Exploring Legal Framework in Health and Social Care: Report

This report delves into the legal framework shaping health and social care practices, focusing on the care of individuals with mild learning disabilities, autism spectrum disorder, and acute psychosis. It examines key legislation, including the Autism Act 2009, Care Act 2014, and Equality Act 2010, alongside organizational policies and ethical guidelines. The report explores the roles of the legislature, judiciary, and executive in shaping healthcare practices, emphasizing the importance of ethical conduct and patient rights. It references the Health and Research Authority (HRA), the Department of Health, and the NICE guidelines, highlighting the need for evidence-based care and a safe working environment. The Francis Inquiry is also discussed to illustrate the necessity of strong legal and policy frameworks to prevent patient neglect and ensure quality care. The report includes an observation write-up and reflection log, demonstrating practical application of the legal and ethical principles discussed.

Mild learning disability, autism spectrum disorder and acute psychosis
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Table of Contents
LO1 - The possible legal that determines the care practises within the health and social domains
.........................................................................................................................................................3
L02 – Key Legislation, national and organizational policy of fundamental importance to the
health, care and support service practitioner...................................................................................5
Observation write-up...................................................................................................................6
LO4: Law and policy in line with regulatory and ethical requirements in a relevant practice
setting...............................................................................................................................................8
Reflection log...............................................................................................................................8
Reference list.................................................................................................................................11
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LO1 -The possible legal framework that determines the care practises within the health
and social domains
The principles of
healthcare aim to protect
the interest of service users
by describing ethical
conduct in order to support
high quality of care. In
similar regards, it can be
stated legal framework
within health and safety
legislation is important to
promote dignity and care.
There exists series of
legislative measures
supporting safety and
health within the
healthcare settings. Thus,
the mentioned legislative
protocols are often
implemented to ensure
positive health outcomes
among the patients and
good working environment
for the professional.
In similar regards, Brown
and Coomes (2016),
pointed out the fact,
healthcare practitioners
must work within ethical
and legal framework, and
put into practise range of
policies charters and even
code of practises to work
with individuals suffering
from autism.
How legislature, judiciary
and executive are formed
All Party Parliamentary
Group on Autism was
developed after analysing
the needs of the adult
autistic individuals. With
support from NHS, the
governing bodies achieved
the provision for care.
Autism act 2009 can be
termed as the first ever law
designed for the differently
abled individuals and was
implemented by the
government for producing
statutory guidance for the
local health organizations
on implementing autism
related strategies towards
the end of 2010
Introduction and
background:
The Health and Research
Authority (HRA) and the
department of health
within the UK are
dedicated to an
environment where:
 Service users,
patients and even
the public are
provided with the
scope to participate
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in health and social
care research.
 Effective, safe and
efficient treatment
developed through
ethical means to
benefit the patients
 Applying to
conduct a research
is easy and
outcome is quick
with predictable
deadlines
 Charitable money
goes into research
and not in
duplicating other
works
Research is termed as core
function of social and
healthcare (Crane et al.
2016). The research should
work on improving
evidence based care while
adopting a learning culture
for better care. Researchers
often find it easier to high
quality work within the
domains of ethics for
appreciating the ways
social and healthcare
services are executed in the
UK. In case of the UK the
events surrounding autism
is on rise. Based on the
above statement, it can be
clearly stated it is
important to understand
the fact care for autism
must be provided without
practise of discriminatory
activities (Di Rezze et al.
2016) Autism can be
termed as a complex
condition that gives rise to
severe social and
behavioural issues.
However, with the right
research and evidence
based practise, it becomes
clear that care for autism
can be ensured through
ethical practises.
Purpose:
The health care practises
and process framework,
sets principles that can be
termed as good practise.
The principles can help in
promoting the interest of
individuals suffering from
autism.
For instance, the current
case study often struggles
to keep friends and suffer
from problems in social
interaction. It is for the
same reason, autism
affected individuals must
not be forced to face their
phobias; this may lead to
acute psychotic behaviour
(Majoko 2016). Thus, the
purpose of legal
framework within the
healthcare domain is to
ensure that healthcare
professionals gain
confidence of the patients
successfully and provide
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them with better care.
Autism act 2009 can be
termed as the first ever law
designed for the differently
abled individuals and was
implemented by the
government for producing
statutory guidance for the
local health organizations
on implementing autism
related strategies towards
the end of 2010
Scope:
The issue of autism,
learning disability and
acute psychosis is often
termed as a complex
domain. The Autism Act
2009 thus mentions the
importance of care and
legal principles that can be
followed for better care
(Legislation.gov.uk.,
2019). In similar regards, it
can be stated more than
half a million of citizens in
England are affected due to
events of autism that
reaches up to
approximately more than
1% of the total population.
Responsible Governments
have promised to improve
the conditions of
individuals suffering from
autism or developmental
problems and even acute
psychosis.
The purpose of the
mentioned legislative
framework is to establish
scope of equal rights even
for the differently abled
individuals. It would be
fair enough to state that
people with autism are
often subjected to
discrimination that leads to
poor health and social
outcomes
The Autism related act was
passed in the year 2009
and in the next year,
Government formed the
very first autism related
strategy for the country
named, Fulfilling and
rewarding
lives(Legislation.gov.uk.,1
2019). The mentioned
legal guidance was
especially for the local
healthcare authorities and
even NHS organizations.
The mentioned Act even
includes set of
recommendations and
duties on the domains of
treatment even in local
service centre cares. The
strategy was upgraded in
the year 2014 and named
as Think Autism that
renewed focus on prime
areas such as promoting
innovating in domains of
service and integrated care
while spreading awareness
about autism through
communities (Palmisano
2015). Think Autism is a
statutory guidance that
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provides recommendations
and even scope to earn
livelihood and criminal
justice. Legislation has
introduced new duties for
individuals suffering from
autism, the government
even formulating laws
(Care Act 2014) that
provides rules and
regulations for staff
treating or even caring for
autistic individuals.
“Children and Families
Act 2014” on the other
hand is seen to provide
special support system and
educational needs of the
individuals suffering from
autism. In addition to that,
the mentioned act is
responsible for providing
health and social care for
the individuals suffering
from autism (Palmisano
2015).
Furthermore, by the end of
2018, government
announced that it plans to
launch comprehensive
review of Think
Autism with the sole
purpose to ensure that the
mentioned legislation
remains fit for the purpose.
In addition to that
healthcare organizations
operating under the UK
government are seen to
work in collaboration with
Department of Education
to make sure to extend the
proposed strategy for
including children
suffering from autism. The
aspect of commitment
includes improving
services for people
suffering from autism were
included in the Long term
plan of NHS 2019. It is for
the same reason digital flag
was introduced to make
sure that autistic
individuals get enough
time to interact with their
care providers. It is for the
same reason; medical
professionals of NHS are
seen to make reasonable
adjustments to support
patients suffering from
autism or learning
disability or both (Brown
2017).
In order to make sure the
health and wellbeing is
maintained by the
healthcare organizations
operating in the UK,
following guidelines by the
NICE were formulated.
The guidelines state that
local healthcare
organizations for young
people and children
suffering from autism need
to be well coordinated
through a multi-agency
strategy groups that aims
to treat autism (Brown
2017). An assessment in
2016 a community
intervention undertaken by
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NICE helps in
commissioning of autism
related services for
individuals of all age
groups. The guidelines
provided by NICE is seen
to describe the best
possible practises for
people suffering from
autism. However, “Health
and Social Care Act”
formulated in the year
2012, is seen to set out
clear expectations related
to the system of care
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L02 – Key Legislation, national and organizational policy of fundamental importance to
the health, care and support service practitioner
Date and time of observation
16 June, 2019
Rationale
The NICE guidelines and even the Autism Act 2009 is important to ensure proper care among
the individuals suffering from Autism. The aspect of Equality Act 2010 is generalised and
applies for all the individuals suffering from one or the other mental disability and they
deserve equal rights. However, it should be taken into consideration that people with autism
have different needs and thus different strategies for care.
Individual needs of an autistic patients
Individuals with autism need a structured scheduled to be followed. Thus, it is of prime
importance to establish a routine and stick to it as far as possible. Patients with autism are seen
to learn in a better way from visual demonstration. Use of long instructions may emerge out to
be confusing. The use of positive rewards for positive behaviour can act as the right way to
reinforce positive behaviour
Details of the setting
The setting within the mentioned care centre is calm as distraction may create hindrance for
the autistic individuals to avoid distractions for understanding the right way for obtaining the
required health and social care. Finally, motivation and rewards are presented for positive
behavioural influence.
Context of the setting:
The setting of care is designed as per the requirements of the autistic individuals. The setting
was made calm for reflecting a sense of treating individuals with autism by initiating a sense
of trust
Observation write-up
Based on the literature, it can be easily stated following legislations were identified; Autism act
2009, Care Act 2014, Equality Act 2010 and Health and Social Care Act 2012 domains were
identified. In similar regards it can be taken into consideration, the event of equal opportunity of
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care and employment scope, despite their cultural or even ethical background. For example, the
“Health and Safety at Work Act -1974” keeps the healthcare organizations safe for both the
professionals and the individuals availing care (Shineand Cooper-Evans, 2016). The primary
demands of the “Health and Safety at Work Act -1974” are as follows:
Provide adequate training to the professionals to ensure proper healthcare practises are
implemented and adhered to. For example, the needs of an autistic individual are highly different
from that of a non-autistic individual. The patient cannot be comfortable in the hands on an
inexperienced person. This may further result in poor health outcome of the affected individual.
In the current case study acute psychosis is a matter of concern. If the healthcare professional is
not trained enough then the patient may harm others and additionally cause self-inflicted injuries
Adequate provision for the welfare of the staff is important. As stated by O’Dell (2016), the
aspect of well fare for the medical professionals often goes unnoticed. It is for the same reason,
the work force within a healthcare organization need to be motivated, through benefit programs
for handling complicated cases such as autism and acute psychosis.
A safe working environment where operations are properly maintained is a must have for all the
healthcare organizations irrespective of their clinical settings and speciality. As pointed out by
Roleskaet al. (2018), patients subjected to conditions of acute psychosis often lose touch from
the reality making hem prone to dangerous situations. Hence, it is of prime importance to make
sure that the healthcare and the surrounding areas are safe enough
Equality Act 2010 discusses about providing equal rights to the autistic individuals in terms of
social and economic security. The equality is further explained in provision of care and the ways
scenarios for treatment can be changed (Della Fina and Cera, 2015). The mentioned act, works as
a shield for protecting from guarding the mentally disabled individuals from stigma or even
discrimination. In case of employees the mentioned act helps in providing security against
workplace harassment.
Based on the reading it can be clearly observed that a care home runs on cooperation and legal
framework. Safeguarding the rights of patients and workers have gained immense importance
within the setting of healthcare (Werling et al. 2018). There remains a firm belief that events of
psychosis are often considered as an evil disposition. This statement is often due to lack of clear
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knowledge. The health care practises and process framework, sets principles that can be termed
as good practise. The principles can help in promoting the interest of individuals suffering from
autism (Mahdi et al. 2018). For instance, the current case study often struggles to keep friends
and suffer from problems in social interaction. It is for the same reason, autism affected
individuals must not be forced to face their phobias; this may lead to acute psychotic behaviour
(Kovshoff et al. 2017). Thus, the purpose of legal framework within the healthcare domain is to
ensure that healthcare professionals gain confidence of the patients successfully and provide
them with better care.
Based on the knowledge I have gained through the course of my professional care, inclusive
environment works best for autistic individuals. However, in case of acute psychotic disorder
things can emerge out to be a major concern. However, I feel that event of acute psychosis can
be cured through the use of anti-psychotic drugs. In regards to the staff members, it can be easily
seen that the professionals are seen to exhibit high care of respect for the patients and also for
themselves. In similar regards, it can be easily stated psychotic individuals are seen to exhibit
difference in pattern of behaviour. However, the healthcare professionals were extremely calm in
dealing with violent behaviour. This exhibits the level of professionalism maintained by the
healthcare professionals. The organization clearly focuses on the patient centred care principal.
The patients are treated with enough empathy and care is provided according to the requirements
of the patients.
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L03 – The law in relation to key ethical and professional practice themes in health and
social care
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Observation log write up: (LO3)
Demonstrate how you implement different policies and relevant legislations with regards to
human rights, equality, health, and safety practice in your own work.
One of the fundamental aspects of health care service is to protect the basic rights of the
individuals to whom the services are being provided. In the order to protect the basic and
fundamental rights of the general population, there is a need of human right policies while
providing equal importance to the delivery of quality health care service, safety of the patients
and unbiased and fair treatment of the patients irrespective of the creed, race, religion, and
gender (Greer et al. 2013). It is general practice among the health care professional in the
United kingdom to implement those policies in order to provide best possible health care
service to the individuals and I have observed how the international and national health
policies can be implement in a health care settings during my experience in the health care
settings. Hence, these different health policies and how these health policies can protect an
individual will be discussed in the following paragraphs (Greer et al. 2013).
One of the most prominent human rights acts that protects the fundamental and basic right of
individual is Human Rights Act 1998 (O’Cinneide 2012). The prime objective of this act is to
protect the freedom and fundamental rights of the every individual living in the United
Kingdom.
One of the most significant determinants of quality management healthcare. The FREDA
principle involves fairness, respect, equal opportunities, dignity and independence. This
concept has been implemented by human rights, ensuring what kind of service is provided,
whether or not fair, together with the respect shown towards the service customers. The dignity
of the consumers of the service is also regarded to be an indispensable consideration and all
patients who choose health facilities must be seen as similarly significant (Roberts et al. 2012).
The Convention's human rights consist of freedom of thought, prohibition of torture, rights to
life, freedom, safety, fair trial, retroactive action, private life, freedom of speech and of view,
association, efficient remedy, right to marriage, prohibition of discrimination, abuse of
Convention freedoms, and limitation of convention. Regarding human rights, the facility has
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