Law, Policy and Ethical Practice in Health and Social Care

This document explores the relationship between law, policy, and ethics in the context of health and social care practices. It discusses how the legislature, executive, and judiciary set the legal and policy landscape for the sector. It also examines the key features of legislature, statutory guidance, codes of practices, and national and organizational policies. The document evaluates the national system of government in relation to its effectiveness in healthcare and supportive services practice. Additionally, it explains how ethical considerations inform the legal and policy landscape in the nation. The document also describes the relationship between key legislation and national policy relevant to health and social care practices. It compares national and organizational policies against professional standards and analyzes the impact of equality legislation and policy on safeguarding individuals in healthcare or support services. Furthermore, it explains how specific national and international human rights laws influence equal and fair treatment in healthcare and services. It explores the implementation of different legislation and policy related to safety and health measures. The document also reflects on recent health and social legislation and its importance in informing the rights and responsibilities of healthcare service practitioners. It describes the relationship between law, policy, and ethics in a case scenario or healthcare setting and explains the impact of relevant law and policy on the outcome of a real case scenario. Finally, it critically reviews the ways in which healthcare and support services practitioners ensure currency and compliance with relevant legislation in relation to ethical practices.

Law, Policy and Ethical
Practice in Health and Social
Care

Table of Contents
INTRODUCTION...........................................................................................................................4
MAIN BODY ..................................................................................................................................4
PART 1............................................................................................................................................4
P1.Describe how legislature, executive and judiciary set legal and policy landscape for health
and social care.............................................................................................................................4
P2 Summarise key features of legislature, statutory guidance, codes of practices with national
and organizational policies..........................................................................................................5
M1 Explain in detail about how ethical consideration have informed legal and policy
landscape in own nation with respect to health care and supportive services practitioner.........7
D1 Evaluate own national system of government in relation to its effective health care and
supportive services practice and practitioners ...........................................................................8
P3 Describe the relationship between key legislation and national policy that is relevant to
health and social care practices...................................................................................................8
P4 Compare national and organizational policies against professional standards in terms of
impact over health care practices..............................................................................................10
M2 Reflection on ways in which specific tasks in health care or support services practice in
meeting professional standards of safe and non- discriminatory practice ...............................11
D2 Analyse the impact of equality legislation, policy an notion of equity on practices that
safeguards individual in health care or support services. ........................................................11
PART B..........................................................................................................................................11
P5 Explain how specific nationals and international human rights law influence and
information with equal, fair treatment of others in health care and services............................11
P6 Implementation different and relevant legislation and policy that is regarded to safety and
health measures .......................................................................................................................13
M3 Analyse recent health and social legislation inn relation to importance in informing rights
and responsibilities of health care service practitioner.............................................................14
P7 Describe the relationship between law, policy and ethics in relation to an case scenario or
health care settings ...................................................................................................................14
P8 Explain the impact of relevant law and policy over outcome of real case scenario. .........15

D3 Critically review ways in which health, care and support services practitioners that has to
be ensured currency and compliance with relevance legislation in relation to ethical practices
...................................................................................................................................................15
CONCLUSION .............................................................................................................................15
REFRENCES ................................................................................................................................17

INTRODUCTION
Law is one of the most important factor that has been involved in dealing over crimes and
wrongs that has been existing within an society. Laws are there to provide stability by
maintaining discipline and order in a country. These law has helped in forming an proper
framework in health care by making policies and ethical practices applied strictly within the
sector of health. Ethical code of conduct are those set of rules which makes discipline to be
maintained within health care sector. Such laws are covered under ethical code of conduct which
varies from sector to sector. Policies that has been formed has provided stability in performing
function in legal manner by avoiding illegal issues. Both policies and ethics plays very important
role in making health care sector secured for all the members working within it. Also policies
and ethics provides a solid structure which promotes positivity within health sector. Policies and
ethics strengthen the basic structure of healthcare department which helps in performing of legal
activities in appropriate way. Policies and laws have very important role to be play for making
smooth functioning of various organs of health department. This file is based over different
policies that are being used in ethical sector for achieving goals and objectives in appropriate
manner. In the end impact of policies has to be explained.
MAIN BODY
PART 1
P1.Describe how legislature, executive and judiciary set legal and policy landscape for health
and social care
There are three major parts that exists within an country and they are legislative,
executive and judiciary. They have drastic impact over health and social care which has been
explained as follows:
Legislative: Legislative branch has very important role to play within an health and
social care department. As it determines things over the services which has to be provided by
government that benefits member existing within society. This can be achieved by subsidizing
health and social care education, creating awareness over various health issues accruing in an
country and analysing data regarding health to make changes in policies of government. All this
directly impacts the quality of employees and functioning mechanism of health and social care
sector. Further legislative holds capacity and make sure that decision making should be fair. Also

legislative hold capacity in simplifying the law as per the needs of health care in a society. It
holds power to form an draft and made amendment for making it more effective with modern
law (Matthews, 2019).
Executive: The role of executive is to help in forming policies and developing strong
ethical code of conduct. Policies formed by them helps in providing guidelines with rules that
makes health sector to become more secure. Also it seeks that programs are being conducted in
proper manner or not. Implementation of various health care programs is checked by executives
only. The executive branch of government holds responsibility with considerable power to
develop and expand health policies by developing rule making, interpretative guidance. This
helps in smooth running of policies for example Equal Employment Opportunity Commission
has been active in pursuing claims under federal disability law. The EEOC has recently issued
interpretive guidance suggesting that the ADA prohibits discrimination in health insurance
coverage against particular individuals or groups with specific diseases.
Judiciary: It is one of the most important pillar which helps in providing justice over a
particular case to poor person and helps in maintaining legal validity of social and health care.
Also has played very important role in seeing that laws formed by legislative is being followed in
proper manner. It holds responsibility to be interpretative over laws that has been formed in
proper manner. Creates transparency in legal system. Judiciary also provides least ideal
development which is related to various health policies. They have passed judgements that has
helped in supporting policies formed and laws embedded. Judiciary makes rules and regulation
to be adopted and formed as per the objectives that has been set by a health care sector. Judiciary
can interfere in case where violation of human right and fundamental rights is being done by the
professionals of health care departments. Judiciary is responsible for making interpretation of
law possible.
P2 Summarise key features of legislature, statutory guidance, codes of practices with national
and organizational policies.
In UK health and social care Act 2008 has bee formed as one of the key legislature for
improving of health care sector. This legislation consists of certain key feature which are given
as follows:
 Assurance of safety and quality of care and for this purpose Care Quality Commission
has been setup.

 In this regulations various powers has been given, fines is increased. Also process of
investigations were enhanced.
 Clinical governance has been strengthen in order to make sure that hygiene standards is
meet by hospitals.
 Also made tribunals and hired officers to deal over dispute that has been set by an health
care sector in UK.
 This act has made arrangements to extend financial aid for Health sector in UK.
 Independent adjudication is made to help professional bodies regulate as per new
standards.
National policy that has been formed regarding heath care sector was formation of National
Health Services and various objectives that is covered within it is as follows:
 Build a consumer-focused integrated primary health care system;
 Improve access and reduce inequity;
 Increase the focus on health promotion and prevention, screening and early intervention;
and
 Improve quality, safety, performance and accountability
From organizational perspective Workmen compensation act, Employee rights act and
other important legislations were formed that made improvisation in work environment possible.
Also made employees deal over problems faced by them regarding working in particular sector.
Then ethical code of conduct is been followed that made discipline and order to be made within
working pattern of healthcare sector in UK. All the acts has promoted various changes in health
care policies and has helped in providing safety in terms of health. It has provided new base to
health practices that has been proven to be more effective upon health care sector of UK.
M1 Explain in detail about how ethical consideration have informed legal and policy landscape
in own nation with respect to health care and supportive services practitioner
Ethical consideration are those kind of consideration that are related to issues that has been
raised under healthcare department. These considerations are there for enhancing ethical
practices that has been followed within a country or society. Further they have been explained as
follows:

Informed consent: This means persons participating in evaluation that has been making
evaluation to be conducted. Participants is required to be made aware about the purpose of
project, its funding, what has to be used and adverse impact of these on basis to access findings.
The main purpose of informed consent is that the participant is able to make an informed
decision as to whether they will participate in the evaluation or not. Additional information
should also be provided in the event that the participant becomes distressed in any way during
their participation.
Voluntary participation: Is that kind of participation under which evaluation is free form
coercion. As per this an participants willing performs a work by himself. This includes various
kinds of elements that is involved in services. The employees performing work in health care
sector. There are various kinds of difficulties that can be faced by them and challenges as health
care sector involves variety of work within it (Lukas and et. al., 2020).
Do no harm: This is required to be followed by an organization of healthcare sector as no harm
should be made to any one availing services. These practices involves various kinds of
development which enhances handling of services in better manner.
Confidentiality : It is considered to be one of the most important factor that has to be followed
within ethics. Confidentiality has to be maintained to ensure patients and gain trust from them. In
this various things like data protection software can be used which makes sure that privacy of
information is maintained.
The purpose of National Code of conduct is to maintain discipline and order within the
health care sector. Also it covers those guidance and principals that has been used by halth cre
sector to makes sure that standard and quality is maintained while services is being provided to
its customers. This is going to help in setting an concrete structure over health care services that
provides ethics of national standards to be maintained. If in any manner ethical code is not
followed then appropriate legal action can be taken against them. As it can involve health care
risk of workers and patients taking services.
D1 Evaluate own national system of government in relation to its effective health care and
supportive services practice and practitioners
As health care sector is one if the most important part of a country like UK this has
helped in enhancing services within department of health care. It has lead over developing of
National healthcare services that has eventually lead to development of various kinds of rules

and regulation related to health care. Further it is related to maintaining of outcomes that creates
positive impact over health care sector of UK. This has become a key mechanism for
government to created transparency with proper governance and financing of UK's public
hospital system (Helm and Jones, 2016). Also policies formed by UK government has resulted in
providing a solid framework to make sure that all services is being done in smooth manner. After
introducing of ethical code of conduct discipline and order with stability has come within UK’
healthcare department and various services provided by them.
P3 Describe the relationship between key legislation and national policy that is relevant to health
and social care practices
The Prime Minister has announced the act of National Health Reform Agreement on 29th
May 2020 and has been amended by UKn government. This agreement has been formed between
UK Government, its sate and territorial governments. This act has been formed in order to makes
sure that better coordination and join care community has ensured the sustainability of UK health
care system. It is one of the most important mechanism that has been formed to make sure that
transparency, governance and financing is improved of Public heath care system of UK. As per
this agreement UK government contributes in funding to all the sate and territories that is being
covered within it. Under this services related to emergency department, hospitals and community
health settings is included. All level of government shares responsibility for health care services
within UK. The NHRA involves within it long term vision related to health care services which
makes service quality to be improved that makes government to work together over the vision set
under the act. As per the act state and territories has been involved in forming of public hospital.
This makes them responsible for determination of mix services and functions that has to be
delivered as per the given jurisdiction. Also it holds responsibility towards plaining and
performance of public hospitals. The goals set by NHRA has been explained as follows:
 Delivery safe and high quality care within the right place and specified time period.
 Prioritization and prevention of unethical practices that impact health of public for long
time.
 This is also there to provide sustainability in terms of finances
 Using only appropriate data to perform research in health care sector
NHRA is continuing to provide and increases funding for public hospitals and new
pathway for long term reform within the health system. This introduces six major reforms and

opportunities for states to trial new funding models related to health and care. In such agreement
support of delivery new life saving high-cost therapies. It provides improved accesses to
treatment for patients with rare conditions that has few options to remain. In this government
commits medical principals relates to hospital services. The main six reforms that has been
mentioned under it has been mentioned under Schedule C of NHRA is explained as follows:
 Empowering people through health literacy: In this all kind of information related to
health has been explained to public that makes them engage with efficiency in work of
health care services (Gelinas and et. al., 2018).
 Prevention and well being: It has been reducing burden over long-term chronic
conditions and improvising people's quality and health with better standards. Further in
this flexibility is given as government pays for various services taken by an individual.
 Joint planning and funding at a local level: Plans are being formed that is regarding
making strategies that has to be used in delivering of product at local level.
 Enhanced health data: Integration of data is required to support better outcomes of
health and services to be enhanced. In this improvisation related to technology decision
making and effectiveness is attained.
Health and Other Services Act 2006: This act has been formed in order to make series
of technical amendments within a pre existing act that Health and Other Services Act 1995. The
act was modified and sunset clause was removed that was applicable on advance payment
options that has been made available to finalising statements under the old provision. The act
was there to provide compensation recovery program within which nursing, home and residential
care benefits is covered from the persons who are in receipt of compensation of payment form
injuries or any kind of medical emergencies with residential care and benefits. This program was
handled by the Health Insurance Commission (HIC). This program has been designed fro
preventing double dipping with successful claimant for compensation. Such condition occurs
when an person has been receiving compensation over payment that has to be covered in medical
and other care costs relating to their injury, as well as Medicare and/or other benefits provided
under other Commonwealth programs such as residential care. In these situations, the person has
been compensated twice for medical costs associated with the injury.

The key relationship between the act is that both are focused over development of health
care sectors that has to be developed and improvisation is brought by them which has helped UK
government in maintaining quality within its health care services.
P4 Compare national and organizational policies against professional standards in terms of
impact over health care practices
The purpose of health care policies and procedure is to make sure that standardization
within day to day activities is achieved. As government of UK has been working over its policies
and structures that has made it clear and is essential in providing clarity over dealing with issues
and activities which is having critical impact over health and safety, legal liabilities and
regulatory requirements. The main importance of such policies related to health care and
procedure cannot be disputed with managing of organization to one another. As importance of
policies and procedure manuals may apparent. As the importance of policies and procedures
manuals may not be as apparent as it should be, we thought it would be resourceful to share our
knowledge on the matter (Gelinas and et. al., 2018). Various policies and amendment is been
developed by UK government in managing policies and various other documents that has played
important role in order to make sure that productivity and efficiency of health care is being
maintained by them at both national and sate level. Also no breaching is done within regulations
or regarding them by hospital services. This not an easy job as various aspects has to be covered
by them. Policy in healthcare is vitally important as it sets a general plan of action used to guide
desired outcomes and is a fundamental guideline to help make decisions. The purpose of
healthcare policy and procedures is to communicate to employees the desired outcomes of the
organization. They help employees understand their roles and responsibilities within the
organization. In the healthcare environment specifically, policy should set the foundation for the
delivery of safe and cost effective quality care.
M2 Reflection on ways in which specific tasks in health care or support services practice in
meeting professional standards of safe and non- discriminatory practice
In UK discrimination is an unlawful practices that takes place due to various kind of
things like age, disability, race, sex, gender and sexual orientation in creation to areas of public
life that has been including both education and employment. Department that makes
administration to UK Government Guidelines on the Recognition of Sex and Gender. Guidelines
and rules and regulations that has been issued by them is required to be followed (Fried and

Fisher, 2018). In this consistence of gender classification consists system and evidence required
for establishing change gender on personal records for UK Government departments and
agencies. This has been explained under the act of disability and discrimination act 1992.
Various other acts that has been formed for same purpose are Disability Standards for Accessible
Public Transport 2002, Disability (Access to Premises - Buildings) Standards 2010, and
Disability Standards for Education 2005. All these policies has helped in reducing
discrimination within a organization or health care department of an country. The policies that
has been formed within UK regarding discrimination has made drastic impact upon healthcare
department. It gave birth to equality within health sector of UK. Then professional standards is
been maintained due to whoch health care of UK is able to gain recognition at global level.
D2 Analyse the impact of equality legislation, policy an notion of equity on practices that
safeguards individual in health care or support services.
As the legislation has been introduced various kinds of illegal activities related to
discrimination has been reduced. Equity act has brought lot of changes within the anti-
discrimination policies. Various acts is being formed that has helped UK government to deal
over problems that is relate to discrimination in health care sector. These kinds of policies has
made framework to be developed that lead over improvising of policies related to discrimination
within health care sector (Capella and Lambton, 2017). Legislations which is formed in UK
related to discrimination has resulted into developing various kinds of guidelines and steps in
UK’s healthcare department that has impacted growth of National Healthcare Services
positively. Various kinds of strict legislations like health care act anti-discrimination policies has
make sure that healthcare department is able to provide better services to its patience.
PART B
P5 Explain how specific nationals and international human rights law influence and information
with equal, fair treatment of others in health care and services.
Human rights are those kind of laws that has been developed with prespective of
providing rights to human despite of race, sex, nationality, ethnicity, language, religion, or any
other status. These rights is based upon principals of life and liberty, freedom from slavery and
torture, freedom of opinion and expression. In this right to education and various other rights are
involved. Such rights are being provided without showing any kind of discrimination. In

international human rights laws has been laying down over obligations of government act in
various ways or has been taken from the act. It makes promotion of policies and also promotes
education of human rights and obligation of government to protect fundamental rights of
individual. Human rights is universal and is being enjoyed by everyone. No discrimination is
done which deprive an individual form these rights. In this matter UK has also formed an act that
is Human Rights Act (2004). The Act provides an explicit statutory basis for respecting,
protecting and promoting fundamental human rights. Rights protected include:
Recognition and equality before the law.
The right to life (Beard, 2019).
The right not to be subject to torture and cruel, inhuman or degrading treatment.
The right not to be subject to medical treatment or experimentation without consent.
The right to privacy and reputation.
Rights of the family and children.
The right to participate in public life.
Freedom of expression.
Freedom of thought, conscience and religious belief.
Rights of minorities to enjoy their culture.
freedom of movement.
The right to a fair trial and rights in criminal proceedings.
Freedom from forced work.
Rights of Aboriginal and Torres Strait Islander peoples.
Right to education.
Right to work and rights in work.
Majority of theses rights has been followed in King college hospital which has helped in
developing of human values within the working place. This right is formed from all conventions
like International Covenant on Economic, Social and Cultural Rights. The first time these rights
come into existence when Universal Declaration on Human Rights was formed and various
kinds of aspects has been covered over which these right is to be applied.
The human rights law has helped in developing various kinds of rights within the
kingdom place hospital which has helped in developing of health care sector of the hospital and

give patients proper deprive over rights in more effective manner. Also they are not being
deprives over there rights.
Also an human being is treated like human being and is not exploited.
P6 Implementation different and relevant legislation and policy that is regarded to safety and
health measures
In UK one of the most important legislation that has been introduced in order to deal with
health and safety is Work health and Safety regulation which makes sure that employees or staff
working at particular place does not has to face any kind of problem regarding work that has to
be done by them. This act includes safety management system that has been formed in order to
make sure that safety measures is being formed in proper manner. This act is there to provide a
framework that is there to protect health, safety and welfare of all workers regarding the
workplace and activities related to it. In this review is done in every five year to amend it. In this
act various kinds of elements regarding the safety and management of measures is done. The
main objective of the act is to create balance and protect nationality consisting of frame work
which creates safety and secure environment at work place. Further objectives has been
explained as follows:
Protecting workers of Kings college hospital against harm to health safety and welfare
over elimination and minimizing risk that has arisen form the work. This provides fair and
effectiveness over workplace representation, consultation, co-operation and issue resolution in
relation to work and safety (Barsky, 2017). It has encouraged union and employer in King
college hospital to play an contributive role in promoting improvements as per the health and
safety at work safety.
Promoting provision which has been advised, information, education and training in relation over
work in regarding to health and safety. Securing compliance in hospital through effective and
compliance and enforcement measure. In ensuring appropriate scrutiny and review of action that
has been taken by hospital management in performing functions as per standards that has been
mentioned under the act.
The act has helped Kings hospital to develop various aspects that has been given as follows:
 It increases knowledge, understanding and ability for meeting duties in respect, protect
and promotion of human rights which involves addressing of inequality matters within
hospital.

 This increases understanding an ability for translating human rights concept and
protection by porting high qualities services of hospital.
 Improved care experiences for patients, service users, their families and carers, through
embedding a human rights based approach into service delivery(Andanda, 2020).
 Due to this basic rights of patients has not been deprived of within any kind of
circumstances. Also services is improved of Kings college by making it more effective
and efficient.
 As these legislation makes all elements and factors affecting growth of King’s Hospital
to deal in appropriate and efficient manner.
M3 Analyse recent health and social legislation inn relation to importance in informing rights
and responsibilities of health care service practitioner
As health care sector has been developing itself at very fast rate and human rights has
very important role to play within the health care sector of UK. These rights has provided
improvement of experiences for services users, to workers, to service commission and provider
present in Kings college Hospital. Health care and human rights go hand in hand with each other
and focuses over creating better regulation in order to enhance services of hospital which is
related to health care of an country. As per my observation, it also provides a framework for
continuous improvement and progressively higher standards of work health and safety to
hospital. Maintaining and strengthening national harmonisation of laws relating to work and
safety which makes facilitation with national approach to work with health and safety measures.
P7 Describe the relationship between law, policy and ethics in relation to an case scenario or
health care settings
As health care sector includes practitioners with in Whorlton Hall Hospital that helps in
dealing with legal issues that has arisen within the hospital and make sure that an frame work is
formed an policies developed with implementation of law in proper manner. Then ethic is also
related to health care sector that has been formed in order to make sure that discipline and order
is maintained within Whorlton Hall Hospital. Relevant case law related to this is Sheron v
Golden. Facts of the case is that Sherdon is a bus driver that has business of transport and at
drives truck by himself also. As he was driving back he met with accident and his leg got

severely injured and was admitted to an nearby hospital. As he reached hospital and noticed that
no proper equipments were not there to treat him and because of which his leg was not able to
treat well. This made him handicapped and now he cannot drive. In this legislation formed
In this case if legislation formed would have been followed in proper manner which
would have not impacted ethical value or code of conduct. If policies formed by hospital would
have been implemented as per Health and safety act then ethical code of conduct would not have
been violate.
P8 Explain the impact of relevant law and policy over outcome of real case scenario.
Both policies and laws has been developing outcome that has made regulations to be
developed within Whorlton Hall Hospital. Health care sector is developed in proper manner that
makes all departments to work in proper manner. Policies and laws are one of the most important
part of an organization that has been making health care gain trust within the customers.
Relevant case law that is related to this is R v Bren in this case Bren has a stall of fruits
and vegetables in main market of town in UK. One day he was returning back to his home and he
got stabbed by knife. He was admitted to hospital. In the hospital all the equipments were there
and operation was conducted by them this made. He was alive and getting better day by day.
M4 Analyse the recent health and social care legislation in relation to importance in informing
rights and responsibility of healthcare service and petitioner
From the above case it can be seen that all the policies has to be followed by the
organization or hospital. It can be seen that all the basic necessities provided and quality services
is given this saved the life of Bren. Now this case lead shows that positive impact of policies and
healthcare to be followed by Whorlton Hall Hospital (Aly, N.A.E.F.M and et. al., 2020). In
reference to this case it can be seen that if Whorlton Hospital would have been following the
Health and Safety act then such act would not have been committed by the person and no
violation would be done. Staff would have controlled the situation this would have improved
services and enhanced all kind of treatment methods.

D3 Critically review ways in which health, care and support services practitioners that has to be
ensured currency and compliance with relevance legislation in relation to ethical practices
Health care sector has been changing day by day and facilities has been provided in it due
to development of policies and laws in relation to this. As health care sector is being enhancing
day by day due to policies that has been made by government of UK. This has made various
kinds of services to be improved and enhanced in better manner. In hospital like Whorlton Hall
various changes has been made by them within their policies and has been helping in developing
proper structure related to hospitality management has been formed. Also ethical practices make
sure that all kind of policies is being followed with discipline and order. This makes growth of
health sector to be sustained within market. Human rights has tendency to create more equality
within health sector of UK. Both of these policies has enhanced various functions related to
monetary funds to be managed in easily.
CONCLUSION
In this file it can be concluded that health care services is one of the most important part
of an country. Various policies has been developed in an organization that has been making
health care sector to be developed. Further in this file various kinds of act is explained in
relation to health care sector of UK. Then human rights is discussed in relation to the health care
sector and impact of it upon the health department of an country. Then health and safety at
workplace is developed. These policies has made working at workplace to be more effective and
safety of employees with patients to be kept in mind.

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