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

This document discusses the role of legislature, executive, and judiciary in setting the legal and policy landscape for health care. It also explores the impact of national and organizational policies on social care practice. The influence of human rights laws on health and support services is analyzed, and the relationship between law, policy, and ethical requirements in health care is described.

LAW POLICY and
ETHICAL PRACTICE IN
HEALTH and SOCIAL
CARE

INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
LO 1.................................................................................................................................................3
P1Describe role of legislature, executive and judiciary to set legal and policy landscape for
health care ...................................................................................................................................3
P2 Summarise key feature of legislation, statutory guidance, code of practices, national and
organizational policy ...................................................................................................................4
M1 Explain detail about ethics informs health, care and support service practices, with
current code of ethical practices..................................................................................................4
D1 Evaluation national system of government in relation to effectiveness on health, care and
support services ...........................................................................................................................4
LO 2.................................................................................................................................................5
P3 Describe about relation between key legislation and national policy with relevance to
health, social care.........................................................................................................................5
P4 Compare national and organizational policy against national professional standards and its
impact on social care practice......................................................................................................5
M2 Reflect ways in which specific task in health, care or support service practice meet
national professional standards....................................................................................................5
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 ..................................................6
LO 3.................................................................................................................................................6
P5 Explain how specific national and international human rights law influence health, care and
support services............................................................................................................................6
P6 Implement different and relevant legislation in regard to healthy and safe conduct in own
practices.......................................................................................................................................6
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
LO 4.................................................................................................................................................7
P7 Describe the relationship between law, policy and ethical requirement ...............................7
P8 Explain impact of relevant law and policy on outcome of real case scenario........................7
M4 Explain in detail how chosen law, policy and ethical considerations might result in
difference outcomes ....................................................................................................................7
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9

INTRODUCTION
Law is one of the most important factor related to health care legislation which helps in
giving an concrete framework to maintain balance within services of healthcare in an society.
Different policies have been made regarding health care services. Such policies have lead
towards drastic improvement within health care sector. Under these laws only proper ethical
code has been formed which has helped in maintaining of professionalism within workplace
related to healthcare services. Scope of these laws is very wide because they have to deal with
social problems occurring in society. Nature of these laws is very dynamic due to its tendency
for having direct affect over health related matter. In this file things to be covered is base upon
role of judiciary, executive and legislature in health care and in the end cases are going to be
covered in relation to ethical consideration.
MAIN BODY
LO 1
P1Describe role of legislature, executive and judiciary to set legal and policy landscape
for health care
In UK parliament is the highest authority which helps in forming of laws related to all
aspects of health care. Role of judiciary, executive, legislative has been explained as follows:
Executive role: It has an very important role to play in formation of laws related to health care
because it makes those policies which is applicable through UK. These are also responsible for
development of NHS in UK that changes the standard of health care sector in UK. (Norvoll and
Pedersen, 2016)
Legislative role: This has very important role to play because they present a bill to both the
houses that is House of Commons and House of Lords. Then discussion takes place upon it, after
this only law is enacted.
Judiciary role: In this judiciary has a very important role to play because courts have got
responsibility of seeking that all laws are being followed in proper manner. Judge can also make
law under special circumstances.

P2 Summarise key feature of legislation, statutory guidance, code of practices, national
and organizational policy
There are four main principals that had been set-up by the NHSC that has become base to
perform activity in health care sector and these are as follows:
1. NHs provide an comprehensive kind of services which can be made available by all the
persons in UK. Despite of cast, age and religion.
2. NHSC services depends upon clinical needs not over an individual’s pay. Services of it
are free of cost.
3. Higher standard of excellence and professionalism has been formed by NHSC.
4. It must reflect needs and preferences of patients, their families and should focus upon
their care. All patient should be involve in the decision regarding their treatment.
M1 Explain detail about ethics informs health, care and support service practices, with
current code of ethical practices
Code of Ethical and conduct 2018 has been formed in order to guide all the members of
British Psychological Society in order to follow certain norms which are helpful in maintaining
professionalism within health sector. As the health sector improvises through the act in a way
that it has helped in making sure that ethics is been followed in proper manner in relation to
provide basis services to patients. NHS with the help of this conduct has make sure that basic
structure of Human rights and ethics is into been violated. Also Legislature and executive with
the help of judiciary has provided with certain guidelines under the code that are as follows:
 Respect
 Competence
 Responsibility
 Integrity
These principles has been able to mark out various important points which has helped in
making sure that proper framework has been provided which maintains standards in relation
over behavioral conduct within NHS and its various processes.

D1 Evaluation national system of government in relation to effectiveness on health, care
and support services
Policies formed in UK regarding health care have helped in making facilities of this
sector much better and also smoother. After this introduction NHSC has brought lot of rules and
regulation to make health care sector more organized. Safety of employees has also been kept in
mind under Heath and safety at work act. So, this is how health care sector has improved itself
within UK and policies formed by government have help in its growth. Further various kinds of
changes has been made through various kinds of government policies that has evolved health
care practices within UK. Also NHSC has made development of with the help of its principles
has made discrimination and inequality to be eliminated within UK's healthcare sector.
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 an act which has been formed through the
parliament in UK. As per this act it has been provided with most important feature for improving
of National Health Services in England. ( Mackelprang and Salsgiver, 2016). Care Act 2015 this
legislation has been formed to set on how people care and support for fulfilling of needs. Both
national and legislation has made these laws in order to protect health care within a society. Acts
has made establishment of independent board which is NHS through making allocation of
resources possible. Certain important features of these acts are as follows:
 Increasing power of GP's in relation to commission services in relation to patients.
 Also it has strengthen the role of Care Quality Commission.
 In this monitoring body has been formed which is NHS foundation trusts and has helped
in regulating of economic aspect through accessing competition within NHS.
 Also it has cut the number of health bodies to help meet the Government's commitment to
cut NHS administration costs by a third, including abolishing Primary Care Trusts and
Strategic Health Authorities.
Further these key improvements has made over all development possible within UK's
healthcare sector. Also formation of NHS made stability accrued within its services.

P4 Compare national and organizational policy against national professional standards
and its impact on social care practice
The Protection of Vulnerable Adults scheme was introduced by the Care Standards Act
2000. It aims to ensure that no one is allowed to work in the care sector if they have ever abused,
neglected or otherwise harmed vulnerable adults in their care or placed them at risk. The Care
standard Act was change to the Care act in 2014.
Under the Care Act, local authorities have new functions. This is to make sure that people who
live in their areas:
 Receive services that prevent their care needs from becoming more serious, or delay the
impact of their needs
 Can get the information and advice they need to make good decisions about care and
support
 Have a range of provision of high quality, appropriate services to choose from
M2 Reflect ways in which specific task in health, care or support service practice meet
national professional standards
In order to run health care organization administration it is very important thing to be
kept in mind because this contains lot of abilities and skills which are needed to be developed by
health professionals and are determined in an collaborative effort of healthcare leaders organized
under the healthcare leadership alliance. Such skills are competence under five competencies and
they are communication, leadership, professionalism, knowledge and business skills (Dominelli,
2017). These skills helps in achieving of task which is related to health and care within UK
health care sector.
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 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
which are formed on the base of anti- discrimination. This act has been formed mainly to fight

against discrimination age, sex, race and gender all these falls under personal characteristics
which is taken care by this act.
LO 3
P5 Explain how specific national and international human rights law influence health,
care and support services
In the UK all public authorities, including NHS organizations, have a duty to respect and
promote human rights of people. Human rights in health and social care aim to help the health
and social care in UK by:
 Increased knowledge, understanding and ability to meet duties to respect, protect and
promote human rights, including by addressing inequalities.
 Improved care experiences for patients, service users, their families and cares, through
embedding a human rights based approach into service deliver.
The Human Rights Act pf 1998 has been formed after the European Convention on
Human Rights which has helped in making sure that various kinds of laws in relation over health
care sector. Also it has lead over forming of national courts in order to deal with health and
human rights issues. This has lead upon forming of European Court of Human Rights which deal
with any matters in relation to Human Rights within UK. In relation to health care sector these
rights has helped in forming proper structure which made NHS form proper structure which
helped in making sure that Human Rights has not been violated in any manner.
P6 Implement different and relevant legislation in regard to healthy and safe conduct in
own practices
Control of Substances Hazardous to Health 2002: In the care sector these
regulations may apply to cleaning materials and medications that may be dangerous if not
used properly. Care providers must protect staff and service users from harm by ensuring that
potentially dangerous substances are safely stored and that staff that use them are properly
trained to do so (Müller and et. al. , 2016).
Health and Safety at Work Act 1974: as per this act an employer in order to keep its
employees safe for maintaining of health care facilities in an organization. Main aim of this
act is to promote and protect people from risk of getting injured and health injury for
protecting of non-employees against health.

These acts applied within healthcare practices helps in making sure that practices
related to healthcare sector is done in appropriate manner. Also this made improving of
quality of services in health care sector.
M3 Analyze of recent health and social care legislation or national policy in relation to
rights and responsibility of health care or support services
In recent times lot of changes has take place in health care sector and has drastically
changed rules regarding ethics and performance. In UK introduction of Health care act brought
NHS into existence which set-up certain norms that eventually made right for both patient and
staff providing them services. Also health and safety act has made an work environment safer for
its employee and has marked out their rights. All national policies have been playing role in
developing new and better practices within the department of health care. Formation of various
acts like Equality act 2010, Health and Social Care Act 2012. These acts has made inertial
working improved which has lead upon making health care practices enhanced within hospitals
of both private and public nature.
LO 4
P7 Describe the relationship between law, policy and ethical requirement
Law, policy and ethics is considered to be one of the most important pillars of health care
and social services. Policies that are that are being formed are inspired by the laws that exist
already but are not compatible with modern situation. Policies and law go hand in hand because
without law a policy cannot be created. Ethics has very important role to play with law and
policies because they make sure that laws and policies are able to maintain order and discipline
in a society. Ethics are general code of conduct, laws are formed over aspects of society and
policies are based on both law, ethics (Demuijnck and Fasterling, 2016).
P8 Explain impact of relevant law and policy on outcome of real case scenario
Development of various policies has lead towards formation of a concrete structure of
health services. These policies has helped in uplifting of these sectors and has made it easy for an
common man to take these facilities. Impact of NHSC has brought changes in ethics of health
care. This can be understood through this case law that is Wesel v Ron in this case Wesel was
driving his car and met with an accident. He was admitted to hospital where there was no ethical
code of conduct and he has to suffer severe injuries. He was only treated well when Ron his

friend got him shifted to another hospital in which proper treatment was done. So it can be seen
in this case that ethics are very curtail part of health care.
M4 Explain in detail how chosen law, policy and ethical considerations might result in
difference outcomes
Mental health act 2007 is one of the most important act that has been formed keeping in
mind about the safety of mental health the main aim of this act is to amend the 1983 Act.
(Adams, Dominelli and Payne, 2017). This is going to help in gaining of better result in an
particular condition because mental health is also one of the most important factor which is
required to be taken into consideration as it can affect services of health care. Also the act helps
in dealing with patients having mental disorder of any kind which lead upon formation of ethical
standards within UK.
CONCLUSION
From the above file it can be concluded that policy, ethics and law has an very important
role to play regarding influencing of health care. In this file role of judiciary has been explained
with legislative and executive. Various acts has been discussed related to health care. NHSC key
points have been told. Case scenarios have been explained to explain impact of ethical code of
conduct in health care sector. Further in this file various factors have been discuses that are
important to learn in order to perform administrative functions. In the end a act has been
explained related to mental health.

REFRENCES
Books and journals
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human service practice. Oxford University Press.
Müller, A. and et. al. , 2016. “You have to make a judgment call”.–Morals, judgments and the
provision of quality sexual and reproductive health services for adolescents in South
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