Legislative Practice in Health and Social Care: A Comprehensive Report

This report provides a comprehensive overview of legislative practices within the health and social care sector, with a specific focus on the Care UK group. It begins by outlining the core legislative framework, including the Health and Social Care Act 2012 and 2008, and how these regulations influence the policies and procedures of healthcare providers. The report analyzes key aspects such as safety protocols, confidentiality policies, and respect for autonomy. Furthermore, it delves into the application of human rights principles, addressing issues related to patient rights, including privacy, access to information, and freedom from torture, as well as the duty of care. The report explores ethical dilemmas that arise in client care planning and offers insights into how these challenges are managed within the Care UK context. The report concludes by highlighting the significance of legislation in safeguarding the interests of both patients and service providers, ensuring a secure and regulated healthcare environment.

LEGISLATIVE
PRACTICE IN HEALTH
AND SOCIAL CARE

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Implementation of policies and procedures in current setting................................................3
Application of issues and dilemmas in different context.......................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Legislative practice in health and social care is the framework of rules and regulations that
every service provider of health and care needs to follow in UK to conduct these practices. These
rules are important to follow and implement as they protect interests of patients as well as
increase confidence of patients and public that they are being provided with services which are
regulated and are looked upon by the government agencies. To understand it in better context the
report has taken Care UK group which is dedicated to give services to its customers that are of
high quality and provides customers with GP services, urgent care etc. and also provides
diagnostic services and hospital services as well. The organisation meets need of local patients
and get positive feedbacks that help it to grow. This report helps us to understand the policies it
follows and how some policies can be changed and other procedures can be implemented and
their impact on the patients, situations and individuals etc. this report includes the rights that
individual patient and service provider has in context to deal with the inequality, working
conditions, remedy etc.
TASK 1
System policies and procedures of Care UK
Care UK is an independent provider of health and care in UK which provides services like
diagnostic services, out of hours services, hospitality services, etc. The patients are treated based
on the legislation provided by UK government and health and care agencies. The quality
provided by care UK are of high standards and that is the reason it is the leading health and
social care provider of UK.
Policies of Care UK
The policy framework of health care setting gives a guideline to these service providers
that how the patient needs to be treated by keeping in mind the following rules which are -
 Safety – This principle deals with safety of an individual over anything. To make this
rule really prevail in the organisation the official authorities must conduct interviews
of the patients on timely basis to see that if the organisation is really following this
principle. The Care UK gets examined by Care Quality Commission in three years
based on its services provided to the customers.
 Confidentiality policy – The employees and patients data need to be managed
privately and should not be disclosed by any means to any third party else it can

create breach of the privacy policy. To implement this rule carefully in the
organisation, it must maintain the data of employees and patients individually through
some efficient software that can protect the right of patients. Care UK implies to wide
range of polices to manage safety and quality health care services like
Confidentiality policy in which users and professional at units cannot share patient
information to any person without consent of patient or family. It is the most
vulnerable condition at health care setting which is controlling in Care UK which is
controlled by principles and procedures like, disclosure of persons’ information is
limited to purpose which is managed by Corporate Information Governance Team.
 Respect for autonomy: In accordance with this it is important for the care providers
to share every basic detail of medication with patient in order to seek individual
approval over medical or clinical practice. It is important for the nurses to give patient
power to make decision over own treatment.
Apart from this, policy implementation done by care UK is that it provides service of
NHS 111. In this patient can call anytime to the staff which includes team of trained advisors to
assist the patients. It allows them to book the appointment and directed them to specialist to
which they want to talk to (Care quality commission 2019). The NHS 111 ask them symptoms
and provide them with proper health care service when possible. This service can be more
efficient if the service provider asks for name and details of the patient and also old reports of the
patient so that diseases can be understood by the service provider and better assistance can be
provided.
Regulation followed by Care UK
Health and Social Care Act 2012
The regulations that are need to be followed by this health and care providers are based
on Health and Social Care Act 2012 which specify certain regulations that are need to be
followed by the service providers. The act is implied in Care UK to improves quality of services
provided to the patients. It is monitored by NHS so that can these organisations can work
smoothly and efficiently. This act also set standards to create database of people's care
assessments and their treatment needs. This act has increased power of GP to enjoy commission-
based services on their customer's behalf. It has increased the power of Care Quality

Commission. It has implemented an individual NHS board that allocate the resources of
organisation and provide guidance.
This rule has governed the organisation and after this act was launched , the care UK
implemented changes in its working by providing GP services which refer to providing full
services that a local GP would provide from diseases like diabetes, vaccinations, advices on
smoking and drinking etc. it offers 12 hours services to its customers which can be changed to
more hours to give more satisfying services to the customers. Care UK provides services diverse
group of people in context to their culture, background etc. and handles their heath related issues
and even when patients are not from local area they can be registered with the organisation via
online means. It also provides services to patient in prison. It collaborated with commissioning
bodies to work efficiently with staff of prisons and deliver best services to them. It is great
initiative by care UK full of innovation which reduce the inequality that occurs in treating prison
patients as they work closely and efficiently with the partners to treat the patients right.
Health and Social Care Act 2008
The other act that has increased work efficiency and rule implementation is health and
social care act 2008 which has Care Quality Commission as its regulator that regulates culture of
organisation in providing services, to enable the organisation to take care of safety needs. In case
of any mistake the organisation needs to write an apology to CQC (Human rights framework
2103). The inspection of organisation is conducted in two types -
Comprehensive - To review the service provider based on five key questions to rate them
in order to their services then assess the group of population and CQC announces the results on
their official site (Goddard, 2016).
Focused - It is a follow up to respond particular issue and it may not focus on 5 key
questions and it is based on size of team and inspection may or may not be announced (Gibson
and et.al, 2015).
TASK 2
Application of issues and dilemmas in different context
Human rights mean application of principles in context to care of patients and their issue
related to difficult situations as well as their individual rights. These policies recognise the right
of patients as well as service provider. This provide attention on the rights of excluded groups
from the society as well (Mendes, 2016). The right to health and care in context to patients,

individuals regarding their complaints and remedies includes dignity of human, remedies against
torture, and access to inside components of information that is necessary to the patient to know.
It contains right to be free from torture, pressure, and non-consent matter. Human rights are way
to address the problems of the patients which they face during the treatment. Moreover, health
care service providers have some rights as well.
The right of individual includes freedom to work and to have enjoyment of working
conditions with decent work conditions. Client care plan is the most important aspect of right to
health and care which also deals with human rights issue. The relationship between patient and
provider of services is critical as there are many cases in which service providers abused clients
in order to provide them services which treated as crime against humanity. In some cases, health
violations not just offend dignity of human but also disrespect the culture of the person which he
belongs to and violates ethical principles.
There are certain rights of individuals which needs to be fulfilled - Right to privacy and confidentiality – The medical information of patient must be private
and they need not be forced to disclose their medical diagnosis. Also, in case when
patient's medical examination occurs in public them it leads to violation of privacy and
individual can excess the right and take action against it. Right to information – The service provider must give information to the individual about
health and care services and also, they must know the information about different options
of treatment and risk and benefits of each process (Hale and et.al, 2015). Care UK has
vast number of clients from different culture which makes it important to assist the client
in h language which they understand. In case any of these rules breaks, patient can file a
complaint against the service provider. Right to life – The patient has right to life in case when ambulance failed to arrive at time
and which lead to death of patient, or when pregnant women are not assisted with proper
services and complication arises then too individual can file a case against the service
provider. Right to freedom from torture and degrading treatment – When prisoner denies medical
treatment or women get sterilised without their consent and also when AIDS patients

suffer unnecessary pain are violations of freedom from torture and cruelty (Xue and et.al
2016).
 Right to attain highest standard of health – According to laws when maternal health
services are not up to the mark and doctor services are not present near the locality of
certain communities and patients are not provided with full care then the patient can avail
this right.
Duty of care
It is based on 5 right on delegation of nursing where it is important for the nurses to focus on
right task, right circumstance, right patient, right direction, and right supervision. These are some
rights which needs to be implied among staff of Care UK tot to reduce the risk of dilemma and
managing situation like, complaints, incidents, difficult situation when managing client care
plan.
Ethical dilemma is common problems faced by service provider when managing client car
plan in health and social care setting. For example, duty of care where it is necessary for nurses
to follow 5 rights of medication by patient is not willing to take medicine. In this situation it is
important for the care providers to trick patient for taking medication. In such scenario duty of
care is primary regardless of safety polices and respect of autoinomy principles. Apart from this
dilemma of rights and duty of care arise where it is important for the nurse to keep patient
information confidential but the provider is bound to share with immediate guardian or family
without consent.
It is necessary for the Care providers in Care UK to make quick decision in emergency
situation like patient being vulnerable or aggressive to surroundings which can harm other
patients. In such situation nurses in setting own right to practice medicine to calm patient down
which will not be against legislative framework or breach of ethical principle. In Care UK all
these rights are taken in the consideration by staff when managing client care plan.
CONCLUSION
The report concludes the importance of legislation in health and social care from both the
perspective, individual as well as service provider. For efficient working of any sector the
legislation plays an important role as it provides safety and security to both the parties indulged
in the work. The report concluded the rules and regulations and laws that govern heath and care

in UK and how the rules need to be implemented. It showed the rights that patients have in order
to have rights against service providers like right to equality, right to remedy, right to life etc.
which they can use in case of any violation of rules and policies. It also included rights of health
and service care providers against government authorities and also violent patients and can
safeguard themselves by exercising the rights. It also included the rights of nurses which they
can avail in context to various exposures they face in the working environment of the company.

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Online
Care quality commission. 2019. [Online]. Available through: <https://www.cqc.org.uk/>
Human rights framework 2103 [Online]. Available through :
<https://www.hhrjournal.org/2013/12/human-rights-in-patient-care-a-theoretical-and-
practical-framework/>