Legal Framework in Health and Social Care Practice

This essay discusses the legal framework in health and social care practice, including the different levels of law and policy, the relationship between ethics and legislation, key legislation and national policy, and the impact of national and organizational policy on health and social care practice. It also includes references to relevant books and journals. Course code, course name, and college/university are not mentioned.

Essay

Table of Contents
INTRODUCTION...........................................................................................................................2
MAIN BODY..................................................................................................................................2
P1. Summarize key features of the different levels of law and policy........................................2
P2. Describing the relationship between ethics and legislation in relation to the work of health
and social care practitioners.........................................................................................................3
P3 Describing the relationship between key legislation and national policy, of direct
relevance to health and social care practice................................................................................4
P4 Comparing national and organizational policy against national professional standard in
terms of their impact on health and social care practice.............................................................4
REFERENCES................................................................................................................................5
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INTRODUCTION
A legal framework is a set of rules and regulations in order to deal with the problems and
issues which needs to be clarified in definite manner for the betterment of an individual person.
In the health and social care industry, laws and legislation are the important factors which needs
to be considered by the practitioners to work in ethical manner. Accordingly, in this current
report it will describe the legal framework within health and social care practitioner and
describes the relationship between the ethics and laws in regard with healthcare practitioner
(Green and et.al., 2019). Moreover, it will also put focus over the legislation, national and
organizational policy of fundamental importance along with relationship between the key
legislations and national policy and direct relevance to health and social care. Furthermore, the
report will illustrate the comparison between the national and organizational policy against the
national professional standards and also explain the impact on health and social care practice.
MAIN BODY
P1. Summarize key features of the different levels of law and policy
The term law simply defines as justice and morality which needs in essential manner to
manage the public affairs and legislature in its measures. Laws are set of standards and
procedures that must be followed by the society so that an individual should have justice in
regard with any false activity. On another side, policy term is the outline of what government do
to achieve the better results for the society as a whole. Policies are made to protect the fair
activities and can achieve the goals in order to provide appropriate safety to the public and
society (Bogomolova and et.al., 2019). Thus, law is administrated through the judiciary whereas
policy is made by the government bodies for the betterment and welfare of the society. In health
and social care industry, laws and policy both plays an important role in growth and development
of social care where it enables the people to get equality and must have to follow ethical and
professional codes as well. However, there are different levels of laws in UK such as case laws,
civil laws, criminal laws and even such more from where the public of UK can safeguard
themselves from any false activity.
Furthermore, in case laws the health care practitioner have a right to raise their voice
against any unethical activities. Under the Equality Act 2010, service practitioner can protect
themselves from being discriminated at the healthcare firm and can perform their duties in
definite manner. Accordingly, the features of case law describes that in past situations if any case
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is identified where the service practitioner is facing discrimination then in this current time, that
case is known in case law of health and social care. It is important for the healthcare practitioner
to understand their duties and roles in effective manner from where the successful outcome can
be obtained. In the healthcare industry, the role of legislature is to focus on the passing laws and
helps the legal structure to implement the best laws for the betterment of the public (Gostin and
et.al., 2019). Thus, authorities in healthcare industry are Cabinet government, parliaments and
assemblies and even local authorities and health trusts who have an aim to adopt the best
legislations in the specific country. Accordingly, policies are made by the government to
safeguard, provide equal opportunities and much more to help the public in effective manner. It
is important for the service providers to know about the laws and policies which they need to
follow in health and safety area from which they can get the better outcome.
P2. Describing the relationship between ethics and legislation in relation to the work of health
and social care practitioners
In healthcare industry, it is important for an individual to understand and follow all the
laws and legislations which are made by the legal structure to protect the rights of the individual
person whereas ethics are made in particular environment which enables the person to perform
their work activities and duties for maintaining and handling the appropriate results and outcome.
Under the Equality Act 2010, this act helps the individual practitioner to have the equal
opportunities at the workplace where laws support the people to have their rights in definite
manner. Accordingly, legislations are applicable to any individual present within a state or
country whereas ethical rights are concerned with a personal act on a person based on their
perception and particular environment (Williams, 2018). Ethics plays an important role in any
industry where it becomes important to follow and follow and understand it is effective manner
for the betterment of the individual. In the healthcare industry, ethics relates to the activities
which are performed within the workplace which needs to practice essentially for example,
maintaining patient confidentiality which needs to be stayed between the patients and physicians
as it develops and creates a setting of trust in which the patients can share their feelings and their
personal history in effective manner.
Along with this, ethical practices also concludes informed consent which means
providing in-depth understanding of the risks and benefits of the treatment to a patient. A consent
form is essential to be filled by the patients and its family members for having a full knowledge
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about the risks, benefits and possible consequences of the treatment which needs to be signed
accordingly (Finn, 2020). Thus, there is a complex relationship between the legislation and ethics
in health care is showed above where laws and legislation are the rules which have to be
followed by an individual person whereas ethics are made within a specific workplace
environment for creating a positive surrounding from where the patients can feel safe and service
practitioners also can perform their duties in best and effective way by maintaining the ethics at
particular place.
P3 Describing the relationship between key legislation and national policy, of direct relevance
to health and social care practice.
It should be known to each individual that government has implemented laws and legislation
related to all such activities which can harm the human being to adopt the actions in regular
manner where in health care industry, it is important for health and social care practioners to
know about the key legislations and national policy which is implemented for the each care
provider. Accordingly, health and safety at the workplace us the most important factor needs to
be consider where as per the act Health and Safety 1974 which describes that employer is
required to maintain the health and safety areas at the workplace from where the patients and
employees both can feel good and positive by working at the particular place (Levy and Roelofs,
2019) Under the Mental health act 1983, it states that employer is responsible for taking care of
the mentally ill people from which patient can able to feel good and better and can get the best
treatment for the mental health problems (Lomax and Stone, 2022). The health and social care
practioners is required to follow this act and provide the proper care and well-being to the
patient. Moreover, the Mental health act capacity 2005 refers that it is the right and power of an
individual people to take decisions of their mental illness problems like if in a family an
individual is mentally ill then family members are allowed to take decisions in regard with the
patient treatment. Thus, equality should be maintained at every place under the Equality Act
2010 from which social care practioners need to provide appropriate care to the mental ill
patients as well.
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P4 Comparing national and organizational policy against national professional standard in
terms of their impact on health and social care practice.
At the healthcare centres, I is important for an individual employer or senior carer to follow up
all the rules , regulations and even laws and legislation from where the patients can be treated in
well manner way. There are many kinds of policies and laws has been made by the national.
Government and organizational administrators which needs to be followed in essential manner.
Thus, by comparing the national policy and organizational policy it refers that national policy in
health care industry is made for all the practioners and service providers whereas organizational
policy refers to only those carers who works over their place. However, under the Safeguarding
Act 2006 it refers that preventing people from getting harm at the work (Dresser, 2018). In recent
legislation this act refers to protection of the adults or social care practioners from the harm and
set out the responsibilities to work within health and care organizations. In addition, under the
legislation person centered care it expresses that employer have a duty to make every reasonable
effort to provide opportunities to involve the care practioners in decision making process about
the care and treatment of the patient and should give a proper support to them.
REFERENCES
Books and journals
Bogomolova, I.P., and et.al., 2019. The role and features of resource-saving processes in modern
conditions of managing the national economy and the implementation of state strategic
initiatives. Journal of Environmental Treatment Techniques, 7(3), pp.426-431.
Finn, J.L., 2020. Just practice: A social justice approach to social work. Oxford University Press.
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Gostin, L.O., and et.al., 2019. The legal determinants of health: harnessing the power of law for
global health and sustainable development. The Lancet, 393(10183), pp.1857-1910.
Green, R., and et.al., 2019. Key features of an innovative sub-acute residential service for young
people experiencing mental ill health. BMC psychiatry, 19(1), pp.1-13.
Williams, D.R., 2018. Stress and the mental health of populations of color: Advancing our
understanding of race-related stressors. Journal of health and social
Levy, B.S. and Roelofs, C., 2019. Impacts of climate change on workers’ health and safety.
In Oxford research encyclopedia of global public health.
Lomax, R. and Stone, K., 2022. The Role of Mental Health Social Workers in Crisis Work:
Values, Responsibilities, Powers and Duties. In Interprofessional Perspectives of Mental
Health Crisis?: for Nursing Health, A: nd the Helping Professions. Open University
Press.
Dresser, P., 2018. Counter-radicalisation through safeguarding: A political analysis of the
counter-terrorism and security act (2015). Journal for Deradicalization, 16, pp.125-164.
behavior, 59(4), pp.466-485.
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