Knowing what you are entitled to and what your rights are can sometimes be a confusing and daunting experience. At beecareful.info we hope to provide you with bite size pieces of information to assist you in making an informed decision. Within this section we cover anything from making a will to finding financial advice.

Whats in this Section

• The Health Bill & NHS Constitution
• Your Rights
• Health
• Employment
• Benefits
• Education
• Housing Advice
• Disability Discrimination
• Age Discrimination
• Complaints

The patient's charter was introduced by the government in 1991. The NHS Constitution was developed through consultation with staff, patients and the general public. It outlines the standard of service that NHS staff should provide and that the public should expect to receive. It describes the purpose, values and expectations of the NHS so that all service providers, staff and NHS users are aware of their legal responsibilities and rights.

It was a document that set out the rights that patients have when accessing health care  both in hospitals and in the community. Although the patient's charter was actually abolished in 2000, a lot of the main principles and patient's rights are now represented through government targets. The main elements of the patient's charter were based on patient's access to healthcare and the patient's experience when they are accessing healthcare.

The Health Bill was introduced to Parliament on the 15th January 2009, and the first discussion over the content of this Bill took place in the House of Lords on the 4th February 2009.

The Health Bill proposes a series of measures which will help assess the quality of NHS care, assess the performance of NHS services, and improve public health in general. The Bill also places a legal duty on the NHS to have regard to the NHS Constitution, which will safeguard the principles and values of the NHS for the future, and sets out the rights and responsibilities of patients and staff.

'The Health Bill is heavily based upon a review that was published by Lord Darzi in June 2008, called the NHS Next Stage Review.' Lord Darzi's High Quality Care for All report set "a new foundation for a health service that empowers staff and gives patients choice. It ensures that healthcare will be personalised and fair, include the most effective treatments within a safe system, and help patients to stay healthy". Many of these themes are discussed in the Health Bill.

So what are the main issues raised by the Health Bill?

• The Health Bill will introduce a duty for all NHS organisations to have regard for the NHS Constitution. This Constitution will be made available to patients, staff and members of the public, and will be reviewed once every ten years.
• NHS bodies must report on the quality of NHS services that they provide or commission.
• The Secretary of State may make direct payments to a patient, or to a person nominated by a patient.
• There will be a general introduction of innovation prizes to encourage an enterprise and innovation culture within the NHS.
• There will be a reform of pharmacy services to ensure that pharmacies are providing high quality services based on local needs. 
• It will be an offence for a business to display tobacco products, and there may be future bans on advertising tobacco products on websites. Furthermore, there may be a ban or restrictions on selling tobacco from vending machines.

The main principles of patient's experience in healthcare are;

• Dignity and respect
• Equality
• Reduction in hospital acquired infection rates

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Your Rights

Living in Britain as a citizen we are all entitled to certain rights which we accept as a matter of fact, but where do these rights come from and what do they really mean? Do you know what your Rights are concerning important areas of everyday life?

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Health

As an individual needing to access Health Care in the UK, you have a number of rights that Health Care Providers should uphold.
 
The Human Rights Act of 1998 states that everybody has a right to life, to respectful consideration for their personal and family life, to equality, to the freedom of expression and to not receive degrading treatment. Even when you are in hospital or are receiving care, your Human Rights still remain the same.

Patients also have the right to promptly access good quality, free healthcare when they need it. As so many people in the UK access free NHS healthcare, this can sometimes be difficult for Health Care Providers to deliver. However, the government has stated that you -the patient- should be able to access emergency care, social care and other hospital treatment within a strict timeframe.

 You should expect to be offered a choice of four Health Care Providers to choose from. Information should be available for you to help you make your 'The government has also stated that patients should have the right to choose where their first hospital appointment takes place, each time they need to access hospital care'.choice. Sometimes you will be able to choose a private Health Care Provider instead of a pure-NHS Health Care Provider.

There may be times when hospitals feel that you would benefit from receiving care abroad. If this is the case, you will be invited to attend a local Overseas Assessment Clinic. If you are assessed as suitable, you will be asked if you would like to have treatment abroad. There is no obligation to say yes. If you do decide to travel abroad for your care, you will usually travel within 3-5 weeks of your Assessment taking place.

If you feel that your rights haven't always been upheld when you are receiving health care you can make a complaint. It is important to think about the issue you want to complain about before you make a formal complaint. Perhaps your concern could be resolved by talking to a member of staff?

If you do want to make a written complaint, you should contact the Complaints Department. You should make your complaint within 6 months of the event you wish to complain about taking place. The Health Care Provider should then aim to respond to your complaint within 20 working days.

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Employment

When the Disability Discrimination Act (DDA) came into effect in 1995, it gave disabled people many rights within the workplace.
This initial legislation has been developed and updated since that first act, to ensure that disabled people are treated fairly and equally when it comes to employment.

The Employment Law states that all employees can expect certain rights when it comes to employment, including receipt of a job description, detailed terms and conditions and a safe working environment. The implementation of the DDA has meant that the employer must ensure equality exists. This commences with the advertisement of a new job through to the completion of the entire recruitment process, i.e. accessing the building for an interview, ensuring the interview takes place in a fair way and if successful, the working environment.

The employer must not discriminate against anyone on the basis of their disability. Discrimination could involve direct discrimination or indirect discrimination, i.e. lack of consideration over access to the building, access to training or supporting development needs.

Because of the DDA, by law all companies should be prepared to make reasonable adjustments to enable you to carry out your duties. It is their responsibility to try and improve access to the building, move your workstation where necessary or take into consideration any assistive technology or adaptations which are available to assist you at work. They should also be prepared to consider flexible working hours so you can attend any medical appointments or treatments.

Some people find it uncomfortable discussing how their disabilities affect them, and when placed in an interview situation it can seem even more difficult to raise or discuss the issue. As an easier way of raising your disability needs, it may be worthwhile including on your CV or personal statement a list of any special requirements you may need to be put in place within the working environment to enable you to carry out the role successfully.

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Benefits

Please click here to view our Over 65's 'Benefit Advice' page

There are a variety of different benefits schemes that can be accessed by people under the age of 65.
Whilst most benefit schemes are subject to each individual's own circumstances, it is still important to be aware of the benefit schemes that exist, as you may be eligible to receive some money through these schemes. Some schemes are specifically set up to help people with health and social care needs, whilst others may be accessible to a wider cohort of individuals.

For individuals who can't be available for work and don't have enough money to live on. Income support is the main benefit for people aged 16-59 years who can't be available for work because they are either a single parent or they are sick or disabled or they are caring for someone who is sick or elderly. However like many other benefits, the amount of money you receive is based on any savings you might have and other personal circumstances.

Importantly, if you are able to claim Income Support then you automatically qualify for other benefits such as Housing Benefit, Council Tax Benefit, free prescriptions and dental care.
 
For individuals who are unable to work as they are currently ill, injured or disabled then you may be entitled to one of a number of benefits including, Incapacity Benefit, Industrial Injuries Disablement Benefit and War Disablement Allowance.

If you have children there is a range of benefits that may be available to you, these range from Child Benefit which is payable to all families to Tax Credits which support those on low earnings.

Other Benefits
As an individual under the age of 65 there are other benefit schemes available that you may be able to access. These include:

• Tax Credits
• Bereavement Benefits
• Legal Aid
• Housing Benefit
• Council tax benefit
• Job Seeker's Allowance
• Carers allowances
• Hospital travel costs
• Reduction in some educational course fees

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Education

Please click here to view our Over 65's 'Education' page

The Disability Discrimination Act 1995 was introduced to try eliminate discrimination against people that are disabled. Several amendments have been made since, and it now incorporates guidance for both higher and further education. This now means that education providers cannot discriminate against those with disabilities, starting with admissions through to the granting of qualifications.  

The Act ensures that education providers have a duty to make reasonable adjustments which ensures that disabled students will not be at a disadvantage when studying. There are several adjustments that can be made by an education provider to ensure that you will not be at a disadvantage when undertaking higher or further education:

• Changes can be made to the way you complete assignments or undertake exams
• Additional time can be provided
• Specialist equipment can be provided
• Exam papers can be delivered in a different format
• The use of a computer or scribe may be allowed

It is important that you inform your education provider about your disability prior to commencing your course. By informing the education provider prior to starting your course means that they have the time to arrange any additional requirements that you may need. Medical evidence of your disability may be required.  

If at any point whilst studying you feel that you have been discriminated against, you should discuss your concern with your tutor or a staff member to see if the problem can be resolved. Should this not be adequate you can make a written complaint to either an employment tribunal or a County Court.

What is Higher Education?
These are education courses that are meant for people over the age of 16, post GCSE level. Courses are normally in traditional academic subjects such as English and Maths.

What is Further Education?
These are educational courses for people over the age of 16. These courses are usually in vocational subjects such as engineering.

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Housing Advice

There are lots of different housing options available to people who have specific health or social care needs.
It may be that you need to adapt your own home to address these needs, that you would be suitable for sheltered housing where you can access a call alarm or a warden, that you meet the criteria for a property rented to you through the Housing Association or Council, or that you need to buy or privately rent a new property that better suits your needs. In all instances, you should speak to a housing officer at your Local Authority, as they should be able to help you make an informed decision about your housing needs.

If you choose to continue to own or rent your current home, or privately buy or rent a new property, you should be aware of the Disability Discrimination Act (1995). Part three of this Act is about housing rights, and it protects the rights of disabled people. The Disability Discrimination Act states that anyone who is involved in the selling, letting or managing of a property must make reasonable adjustments to the property to suit your needs. This might include adding in rails or ramps, changing the height of work surfaces or providing additional heating.

The Disability Discrimination Act (1995) also states that people with a disability must not be discriminated against. Therefore, the terms on which they can buy or rent a property must be the same as the terms that a person without a disability can buy or rent the property.

Property owners cannot refuse to sell or rent a property to someone just because they are disabled. Similarly, they are not allowed to refuse to inform a disabled person of any benefits or facilities that are part of the purchase or rent of a property. If you are planning on renting a property it is also worth remembering that a landlord is not allowed to ask you if you have a disability or illness, and they are not allowed to ask to see medical records. It is only if you require adjustments to be made to the property that they are allowed to ask to see proof of your adjustment needs.

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Disability Discrimination

The Disability Discrimination Act first came into effect in 1995. It aimed to give disabled people their own set of laws to make sure that access to certain things such as goods, services, employment and education would be provided equally.
The initial act saw ongoing development and in 2005 it was strengthen and extended to make organisations responsible for maximising the accessibility of everyday services for the disabled person and ensuring disabled individuals are not discriminated against.

In order to implement these changes within the workplace, organisations and providers of services need to make what's called a reasonable adjustment. This could involve ensuring that access to buildings is as user friendly as possible, moving office equipment, training staff and making information available in different formats. In some cases it is not always practical to make reasonable adjustments but companies must show that they have investigated the option thoroughly. It is unlawful for your employer to discriminate against you because you have a disability. You are entitled to ask your employer to consider any reasonable adjustments to enable you to carry out your duties. This can include flexi hours, training or assistive technology. Your employer may even be entitled to a grant to fund some of these changes.

(See Equality and Rights Commission)

As our transport system was not designed with the disabled traveller in mind when it first created, amendments and changes to this system to ensure that it is accessible to the disabled user are taking a little longer to implement. With the Disability Discrimination Act focusing on fair and equal access to public transport, regulations are now in place to ensure that manufacturers improve accessibility. Indeed, all new buses and coaches are designed to be more accessible to the disabled user.

The same reasonable adjustments regarding practices, policies and physical changes can also be made regarding education. This entitles disabled individuals to fair and equal access to higher or further education.

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Age Discrimination

In the workplace by law, all companies have strict policies and procedures to ensure that any discrimination based on Race, Gender and Disability does not take place. In 2006 a new law was passed so that people could not be discriminated against because of their age.

The law has come about as a result of the population living longer and healthier lives. Ageist discrimination within the workplace can range from being denied a position or training or suffering negative remarks or comments about your age. With the introduction of this new law the fact that you have reached a certain age should not matter in the workplace, and you can expect to be treated in exactly the same way as everyone else. This should result in your employment opportunities broadening. The skills and experiences you have gained throughout your working life to date will now be valued much more highly by any future employer, and it should be your abilities that are focused upon in an interview setting, not your date of birth.

What does it mean for you?
If you are below the retirement age your employer could be breaking the law if you are not offered the same opportunities relating to training, promotion and benefits as your younger counterparts. If you are approaching or have reached retirement age, it is your right to request to continue working and your employer has to consider your request. There will be exceptions to this rule such as if the position requires a lengthy period of training or if there are health and safety issues, however all this should be explained to you.

'Ageism can also be encountered in other aspects of your life and can even relate to the level of health or social service you may receive.' If you feel that you have been affected by someone or let down by a service and think it could be due to discrimination rather than a lack of knowledge, you have a right to complain about it.

Did you know?

• By 2020 the state pension age will be 65 for both Men and Women.
• By 2046 this will rise to 68 for both Men and Women.

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Complaints

If you buy a product and find it is faulty, or receive a service that you feel is unacceptable, other than feeling disappointed, frustrated or even angry you may want to bring it to someone's attention by making a complaint.

• Where would you start?
• How far can you take it?
• Will you need any specialist advice to assist you?

The most important thing you can do when making a complaint is to make sure you note important dates and the names of people you have had conversations with. This can be difficult, especially at a time where you may be upset, but it is vital that these facts are accurate. Your complaint should clearly state why you feel the service or product was unacceptable and if possible, how you think it could be resolved or rectified.

If your complaint concerns a product, it is always advisable to try and speak to someone first as most companies will try and come up with a speedy resolution.
However, if you can't reach a reasonable outcome then your complaint may need to be more formal, by letter. This is where your dates, times and names will be useful. All companies have their own procedures for making a complaint and you can request a copy of these procedures from them. You should be kept informed about how your complaint is being handled and what progression you can expect.

If your complaint is to do with a service you have received, for instance your doctor, dentist or hospital, try to speak to the person directly responsible for that service.
If the complaint can't be resolved to your satisfaction, your next step will be to put it in writing. Once again, there will be a complaints procedure available and this process should be explained fully to you. 

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