Law, Policy, and Ethical Practice in Health and Social Care

This report explores the relationship between law, policy, and ethics in the context of health and social care, with a focus on Winterbourne View Hospital. It discusses the key legislation and principles that govern the hospital's operations and highlights the impact of these laws on patient care. The report also examines the importance of ethical practice and provides examples of ethical dilemmas that can arise in healthcare settings. Additionally, it explores the role of national policies in ensuring safe and effective care. Overall, the report emphasizes the interconnectedness of law, policy, and ethics in the healthcare sector.

LAW, POLICY AND ETHICAL
PRACTICE IN HEALTH AND SOCIAL
CARE

Table of Contents
EXECUTIVE SUMMARY ............................................................................................................3
INTRODUCTION...........................................................................................................................4
PART A Case study of Winterbourne View ...................................................................................4
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
PART B..........................................................................................................................................11
INTRODUCTION.........................................................................................................................11
.............................................................................................................................................11
Describe how the legislature, the executive and the judiciary set the legal and policy.......11
D1 Evaluate own national system of government in relation to its effect on Health..........12
What ethical practice is and give detailed examples of how ethical dilemmas can arise....12
D2 impact of the equality legislation, policy and the notion of equity ..............................13
.............................................................................................................................................13
Specific tasks that are carried out and how you would carry them......................................13
Evaluate our own national system of government what is its importance...........................14
Different relevant legislation and policy..............................................................................14
How do the Humans Rights Laws for England bring equality.............................................15
D3 Health, Care and Support Service practitioners can ensure currency and compliance with
..............................................................................................................................................16
Relevant legislation and national policies and what their importance.................................16
CONCLUSION..............................................................................................................................17
REFERENCES..............................................................................................................................18

EXECUTIVE SUMMARY
In this report it has been highlighted the different legislation and various other principles such as
Health and Safety at Work Act 1974, Health and Social Care Act 2008, Human Rights Act
(1998), Data Protection Act (1998), Management of Health and Safety at Work Regulations
1999 and Workplace (Health, Safety and Welfare) Regulations 1992. After that the has
highlighted parietal care, critical review and impact of the different principles. After that the
report has highlighted the relationship between law, ethics and regulation in context of
WintERBOURNE hospital.

INTRODUCTION
Health and social care reflect the proper treatment for the people who are physically or
mentally challenged and thus proper care is needed to provide them better treatment. Social care
reflect the care and support which is given by society in respect of providing effective and
authentic care. As the needs of every person is different and also different techniques are used to
provide them better treatment. In such manner law are to be maintained to protect the interest of
the patients in respect of protecting their rights and liabilities and also get authentic treatment.
Present report is based upon the case study of the Winterbourne View in which the issue is raised
regarding abusing or misbehaviours with the Patients and also discriminating them on the bases
of their caste, culture, sex etc. This report will includes the summary of the key legislation and
various polices which is determined under the Winterbourne. It also includes the law, ethics and
policy which is used in respect of protecting the right of the patients and also the staff workers
had to execute their planning accordingly.
PART A Case study of Winterbourne View
1) Key legislation and various other principles
This case study is relevant to the Winterbourne view Hospital which is private hospital
providing facilities relating to care and satisfy the patients regarding effective services. The
hospital is operated by the CQC registration of Castlebeck care limited. According to the view
point of the CQC, they describes the overview of the Winterbourne hospital as the the most
caring hospital which provides the wider support to their patients in form of adult with learning
disabilities and complex needs and behaviour which is challenged by the staff and they fulfilled
in better way Allen and (Blackham, 2018). The issue in Winterbourne hospital raises that the
workers are treating the patients in illiterate way as they are not providing right services which is
the basic needs of the patients. Thus, the key legislation reflect in respect of imposing to the
Winterbourne hospital is that in respect of Health and Safety at work place, 1974, health and
Social care act 2008, Human right act 1998, Disability discrimination act, 1995 and also various
other laws are designed to protect the right of the patients and also the working of the
management.
At the workplace of the Winterbourne, all such polices and guidances are to be stipulated
so that workers work under the set norms and also not discriminate any patients as per any of
their disability which they are facing. In such manner, it is examined that it is the duty of the

CQC that they investigated the working of the Winterbourne timely so that as per the news
circulated by BBC can be undertaken timely. BBC circulated the news in respect of abusing or
misbehaving with patients or also not treating well. This results in identifying the working
criteria of the staff workers and the services which they are providing to patients (Baillie, 2019).
The aspects which are relating to the laws and polices which are not adhered to is
undertaken by the Winterbourne is resulting to Health and Safety at work place which the staff
workers are not undertake in right way. As the staff member failed to provide the services which
resulting to providing the centred care to people having complex needs and demand regarding
attaining the particular things. In such manner the outcome which arises in respect of 4 which is
related to person centred care as staff uses the equivalent needs and demands for taking care of
the patients in respect of fulfilling their health and social care needs (Beatty, Samuelson and
Abril, 2018). Thus, they mainly focus on individual care needs and wants which became the
central care for the staff of the Winterbourne. For example, in respect of matter related to
Winterbourne, they are privately owned hospital thus it is the responsibility of the CQC to
operate each and every activity in better way. As the treatment of the patients are individual
according to their health issue. In such manner they are to be treated individually but the
treatment is to be done in context of centred care.
The another policy which is examined under the Winterbourne is relating to not fulfilling
the outcome 12 which resulting to appointing the qualified and experienced staff to handle the
patients. As the recruitment is done by the Winterbourne HR polices and thus as per the report of
the CQC they claimed that organisation not adapted the appropriate recruitment procedure. As
the activity which is committed by the Winterbourne staff is not appreciable. For example in
case of Winterbourne is issue is raised regarding misbehaving with the patient, pulling their hair
and also keeping them outside the hospital when there is zero temperature. In such matters the
unskilled quality reflect among the staff members who committed such activity.
Shortfalls in patients care:
In respect of the matter related to shortfalls in patients safety and care, the laws and
polices which is examined is relating to safe and appropriate care and treatment which is
reflected under the outcome 7. As in this policy, the results are determined in respect of failed in
protecting the right of the patients in context of abusing or failing to respond to problems which
is made by the senior staff nurse. The issue of not protecting the right of the individual is so big

that it is telecast on the television and also various negative judgment are made which reflect the
reputation and also working criteria of the CQC (Button, 2018).
Critically review:
There are many ways in which the workers can comply with the requirement which is
promoted under the National policy. Government usually initiated many polices in respect of
Department of health (2000) as there is no secrecy in any of the condition which is adapted by
organisation. In respect of matter related to building social structure or any economic matters or
facing any political interferences which restricts in providing the authentic heath care services. In
such manner national policy is undertaken in respect of promoting the effective communication
skills through which they can resolve the issue in better way. Various provision are to be
determined in respect of accomplishing their roles and responsibility in better way. As the issue
which is faced by Winterbourne in respect of not communicating personally with every staff
member and also not reached to patients regarding discussing with their health issue. In such
manner the results of abusing or misbehaviour with the patients arises and also at the time of
inspection, the actual crises arises in respect of examining the actual condition of the hospital
(Coulter and Hancké, 2016).
In respective of this matters, the workers duty is to work under the certain polices which
is regulated in respect of health and safety as in context of cleanness, safety, providing accurate
information to superiors and also using accurate equipment to treat the patients well. Thus,
workers are under obligation to perform their duty and also follow their rights which they are
obliged to perform under the Winterbourne hospital.
Analysing the impact of different legislation:
By analysing the legislation in respect of equality and equity the major aspects are
relating to providing the services which is fair and also not discriminating any individual in
respect of any of its diseases. In context of Winterbourne hospital, the view point is arises in
relation to treating every individual as human being and thus their priority and needs are
different. Thus, special care and protection is needed which results in reflecting their needs and
demands in better way. Legislation are imposed in respect of guiding the worker and patients to
behave ethically at workplace. In such aspects, training pay the vital role as due to the effective
guidances and motivation, they provide the accurate way to trained the staff in right direction.
Outcome:

The outcome which arises in respect of not following the laws and polices which is
imposed by government in respect of health and social care is that services users continuing
abusing the patients and not treating well. The management also not imposing control over the
activities which is carried by the workers in respect of providing the accurate services. The
results of not following the terms and condition which is imposed by the CQC is that their is
lack of honesty and trust at work place (Lee, 2017). As the main reason of using the services of
hospital is that they are taking care of patients needs but due to lack of laws or polices, it results
in not practising the statutory governance in right way.
Recommendation:
To improve the working condition of the Winterbourne hospitals, recommendation is to
be done in respective of providing training to the staff members in respect of the services which
is to be provided to the patients. Effective communication is to be done with the staff members
and other executive members regarding managing their day to day working.
In context of the staff, they must be supporting and also resolve the issue which is raised
by the patients. By this procedure they can monitor the quality of the services which is provided
for better improvement.
Relationship between Law, policy and ethics
Law is the way the government of the UK used to regulated the people of the nation in such a
way that it ensures that the live of everybody is improve in the nation. In simple word it can be
said that the Law is the outcome of the government legislation so that on the basis of the same
different rules and regulation can be developed in the organization. Their are many government
authority or can be said that statutory bodies in the UK who used to enjoy the responsibility of
developing different rules and regulation for the different sector social and health care is one of
such sector. CQC is the biggest example of the same as they are having the authority to develop
the regulation for the health and social sector for all the organization in the UK (McCormack and
Anderson 2017). Other such authority is the Nursing and Midwifery Council 2008 which
generally looks at more ethical side as this statutory body is concentrated toward developing
ethical standard toward the Nursing sector and skill for care also used to provide very crucial
hand in developing the ethical practice toward the health and social care sector.
The government of the UK has also given the responsibility to the different government body in
the UK to direct regulation related to the health and the safety law in the United Kingdom.

Regulation can served as a different way through which group, Individual and the organization
can have the good understanding of the law in order to comply and implement it effectively.
Winterbourne Hospital has to make sure that they have to compile with the variety of the Laws,
national policy and statutory guidance in their sector so that they get the best way of ensuring
that all the employee which are employed in the organization are employed used to compile with
all the legislation of the government. As the biggest issue which was telecast in the BBC was that
the employee of the organization was not following the proper law and regulation related to the
Medical law this has resulted in hospital fall down after CQC breakdown.
National policy and the organization policy used to share good amount of the relationship in
between them. National policy is the policy which is made to hinder the issue at the national
level and also used to change due to the social structure, economic condition and political
interfering to the healthcare sector. At the same time the organizational policy are the policy
which are made by the organization on the basis of the national policy. Organization always
make sure that the policy which has been made will help the organization in defending the laws
and legislation of the national policy related to the social and health care.
National policy on the health care used to help the government of the UK in communicating the
different approaches related to the social and health care and also help the government in
bringing all the organization involved in the provision of healthcare services to understand their
roles and desired outcomes within the Legal system. At the same time the organizational policy
focused to make aware all the employee of the organization about the different rules and
regulation which need to be followed by them at the time of treating the patient in the Hospital.
Therefore, It was the fault of Winterbourne that they have not make the different policy in the
organization compiling with the national policy of the nation as they were already aware of the
CQC quality level and also they were having the knowledge of different expectation from the
government side and the treatment of the patient which should had done by Winterbourne
Hospital to avoid the risks of abuse that was discovered by CQC inspection.
Not following the National policy used to affect the organization in many ways such as it
hampers the working environment in the organization that the big issue which was faced by
Winterbourne hospital as well. Organization also may get suspended by the CQC for not
maintaining the level of the the quality which has been desired in the organization. It may also

affect the privacy of the organization as not able to maintain the Data protection act will
eventually may result in imporresemnt for several of year (Miller, 2016).
CONCLUSION
After going through the report it has been summarized that there are many Key legislation and
various other principles which used to support and try to improve the quality of the health and
social care in the UK. All the organization has to make sure that they compile with the same to
have a better result in the long run of the business. The report also summarized that the practices
which was performed by the Winterhouse was against the law of the nation has in the inspection
nit was found that the organization has abuse the patient which was against the human right act
and also shown the careless attitude toward the workplace which was against the health and
safety Act.

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Miller, R.L., 2016. Business Law Today, Comprehensive. Cengage learning.
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business law clinic in the UK.

PART B
INTRODUCTION
This report highlights the 3 branch government process of making different medical policy. After
that the report highlights the relationship between key legislation and national policy. After that
the report goes on to explain ethical practice need to perform in the care home and three specific
task and how they will be carried out. After that the report highlights the importance of national
system of the government and why it is important now. After that the report goes on to explain
the relevancy of legislation and policy. In the end the report highlights impact of Human right in
treating individual in fair way and also relevant legislation and policies and their importance in
informing right and responsibility.
Describe how the legislature, the executive and the judiciary set the legal and policy
Formulation of the different health and medical
policy in the UK used to be done by the Three
Branches of the Government i.e. Legislature,
Executive and Judiciary. As Modern Health
policy of the UK used to possess the variety of
the Question related to the ethical, legal and
social issue. Legislation has to make sure that
health policy used to answer each of the
question.
Judiciary branch of the government used to
provide the least amount of the forum in the
UK to forum the Healthcare policy in the UK.
This branch of the government generally
includes the good amount of the Judge who
used to gather the information from the
different sources on the basis of that try to
make out the health policy in the UK. This
branch of the Government generally used to
Legislature branch of the Government is one
of the key branch in developing different
medical and health care policy in the UK as
Legislature branch of the government used to
collect the good amount of the information
from the different sources which are available
for them as this all are the part of its mandate is
to protect and promote the health of the public;
and it has the power to engage in a lengthy and
deliberative process in enacting legislation.
Legislature of the UK also possess a good
amount of the Power to make the different policy
in the UK. This Power is not possess by the
Executive or Judiciary branch of the Government
to develop different Health policy in the UK.
Executive branch of the Government used to
bring many benefit toward the formulation of the
medical and health care policy in the UK.

bring the legal aspect of all the policy to the
bench on the basis of Which Legislature and
Executive used to develop the different policy
to improve the level of the healthcare in the
UK.
Generally this branch used to bring the variety of
the benefit to the Legislature branch of the
Government. As this branch used to bring the
wide area of the knowledge about the health and
medical issue as executive has many agencies to
concerned with health and social policy which
are not connected with any political parties and
bring variety of the knowledge and expertise in
the health and social field.
D1 Evaluate own national system of government in relation to its effect on Health
The biggest benefit which is brought by the National system of the government used to provide
the different check and balance facility for monitoring the activity of health care activity in such
a way that it help in promoting quality of care and treatment. NSG also make sure that all the
social worker are registered and used to have a continues processional development for them to
update their skill knowledge in the sector.
What ethical practice is and give detailed examples of how ethical dilemmas can arise
Ethical practice is one of the important
fundamental value in health and social care
industry. Ethical practice generally means
doing right or wrong through the care
organisation judgement on directing the staff
behaviour at work in the best interest of the
service user.
General Social Care Council: As per GSCC
(2010) the behaviour acceptable of health and
social care setting in the different health and
For Example:Mr. A who used to consume
more than 15 cigarettes in the day was called
as a unhealthy by the doctor and resulted in
heavy cough and also their was a chance that
he might develop the cancer. In that case it was
the duty of the care home to reduce the amount
of the cigarettes which was consumed by MR.
A but at the same time care taker was having
the right to consume the cigarettes. So for
finding out the solution of the same Care home
taker has politely explained the negative effect
of the cigarettes and the concern of the doctor
toward him. Taker has to make sure that more

social care is to guide the staff in such a way
that they do not abuse any one in the care
home irrespective of their health condition, it
will help the care home in compiling with the
legislation of CQC regulation.
As per NMC (2018) All the worker has to
make sure that all the employee has to make
sure that all the employee are honest and
trustworthy toward their work commitment as
NMC think that honest, compassionate,
trustworthy, and honour are the best way
through which employee performance can be
improve,
information is provided to the Mr. A. to make
informed decision and choice which will
prevent him from unhealthy condition.
D2 impact of the equality legislation, policy and the notion of equity
Equality legislation promote that all the employee should be treated equally irrespective of caste,
income and religion. Notions of Equity. Horizontal equity states that people with a similar ability
to pay bill of treatment should pay the same or similar amounts. This two policy has impacted
the health care very adversely as all the patient is getting good treatment in the hospital. Hospital
are also able to earn a good amount of the income from the market.
Specific tasks that are carried out and how you would carry them
As per the national professional standard any
sort of the Discrimination in the restaurant will
not be accepted at the time of carrying out
different service user.
Regional Value: Their are many patient who
loves to maintain a separate space to maintain
their religious activity without any interference
of any one at the care home. So the Care home
has to make sure that right person used to take
them to the work place. There fore all the care

Eating: At time of eating whether it is
breakfast, lunch or dinner, management of the
Care home will desire that ll the care taker of
the care home is on the duty which will help
the organization in promoting anti
discrimination practice. All the care taker has
to make sure that they are having all the idea
about the patient preference in the food and
also all the care taker has to make sure that
they do not make wrong assumption about the
diet of the patient. This practice will ensure
that organization is promoting independence of
the individual and equal opportunity which
will help in respecting the individual right for
the care home.
taker has to make sure that individual
preference and support needed to be exercised
in their human right.
Dressing: All the patient used to have the
different choice about the type of the clothing
they love to wear as it is the duty of the
caretaker to ready up the patient in the Care
home. At this time care taker has to make sure
that they do not make assumption but seek
consent and respect the patient in the care
home.
Evaluate our own national system of government what is its importance
As NSG used to govern the Care Quality
Commission (CQC, 2010) to manage the
quality of the care to monitor the quality of the
care in the United Kingdom, NSG used to give
the assurance to the public about the place
where they can complaint and what to expect
to from the Care Quality Commission.
Care Quality commission now used to inspect
the different care home in the period of the
three year unless there is any big blow which is
faced by the Care home this sometime increase
the chance of the Vulnerable people in the
Care home used to get suffered unnecessarily.
Winterbourne is one of the such example as
in that care home the patient of the care home
was not treated that well by the care taker in
the care home as many patient was put outside
the care home where their was zero
temperature.
For improving the quality of the health and the
social in the UK Care Quality Commission
has to make sure that they used to inspect the
different CQC on more frequent basis. One in
the 12 month will be more good option as
compare to once in the 36 month.

Different relevant legislation and policy
Equality Act (2010): The
Equality Act 2010 is an Act of
Parliament of the United
Kingdom with the primary
purpose of consolidating,
updating and supplementing
the numerous prior Acts and
Regulations, that formed the
basis of anti-discrimination
law in Great Britain. This act
can be applied in the Care
home by the way of promoting
individual diversity, culture
and organizing different
celebration of the different
religious festival in the care
home.
Health and Safety at Work
place Act 1974: Health and
safety act explain all the
worker and the employee in
the organization are having the
right to be saved from the
different harmful activity at
the workplace. This act will be
applied in the care home by
the way of provide adequate
training to all the employee
and teaching all the employee
the best way through which the
concern of the Health and
safety can be removed from
the Care home operation.
Data Protection Act 1998 and
GDPR 2018: These two act
can be summarized together as
both of them educate that the
data related to the customer
and care home need to keep
secure that any external party
is not able to misuse the same.
Care home has to make sure
that they uses the high definite
technique and software to keep
all the data safe in the
organization. Also has to make
sure that very less party are
allowed to inspect the same to
improve the level of the Data
protection in the organization.
How do the Humans Rights Laws for England bring equality
Human Right Act 1998 is an act of the UK
Parliament which received Royal Assent on 9
November 1998, and came into force on 2
October 2000. Human right has brought the
variety of the right protected under this Act,
this act has also provided some sort of the
guideline or rule to the health and care
Article 8: right to respect for your private and
family life. This give right to all the patient that
they can raise voice against any activity which
is affecting the private life of the patient as no
one other than the patient is a liable party to
interference in the patient private life. It
provide a guidelines to all the health and

workers to treat the individual in fair and equal
ways. The first right was the Article 3: right to
be freedom from the Degrading treatment in
the Hospital. This right gives a voice to all the
patient to have a stand against the any activity
which is operated in on them regarding the
degrading treatment. This has eventually force
all the social and healthcare worker to treat all
the patient in the equal ways and do not apply
the degrading treatment. One of the most
common degrading treatment case study is of
Winter BOURNE in which patient was treated
well in the hospital which is against the Human
right Act.
medical care worker that they do not inter fear
in the private life of the patient and treat them
equally as this is against the Law of the Human
right.
D3 Health, Care and Support Service practitioners can ensure currency and compliance with
All the hospital has to make sure that they are regularly evaluating the different norms which are
made by the government regarding the fees of the treatment and medical and on the basis of that
they have to make sure that they used to change the fees of the treatment to be compile with the
relevant legislation and national policy through ethical practice.
Relevant legislation and national policies and what their importance
Employment legislation is the legislation
which used to promote the roles and
responsibility which need to be perform by the
different employee in the care home. All the
All the employee in the care home must be
given the required safety equipment so that
they are able to avoid the spread of the
infection as well as availability of the

healthcare professional has the right to work in
the environment which is healthy and safe win
and outside of the premises for the purpose of
the same the employment law provides that
substance which is hazardous to the health
must be stored in the care home to overcome
the different issue which is faced by
organization due to the risk of harm to
healthcare worker.
cleanliness.
Also all the organization are having the right to
have a have training so that they develop the
skill which can help them in getting better
result in the industry.
CONCLUSION
After going through the report it has been summarized that legislation is the main branch who
develop the rules and regulation other two used to play a supporting role in it. After that the
report summarized that key legislation and national policy are interlinked with each other. After
that the report highlights importance of national system of government. In the end the report
highlights importance of Human right and Employer right for the care home.

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