Law, Policy And Ethical Practice in Health And Social Care

This report discusses the importance of law, policy, and ethical practice in the field of Health and Social Care. It explores the legal and policy landscape set by the legislature, executive, and judiciary for practitioners. The report also covers key legislations, national policies, and codes of practice relevant to health care. It further examines the relationship between key legislation and national policy, and the comparison between national and organizational policies against national professional standards. Additionally, the report discusses ethical practices and provides examples of ethical dilemmas faced by practitioners. Finally, it highlights the impact of laws, policies, and ethics on patient safety and care.

Law, Policy And Ethical Practice
In Health And Social Care

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Overview of case study..........................................................................................................3
P1: Describe how the legislature, the executive and the judiciary set out the legal and policy
landscape for Health and Social Care practitioners................................................................3
P2 : Key legislations & national policies, statutory guidance and codes of practice.............4
TASK 2............................................................................................................................................5
P3: Relationship between key legislation and national policy relevance to health & social care
practice...................................................................................................................................5
P4 : Comparison between national & organisational policies against national professional
standards.................................................................................................................................7
TASK 3............................................................................................................................................7
P5 : Ethical practices including examples of ethical dilemmas to deal with by ensuring
consideration of ethical codes of practice..............................................................................7
P6 : Different legislation and policy in regard to being able to work safely and healthily in
health & care settings...........................................................................................................10
TASK 4..........................................................................................................................................12
P7 Ways of workers to ensure compliance with relevant legislation and national policies
through ethical practice........................................................................................................12
P8 : Impact of laws, policies and ethics in context of patient's safety & care......................13
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
Law, Policy and Ethical Practise is defined as the set of regulation which is required to be
followed by any of the individual. This rules and regulation are commenced by the authorised
department of a ruling government. The most important things is that it is necessary to be
followed. Law, Policy and Ethical practise is important because it gives the guidelines through
which working condition becomes easy and suitable (Gagnon and Sabus, 2015). This report will
be based on Winterbourne case study of institutional abuse. It is one of the small village located
in England, UK. The population of Winterbourne is below 20,000 and there are various problem
which is going on at the moment. The topics that will be covered in this respective file will be
related to legislature, executive and the judiciary and there plans and policies for the betterment
of health and social care practitioner. Explanation will also relate to key legislation and national
policy of direct relevance to health care. Also, there will be the interpretation to the law and key
ethical and professional practice themes in health and social care. At the end, law and policies
will be applied as per the relevant practice setting.
TASK 1
Overview of case study
In context of Winterbourne case study, it has been analysed that patients having autism or
learning disability were abused by care providers which is not appropriate. It is observed that
desired legislations and ethical principles are followed by staff as there is lack of training &
development in care home. However, people get physically ad psychologically abused in this
hospital who were suffered by learning disability and challenging behaviour. Employee gave one
patient cold shower as a punishment and left out her outside in near zero temperatures and later
poured mouth wash in her eyes. Such terrible attempts are conducted by staff including poked
into their eyes repeatedly due to which a patient tries to jump out of the window because of
continuous torture.
P1: Describe how the legislature, the executive and the judiciary set out the legal and policy
landscape for Health and Social Care practitioners
The legislation is the major body in UK that form laws and regulations. The main work
of this organisational body is to commence the law as per the demand of situation. The laws
which is commenced by legislature body is legal binding in nature and no one is allowed to

breach its terms and condition. For health and social care practitioner, legislature, executive and
judiciary body plays the crucial role because they tells that how any of the practitioner need to
work and what are there boundaries which they are not allowed to break (Hall and et. al., 2018).
It is helpful for any of the practitioner because they gets the idea that how they need to deal with
any of patient. The judiciary body commences any of the law as per the demand of situation
where any of the new situation arises and legislation has not explained about that particular topic.
The laws and policies which are being commenced by them are crucial because while
commencing any of the law they have huge responsibilities which they need to fulfil. All of the
authorised department need to know that it is not easy in each and every situation that law can be
followed so legislature, executive and judiciary need to consider this things too. Although,
legislature commences the law but the responsibility to check each and every terms are being
followed or not is to be checked by the executives and the judiciary (Mackelprang, Salsgiver and
Salsgiver, 2016). They try to set out the legal polices as per the requirement of patient and
healthcare practitioner and that has been very beneficial too.
P2 : Key legislations & national policies, statutory guidance and codes of practice
The legislation, statutory guidance and codes of practices are very helpful to to conduct
various clinical practices in appropriate manner. These are supportive to make accurate decision
making about care facilities and facilitate to gain better outcomes for patients. In context of
selected case study based on Winterbourne, it has been analysed that patients suffering from
autism or learning disability get abused by practitioners which is an extreme level of torture for
them and it impacts negatively on condition of people. However, it is necessary for care
professionals to follow desired legislations, statutory guidance and codes of practices in which
some of them are given below.
Legislations & national policies
Care Act 2014 – This can be described as an appropriate legal framework for care
professionals and local health care authorities to protect people from risk of any kind of abuse
and neglect (McLean and et. al., 2015). They should put efforts to evaluate the abusing incidents
of individuals and take effective actions to save them. In case of Winterbourne, the care
professionals should follow guidance provided by framework of Care Act 2014 for reducing
problem of abuse of disable people at healthcare institution. They can report to legal authorities
about those practitioners who abuse and harm patients in any manner.

Health & Social Act 2012 – This is known as a legal set of principle which provide
instructions to care practitioners in terms of providing secure healthcare services and treatment to
needy people. It consist the criterion of putting efforts to improve effectiveness and safety of
patients while providing medical facilities for their well being (Martinez and et. al., 2015). The
care professionals working in Winterbourne should focus oh this legislation and follow it to give
safe and appropriate care services to make them healthy.
Codes of practice
The codes of practices consist number of factors which are required to be focussed by
medial professionals at the time of providing treatment to patients for their well being. It consist
different types of people having mental or physical disorders and they must gain proper facilities
by appropriate efforts of care practitioners in healthcare institutions. In context of Winterbourne
scandal, employees were not well trained and attempt abusive activities with individuals having
problem of autism or learning disability. They should follow code of practices while providing
care services to people which are described here.
 It is necessary for care professionals to maintain respect and dignity of patients while
dealing with them.
 It is essential to follow equal and fair treatment principle and remain always non-
discriminatory to provide desired medical facilities to every individual.
 It consist the criterion to remain honest & reliable and put needs service user first to
make accurate decision making to given correct medications.
 It is necessary to respect rights of individuals and put efforts or protecting them from any
kind of abuse at healthcare institution (Banks, 2016).
TASK 2
P3: Relationship between key legislation and national policy relevance to health & social care
practice
There is a strong relationship between key legislation and national policy related to health
and social care practices. It has been seen that the main aim of national health policy is to clearly
specify that government will ensure that health systems will work in effective manner so that
patients can get better treatment. According to the policy, government provides required
investment to healthcare sector, promotes good health practices, prevention of diseases etc. It has

also been seen that Key legislation of healthcare sector such as Health and safety laws, The Care
Act etc. are interrelated with national policy of healthcare sector as these government uses both
the concepts together in order to maximise their performance in healthcare sector in effective
manner (Botkin and et. al., 2015). Furthermore, it has also been seen that national policies of
healthcare sector is required to cover the parameters of all of the key legislation of healthcare
sectors as the main aim of both the legal framework is to provide high quality treatment to the
patients so that they can feel secure. In addition to this, national health policy also includes
development of human resources in healthcare sector, encouraging medical pluralism, health
assurance, financial protection strategies, enhancement of medical practitioners knowledge,
strictness in rules and regulations. On the basis of this, it can be said that National policy
supports healthcare sector in developing practices effectively so that people belonging o this
stream can sustain longer within the industry and provide better services to the patients that helps
them in recovering in lesser period of time. As a result, this shows the positive relationship
between key legislation and national policies of healthcare sector.
Ethics are defined as moral philosophies or principles which is highly concerned for what
is good of bad for individuals, society and organisations. In this regard, to force people to follow
certain rules and regulations as well as develop ethical behaviour in them, laws are made.
Therefore, the terms ethics, laws and policies are all interrelated with each other, whereby to
form laws in order to assist communities to live systematically, ethical policies are made first. In
general terms, laws are made on the basis of moral principles of a particular society to sustain
ethical behaviour among local communities. In context with present case study which is based on
care home of Winterbourne, it is essential for society developers to create codes of conduct and
ethical principles. This would help in facilitating the policies which will direction overall efforts
to provide proper and discriminate free care to patient for their well beings. The code of conduct
describes the basic behaviour of care service provides how to behave ethically in organisation,
especially when it is about patient-care. Therefore, laws will represent the minimum standards of
behaviours of them to sustain ethics while dealing with patients. Along with this, laws and
ethical principles also help in make policies to maintain a set of moral values as well as prevent
people from kind of violating and discrimination kind of activities. This will provide guidelines
to social care for Winterbourne care home members, of what they have to do or how to deal with
certain situations ethically.

P4 : Comparison between national & organisational policies against national professional
standards
Policies are generally described as formal statements which are produced to run a business,
maintain social behaviour and more systematically. It can be made on the basis of wider-context
of organization, resolving specific issues at a particular society or organisation and more. The
organizational policies of a company reflect the objectives about information security program
and way of operating different functions. For this purpose, companies’ policies concern on
building foundation and set guidelines for associated people in manner they have to work. While,
national policies concern on benefits of each society, members and organisations by setting a
proper rules for incorporating positive behaviour of people. National policies also focuses on
society or community development where it set standards for organisation that they have to
follow to run business legally.
TASK 3
P5 : Ethical practices including examples of ethical dilemmas to deal with by ensuring
consideration of ethical codes of practice
Ethics refers to code of conduct which depicts behaviour of individual or group. It has
been seen that every business organisation follows certain kind of ethical practices in order to
keep themselves away from the failure (Harris and White, 2018). With reference to healthcare
sector, it has been analysed that medical practitioners are required to follow certain specific
medical ethics which are defined as below:
 Principle of justice
 Principle of non maleficence
 Principle of beneficence, and
 Principle of respect for autonomy
In addition to this, it has been further analysed there are number of ethical dilemmas
which are seen in healthcare sector. Ethical dilemmas refers to the situation under which various
choices are required to be taken according to the personal morale. This can be well understood
with the help of an example. For instance: Medical practitioners and nurses of Winterbourne
hospital are not aware about ethical medical practices, this is why they do not know in which
manner they should give treatment to patients. Unawareness about ethical practices makes them

follow wrong activities which are not only harmful for patients but they also affects brand name
of hospital (Pols, 2015). This mistreatment directly affects recovery level of patients as they are
not able to get better treatment from medical practitioners. In order to overcome this ethical
dilemma, it is essential for medical practitioner or nursing head to provide effective training and
developing sessions to all medical in order to aware them about norms as well as ethics of
medical practices. Furthermore, it can be said that with the help of this training medical of this
hospital will be able to judge or decide that whether the ethical practices which are required to be
adopted by them effectively.
Examples of tasks conducted that meet national professional standards of safe and non-
discriminatory practice:
National professional standards of safe and non discriminatory practice in health and
social care are required to be fulfilled by health care centres. As being a medical practitioners, I
have gone through number of phases in my whole life so that effective treatment can be
delivered to my patients. In order to meet the desired professional standards I have consider all
of the requirement at the time fulfilling these required while performing each and every health
activity (Evans, 2016). Some of the specific activities which are performed by me in hospital are
diagnoses, consulting patients and providing them appropriate medications. All of these tasks can
be effectively addressed one by one. Diagnosis: It has been analysed that National professional
standards of safe practice in health and social care includes following of various norms related to
workplace in order to ensure patients that all of the services or treatment which is given to the
them will be free from bias activity. Consulting patients: As per the National professional
standards, it can be medical practitioners are required to consider equality act the time of
providing effective treatment to patients. This will ensure that patients will be treated according
to their health condition not on the basis of caste, religion or race. Medications: In addition to
this, at the time of providing adequate medication to the OPD patient in the hospital, I do ensure
that patients are getting healthy and safe environment in the hospital. This can be effectively with
the usage of health and safety act 2012.
On the basis of above made discussion, it has been analysed there are numerous of acts
which are required to be followed by medical practitioners in order to provide best treatment to
patients without facing any trouble related to health. Equality Act, Anti discrimination Act and
Health and safety act.

Importance of national system of government including relevant issues and improvements
Every nation has its own national system of government which shows actual functioning
of the government. With reference to the present scenario, National system of government of
United Kingdom shows that it is parliamentary democratic nation with numerous of
constitutions. Laws of United Kingdom includes statute laws, some laws are formulated by the
government. The country is highly democratic and provides equivalent opportunity to all of its
citizens. With reference to the health care sector, it has been seen that national constitutions
plays an essential role in the working practices of health and social care practices (Doherty and
Purtilo, 2015). It can be the said that the constitution of UK supports medical practitioner in
taking right decision according to the situation. This is because, these medical practitioners are
allowed to take decision on the basis of their activities. These laws are also important to guide
each and every medical practitioner about their rights and ethical values so that their practices
can be executed in right manner. In addition to this, these laws helps medical industry in
fulfilling all national health and social care criteria so that patients can get right treatment
without facing any kind of difficulty. Even though all of the legislations are beneficial and
helpful for the industry but still these legislation are becoming barrier for the healthcare
practitioner as well as patients. For instance: Legal terms says that every patient or its native
people have to fill documentations in order to ensure that hospital will not responsible for any
kind of misshapenness. This becomes barrier for medical practitioner as well as patients. This is
because, for medical staff fulfilment documentations will be delay in the medical treatment
which will affect patients health in negative manner. It can be said that fulfilment of these
documentation might also affect health patient (Harriss and Atkinson, 2015). This shows that
problems arose with the national system of government is hazardous for medical practitioner as
well as patient. In order to overcome this problem, government of UK has taken certain initiative
for helping health and social care. It has been seen that government has formulated certain
leniency in documentation (paper work) at the time of emergency cases in order to resolve issue
delay in patient treatment. As a result, patient as well as medical practitioner will get support of
government of UK in effective manner.

P6 : Different legislation and policy in regard to being able to work safely and healthily in health
& care settings
There are different kind of legislation and policy which suggest health care practitioner to
perform their work in effective manner. It has been analysed that health and safety at Work Act,
1974 is seen as the main law so that they can execute medical practices at workplace in effective
manner. This law is universally used by all in health care sector. The law also focuses on
providing effective and safe working environment to employees so that they can feel comfortable
at workplace and execute their work in effective manner (Moses and et. al., 2015). Along with
this, it has been further seen that there are some particular consideration of health and safety that
are required to be focused by medical practitioners. These consideration are describe as below:
Risk assessment: It is essential for the medical practitioners to focus on identifying that
possible risk in order to check out that whether their working capabilities are being done in
effective manner or not. This risk assessment will help medical practitioner in finding out health
and safety hazards so that issues can be find out at right time.
Organisations employing 5 or more persons: It is essential for medical practitioner to
find out certain number of people who will be assessing risk effectively in order to take certain
practices with which these issues can be overcome in effective manner. This will help out
healthcare sector in effectively (Botkin and et. al., 2015).
Maintenance of health and safety at workplace: It is essential that workforce as well as
equipment is kept clean. Further, the floors, stairs and hall should also be clean and hygienic. All
of these are to be kept adequately ventilated in order to ensure high extent of health and safety
within the premises.
Importance of relevant legislation and national policies while informing rights &
responsibilities for practitioners working in the setting:
The importance of knowledge about the laws in the hospitality sector played an effective
role for the growth. Employees and staff of the organisation needed know about the various
enough about the hospitality sector. Food and services which should be done in an effective
manner. Customer services are important and essential for the growth and proper management.
In this sector customer should be safe and healthy that they should feel safe and can be protected.
The policies which are made in behalf of the customer (Harris and White, 2018). The law and
government mainly focus on the sanitary and issues faced by the people. The roles and

responsibilities are carried for the practitioners who are working in the hospital sector. They
should feel safe and protected. Some of the laws and responsibilities are been applied which are
follow:- Recording keeping for hospitality law: In the hospital sector records should be kept by
the management team.
Human Rights Laws for England and the rest inform about equal and fair ways of treatment
Prevalence related with ethical issue create certain scenario related with crises that leads
to certain sort of unlike results. Hence, while using assistive techniques it must ensure by health
and care institute that ethics must be followed in order to perform operations in effective manner
that results in positive manner for patients (Chapin, 2017). This is because disabled patients have
to face number of issues such as mental harm, depression etc. which has created the demand of
taking into consideration the ethical practices while providing treatment to patients. Therefore in
order to implement ethical practices it is important fro the health and social care practitioner to
gain knowledge about the 4 ethical principles that are prevailing in the context of health and
social care that are explained below:-
Autonomy – It refers to the capability of an individual that is associated with HSC sector
for making up their own choice toward the referring of principle of autonomy (Pols, 2015).
Beneficence – This ethical principle put more emphasis toward confines the health and
social care sector in order to ensure the welfare of individuals who are suffering from particular
disease.
Non-maleficence – It is an ethical principle which works toward ensuring that no one get
harmed which taking cared by particular health & social care centre (Franzosa, Tsui and Baron,
2018).
Justice – It is a kind of ethical principle which depict about the moral obligation in order
to act upon a fair adjudication amidst conflicting claims.
Hence, Winterbourne hospital use the assistive devices for improving its practices but it
has to follow these ethical principles.

TASK 4
P7 Ways of workers to ensure compliance with relevant legislation and national policies through
ethical practice
The legislations and national policies provide help to employees for conducting clinical
practices and procedures in appropriate manner. It will provide support to avoid wrong activities
and prefer more effective procedures in order to gain better outcomes of sick people in health
care institution. Meanwhile, every legislation and national policy has set of framework including
several sections which can be consider one-by-one to ensure compliance (Carter, Laurie and
Dixon-Woods, 2015). Moreover, the ethical principles encourage practitioners to obey every
relevant legal rule while conducting number of clinical procedures in accurate way. The
Winterbourne scandal of care home reflects about abusive activities carried out by workers with
sick people having problem of autism and learning disability which can removed by following
ethics and legislations.
At the other hand, workers can analyse the response of patients and impacts of treatment
on them to ensure compliance with relevant legislation and policies. It is necessary to make
analyse the comfort zone of people that how they feel while talking with care professionals to
make sure about attempting desired policies. However, it is essential for them establish an
effective as well as efficient care plan of action considering overall legislations and national
policies carefully along with making appropriate decision of providing treatment or medications
accordingly (Sankar and Parker, 2017). In addition to this, care plan is supportive to carrying out
treatment activities in correct sequence through analysing its impact of condition of specific
patient along with monitoring risk factors to avoid them effectively.
The workers in care home of Winterbourne are required to focus on codes of conduct and
ethical principle which facilitate to direction overall efforts of them in correct direction which
helps to increase patient outcomes. It consist the criterion of following ethical norms to maintain
respect & dignity of service user and make informed consent by providing desired information
about treatment procedure to patient for gaining their permission regarding the same. Meanwhile,
care practitioners should analyse about relevant legislation before conducting any kind of clinical
practice and then follow desired regulations to render correct medications in appropriate manner
(American Speech-Language-Hearing Association, 2016).

P8 : Impact of laws, policies and ethics in context of patient's safety & care
The laws, policies and ethics lays an important role to conduct overall clinical activities
and procedures properly for improving condition of an individual. It is necessary for medical
professionals to focus on desired legal norms and ethical principles because they facilitate to
conduct clinical practices in correct direction through making right decision about treatment
process of particular patients (Fernando Chang-Muy and Congress, 2015). In context of
Winterbourne scandal, it has been analysed that professionals do not consider ethics and they are
not well trained and skilled due to which they attempt abusive activities among patients.
However, it is essential for them to gather Knowledge about laws and polices in order to conduct
their roles and responsibilities in proper manner.
Laws – This can be described as number of legislations relevant to various aspects of
health care that are required to followed by medical professionals in home care of Winterbourne.
It consist Health & Social care Act 2012, Equality Act 2010, Social Value Act 2012, Data
Protection Act and many more (Orthwein, 2017). However, these laws provide correct direction
to care practitioners to conduct medical procedures and protect people appropriately.
Policies – The policies consist organisational rules & regulations such as update new lase
& regulations, utilise advanced technology & education, pay respect to patient, follow ethical
principles and take feedbacks to solve problems. The employees working in care home of
Winterbourne, they are required to obey set policies to make decision and deal with sick people
which improve safety of them and increase appropriateness of treatment practices.
Ethics – The ethical principles should be followed by professionals because they
facilitate to conduct correct activities which are favourable for patients. It involves principle of
autonomy, beneficence, non- maleficence and justice which provide support to improve patient
outcomes respectively (Hepworth and et. al., 2016). However, it is mandatory for staff working
in Winterbourne care home to obey ethical principle which helps to avoid abusive attempt and
other harmful actions.
Impact of different equality legislation and equity while safeguarding individuals
The equality legislations plays an important role for facilitating delivery of medical
services to every person for improving their health status and spend their lives in comfortable
manner. It has been analysed that lack of equality is responsible for developing complications in
condition of number of patients belongs to discriminated community or having severe mental

problem (Gostin and Wiley, 2016). However, different types of equality legislations and equity is
favourable or those individuals who get discriminated while seeking care services for particular
health problem and suffer from complexities of the same.
Equality Act 2010 is a legal framework which provide support to protect people from
different types of discrimination in society. It includes number of regulations such as Sex
Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995
which facilitate to maintain equality among patients in health & social care. Meanwhile, equality
act also encourage protection of individuals from discrimination in other areas also including job
opportunities, education, public functions, transport etc. In context of care home of
Winterbourne, safeguarding of abused people can be ensured by following Equality Act by
providing desired facilities and give equal healthcare facilities. Moreover, it is essential for care
professionals to remove threat of discrimination and provide equal care services to every person
suffering from autism and learning disability.
CONCLUSION
From the above mentioned report, it has been concluded that health and social care is
consist of certain kind of law, ethical practice and policy. It has been identified that Equality Act,
Anti Discrimination Act, health and safety act etc. are some of the main act which are required to
be followed by healthcare practitioners. It can be said that adoption of this act will help medical
staff and executing their responsibility with the all required code of conduct. Furthermore,
adoption of these activities are not only helpful for medical practitioner but it also helps patient
to get recovered in quick manner. In addition to this, it has been analysed that ethical code of
conducts are required to followed by medical practitioners in order to help them in developing
their positive brand image at market place. Along with this, it has also been seen that by
providing effective training, head of the hospital can enhance performance of nurses and also
helps them out in keeping their practices free from any wrong activity. It is also essential for
medical professional to inform all nurses about their rights and responsibilities so that they can
get aware abut their work. As a result, it will help in completion of all work in effective manner.

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