Legal Framework for Health and Social Care Practitioners

LEGAL FRAMEWORK

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
LO 1.................................................................................................................................................3
Role of legislature, Judiciary and executive in developing legal and policy landscape for health
and social care practitioners.........................................................................................................3
Summarisation of some key features...........................................................................................4
LO 2.................................................................................................................................................5
Relationship between key legislation and national policy...........................................................5
Impact of Organisational and National Policies and Standards on Health and Social Care
Services........................................................................................................................................6
LO 3.................................................................................................................................................8
Influence of Human Rights Laws on the Fair Treatment of Patients in Healthcare Industries...8
Relevant Legislations and Policies with Respect to Healthy and Safe Healthcare Conduct.......9
LO 4...............................................................................................................................................10
Relationship Between Ethics, Policy and Laws in Healthcare Scenario...................................10
Impact of Relevant Law and Policy on Outcome of Healthcare Scenario................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Health care services are essential to maintain and improve the physical and mental health of
a given population in any country around the world. As human being are imperfect creatures
prone to diseases and injuries, the quality of healthcare a country can provide has a direct effect
on the quality of life of the population living in the country (Chiarini, Opoku and Vagnoni,
2017). As healthcare services play such an important role in the society, there are in place
multiple national, organisational and legal policies, frameworks and standards to regulate the
quality of health care that is provided to citizens in order to ensure its effectiveness and
efficiency in helping the patients.
MAIN BODY
LO 1
Role of legislature, Judiciary and executive in developing legal and policy landscape for health
and social care practitioners.
In the UK’s system, various sources of law that are used in order to develop and implement
policies are Statutes, Common Law and Law from EU (Alderwick and et.al., 2019). All the three
aspects of governance i.e. legislative, executive and judiciary are closely interlinked to develop
correct policies for the healthcare sector. The statute signifies the legislation that has been
developed by the parliament of UK and Common law is the law that has been developed over the
cases that are fought in the court. The legislation basically is statutory law that is developed by
the governing body s that the there can be proper regulations and authority to either declare or
restrict any particular decision. Legislation is basically the principles that have been developed to
increase the safety of the public and reduce injustice or unethical aspects in the society.
The Judiciary system on the other hand finds is courts and tribunals (Jang, Lee and Heo,
2019). Case laws are normally included here in the judiciary system that can further assist the
legislations in implementation of better laws and policies for the protection of the health and
social care practitioners in UK. Executives are also a part of the system which includes the local
authorities, trusts etc. who are continuously working for the betterment of such workers. They
have developed various trusts at local level i.e. getting the women right to vote, stopping female
genital mutilation developing pension schemes etc. are the practices that have been adopted to
support such health and social care workers. The executive department has the right to develop
regulations for them. Regulations are mainly developed by cabinets or certain branches of
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government (Suetens and et.al., 2018). Standards on the other hand are the manner in which
certain things are to be performed in a specific manner. These are the guidelines which are to be
followed by the health care professional at all times in order to ensure that their work in
conducted in a standardised and approved manner. These are also developed for the workers in
health and social care sector and effectively contribute in better management.
Integration of all the three departments has proved beneficial for the health and social care
employees where they have been able to conform to a set of standards measuring the quality of
work that they are performing and are also given additional benefits through the implementation
of various laws. These laws protect their rights in many aspects and help the workers in
compensating for the duty that they are bound to perform. For the Health and social care
practitioners, the legislation of UK has made various laws such as NHS England confidentiality
policy, Workplace health and safety etc. (Fortenberry Jr and McGoldrick, 2016). There are
various standards as well that are implemented in through CQC i.e. care quality commission in
UK. Therefore, the role of all the three parties in developing correct policies, rules, laws and
standards for the health and social care workers was discussed and presented.
Summarisation of some key features
The laws and policies are usually developed so that they can help in increasing the order and
discipline. This includes the legislations and regulations that have been developed, the codes of
practice, national policies and international policies as well.
The key features of regulations for health and social care workers are that they need to
comply to the statutory instrument where the ay new act or provision that is implemented has to
be followed clearly (Akther and et.al., 2019). There is however a critical role that is played by
the features of such legislative instruments and this can be illustrated as follows:
 Green Paper: These are simply just consultation documents that are prepared by the
government and are normally prepared when the people of the parliament decide to give
feedbacks to a particular department regarding the policies that they have developed. These
are not part of the law making but rather an after law development thing.
 White Paper: White paper is the report that is more authoritative and is basically a statement
of government policies where the intention of the government to pass a law is signified here.
Collectively both white and green paper forms a basis of bill representation in the parliament.
The bill thus presented is discussed and debated and only when it has been approved by both the
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