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Difference between revisions of "The Basic Recourse Process under CCALA"

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The CCALA, for example, offers residents specific protection against retaliation and adverse consequences. The Operator must not alter, interrupt or discontinue, or threaten to alter, interrupt or discontinue, service to a resident, where a person has made a report or has expressed an intention to do so. ([[Chapter Five Legal Issues in Residential Care References|17]])The Operator or any other person cannot act in a way that negatively affects service to resident as a result of an abuse report or intention to make the report. ([[Chapter Five Legal Issues in Residential Care References|18]])Staff and other people also have certain protections if “abuse” reports are made in good faith.  
The CCALA, for example, offers residents specific protection against retaliation and adverse consequences. The Operator must not alter, interrupt or discontinue, or threaten to alter, interrupt or discontinue, service to a resident, where a person has made a report or has expressed an intention to do so. ([[Chapter Five Legal Issues in Residential Care References|17]])The Operator or any other person cannot act in a way that negatively affects service to resident as a result of an abuse report or intention to make the report. ([[Chapter Five Legal Issues in Residential Care References|18]])Staff and other people also have certain protections if “abuse” reports are made in good faith.  


====Special Note: Who’s protected and when?====
{| class="wikitable"
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| width="100%" |'''Special Note: Who’s protected and when?'''


It can be challenging at times to understand the scope of existing reporting protections, leading to the question, “So who is protected and when?” The Residential Care Regulations definitions are specifically framed in the context of “reportable incidents”.  This leaves the possibility that residents, families and staff may not be protected from adverse consequences when raising concerns that do not fall in this narrow framework.
|- valign=top
| width="100%" | It can be challenging at times to understand the scope of existing reporting protections, leading to the question, “So who is protected and when?” The Residential Care Regulations definitions are specifically framed in the context of “reportable incidents”.  This leaves the possibility that residents, families and staff may not be protected from adverse consequences when raising concerns that do not fall in this narrow framework.
 
|}


The abuse reporting protections of the Adult Guardianship Act(AGA) apply to all settings including residential care, although the AGA has not traditionally been used in this setting. ([[Chapter Five Legal Issues in Residential Care References|19]])The AGA safeguards protect the identity of all good faith reporters. Section 46 (4) of the  AGA  offers certain employment and professional protections for people who report in suspected abuse or neglect of  vulnerable adults  made in good faith to a “designated agency” (generally health units  in the community).([[Chapter Five Legal Issues in Residential Care References|20]]) Residents and other people are protected against intimidation and coercion when an abuse report has been made in these circumstances. See Figure 1.
The abuse reporting protections of the Adult Guardianship Act(AGA) apply to all settings including residential care, although the AGA has not traditionally been used in this setting. ([[Chapter Five Legal Issues in Residential Care References|19]])The AGA safeguards protect the identity of all good faith reporters. Section 46 (4) of the  AGA  offers certain employment and professional protections for people who report in suspected abuse or neglect of  vulnerable adults  made in good faith to a “designated agency” (generally health units  in the community).([[Chapter Five Legal Issues in Residential Care References|20]]) Residents and other people are protected against intimidation and coercion when an abuse report has been made in these circumstances. See Figure 1.
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