Law, Policy and Ethical Practice in Health and Social Care

1 Law, Policy and
Ethical Practice in
Health and Social Care
Table of Contents

INTRODUCTION ..........................................................................................................................4
PART 1............................................................................................................................................4
1. Key legislation and national policies, organisational policies, statutory guidance and codes
of practice and what should have in place for Winterbourne......................................................4
2. Explain what laws and policies were Not being adhered to and give relevant examples.......5
3. Explain in detail what the shortfalls in patient’s safety and care were that related to the law,
policy and ethics..........................................................................................................................6
4. Explain what was the outcome of not following the laws and policies in place (what
happened to Winterbourne, the service users and staff and what recommendations were
made). .........................................................................................................................................7
5. Critically review the ways in which workers at Winterbourne could have ensured
compliance with the relevant legislation and national policies through ethical practice............8
6. Analyse the impact that different equality legislation and equity has when safeguarding
individuals in relation to Winterbourne view..............................................................................9
7. Describe the relationship between law, policy and ethics in relation to the practice that was
demonstrated at Winterbourne....................................................................................................9
8. Compare national and organisational policies against the national professional standards
and how they impact on practice in health and social care. .....................................................10
PART 2..........................................................................................................................................11
1. Describe how the legislature, the executive and the judiciary set the legal and policy
landscape for health and social care practitioners and the settings they work within...............11
2. Describe the relationship between key legislation and national policy relevant to health and
care settings...............................................................................................................................11
3. Explain what ethical practice is and give detailed examples of how ethical dilemmas can
arise in health and care practice and explain how you must deal with the dilemmas making
sure the ethical codes of practice are adhered to.......................................................................12
4. Reflect and give valid examples of two or three specific tasks that are carried out and how
you would carry them out in health and social care services that meet national professional
standards of safe and non-discriminatory practice in health and social care............................12
5. Evaluate our own national system of government what is its importance of the effect this
has on health and social care practitioners? Why is it important? What does it do? What issues

can arise? What do you think could be implemented to make it better?...................................13
6. Explain the different relevant legislation and policy and how you would implement it in the
work place in regard to being able be able to work safely and healthily in health and care
settings.......................................................................................................................................13
7. Explain how do the Humans Rights Laws for England and the rest of the world inform us
as health and care workers how we should and should not treat individuals in fair and equal
ways...........................................................................................................................................14
8. Explain the relevant legislation and national policies and what their importance is when
informing the rights and responsibilities for practitioners working in the setting....................14
CONCLUSION .............................................................................................................................15
REFERENCES..............................................................................................................................16

INTRODUCTION
The healthcare sector deals with the business which provide the medical service, medical
insurance, manufacture the medical drugs or equipments or facilitate provision of the health care
to the patients. This industry plays an important role in the country as it is an important part
which determines the GDP (Gross domestic product) of the nation. These are govern by the law,
policies and ethics which are developed to regulate their working in a fair manner. Laws are the
rules and regulations which are mandatory to be followed by the people in order to avoid the
legal consequences and policies work as guidelines which are adopted by the companies in order
to take actions. Ethics are the moral principles which governs the behaviour of the people or their
conduct. This report is divided into two parts, of which Part 1 shall deal with the case study of
Winterbourne view which relates to the healthcare sector. Moreover in context to this case study,
laws, policies and ethics shall be covered. And Part 2 shall be covered in Brochure. The
organisation chosen for this Part is Royal London Hospital, situated in London. It was opened in
the year 1740.
PART 1
1. Key legislation and national policies, organisational policies, statutory guidance and codes of
practice and what should have in place for Winterbourne
The health and social care practitioners are bound to be regulated by and should adhere to
the range of laws and polices when they are working in the health trust, public authority setting
or the primary care. Laws are the set of rules and regulations which are on one hand meant to
enforce the justice and on other hand prescribe the obligations and duties. These are derived from
the customs or the formal enactment by the legislatures. They derive their legitimacy from the
universally accepted principles which includes justness of rules or the sovereign power of the
Parliament. The key legislations in context to health and social care includes Care Act of 2014,
Health and Social Care Act of 2008, Social Value Act of 2012 and many other.
Policies are the basic principles which act as guidelines for the people, organisation and
the government. These are the set of declared objectives which the government seeks in order to
achieve and preserve in the interest of the national community. In context to health and social
care, the policies include policy of health and safety in the workplace, NHS Code of Practice