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

This document explores the relationship between key legislation, national policy, and ethical requirements in health and social care. It covers topics such as the impact of equality legislation on safeguarding individuals, comparing national and organizational policies against professional standards, the influence of human rights laws on health and care services, implementing relevant legislation for healthy and safe conduct, analyzing recent legislation in relation to rights and responsibilities, describing the relationship between law, policy, and ethics in real case scenarios, and explaining the impact of relevant laws and policies on outcomes. It also discusses ways in which health, care, and support service practitioners can ensure currency and compliance with legislation and national policy through ethical practice.

LAW, POLICY AND
ETHICAL PRACTICE IN
HEALTH AND SOCIAL
CARE

INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
LO 1.................................................................................................................................................3
TASK 2............................................................................................................................................3
LO 2.................................................................................................................................................3
P3 Describe about relation between key legislation and national policy with relevance to
health, social care.........................................................................................................................3
M2 Reflect ways in which specific task in health, care or support service practice meet
national professional standards....................................................................................................4
D2 Analyze the impact of equality legislation, policy and the notion of equity on the practice
of safeguarding individuals in health, care or support services...................................................4
P4 Compare national and organizational policy against national professional standards and its
impact on social care practice......................................................................................................4
TASK 3............................................................................................................................................5
LO 3.................................................................................................................................................5
P5 Explain how specific national and international human rights law influence health, care and
support services...........................................................................................................................5
P6 Implement different and relevant legislation in regard to healthy and safe conduct in own
practices.......................................................................................................................................5
M3 Analyze of recent health and social care legislation or national policy in relation to rights
and responsibility of health care or support services...................................................................6
TASK 4............................................................................................................................................6
LO 4.................................................................................................................................................6
P7 Describe the relationship between law, policy and ethical requirement in relation to real
case scenario in health care setting..............................................................................................6
P8 Explain impact of relevant law and policy on outcome of real case scenario........................6
M4 Explain in detail how chosen law, policy and ethical considerations might result in
difference outcomes.....................................................................................................................7
CONCLUSION................................................................................................................................8

INTRODUCTION
Law is a very important part of health care legislation that has help to give a solid structure to all
kind of health care services and has provided them with a legal stability. Various policies have
been formed by the government to improve health care sector. These policies have also helped
the sector to grow and for certain kind of ethical code. Such code has helped sector of health care
to form discipline and order within the workplace regarding healthcare. Scope of health care
sector is wide as they cover aspect of human life. Nature is also very dynamic as it has tendency
to have direct impact over an individual or society at large. In this file things that is going to
cover is based on health and social care. In this role of judiciary, executive and legislature is to
be explained, legislation has to be explained and in the end relationship between policy and
health has to be explained.
TASK 1
LO 1
Covered in broacher
TASK 2
LO 2
P3 Describe about relation between key legislation and national policy with relevance to
health, social care
The Health and Social Care Act 2012 is that kind of act that has been enacted by parliament of
United Kingdom. Under this act it has been provided as an most extensive feature over structure
of National Health Services in England. This has removed responsibility of health care from
Secretary of State for Health. Also removed primary care trust and strategic health authorities.
Under this a new agency of Department of Health, Public health England has been established
under it. Main purpose of bill was to create an independent NHS board in order to promote
patient choice and to reduce NHS administration cost. Key features of this act are (Spolander.,
Engelbrecht and Pullen Sansfaçon, 2016)
 Establishment of independent board for NHS to allocate resources and provide guidance.
 Increase of GPs fro powering of commission services on behalf of patients.
 Strength the role of Care Quality Commission.
 Also develop an body that is going to regulate NHS foundation trust.

Number of health bodies are cut to meet government’s commitment for cutting cost of
administration.
M2 Reflect ways in which specific task in health, care or support service practice meet
national professional standards
These are important standards that has played import ant role in developing of health care in UK
and they are understand your role, personal development, duty of care, equality and diversity,
communication, privacy and dignity, fluids and nutrition, awareness of mental health, dementia
and learning disability, safeguarding adults, safeguarding children, basic life support, health and
safety, handling information, infection prevention and control. These standards have been
maintained by the NHS that has helped it in delivering of services in better and effective manner.
D2 Analyze the impact of equality legislation, policy and the notion of equity on the
practice of safeguarding individuals in health, care or support services
The purpose of healthcare policy and procedure has been to provide standardization in
daily operational activities. Though many years working with policies and procedure have
become clear that they have played an essential role in giving clarity over dealing with the issues
that is accruing within health and safety care. Most important of health care policy and
procedures cannot be disputed by the way they are managed. Support services have also played
an important role in boosting of health care facilities within a country like UK. Also they have
helped in gaining knowledge over vulnerable resources useful to health care and safety. Still
improvement is required as there is sustainability within health care due to loopholes in major
amendments it lacks modernity within it.
P4 Compare national and organizational policy against national professional standards
and its impact on social care practice
Quality protect Act was introduce in the year 1988 as government’s main initiative to
improve children’s social service. This act was introduced for improving of service attention to
be drawn over four areas upon which progress is dependent on better performance indicators.
Also extend in the quality of research based evidence. Then expansion of professional social
work training through feedback system and involvement. First of the quality protects objectives
on promoting secure attachment that has been highlighted and the evidence of current emphasis
is based on adoption which is considered. This acts concludes that extent of progress has being
made to help children and families in difficulty that is needed to be assessed by systematic

research. Next provision is Protection of Vulnerable Adults scheme that has been formed under
care standard Act 2000. People with dementia should except support from workers that can
confidently provide care that is related to needs and interest that is going to minimize stress and
encourage independence and choice. This is required for a higher level of understanding and of
needs and interest that is going to minimize stress and encourage independence and choice. Also
required to higher level of understanding of knowledge and skill. Not only in social care workers
but also for the provided practice supervision and management. This has to build social care
workforce and provide practice supervision and support is required to increase number of older
people with dementia that is going to enhance securing of resources in effective manner to
workforce development. Such code of conduct has provided a clear set of standards. That is
essential to protect people who use health and care services. (Delden and van der Graaf, 2017).
TASK 3
LO 3
P5 Explain how specific national and international human rights law influence health,
care and support services
The Human Rights Act 1998 is the Labour party incorporation of the European Convention on
Human Rights into United Kingdom law. The principle aim of the 1998 Act was to directly
enforce the substantive rights in the conventions rights in all the domestic Courts. Meaning, a
British citizen is entitled to argue breaches of his/her rights under the Convention in any Courts
in the UK, instead of having to go to the European Court of Human Rights in Strasbourg. It is
argued that the Human Rights Act 1998 was one of the most illustrious statues the Parliament
has passed in many years, it is important therefore, to assess the impact of the Act on the
protection of individual rights in the UK . Certain important articles of human right act which
has helped in health and safety maintenance is as follows:
 article 8 - the right to respect for private and family life
 article 3 - the right not to be tortured or treated in an inhuman or degrading way
 article 5 - the right to liberty
 article 2 - the right to life
 article 14 - the right not to be discriminated against

P6 Implement different and relevant legislation in regard to healthy and safe conduct in
own practices
Health and Safety at Work Act 1974
This act places a legal duty on employer in order to ensure a reasonably practicable, the
health, safety and welfare of employees working within an organization. Under this act rules and
regulations are being given to keep employees safe. Aim of this act is to protect people from the
risk of injury and ill health and protecting non-employees against the health and safety risks
arising from work activities. Controlling use of explosive or dangerous substances.
M3 Analyze of recent health and social care legislation or national policy in relation to
rights and responsibility of health care or support services
National policies had drastic impact upon health care sector and over the services. Also
performance indicator and evaluating of critic has lead to development of various specific
legislation those are related to health and safety of people living in society. This has made
development of this which has lead to development of health and safety of people living in
society. This can be understood through example that is if one criterion for evaluation is that
every patient should have a ‘named nurse’, then this will affect organize work and the way of
welcoming a patient into unit.
TASK 4
LO 4
P7 Describe the relationship between law, policy and ethical requirement in relation to
real case scenario in health care setting
Law, policy and ethics are very important part of health sector and are also inter related to each
other in a way that all kind of policies that have been formed by the government has to be
applicable to all the kinds of hospital and health care facilities. All these have an very strong
impact upon formation of policies. These are to be understood through this case R v Donald in
this case an 12 year old boy met with and accident and got sever injuries upon his head. He was
required to be admitted to hospital. Operation was to be done but due to implementation of old
laws all formalities are to be filled first and then only he can be operated. In this case they role
authorities could play is that they could have admitted him first and then formalities would have
been filled easily.

P8 Explain impact of relevant law and policy on outcome of real case scenario
The NHS in England and Wales came into existence on the 5th July 1948. It provided coverage
for a range of approved medical and pharmaceutical interventions. This resulted in rapid growth
in the use of medicines and improved public health with its associated improvements in
economic growth and development. Case studies have become arguably the predominant method
by which much of social science is conducted. With its own long pedigree, health policy (allied
to public and social policy) has not been immune to this trend. Yet, case-study methods comprise
inherent problems for designing and conducting research. They suffer from abuse and misuse,
both in theory and practice, in analysis and in application. This book thus seeks to recover and
invigorate the case study as a valuable technique for researchers and practitioners. It does so in
the context of health policy, a field which, sitting astride most social science disciplines, offers
insights into the workings of the NHS and opportunities for the testing of theories and concepts.
The book explores the conceptualization, design, practice and impact of case studies in health
policy in the UK. Its aims are five-fold: to raise awareness of the case study as a technique for
scholarly inquiry among researchers and students; to provide an accessible resource for use in the
education and training of students, academics and practitioners; to identify the value of exploring
health policy in the UK using empirical case study methods; to reflect upon the value of case
studies for contemporary health policy; and to assess the ways in which case studies have
enabled health policy learning. (Weimer and Vining, 2017).
D3&M4 Critically review ways in which health, care and support service practitioners
can ensure currency and compliance with relevant legislation and national policy through
ethical practice
As per the questions that have been covered above it can be observed that healthcare has
improved because of the reforms that have been made in them during the course of time. Also it
can be observed that code of ethical conduct has also been followed within it. All this has helped
in making it a concrete form of law. There are certain ethical issues that have to be taken into
consideration within health care and they are technical issues, discrimination, health and safety
related issues. They are required to be solved as they can have adverse impact over health care
department also.

CONCLUSION
From the above file it can be concluded that an policy, law policy and ethics are very important
part of health care practices. This file explain about how legislation, judiciary and executive has
played an important part in making health care facilities more efficient. Then an summary over
the act related to health care in UK has been explained. Further key features and ethical code of
conduct has been explained. Then national policy has been explained and also human right has
been explained provisions has been told related to health care. Then case scenario has been
explained in regarding to law, policy and its outcome. This file has also helped in covering of
various factors that has helped in enhancing of various policies that is related to health care. Also
case scenario has been explained that tells impact of laws over a particular health condition relate
to social health care.

REFRENCES
Books and journals
Alder, J. and Wilkinson, D., 2016. Environmental law and ethics. Macmillan International
Higher Education.
Ammenwerth, E. and Rigby, M. eds., 2016. Evidence-based health informatics: Promoting
safety and efficiency through scientific methods and ethical policy (Vol. 222). Ios Press.
Colby, I. and Dziegielewski, S.F., 2016. Introduction to social work: The people’s profession.
Lyceum Books.
Demuijnck, G. and Fasterling, B., 2016. The social license to operate. Journal of Business
Ethics, 136(4), pp.675-685.
Dominelli, L., 2017. Anti-racist social work. Macmillan International Higher Education.
Franklin, M.A., 2019. WIDENING THE LENS OF ETHICAL PRACTICE IN ART
THERAPY. Exploring Ethical Dilemmas in Art Therapy: 50 Clinicians From 20 Countries
Share Their Stories.
Mackelprang, R.W. and Salsgiver, R.O., 2016. Disability: A diversity model approach in human
service practice. Oxford University Press.
Newman Knake, R. and Mantel, J., 2018. Legal and Ethical Impediments to Data Sharing and
Integration Among Medical Legal Partnership Participants.
Norvoll, R. and Pedersen, R., 2016. Exploring the views of people with mental health problems'
on the concept of coercion: towards a broader socio-ethical perspective. Social Science &
Medicine. 156. pp.204-211.
Pecora, P. J. and et. al., 2018. The child welfare challenge: Policy, practice, and research.
Routledge.
Ponterotto, J. G., 2017. Ethical and legal considerations in psychobiography. American
Psychologist. 72(5). p.446.

Rothman, D.J., 2017. Strangers at the bedside: A history of how law and bioethics transformed
medical decision making. Routledge.
Rubenstein, L.S. and et. al,, 2016. HIV, prisoners, and human rights. The Lancet. 388(10050).
pp.1202-1214.
Sorokin, P., 2017. Social and cultural dynamics: A study of change in major systems of art, truth,
ethics, law and social relationships. Routledge.