Legislature, Executive, and Judiciary in Health and Social Care

This document discusses the role of legislature, executive, and judiciary in setting the legal and policy landscape for health and social care practitioners. It explains the key features of legislation, code of practice, statutory guidance, and national and organizational policies. It also explores how ethical considerations inform the legal and policy landscape in healthcare. Additionally, it analyzes the impact of the national system of government on healthcare and support service practice.

Lo1 and Lo2
1

Contents
INTRODUCTION...........................................................................................................................3
P1 Describe about how legislature, executive and judiciary set of legal and policy landscape
for health or social care practitioners...........................................................................................3
P2 Explain key features of legislation, code of practice, statutory guidance and other nation as
well as organizational policy.......................................................................................................5
M1 Discuss in details how ethical considerations have informed legal as well as policy
landscape in own nation...............................................................................................................7
D2 Analyse that government national system relates to effect on health care and also support
service practice or practitioners...................................................................................................8
LO2..................................................................................................................................................9
P3 National policies and key legislation in health and social care..............................................9
P4 Comparison of organizational policies and national policies...............................................11
M2 Focuses on ways in that particular health care as well as support services can fulfil to met
the standards of safe as well as non-discriminatory practice.....................................................13
D2 Influence of the equality legislation, notion of equity ,policy on the practice regarding
safeguard individuals with health as well as care support services...........................................14
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16
2

INTRODUCTION
The report is based on the health care service provider which are invited to take over
training of new care assistant employed in the organization. Besides this, the organizational
policies are designed in such a way so as to follow the national policies. It is to be considered the
suitable legislation and national policies like National health policy 2017, Main aim to improve
the health status of people and provide them the effective treatment and quality services (Makar
and et.al., 2019).
The report will describe about the legislature, executive and judiciary set of legal policy
which help for improving overall health care services in global world. It will support for
adopting key features by health care organization such as code of practice, rules and regulation,
code of practices and other type of enterprise policy for creating healthy environment.
Furthermore, it will consider the nation system that will create by government and also relates to
effect of health care services. The documentation will analyses about relationship between key
legislation and other national policies which help for maintaining health care standards.
However, it reflects on the different ways to specify task in health and support service practices.
In order to meet the national based professional standards. The documentation will provide brief
idea about impact of equality legislation, policy on the safeguarding practices for individuals in
healthcare services.
LO1
P1 Describe about how legislature, executive and judiciary set of legal and policy landscape for
health or social care practitioners.
The executive, legislature and judiciary and other professionals are involved towards health care
services where they always plan for making legal, policy landscape for health or social care
practitioners. Essentially, it plays important role in terms of regulatory bodies which provide
safeguarding the public and upholding or enforcing regulations. In accordance with specific
statutory legal framework which always support for improving overall health and social care
services. However, it will keep maintain register of health and social care, who are perfectly
suitable for practices in UK (Getrich, Burdette, Ortez-RiveraUmanzor, 2019). It must be
promoting and setting specific standards of conduct, competence and ethics that registered to
health care professional.
3

The executive and legislative branches of government Participate in the formation of
health care legal policy. In this way, judicatory has identified health issues through rules and
regulation. For Several decade, government bodies were involved with health policy in terms of
assurance treatment of patient in hospitals. It involves the significant role of government to
judiciary to examine the different areas require to make important decision. It mainly covered the
private and public insurers, analysis Medicaid payment rate for health care hospitals.
There are many reasons for expanding specific role of executive, judicatory in health
policy while including inability of legislative to develop unique or explicit policies. In this way,
it has increased possibilities for growing health care services and also adopting essential resource
for community (O’Mahen and Petersn, 2019). It is increasingly litigious nature of community,
society towards health care services. The role of judiciary, executive expands which is important
for evaluating to grow trends and choose an appropriate policy. With few exceptions, judiciary
have involved in the policy making process and have respondent to the specific dispute. It is also
considered the major social policy debates in past years. After examine past experience, it will
be decided to make legal policy towards health care services. in this way, it can easily resolve
related health services.
Afterwards, Government passed legislation and encouraging Medicaid program to stop
cost-based reimbursement principles in ABC home. It starts to develop an alternative payment
system. The legislation is the most common approach that would help for setting rates that are
adequate and reasonable to meet expectation level of health care practitioners (Makar and et.al.,
2019). Generally, it is becoming occasion for government whether it arises question in
accordance with specific rules and regulation. Sometimes, it intends to comply with human right
Act for providing better healthcare services.
The legal regulation and policy have potentially provided variety of benefits in term of
maintaining safety aspects within health care services. In above discussion, it can identify that
involvement of executive and judiciary which are being delivered the better health and social
care services. However, the extent, variability and fragmentation of regulatory bodies or system
in health care which makes an effective policy to reduce burden of organization (Ransom and
Yassine, 2019). In additional, Executive and Judiciary also assuming complexity of policy
process and multiple angle from which it is looked at, map for changing policy landscape in UK.
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Therefore, it is also identifying role of key stakeholders and drawing conclusion to move towards
healthcare services.
P2 Explain key features of legislation, code of practice, statutory guidance and other nation as
well as organizational policy.
The regulation-based decision must be founded on valid legal authorities and also
respecting regulation. It also outlines the internationally that would accept principles, represent
the legislation applied on the medical products and services. Policy maker is responsible for
designing health policies, guideline, laws, regulation on the basis of local and international.
Regulatory bodies are considered medical item and third parties that affected by other legalise
framework in term of industry (Wessels, 2019). As brief documentation always assists for
implementing policies and establishing new system for updating in healthcare services. There are
some common elements that help for controlling and maintaining the health care services.
Code of practice
It is based on the regulation that mainly applied within health care services for providing
prevention and control to infection. It supposed to make registration needs related to prevention
whereas medical professional service provider understands the demand of services. Sometimes,
it needs to comply with healthcare policies which always support for improving awareness
among people.
The important feature is that when code of practices supports employee and make
valuable contribution towards high quality of healthcare services. It provides assurance where
people feel safe and compassionate care, maintaining high standard confidence to handle
challenges in proper manner (Sayed, 2020). Through code of practices, it will inform people and
public to use health care service what they exactly want from health care practitioners.
 It will be promoting and upholding dignity, rights, privacy and wellbeing of people who
will use healthcare services in ABC hospital.
 It is also establishing collaboration with their colleagues to ensure that deliver high
quality of services, compassionate health care. It is an essential for improving medical
care facilities and services in global world.
In ABC home, The code of practices set up standards which are expected to healthcare support
employees and adult social care staff members. it is also outlined the attitude and behaviour that
should expect to experience from people. It is important for maintaining safety and give
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assurance to provide better facilities the code of practice is a type of documentation that will help
to understand and implement in healthcare services (Makar and et.al., 2019).
Statutory Guidance
It is mainly issued by local authorities and other strategic healthcare people, who will be
applied in healthcare services. healthcare practitioners should work together with other partners
which may include young people in different areas. It is initial point where local authorities are
looking demand of people, monitor the activities and found that what are essential treatment
helpful for patients. It is responsibility of authority to make sure that healthcare related
assessment carried out and also comply with request for helping in exercise of their different
functions.
Statutory guidance is that when local authorities joint together with other strategic health
parties. The strategic working may depend on the statutory guidance and it will contain several
responsibilities by local authorities (Gostin and et.al., 2019). Therefore, it can deliver the better
healthcare services through co-operating agencies. While local authorities are adopting children
act 2004, which mainly specify the statutory relevant parties. It will be establishing coordination
with authorities in making arrangement to improve healthcare services. The local authorities
required to have system in place to monitor the health condition of patients in ABC hospital.
National and organizational policies
The purpose of health care policies and procedures within organization provide
standardization in different operational activities. It become easier for working with policies to
give clarity when dealing with issues in term of health and safety. The significant of policy that
cannot be disputed but it will be managed from one healthcare firm to another in both national
and internationally (O’Mahen and Petersn, 2019). The important feature of policy is to improve
efficiency of healthcare service, facilities and ensure to maintain regulations. Sometimes, it can
be identified that policy become legal aspects for action plan where it helps for identifying
desirable result or outcome.
In this way, it will require to understand local authority policies and process which are
available for planning at review the healthcare service. It may involve the considerable time for
individual to maintain communication needs and involved with person for providing better
facilities. In order to make better decision related healthcare organizational growth and
development.
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M1 Discuss in details how ethical considerations have informed legal as well as policy landscape
in own nation.
In medical perspectives, healthcare professional has faced challenges in regarding legal as
well as ethical. The medical data transfer between healthcare firms need to handle different
security aspects. It also concerns about the database that would be handled by other local
authorities. The primary aim of ethics in healthcare is to aware about the risk and also linked
with information (O’Mahen and Petersn, 2019). It must ensure that enforcement of legal rules
and regulation. It should require to the knowledge of ethics in healthcare because it help for
maintaining legal obligation into guidelines and rules.
Data protection in healthcare service which mainly deals with protection of information
and covers wide range of issues related privacy, security. It is primary aim is to protect the
personal data of patient. It is to be consider in ethical manner, adopted legislation of data
protection Act (O’Mahen and Petersn, 2019). It supports for securing personal data in European
nation. In this way, it can be considered the common ethical and legal principles that have
informed in policy landscape.
Personal data should be processed in lawfully and fairly manner. it will require to maintain
adequate, relevant information for future treatment purpose. If it is necessary to keep record data
and processed in accordance with individuals. That’s why, it has been developed an appropriate
regulation for maintaining security aspects.
To legally and ethically justified processing of patient data or information. It is also
maintaining and confidentiality of medical data related to individual patient. Medical
professional, who are performed the different activities and also consider legal rights. By using
data protection act, it provides protection of individuals in terms of data processing. In order to
build trust, faith towards healthcare organizations in global world. many ethical concerns in
regards of treatment of patient as per national level (Makar and et.al., 2019). it is similarly to
raise conjunction and choosing an appropriate treatment technique through medical professional.
On the other hand, it will be considered two ethical requirement such as procedural and
substantive. These are carefully considerations when it also applied in healthcare centres. The
principles are that embodies in ethical requirement for protecting human rights. In additional, it
might be selecting an appropriate design to identify the accurate result or outcome.
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D2 Analyse that government national system relates to effect on health care and also support
service practice or practitioners.
National system of government in UK has evolved and become establish as one of largest
healthcare system in global word. The government has announced for adopting an efficient
strategy which help for creating more responsive, patient centred NHS in order to achieve
significant result or outcome. The system must focus on the existence of social insurance and
other type of medical services. Government was passed the principles for improving overall
health and social care services.
In UK, it despite several organizational and political changes that healthcare remains to
available for best treatment. Government is responsible for making an effective health care
service policy and procedure (O’Mahen and Petersn, 2019). In this way, many healthcare firms
are adopting strategic plan to enhance better services in global world. The health-related nation
system is widely covered business structure whereas it will design and develop in accordance to
identify essential resources, elements, equipment’s. Sometimes, it can be measured the public
health condition and planning will be distributed among market participants. It often put efforts
among trade union, government, charities and other healthcare organizations.
The national system of government is relation to effects on healthcare and support the
service practitioners. In this way, it also initiative that have been taken at both national as well as
international level. Sometimes, it is to be considered the core components in global health care
system. it directly impacts on the overall performance which indeed both conceptual frameworks
to adopt the evaluation in the performance of health system. The national system is complex
adaptive where it is not completely change need of management (Makar and et.al., 2019)..
Through national system, it could examine the explore reason for health status across large
populations. In this way, it is not only influenced large number of populations in term of
healthcare service but also defined overall public health system. In UK, Government has planned
according to requirement that will produce changes in healthcare services.
As per discussion, it has found that cross national may comprise to overall performance
of national system in health care. It is adequately defined in detail manner to measure health
condition of human being. The national health system include feature which automatically
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measure overall capabilities of system effectively and efficiently. In this way, it reviews UK
health care system as currently with aim to sever better facilities and services.
For example- In UK, Common health committee warns that whilst the healthcare service of
all groups, who will try to improve inequalities between social classes by adopting national
system. In this way, healthcare practitioners will be improved their own efficiency and
performance in term of medical services. In order to reduce gap between men and women due to
facts about health. The national system will support for every people (Makar and et.al., 2019)..
The healthcare practice is being transformed from both traditionally which offering better
treatment and supportive.
LO2
P3 National policies and key legislation in health and social care
There are various policies as well as key legislation which exists within the health and
social care and thus are of utmost importance. These legislations basically guided the
organizations regarding various aspects and is considered as the means of ethical practice.
Heath and social care act 2012
This is one of the major legislations which was formed for the health as well as social
care. This legislation is basically the act of parliament of United Kingdom which provides the
extensive reorganization of structure of National health service within England. This was the
legislation which first introduces the legal duties about the health inequalities that prevails within
healthcare sector. It mainly includes the particular duties for the health bodies which includes
Department of Health, NHS England etc. which were mainly concerned with reducing the
inequalities within health and social care. This legislation bought the major changes for the local
authorities upon public health functions (Makar and et.al., 2019). The national health service has
become intrinsic features in UK, which is not only determining country health but also
simplifying the values, beliefs and assumption towards healthcare services. The healthcare
organizations were considered the core principles that help to meet the requirement of every
people. With requirement of improvements happen through technologic advancement which
always support for health care practitioners, offering the better facilities and services.
Care act 2014
This is the another most important as well as effective legislation being established by
Parliament if UK and received the Royal Assent in year 2014. The main aim of this legislation
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was to overhaul exiting legislation which was 60-year-old relating to social care within England.
This legislation basically sets out the duties of local authorities in relation to analyzing the needs
of people along with their eligibility for the public funded care as well as assistance. After the
emergence of this legislation, local councils now have main duty to promote and facilitate well-
being of the cares where previously their duty was only extend to users of care services.
According to this legislation, any individual receiving the care as well as assistance from
regulated provider will be actually covered within Human Rights act 1998. Under this act, each
and every care center as well as care providers are bound to provide the effective treatment to the
patients and support to their families and shall promote their welfare (Dobovšek and Slak, 2017).
National health policy 2017
This is the policy which was being established within health and social care and thus
extend to the whole world. This policy mainly seeks to provide and reach each and every
individual in the highly comprehensive as well as integrated way for the well-being of people.
This policy mainly envisages and have the main goal to reach highest possible health and well-
being level to all the age group by providing the promote health care services. This policy mainly
outlines the use of proper procedure in order to provide the quality services to each and every
individual. The major objective of this policy is to improve and enhance health status via
concerted policy action within each and every sector as well as expand preventive, curative and
promote services and focus on the quality. This policy has emphasized on creating various
programs for increasing life expectancy as well as satisfaction within people suffering from large
number of diseases and disorders. This policy is mainly concerned with promoting the welfare of
people and extending the quality services to each and every area (McLean, 2016). The national
health policy support for identifying problem as well as solution in holistic manner. It mainly
promoting the better quality of healthcare in order to emerge towards investment for purpose of
prevention. The policy is to be consider as centric and quality driven that automatically
addressed health security. The policy has proposed for raising public health approximately 2.6%.
it also providing larger package for giving assured in public healthcare. Sometimes, the policy
may assign for specific reason while targeting quantitative data and find out reduction of
diseases, status of health condition. In this way, it directly impacts on the overall performance of
health care system.
National mental health policy 2014
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This is the another most effective as well as remarkable national policy within health and
social care where the main vision is to stimulate and promote mental health and prevent the
mental illness (Jönsson and et.al., 2019). This policy aims to provide the effective recovery to
patients suffering from various forms of mental illness and thus provide support to their families.
The main goals of this policy are
 Reducing distress, premature mortality and disability linked with mental health issues.
 Enhance the understanding of mental health within country
 Provide effective treatment to the patients and extending the services to all geographical
areas.
 Reduce the prevalence as well as impact of the risk factors which are associated with
problems of mental health.
P4 Comparison of organizational policies and national policies
The national policies as well as national professional standards might be similar or
different to the organizational policies of ABC care home. Thus, compliance to the national
policies is highly essential by organizations.
National health policy 2017
The major national policy as well as national professional standard is the National health
policy. This is considered as the policy which aims to provide quality health services as well as
treatment to the patients. The main purpose of this national policy is to improve the health status
of people through providing access to the high quality services and lowering the cost of
healthcare delivery. This policy extend to the whole world and thus mainly focuses on providing
quality in each and every aspect. Along with this, this policy aims to provide financial support to
provide financial support to the families and patients and reducing the cost of overall healthcare
delivery. This policy was being implemented in 2017 across the entire world (Schipperges and
et.al., 2017).
ABC home has a well-through policy regarding improving health of people and thus
strictly follows National health policy and national professional standards. ABC home provides
high quality services to the patients along with providing rehabilitative services at much lower
cost. ABC home organization mainly follows the guidelines of this policy strictly and hence
provide the effective treatment to the patients at low cost. Along with this, it also provides
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financial support through its various services to the patients and their families (Cooke and
Stephens, 2017).
The national and organizational policies have a great impact on the health as well as
social care practices. By complying with the national policies, ABC home is able to provide
effective treatment to the patients and this eventually improves the health status of people.
Besides this, the compliance to national policy and national professional health standards allows
ABC home to provide support and assistance to the people which ultimately raises their goodwill
in the eyes of people (Poruţiu, Pop and Poruţiu, 2018).
Equality policy
This is the another national policy which mainly emphasizes upon reducing inequality at
the workplace as well as among patients. The main objective of this policy is to create
environment where individual differences as well as contributions of the employees are
recognized. This policy is mainly concerned with providing a fair treatment to all the people
whether employees, healthcare professionals or the patients. Under this act, the healthcare
centers and hospitals are strictly prohibited to provide treatment to the patients on the basis of
their caste, sex, religion etc. as well as shall not exercise discrimination among the employees
working in health and social care. This act extends to the whole country and was mainly
established with the aim to reduce chances of inequality and provide access of quality services to
each and every individual irrespective of the social inclusion. Thus, according to this act each
and every healthcare center is liable to reduce discrimination at the workplace among patients
and healthcare professionals (Makar and et.al., 2019).
The organizational policies of ABC homes is highly defined and well-structured where
this organization considers all the norms of policies and hence applies it at the workplace. ABC
home has strict policy against discrimination namely anti-harassment and anti-discrimination
policy. Under this policy, each and every employees working in the organization whether nurses,
cleaning staff etc. will not be discriminated on the basis of their sex, religion etc. Besides this,
under this policy in ABC home, any patient and its family will not be interrogated regarding their
religion, caste etc. and will be provided with effective treatment in all the aspects (Dobovšek and
Slak, 2017).
This has a great impact on the overall health as well as social care practice. The
compliance of ABC homes with the national professional standard as well as national policies
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will help them to provide effective treatment to all the people. Besides this, it will also help the
organization to reduce discrimination at its place and will provide fair opportunity to each and
every employee working in the organization. The compliance with the national equality policy
helps ABC homes to build a trust among patients and provide growth opportunity to each and
every employee at workplace (McLean, 2016).
M2 Focuses on ways in that particular health care as well as support services can fulfil to met
the standards of safe as well as non-discriminatory practice
The organization polices as well as procedures can be designed so that it complies with the
regulations as well as provisions (Bray, Atkinson and Brooker, 2020). It is considered as a duty
bound regarding the management of any firm so that they can draw the polices as well as
procedures to implement policies. Most of the regulations and legislation that are concerning
healthcare industry are monitored as well as enforced through Care Quality commission for
England as well as local authorities. The health as well as social Care act of 2008. There are the
person centered values that can be followed such as
Individuality, dignity, independence ,privacy, respect, trust ,partnership, choice ,respect, privacy
and many more. They set to conduct where health as well as care professional must fulfill the
needs so that they can registered as well as practices. As it also includes the updating new
guidance such as earlier 10 years ago on social media the professional behavior of may not have
been regulatory). They are also provides training courses and checking education so that they can
make sure that they provide employees the skills as well as knowledge regarding practicing as
well as safety.
They can also maintain the register for the professional that every includes the public
search as well as also makes sure that professional can maintain the register. Regulators are
makes sure that this thing doesn't happen. They are also investigating the complaints regarding
people within their register as well as decide as they can allow more continue to practicing.
(Glasby, 2017)
Non-discriminatory practices
there are various non-discriminatory practices as well which is followed to meet national
standards. this enable in maintaining standards and preventing discrimination in offering health
care services to people.
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D2 Influence of the equality legislation, notion of equity ,policy on the practice regarding
safeguard individuals with health as well as care support services
Health and safety at work act in 1974
The act focuses on the broad range regarding issues that are related to the workplace
health, welfare, safety all across the various sectors. There are also consider as the statutory
instruments that can be developed to support as well as implement of the Act as well as provide
an interface with the regulations regarding the implementation of the Act as well as gives the
interface regarding the Regulations of Europe. It holds enforcement powers that can be resulted
within unlimited fines as prison sentences. The HSE also holds the enforcement powers that
resulted to care of the employees’ health as well as requirement of the safety.
Control of substances Hazardous to health 2002
Within the case of these kinds of regulations it may apply to clean materials as well as
mediators that can be dangerous if not be used properly. It also employees as well as services
that can be utilized by assuring that the substances that are safely stored as well as employees
utilized them properly (Adams, Dominelli and Payne, 2017).
Health and safety ( first aid) Regulations 1981
Staff members must assure that the first aid equipment as well as trained first aiders are
also present within the workplace as well as staff members are more aware of the first aid
treatments .
Manual handling operations regulations 1992 ( amended 2002)
Manual handling is known as the major issues are also for the care providers as people within
limited mobility require to be assisted more safely to move as well as transfer as it is crucial and
can respects dignity of the individual. Staff members are needed to assure that they comply with
the approach which is regularity. It does not mean the human rights are disregarded. There is a
need of the balanced approach that decreases risks regarding workers as well as at the same time
maintains the privacy, dignity for those who are caring for (Perzynski, Caron and Sudano Jr,
2019).
Quality in care
These are considered as circumstances that impact dignity for example living conditions
of the people within care home are also governed through regulations . Here the CQC is
considered as a health as well as social care regulator. It is used to publish guidelines regarding
14

the standards pf safety and quality. Thus personal assistants are also paid for that direct payments
as well as personalized budgets are considered as unregulated.
Food and safety act 1990
It is used to used the storage, preparation, services regarding food as well as also needed the
food business as they are run on non profit or profit. Within these business includes such as
clubs, canteens, care homes and many more. It needed the CQC services that can assures the
food as well as drink that can provided by them. They also prepared as well as delivered within
the way the can fulfill the needs of the Act (Jönsson and et.al., 2019). The local authority is also
accountable for enforcement by environmental health as well as trading standards . The FSA
( Food standard agency) can also focuses on where local authorities fail to meet the needed as
well as in emergency situations.
CONCLUSION
It has been summarized that legislations as well as rules and regulations play a very
important role within health and social care. Just like the other sectors, there are various policies
and legislation which are being followed in health and social care which basically guides the
ethical practices. These code of practices helps the healthcare organizations to provide effective
treatment to patients and exercise ethical practices. Besides this, the organizational policies are
designed in such a way so as to follow the national policies. Some of the key legislation and
national policies like National health policy 2017 etc. have the main aim to improve the health
status of people and provide them the effective treatment and quality services. The national
policies and organizational policies are the two main aspects which basically impacts the health
as well as social care practice. Equity also plays an important role within health and social care
which eventually helps to protect rights of patients and employees. The equality policy has the
main aim to promote equality and reduce discrimination among the patients and at the
workplace. Thus, an organization generates its policies and procedures which corresponds to the
national policy.
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