Law Policy and Ethical Practice in Health and Social Care
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This study focuses on the relationship between national policy, key legislations, and organizational policy in health and social care. It explores the impact of equality legislation and human rights on safeguarding individuals. The study also examines the role of law, policy, and ethics in compliance with real case scenarios.
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Law Policy and Ethical Practice
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TABLE OF CONTENTS INTRODUCTION...........................................................................................................................1 LO 2.................................................................................................................................................1 P 3. Determining the relationship between national policy and key legislations........................1 P 4. Comparing organizational and national policy in relation with national professional standards.....................................................................................................................................1 M 2. Reflecting on ways related with health care practice to meet national professional standards......................................................................................................................................2 D 2. Analysing the impact of equality legislation and notion of equity in order to safeguard individuals in health care...........................................................................................................2 LO 3.................................................................................................................................................3 P 5. Determining how national and international human rights tends to influence the fair and equal treatment in health.............................................................................................................3 P 6. Implementing effective relevant different legislations and policy in relation to safe and healthy conduct..........................................................................................................................3 M 3. Analysing the health and social care legislations in informing rights and responsibilities of health care...............................................................................................................................4 LO 4.................................................................................................................................................4 P 7. Determining the relationship between policy, law ethical requirements in compliance with the real case scenario...........................................................................................................4 P 8. Determining the impact of relevant law and policies on the basis of real case scenario...5 M 4.Determining how specific laws and legislations results in different outcomes to particular case scenario..............................................................................................................5 D 3. Reviewing ways in accordance to which health care practitioners ensure compliance with relevant legislations and policy..................................................................................................5 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Ethics is referred to as a moral philosophy which intend to focus on determining the moral principles which is mainly concerned with determining what is good and what is bad for the individual in the society (McLean and et.al., 2015). Law policy is referred to as a system whichisbased on strategicset of rulesand guidelines.Thisismainlyassociatedwith enforcement of social intuitions in order to govern specific behaviour. This study will highlight on determining the key legislations, organizational policy which in turn are considered to be important for health and social care. This study also tend to highlight on effectively interpreting the laws in relation with professional and ethical practice. Furthermore, this study helps in demonstrating ethical and regulatory requirements in a particular health and social care setting. LO 2 P 3. Determining the relationship between national policy and key legislations. Healthandsafetywithintheorganizationisconsideredtobeoneofthemajor responsibility which helps in avoiding risk assessment. This helps in identifying hazards and potential harm to the individual whilst working (Banks, 2016). Equality and human rights commission is mainly linked with protecting and promoting the human rights by eliminating discrimination and reducing inequality. National policy is referred to as the broad set of actions which is mainly adopted by government at national level in relation with pursuit of national objectives. These national policy helps in ensuring the health of the population in a country. Legislations in health and social care is mainly linked up with determining the behaviour which is acceptable or not by the society.Laws tend to focus on covering all aspects of life which is linked with the protecting the health of an individual. P 4. Comparing organizationaland nationalpolicy in relationwith nationalprofessional standards. Organizational policy is located on the public domain website which in turn is considered to be relevant for health care and support service provider. Theorganizational policy is mainly associated with equality, lone working, health and safety, disciplinary and grievance, etc. Principle of organizational policy is mainly linked up with subordination to national policy law, principles of natural justice, subject to judicial supervision, etc. National health policy, 2017 tends to seek at reaching integrated comprehensive care to the individual in order to de liver care quality services at an affordable cost (Nelson and Staggers, 2016). This policy helps in attaining 1
universal health coverage in order to deliver high quality care services. The national professional standards in health and social care is mainly linked with underpinning of five principles which mainly consists of compassion, dignity, respect, responsive care, support and well- being. Nationalprofessionalstandardsinhealthand socialcaretendstodescribetheeffective competent level of care at each and every process in relation to the nursing care. National professional standards is considered to be necessary because it helps in maintaining clinically safe and competent nursing practice (Martinez and et.al., 2015). These professional standards are considered to be very useful in promoting and guiding a particular clinical practice. M 2. Reflecting on ways related with health care practice to meet national professional standards. Complying with various national and organizational policy is considered to be as an effective way to meet national professional standards. In order to improve quality of care within the organization the health care practitioners must focus on identifying the gaps and various other areas of improvements (Sankar and Parker, 2017). It is also useful in measuring quality of care and demonstrating quality of care. This helps in measuring the quality of care services and also focuses n commissioning high quality care services which leads to higher sustainable growth and productivity. D 2. Analysing the impact of equality legislation and notion of equity in order to safeguard individuals in health care. Equality legislation is considered to be important for the business because it helps in protecting patients who are receiving care and also focuses on protecting individuals to be treated unfairly. Any individual who has been treated unfairly helps in protecting individuals with the helps equality legislation. Notion of equity tend to state that, horizontal equity is considered to be an effective way which in turn states that, individuals who tend to have similar ability to pay tax must pay similar amount. On the contrary, Vertical equity states, individuals who tend to have greater ability to pay tax must pay more (Harris and White, 2018). This is considered to be an effective practice to safeguard individuals in care support services. 2
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LO 3 P 5. Determining how national and international human rights tends to influence the fair and equal treatment in health. National human rights associated with the individual mainly comprises of effectively providing opinion in relation with the protection of human rights. This law is considered useful in payment of compensation for the particular damages. National human right in UK is mainly linked with treating each individuals equally, fairly, social security, workers right, freedom of thought,righttodemocracy,freedomofexpression,dignityandwithmutualrespect. International human rights is considered to be an effective treatment which in turn helps in protecting people from racial discrimination, torture, social and cultural rights, etc. These national and international human right law helps in influencing the fair and equal treatment in health and social care (Fernando Chang-Muy and Congress, 2015).This help in protecting individual who are refraining from interfering and also curtailing the enjoyment. It also helps in protecting individuals against human right abuse. Government tends to focus on protecting individual. When the domestic legal proceeding fails to address various human right abuse, then the individual complaint is proceeded to international human right treaties in order to ensure that international human right standards are implemented, respected and enforced at a local, regional or national level. P 6. Implementing effective relevant different legislations and policy in relation to safe and healthy conduct. Health and social care Act, 2012: This act tends to focus on determining the legal duties in relation with health and social support services. Social Value Act, 2012: This act tends to include health sector bodies and local authorities. This helps in considering social, economic and environmental well- being of an individual. Equality Act, 2010: this act is useful in encouraging identification and elimination of victimisation, Sexual harassment and discrimination. This is useful in facilitating and promoting progressive realisation of equality. 3
Mental capacity Act, 2005: This is a parliamentary act in UK, whose primary purpose is to effectively provide a legal framework in order to take decision and act on behalf of the individual who lack the capacity to take decision (Wallerstein and et.al., 2017). Human rights Act, 1998: This law is useful in complying with various human right act and treat every individual with equality, respect, dignity and fairness (The Human Rights Act, 2019). This law also strives for ensuring individual safety in relation with health and social care support. UN Conventions on the right of persons with disabilities, 2008:This convention is considered to be useful in protecting the right and dignity of the individual with certain disabilities. UN Convention on the right of child, 1998:This law is considered to be useful in setting legal, cultural, social, political, civil and economic rights to every child, regardless of the fact associated with religion, race, caste, creed, ability, status, etc. UN Conventions on Elimination of all forms of discrimination against Women, 2001: This law is considered useful in protecting women from all sort of discrimination by effectively adapting to several treaties and claiming rights to women. M 3. Analysing the health and social care legislations in informing rights and responsibilities of health care. Wheeler and Bertram, (2019)said that, Health care legislation like Health and social care act, 2012 helps in effectively introducing the legal duties associated with the health inequalities within local and national levels in UK.Sandu and Frunza, (2018)evaluated that,Equality Act, 2010 is useful in facilitating and promoting progressive realisation of equality. There are several conventions and policies which in turn tends to focus on effectively carrying out several business operations. These health care legislations helps in informing rights and responsibilities related with health and social care. LO 4 P 7. Determining the relationship between policy, law ethical requirements in compliance with the real case scenario. Law policy is referred to as a system which is based on strategic set of rules and guidelines. Ethics is referred to as a moral philosophy which intend to focus on determining the 4
moral principles which is mainly concerned with determining what is good and what is bad for the individual in the society. Policy is considered to be an effective process which in turn helps in reinforcing and clarifying the standards in order to manage staff effectively in the workplace (Hall and et.al., 2018).For example, a 12 day old new born who was admitted in the hospital both legal and ethical challenges must be taken into consideration. In accordance with the non- maleficence principle in relation with ethical ethics, tends to ensure patients safety. This also helps in protecting individuals and also in turn focuses on preventing any sort of injury or damage.They focus on creating a safety health system and focus on risk management, patient safety improvements and systematic deficiency. Health care practitioners must focus on creating physical and mental health setting for better care results and outcomes. P 8. Determining the impact of relevant law and policies on the basis of real case scenario. Health and social care act, 2012 aims to focus on empowering patients and tends to focus on innovating several ranges of products which in turn helps in delivering the best possible care to the individual (McLean and et.al., 2015). They key benefit associated with the legislations, policies, standards in the key area of delivering care is mainly associated with providing high organizational care and standards. This helps in offering risk free services and in turn also leads to protect themselves from any future allegations. For instance: Joe was suffering fromfemoroacetabular impingement in left hip early osteoarthritis. The patient tens to believe that, this condition tends to be a disability within Equality Act, 2010. This law helps in treating each individual with equal opportunists in a wider society and workplace. M 4.Determining how specific laws and legislations results in different outcomes to particular case scenario. Every laws and legislations have varied aims and objectives. There are various health care practice such as hospital, community health setting, domiciliary care services, charitable health or end of life support services, etc. (Fernando Chang-Muy and Congress, 2015). D 3. Reviewing ways in accordance to which health care practitioners ensure compliance with relevant legislations and policy. Health care legislations and policies are effectively implied by the health care practitioners within the health setting (Hall and et.al., 2018). Care quality commission is mainly linked with 5
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the health care authority which in turn ensures that company effectively comply with legal laws, policies and legislations associated with health and social care. CONCLUSION From the above conducted study it has been summarized that, National policy is linked with broad set of actions which mainly ensures the health of the population in a country. The organizational policy is mainly associated with equality, lone working, health and safety, disciplinary and grievance, etc. Furthermore, this study concludes that,National human rights is associated with the protection of human rights. International human rights is linked with protecting people from racial discrimination, torture, social and cultural rights, etc. This study also helps in demonstrating relevant different legislations and policy like health and social care act, equality act, social value act, mental capacity act, human rights act and several other UN conventions in relation to safe and healthy conduct. This study helps in evaluating relationship between policy, law ethical requirements in compliance with health and social care. 6
REFERENCES Books and Journals Banks, S., 2016. Everyday ethics in professional life: Social work as ethics work.Ethics and Social Welfare.10(1). pp.35-52. Fernando Chang-Muy, J.D. and Congress, E.P. eds., 2015.Social work with immigrants and refugees: Legal issues, clinical skills, and advocacy. Springer Publishing Company. Hall, M.A and et.al., 2018.Health care law and ethics. Wolters Kluwer Law & Business. Harris, J. and White, V., 2018.A dictionary of social work and social care. Oxford University Press. Martinez, O and et.al., 2015. Evaluating the impact of immigration policies on health status among undocumented immigrants: a systematic review.Journal of immigrant and minority health.17(3). pp.947-970. McLean, G and et.al., 2015. General practice funding underpins the persistence of the inverse care law: cross-sectional study in Scotland.Br J Gen Pract.65(641). pp.e799-e805. Nelson, R. and Staggers, N., 2016.Health Informatics-E-Book: An Interprofessional Approach. Elsevier Health Sciences. Sandu, A.E. and Frunza, A.E., 2018.Ethical issues in social work practice. Information Science Reference/IGI Global. Sankar, P.L. and Parker, L.S., 2017. The Precision Medicine Initiative’s All of Us Research Program: an agenda for research on its ethical, legal, and social issues.Genetics in Medicine.19(7). p.743. Wallerstein, N and et.al., 2017.Community-based participatory research for health: advancing social and health equity. John Wiley & Sons. Wheeler, A.M. and Bertram, B., 2019.The counselor and the law: A guide to legal and ethical practice. John Wiley & Sons. Online TheHumanRightsAct.2019.[ONLINE].Available through:<https://www.equalityhumanrights.com/en/human-rights/human-rights-act> 7