics as well as the selling of them i.e. stopping children from being subjected to having to sell them whether it be through their own choice or the result of per pressure for example if the individual became close with the wrong kinds of people and was then peer pressured into helping them sell drugs or taking them themselves similarly article 36 protects the child from other types of exploitation that may be / is detrimental to their welfare. Measures taken to prevent this include not only legislative but administrative, social and educational in order to protect them in all aspects of their life
article 37 covers any treatment that is inhumane committed to anyone under the age of 18 including subjects such as torture or degrading treatment if it is found they are being treated inhumanely the article states that the child will be treated with respect with considerations made to accommodate their needs and age as well as this they will be given legal support as well as any other support that they may need i.e. if the child is traumatised they may be provided with a councillor. In the case where the perpetrator is the child’s care giver the child is removed from the care of the individual and taken to a safer place. This protects children from the challenging behaviour exhibited by others whether it be their care giver or by some other means i.e. if the child was abused while away from their care giver such as on a school trip or other activity as well as this it provides support children that have gone through traumatic experiences and as mentioned can help to prevent them from developing challenging behaviour as the result of anger or possible mental health issues caused by the trauma.
The children’s act was created originally in 1989 to provide n outline of the care and protection that children should receive focusing main on the welfare of the child up until they are 18 . The act provides a more defined version on the responsibility a parent holds . It also states the importance of continuing discussion over any concerns over the child with the parent unless this causes danger to either the child the parent or any professional that is involved . Any time concerns are not discussed with a parent has to be documented in some way including both what the concern is and the individuals reasoning of deciding against discussion. In 2004 the children’s act was strengthened in the sense that it was encouraged that outside organisations that work with children also hold a responsibility to the children to keep the child safe and promote their welfare and for many organisations this is considered a statutory duty. This legislation also outlines the actions that any local authorities should take to protect those under the age of 18 as well as providing information on what constitutes as abuse
This can relate to challenging behaviour in many ways one of the min being the ideal that no matter what challenging behaviour a child displays they should e treated the same a as any other. This is because it is thought that those that are displaying this challenging behaviour are at a higher risk of abuse, this idea is justified in to ways the higher risk can on one hand come from the idea that the child is displaying this behaviour because of their home life or the possibility that abuse may occur as a result of frustration on behalf of the parent which may escalate into them taking their anger out on the child.
The human rights act covers the notion that all people are authorised to have their human rights met for example the right to life, to marry or even the right of freedom of expression. This act is so important because it ensures that everyone receives these rights disregarding their background, race, ethnicity, gender etc.
This can relate to human rights in the sense that those displaying challenging behaviour may be at a higher risk of having some of their rights denied the most obvious being their right to freedom of expression this is because their manner of expressing themselves may be disruptive to others or unintentionally offensive. An example of this could be if a professional works with a service user they must be sure to familiarise themselves with what rights they are entitled to as otherwise, they may accidentally impede their rights and in extension could cause more trouble than created by the original challenging behaviour.
This act lays out the frame wok of how care should be set out such as how service users must be treated . It focuses on how to maintain the service users safety while using the services while also insuring that they are able to maintain their dignity . It also outlines that the service users well being must be held before almost all else and everything possible must be done to promote or better the service users quality of life
This can relate to challenging behaviour in many different ways the most notably the fact that on occasion challenging behaviour can be the result of a learning difficulty or perhaps frustration over some other disability that could require regular access to health and social care services, for example they may need an occupational therapist or mental health services or CAHMS etc this act ensures that those that display this behaviour are also treated with the utmost respect.
This act was written in an attempt to better certain services through a plan of action, it focused on things like civil rights along side independence, choice and inclusion for those that are struggling with learning disabilities . It was the acts aim to give those with these learning disabilities a higher quality of life by offering them more control and choice in their life through the use or carers that can support them as well as helping them to better their health. This act also states ways to help those with these disabilities with housing and employment as to allow them to experience life unhindered.
Once again this an apply to challenging behaviour as the challenging behaviour may be due to a learning disability or be a result of a large amount of problems or things to deal with that they may not b able to communicate properly causing frustration, this also helps to minimise any abuse as it tries to ensure that they are being treated equally and gives them the same rights and opportunities that someone that doesnt have a disability.
This legislation was created in an attempt to ensure that every child can live in an environment that is safe, loving and heathy. It also tries to ensure that any child with learning disabilities or any kind of disability is treated no different than those with out them ensuring the same opportunities and rights. The main aim of this act being to give children an enjoyable environment in which they can succeed / achieve a state of economic well being in the future so they are able to make a positive contribution whilst also being happy, heathy and safe.
This can link to challenging behaviour as it makes sure that all children are treated with fairness as well as keeping their rights protected. For example in the case that any challenging behaviour prevents them attending their education this act will find an alternative that can be provided to help them especially if they are in a vulnerable state
The mental health act is a legislation out lines when it is acceptable for someone to be detained or admitted to a hospital without their permission or against their will, this must be done with the individuals best interest in mind or is done to ensure either the safety of the individual or those around them. This is usually done in the face of mental health issues for example anorexia as it ensures that they will get the treatment that they need and can help lower any risk of the individual causing themselves harm.
This can lik to challenging behaviour as it often deals with those with sever mental health issues that are displaying behaviour that I dangerous to themselves or in some cases others as well, this often leaves them in a vulnerable state the detainment takes them out of the situation where they are able to exhibit the behaviour effectively keeping them safe from their own actions as well as stopping them from potentially causing harm to others
This is a governing body where any and all health care professionals involved must be registered and ensures that those that are employed work at a high standard and are safe enough to be in their specific line of work
This can apply directly to challenging behaviour in the sense that those involved are trained to deal with any challenging behaviour that they may come across and so in extension are able to provide help and support to both the individual and their families through the use of advice or recommendations that can help to improve their challenging behaviour
The NHS constitution is something that was written to explain what the staff and service users can expect from the NHS as well as how the public is able to contribute to helping any services provided by them. As well as this it outlines the lights of the service user and how they can report it if they arent adequately met by those caring for them for example if they have their confidentiality broken.
This can apply to challenging behaviour as it deals with almost all aspect of health care even if the service user isnt necessarily in their right mind i.e. if they are intoxicated or have others issues that may cause them to act out or be unaware of their rights ore the standard of care the are entitled to, the constitution there fore helps to ensure that they will receive care that is of a high quality or is at least adequate / meets all of the service users rights regardless of the behaviour that the exhibit as there will be records taken
Ofsted is a group that is run on government funds, they visit educational facilities such as schools and colleges to ensure that a proper standard is being held. Thy check all aspects of the facilities they attend for example how good the teachers are and the condition of the various facilities in the establishment i.e. the safety of the science rooms . They collect evidence of their observations in order to give it back to the establishment to show them what they need to do better and what is at a very good standard.
This can link to challenging behaviour as the observation can reveal whether or not the establishment is doing the right thing to deal with it for example they would be able to tell the school if theyre being to lenient or too strict with their students. An example of this could be if they saw a child exhibiting this kind of behaviour being discriminated against or bullied because of t and then take action by giving the teachers ways to improve their system that could properly support the individual
Organisational policies and procedures are things written to ensure that work is done at an acceptable standard they also cover how to deal with difficult situations such as harassment whether it be from or to the service user . These policies and procedures can be different depending on the establishment but all hold the aim of making it run as smoothly as possible whilst keeping both the service user and the service giver safe and happy.
This can link to challenging behaviours in the way it makes sure that staff follows all the correct ways of doing certain things . For example there are complaint procedures for when someone feels that the care isnt up to standard or something has offended them , this can help in challenging behaviour because if somebody is offended by another service user exhibiting this behaviour for example if they were loud and disruptive on a ward due to anger or some kind of substance abuse there will be a procedure in place that can aid and be fair to both individuals involved.
This also covers staff development and training which is their to help them to develop their skills so they are equipped to deal with any situation including those where their service user may be exhibiting challenging behaviour this is to ensure that they know how to proceed with things such as how to restrain someone safely which is important in the case of where the challenging behaviour that is occurring is in a violent nature for example if someone is attempting to assault another service user or a member of staff.
Human rights are also often included in these policies and procedures as to ensure that they are always met these procedure are often made through the use of a whistle blowing policy this can help to protect those that exhibit challenging behaviour as it allows them to have the ability to point out when they are being treated unfairly this is particularly helpful when the behaviour is something that isnt their fault for example if the are on the autism spectrum or are struggling with Tourette’s syndrome as they are un able to control it something that is thought to be purposeful bad behaviour may be the result of a tic or them getting overwhelmed.