The Legal and Regulatory Framework in Health and Social Care

This essay provides a comprehensive overview of the legal and regulatory framework governing health and social care in the UK. It meticulously examines the core sources of English law, including legislation, common law, and EU law, emphasizing their historical context and practical application within the health and social care sector. The essay critically analyzes the distinction between criminal and civil law, statute law versus case law, and the operations of the UK court system in the context of health and social care. It explores key legislation such as the Equality Act 2010, the Health and Social Care Act 2012, the Care Act 2014, and the Health and Safety at Workplace Act 1974, highlighting their impact on patient care, equality, and safety. Furthermore, the essay delves into relevant common law paradigms, including case law examples like SC v UHS NHS, McCabe v Hall, Doy v Dr Gunn, Bolam v Friern Hospital Management Committee, and Page v Smith, illustrating the application of legal principles such as duty of care and negligence. The essay concludes by summarizing the key aspects of the legal framework and emphasizing the importance of legal safeguards for healthcare professionals.

The Legal & Regulatory Framework
(Assignment 1- Essay)
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The provision of rules and regulations recognised, enacted and enforced by the state or a
specific community to govern and regulate the behaviour and activities of the stakeholders
thereof along with the prosecution of levying penalties is called law. Today’s English law
comprises three core sources i.e. legislation (statue law), common law (case law made by
jurisdiction) and EU law, all coupled with historical value incepted from social custom and
traditions. The intended outcome here is the applicability of both civil and case law using
statue and common law as well as the court operations related to UK health and social care.
Critically analysing statute and case law in both civil &
criminal proceedings and the UK court system in light of
Health and Social Care context –
Criminal law v civil law: Criminal law refers to dealing with public wrongdoings
mostly prosecuted by the state to impose imprisonment, fine or other else to the respective
offenders (Jones, 2017). For example, murder, theft, robbery, smuggling, quisling, genocide,
rape, abuse etc. Conversely, civil law indicates dealing private disputes between two or more
parties about possession, right, occupation etc. which imposes fine or exclusion or
compensation or reward or other else (MacIntyre, 2020). For instance, fraud, medical
malpractice, breach of contract, negligence, defamation, trust property, family disputes,
private conflicts etc.
Statue law v case law: The law enacted in the parliament is statutory legislation whilst
verdict, judicial decision, precedent order and clarification of statues by the court is a
common law or case law (Adams, 2020). In statue lawmaking, a bill is to be nominated and
approved by the House of Commons. Then, the House of Lords is to pass the bill before the
royal consent of the British Queen. Finally, the bill turns out to be a written law (Kelly et al,
2017). Under these laws and regulations, the Supreme Court operates as the highest appeal
court having two divisions i.e. criminal and civil. The Appeal Court can overturn the verdict
of the High Court constitutes Family, Chancery and Queen’s Bench. No courts shall be
beyond the control of the Supreme Court de jure (Jones, 2017). In the UK legal system, the
Barrister (Senior Lawyer) and the Solicitor (Junior Lawyer) are two practitioners.
Court operations and statutory provision for health and social care: In
accordance with the proposition maintained in the Equality Act 2010 that introduces duties
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and obligations of public departments, sectors and wings to establish equality or justice
aiming integrated consideration into today’s day to day commercialisation of health and
social care, legislation has been enacted later on. As it happens, the Health and Social Care
Act 2012 provides the reduction of inequalities among patients with respect to the ability to
access care service and entire outcomes achieved for them in gross. At national and local
stages, it incorporates a legislative framework for public authorities to take actions
everywhere for equity and justice in having medication, care and consultancy (Wilson &
Rutherford, 2016). Regulation 13 of HASC-2012 provides the safeguard for vulnerable
adults by keeping them within the treatment and social care without being abused and by
preventing exiting restraints and from improper liberty of everyone.
Likewise, the Care Act 2014 maintains in a place, duties of local authorities in relation to the
assessment of communal requirements and their eligibility for support and care funded
publicly. There incorporate six principles such as empowerment, protection, partnership,
prevention, proportionality and accountability (Adams, 2020). Subject to the Care Act 2014,
the adults are legally protected from being abused or neglected or envisaging inequalities and
injustice. It urges the absolute wellbeing and independence of people at large. Another co-
related prevailing act here is the Health and Safety at Workplace Act 1974, primary
legislation encompassing occupational health, safety and medication in the GB.
The managers in healthcare should establish a secured and hygienic workplace under a
committee who is entrusted with making daily safety inspection, risk assessment, illness &
injury statistics and incorporating training about safety and basic do’s and don’ts (MacIntyre,
2020). Noteworthy that the state-funded healthcare system is conducted under the National
Health Service (NHS) that guarantees medication and care for all, for instance, ambulance
rides, complex surgery, emergency visits to the long hospital, chemotherapy, radiation etc. –
all are free to be paid for shifting payroll taxes afterwards. In the meantime, National Health
Service Act 1977, Section 3(1) has a provision of duty of care regarding hospital
accommodation, medical, dental ambulance and nursing service, the care of mothers &
babies, diagnosis & treatment and preventive measures about safety and healthcare.
Common law paradigms in health and social care: Subject to the provision of SC
v UHS NHS [2020] case law, hospital physicians were convicted to be negligent for the
wrong diagnosis of the child’s meningitis. In McCabe v Hall [2015], the defendant was
successful in petition establishing the liability of negligence against the GP due to failure to
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act on symptoms and signs (Wilson, 2018). Doy v Dr Gunn [2011] is on contrary to the
earlier case. Bolam v Friern Hospital Management Committee [1957] is a tort and
negligence case law, care standard for medical professionals. As per the verdict, a
professional in healthcare shall not be in breach of care duty if he or she acted in accordance
with accepted medical practices are being conducted in that particular way (Gillespie
&Alisdair, 2015). Here the defendant was released from the claim of the plaintiff (the
patient). Albeit by a low margin, it was held in Page v Smith [1996] that claimant patient
would suffer from physical injuries due to the negligence of the defendant, providing that the
types of harm were reasonably foreseeable albeit he was within the ambit of Doctor’s duty of
care.
To sum up, English law de facto consists of legislation, common law and EU law. They
provide civil and criminal proceedings in the UK court of justice. Duty of care, safety &
security and equality & justice in providing healthcare service are buzzwords in law for
medical professionals. To avoid potential disputes and claims, a dead under Contracts (Rights
of Third Parties) Act 1999, maybe a legislative safeguard for the professionals at large.
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References:
Books and Journals:
Adams, A. (2020), Law for Business Students. Harlow, Pearson
Gillespie &Alisdair (2015), The English Legal System, Oxford, Oxford University Press, 5th
ed. 2015
Jones, L. (2017), Introduction to Business Law. Oxford, OUP
Kelly, D, Hammer, R, Hendy, J. (2017), Business Law, 3rd ed., London, Routledge 2017
MacIntyre, E. (2020), Business Law. Harlow, Pearson
Wilson F.M. (2018), Organizational Behaviour and Work: a Critical Introduction, Oxford:
Oxford University Press
Wilson, S. Rutherford, H (2016), English Legal System OUP, 2nd ed. April 2016.
Case Law:
Bolam v Friern Hospital Management Committee [1957] 1 WLR 583
Doy v Dr Gunn [2011] EWCA AC 547
McCabe v McCabe [2015] EWHC 1591
Page v Smith [1996] 1 AC 155
SC (A Child) v University Hospital Southampton NHS Foundation Trust [2020] EWHC
1445.
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