Analyzing Health and Social Care: Legislation, Rights, and Policies

This report provides a comprehensive overview of key aspects within the health and social care sector, focusing on current legislation, sector skills standards, and their influence on organizational policies and practices. It examines factors affecting the promotion and maximization of user rights, highlighting the critical role of communication between care workers and individuals. The report also addresses factors contributing to loss of independence, non-participation, and social exclusion for vulnerable people, alongside organizational systems and processes aimed at promoting participation and independence. Furthermore, it identifies the extent to which individuals are at risk of harm and evaluates the effectiveness of policies and procedures for managing risks within health and social care settings. Finally, the report discusses current legislation and codes of practice applicable to medication handling, assessing the effectiveness of policies and procedures for administering medication within the sector. Desklib offers this and other solved assignments for students.

Running head: HEALTH AND SOCIAL CARE
Health and Social Care
Name of the Student
Name of the University
Author note

1HEALTH AND SOCIAL CARE
Table of Contents
Introduction................................................................................................................................2
Task 1.........................................................................................................................................2
1.1 Current legislation and sector skills standards influencing organizational policies........2
And practices..........................................................................................................................2
1.2 Factors affecting the achievement of promoting and maximizing the rights of users.....3
Of health and social care........................................................................................................3
1.3 Contribution of communication between care workers and individuals to promote.......4
And maximizing the rights of service users of health and social care services.....................4
Task 2.........................................................................................................................................5
2.1 Factors contributing to loss of independence, non-participation and social exclusion....5
For vulnerable people.............................................................................................................5
2.2 Organizational systems and processes in promoting participation and independence....7
Of users of health and social care services.............................................................................7
3.1 Identify the extent to which individuals are at risk of harm............................................8
3.2 Effectiveness of policies, procedures and managerial approach within a health or social
care setting for promoting the management of risks............................................................11
Task 3:......................................................................................................................................12
4.1 Current legislation, codes of practice and policy that apply to the handling of
medication............................................................................................................................13
4.2 Effectiveness of policies and procedures within a health and social care setting for
administering medication.....................................................................................................14
Conclusion................................................................................................................................15
References................................................................................................................................16

2HEALTH AND SOCIAL CARE
Introduction
Health and social care is an important sector dealing with the public welfare. The proper
health care services should be ensured by the people as well as the basic care is needed for
them for their protection. The required care must be given by the care givers. Every
individual has rights to get care and treatment and it falls into the basic human rights. Each
and every individual should possess a sense of human rights. The people who work in health
and social care sector they need to be skilled. As each individual should be treated most
caringly, this project includes the value of human rights that the workers must be aware of.
Task 1 deal with how to adopt the basic culture of human rights. The next Task deals with the
matter of non participation which is related to the case study.
Task 1
1.1 Current legislation and sector skills standards influencing organizational policies
And practices
The physical, mental standard of the people as well as their standard of life need to be
upgraded by the Health and Social Care department. Each and every individual has the right
to get facilities regarding health and care. UK national Government has different laws and
they are enacted so that every people can get the equal right to the care facilities. Laws
related to Health and Care is like Care of quality act, Equality Act is very significant as they
focus on the fundamental rights of the people so that their health issues are to be ensured.
They must get the equal rights to the treatment they require. The inequality and
discrimination must be reduced. The interruption in privacy and incidences of abuses are
quite common with the people who are physically not strong enough. But these incidents are
not desired. The patients are not enough skilled in maintaining the hygiene. In mental Care

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unit, the scenario is almost likewise. Giving care to the mental health patients is more tough
as there requires more of patience and skill.
The Human Rights Act 2014 and Care Quality Act suggest that the care giver must not abuse
any patients or cannot interfere in their privacy. The people who will break this law should be
punished. The equality of the services to all the people should be ensured by the laws
encouraging inequality. All the patients should be treated and given care irrespective of their
gender, language, race, culture, sexual orientation etc.
Skill is very needed to be developed by the care givers. They need to know about the rights
both of the patients and of their own. The skill can make the workers full of compassion,
empathy, and communication.
1.2 Factors affecting the achievement of promoting and maximizing the rights of users
Of health and social care
The rights of the patients are the most essential factor. The health and social Care units and
organization and the government should ponder over the matter that are the affecting factors
that influence the promotion and increasing of the rights of the users.
Lack of Understanding: One of the major factors that hamper the personal rights of the
patients is the lack the quality of understanding of the service givers. Much legislation has
been made by the government focusing on the rights of the service users. The HSC
department should modify the laws in course of time. These are limited for promoting the
rights of the patients. An environment of uncertainty is created for the people who need care.
Continuous professional Development: The professional places and environments are
rapidly changing as they are supposed to be developed. So the workers face problem in
making out their duties in that continuous changing working atmosphere. They should be

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well aware of their own responsibilities towards their clients as well as their basic rights. The
protest should be raised against the abuses of the service users.
Staffing Issues:
The skilled staffs are not in adequate numbers. This may cast a very bad impact on the
promotion of the rights of the patients in Health and care units. Along with the other
resources the skilful staffs and workers are needed in numbers. The staffs have to face a lot of
problems. They are not paid sufficiently, they are not given enough holidays and time to rest.
Their working shifts are not according to their comfort. All these factors make them possess a
reluctant annoying nature while working.
They should be aware of their own rights too. The rights of the working people in the health
and care sector should also be promoted. Enough knowledge and information they have to
gather for the betterment of their work. The service users also need to know about all the
rules and information regarding the rights of their own.
1.3 Contribution of communication between care workers and individuals to promote
And maximizing the rights of service users of health and social care services
In the health care unit, communication between the care giving workers and the users need to
be developed properly. This is how the rights of the services of the users can be promoted.
There are many reasons that the communication is getting obstructed for. They are the
differences of language, disabilities in learning, as well as the physical inabilities. There are
certain methods of communication. They must be known to the professional care givers. If a
terminal patient cannot talk in English which is the link language and cannot express his/her
feeling , there a translator is needed must as the familiar language of the patients is to be
translated in English for the doctors, nurses and other care givers. Similarly in the deafness

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and blindness of the patients the required facilities must be given. A brail is needed for a
blind and a care giver must know about using signs whether he will communicate with a deaf.
This is how they should need to understand their own rights. Some patients have the learning
disabilities. They have their own way of communication. The care givers must require to give
the best possible way of their communication and for this he/she has to be enough trained.
The life threatening situations need to be avoided by developing proper way of
communication:
Task 2
2.1 Factors contributing to loss of independence, non-participation and social exclusion
For vulnerable people
There are so many factors that influence some vulnerability for the people who lack
independence. Their non participating nature and social exclusion make them secluded and
they suffer from loneliness much.
Loss of Independence: Due to the old age or for some physical inabilities or harmful
diseases people cannot move independently. They suffer from decision making. The care
givers should help them in thinking positive so that they can develop enough mental strength
to take right decision.
Non participation: Due to the diseases and physical inactivity or for some mental illness
people can not involve in the social gathering. He always remains reluctant in engaging in the
society. These kinds of people suffer from loneliness and even tend to commit suicide. They
need mental help from the care givers. Care providers should be enough trained so that they
can communicate with them well. They have to grow their spirit up and give enough mental

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support so that they can again start mixing with the people. They should be encouraged to
develop their spirit without their privacy and rights being hampered.
Social Exclusion: Some people suffer from mental illness. They remain secluded. They are
completely isolated from the society. The care givers should attend them delicately without
harming their privacy that they do not want to be interrupted.
There are some factors which instigate losing independence.
Physical Loss: Being physically inactive the people lose their independence mostly as they
cannot move without help. Some physical losses include amputation, hearing loss, visual
impairment which make the people hesitate to go out and mix with the others. They think
they are not able to present themselves in the society. This is how they lose their
independence.
Mental Loss: There are so many mental illness and they are growing in numbers with the
progress of time. The mental ill people suffer a lot. Some mental diseases are related to the
growing age old. They are Alzheimer, dementia, amnesia, learning disabilities and others
psychological disorders. They tend to lose their independence as well as his
Emotional Loss: One may suffer from emotional loss due to the death of his/her beloved
ones. Then they also lose their interest in life.
In the present scenario Mr Albert Small is a deaf person so he has some physical limitations
that make him stressed and depressed. He was alone and there was no one to beside with him
so he got total disappointed and it affected his heath directly leading to stroke.
Factors contributing to non participation

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Personal: Some people like to be engrossed with their own thought process. They do not
want to be mixed with the larger society as they may have some unresolved issues. They may
be book oriented or egoist or classist.
Institutional / Organizational: Some of the people may be engrossed with or influenced by
some political ideas or have some views or thoughts which are product of belonging to some
organizations. The organizations may put pressure on them that they should not involve in the
social rituals.
Cultural: Some of the cultural or ritual views restrict the social participation of the
individuals.
Factors contributing to social Exclusion:
1. The poverty and unemployment can be a cause that a person is not capable of bearing the
cost of treatment.
2. Some cultural views or rituals may restrict the social involvement
3. If a person is not enough educated this may cause him isolated from the rest of the world.
2.2 Organizational systems and processes in promoting participation and independence
Of users of health and social care services
There are some organizations which extend their helping process and systems to the people
who are suffering from non-participation or lack of independence of the users. The duty and
efficiency of the employers are most essential part in this.
In balancing the duty of the care providers and the rights of the users the service givers have
to be trained well as well he/she has to possess the sense of responsibility and greater insight
along with the they have to grow some personal decisions in protecting the service users.

8HEALTH AND SOCIAL CARE
The issues of tension may have appeared. The tension and dilemma may create confusion
between the ethical and legal point of view. There are things which are not legally acceptable
but considering the human rights they must be indulged in for the sick person’s mental and
physical recovery. So the care givers have to decide with full of insight and experience how
he/she will balance among such contradictory factors. The rights of the user will be his first
object o preferences.
In case of Mr Albert Small as a social care consultant I need to pay heed to his creative
activities as it inspires him and makes him happy. Being a diabetic patient if he wants to
indulge himself in having sweets and chocolates I must not forbid him as it is his own right,
but I can give him the advises politely that it may harm to his health. If I can convince him,
then his rights and my duty both will be balanced.
Conclusion:
Though the care givers have to face many challenges in dealing with the patients, they have
to balance it well by using his/her moral ethics, work efficiency, enough knowledge and
insight. The rights of the users are to be maintained well. Not only the rights of the patients
but also the right of his own should be promoted by his duty and personality. For this, the
care givers may take the organizational help. The care givers should also be aware of the
modified systems and policies which can help them in the tension and dilemma they have to
go through their working experience.
3.1 Identify the extent to which individuals are at risk of harm
Introduction: It is seen from the given case study that Mr. Albert Small has been suffering
from stress related illness, deafness and stroke. It is also to be noted that he is also suffering
from diabetics. Medi8cine is not available at the right time. There are some other people

9HEALTH AND SOCIAL CARE
who are suffering with some other disabilities. These patients are frustrated as their
activities and requirements are not being fulfilled. Hence, local authority has done an
inspection. It is seen that there need a special commitment to encourage the people.
Therefore, essential strategy has to be taken in order to enlarge the participation of the
disable people in several social care and health sector. It is also necessary to issue the storage
of medicine. Consequently, a new manager should be appointed by the authority. It is also
necessary to employ a social care and health consultant.
Theories
Functionalist theory and disability:
The role of medicine is emphasised by the influential functionalists to make well and to
manage the normal execution of society and individuals. In the replica, “sick role” involves
being grievance and inadequate to recover. Consequently, people will be in the inoperable
conditions. Disable people are involved in these conditions. They can be categorized as sick
and it is seemed that they are deviant. There is a link between social deviance and disability
(Barnes 2013). Impacts are made by Functionalists on social insurance and study and
backings the advanced with predominance of competently embarrassed safety and welfare
supervision for handicapped people. Thus, under ebb and flow welfare courses of action,
over 70% of spending goes on the pay rates of experts working with impaired individuals.
Just as of late has this been diminished through the financing of free living plans controlled
by crippled individuals? A disparity of functionalism, standardization premise, lies behind
only some ventures that assert to authorize depreciated persons to guide communally
honoured lives. A case of the disputable approach is corrective medical procedure for
individuals with syndrome of Down.
Functionalism befuddles debilitation and incapacity with the wiped out part. By neglecting to
perceive that impaired individuals don't really have "some kind of problem with them," it just
repeats oppressive standards and qualities—rather than tending to the social and financial powers
that accelerate them. The essential issue is that debilitated individuals, paying little mind to the sort
or seriousness of their weakness, are not a homogeneous gathering that can be suited effectively
inside a general public that assesses their individual or aggregate needs. Similarly as with the
entire populace, handicapped individuals contrast broadly as far as ethnic foundation, sexual
introduction, age, capacities, religious convictions, riches, access to work, et cetera. Unmistakably,
their circumstance cannot be comprehended or, to be sure, changed by any arrangement in view of

10HEALTH AND SOCIAL CARE
tight hypotheses of customary ordinariness or consistency.
Social Constructionist:
The theoretical approach is midway concerned about importance. It reveals the
indispensable implication of acquisition from incapacitated involvement of persons to grasp
insinuation of handicap. For illustration, optical insufficiency contrasts according to the
monetary and communal settings. A great report confirmed that in United States the
deficiency of visual was knowledgeable as calamity involves guiding, in Sweden, there is an
issue that require help management, in Britain as a dedicated concern needing facilitates and
equipment, and in Italy as the need to look for comfort or yet deliverance during the
Catholic church.
Students of history and Anthropologists indicate how unique societal orders deliver
convinced sorts of illness, debilitation, and disability (Stein 2013). It is to be noted that
disability may be created via "the inability business." In present day America,
industrialisation, the consequential enlargement of the human supervision segment, and the
afterwards politicization of "handicap rights" by the American handicapped individuals'
growth have distorted "incapacity" and "recovery" into a multimillion dollar venture.
Inability turns into an item and a fountain of earnings for expert, lawful advisors, revival
authority, and handicap campaigners.
Those illustrations look upon handicap as an ordinary matter, fascinatingly with customary
unusual conversions. However each abandons to address major supplementary mechanism.
Thusly, crippled individuals have a propensity to be handled as a theoretical, by one means or
another meticulous from whatsoever is missing of humanity, and the critical investigation of the
rationales for incapability is falsified rather than cleared up. For example, how is handicap actually
pedestal yet communally constructed by the crippling condition?
Critical Theory:
Basic supposition makes analogous improvement to rotate conjectures examined here; however it
sees handicapped individuals' concern expressly as the consequence of an unequal culture. It
attaches the answers for community activity and change. Thoughts of incapacity as social
persecution imply that preference and separation debilitate and confine individuals' lives
considerably more than weaknesses do. So, for instance, the issue with open transport isn't the
failure of a few people to walk however that transports are not intended to take wheelchairs. Such
an issue can be "cured" by burning through cash, not by careful intercession, assistive PC
innovation, or restoration.

11HEALTH AND SOCIAL CARE
Belief systems sustain pragmatic boundaries and exclusions. As long as incapacity is thought to be
an individual matter of individual catastrophe or chivalrous triumph over trouble, handicapped
individuals are barred from society. Normal instruction, business, structures, open transport, and
different things which the vast majority can underestimate remain to a great extent shut to
debilitated individuals, or possibly they introduce snags which every individual needs to handle
independently. By accentuating inadequacy and reliance, specialists have a tendency to strengthen
these ideologies.
The effect of this basic hypothesizing on human services and research has had a tendency to
be roundabout. It has raised political mindfulness, assisted with the aggregate strengthening
of impaired people, 25 and plugged incapacitated individuals' basic perspectives on social
insurance. It has scrutinized the medicinal control applied over numerous debilitated
individuals' lives, for example, rehashed and pointless visits to facilities for weaknesses that
don't change and do not sicknesses need treatment. At long last, it recommends a more
fitting societal system for giving wellbeing administrations to handicapped individuals.
Conclusion: hence, it is one of the major problems in United kingdom. It is necessary to take
some important steps in order to resolve the problem. More activities should be increased. It
is also necessary to make sure that the clients are given power to carry out the maximize
choice. Their control should be maximized over their lives. It would be possible through
involving the clients fully in the design. The service should be delivered and developed to be
sure that the provided support is a reflection of the preferences and requirements of the
users of the services. The users of supporting service will be involved in recruiting staffs,
process of quality assurance and training. It is also essential to empower the users of the
service to take pleasure in the full rendezvous with the wider neighbourhood and to involve
them flattering with identical populace.
3.2 Effectiveness of policies, procedures and managerial approach within a health or social
care setting for promoting the management of risks
The management of risk in the human services settings can be productively executed by
authoritative strategies and techniques. Hierarchical arrangements against unsafe circumstances,
for example, wellbeing related dangers, dangers from mishaps and perils and additionally danger
of physical, mental and sexual mishandle can set characterized methods that staffs can follow in

12HEALTH AND SOCIAL CARE
need to answer to the suitable approves and also results of being blameworthy of making hurt any
person inside the association.
Strengths:
1. Defined arrangements and techniques layout the compulsions of the concern purveyor of brain
powering and securing the organization patrons and in addition their cohort may be followed with
a specific end goal to maintain a strategic distance from such dangers.
2. Appropriate methods and discipline framework may strike fears in the hearts of bandits
and abusers against perpetrating any criminal action (Ginter 2018).
3. Procedures assist the workers to respond to the suitable authority in occurrences of
wrongdoings. In hazardous conditions, for illustration, mischance or fire, these
methodologies go about as a rule for activities and regularly spare live (Grol et al. 2013).
4. However, these methods are ineffectual without suitable administrative activities. Tight
administrative controls guarantee that staffs take after these techniques in like manner.
Weakness:
1. Policies, methods and administrative have different qualities with respect to hazard appraisal
and control anyway in specific circumstances these systems and arrangements turn into the very
explanation behind preventing hazard control.
2. Sometimes set measures and methodology take excessively time in eminent circumstances
and bring about imperilling the life of administration clients (waring, Allen and Braithwaite
2016).
3. In diverse state of affairs those methodology can frustrate the elementary process of featuring a
illegal behaviour. For exemplar, reliable technique can direct a representative to account a
unlawful activity to the hierarchical expert while if there must be a happening of a sexual hustle
one possibly will just get in touch with the police, which likewise diminish the probability of
overlooking serious issues.

13HEALTH AND SOCIAL CARE
Task 3:

14HEALTH AND SOCIAL CARE
4.1 Current legislation, codes of practice and
policy that apply to the handling of medication
Enactments, codes of training and strategy
guarantee that medicines regulated to patients and
administration clients are healing facilities and
other care offices are done in a suitable way. These
are important on the grounds that there had been
frequencies where parental figures were careless in
regards to managing suitable medicines and transfer
of meds if there should arise an occurrence of
irresistible sicknesses. Following enactments, codes
or practices and arrangements guarantee that these
are done suitably.
Care Quality Act: This demonstration guarantee
that quality in watching over powerless populace
particularly matured individuals without the limit of
versatility and individual cleanliness are kept up.
Care quality act diagrams methodology for
attendants and other parental figures with respect to
results of unseemly method for taking care of
pharmaceuticals and also directing incorrectly
prescriptions (Taylor et al. 2013). Hence it
guarantees least mistakes happen and purposeful
blunders are maintained a strategic distance from.
Nursing and Midwifery Council
publications: such distributions and
course manual provides guiding principle
how to justifiably control prescriptions.
For example these productions layout
pharmaceutical ought to be regulated
intravenously and which orally, how to
oversee prescriptions in an appropriate
way to the patients. Additionally, such
manuals layout how to legitimately watch
over matured and impaired patients, how
to appropriately discard utilized syringes
and how to maintain a strategic distance
from spread to diseases. Then again,
productions give learning with respect to
fitting hand cleanliness.
Solution Act 1968: this demonstration
controls the organization of
pharmaceuticals for in cooperation human
and veterinary reasons. It traces the
distinctive categorization of medicine, for
exemplar, these must be paid for, sold and
controlled as coordinated by doctor's
remedy and what may be specified
without a remedy. Those may be put up
for sale directed and acquired with a
solution falls under the group of broad
dilapidated meds. In this way this
demonstration guarantees that any
medication that falls under the class of
POM if directed without a medicine can
be ensnared as wrongdoing.
Abuse of Drugs Act 1971: these
demonstration assurances that any
medication falling under the classification
of unsafe medication may not be
synchronized except harmonized by an
endorsed doctor (Young 2014). In this
way if such medications are mistreated or
imperfectly regulated should be
legitimately embroiled for regulation.

15HEALTH AND SOCIAL CARE
Suitable techniques and regulation
framework can formulate a tradition for
which parental figures and attendants are
additional alarm while managing solutions.
For example, Misuse of Drugs Act 1971
guarantees that any medication falling
under the classification of perilous
medication cannot be managed unless
coordinated by an authorized doctor
(Monaghan 2013). In this way if such
medications are abused or wrongly
controlled must be lawfully ensnared for
discipline.
Strategies assist the workers with reporting
to the proper expert in instances of
wrongdoings. In hazardous circumstances,
for example, wrong organization of
possibly perilous medications, for example,
adrenaline can be kept away from.
4.2 Effectiveness of policies and
procedures within a health and social care
setting for administering medication
Process and policies are powerful when
organization of drug is concerned. Following
advantages judge the adequacy of these
techniques.
Characterized strategies and systems plot the
obligations of the care supplier of minding
and ensuring the administration clients and
additionally their associates which can be
followed with a specific end goal to evade
such dangers (Morgan et al. 2013). It helps in
maintaining a strategic distance from botches
in prescription organization. Arrangements
illustrating record keeping of all managed
medicines guarantees that any drug that has
been controlled dishonourably can be
identified promptly and counter measures
can be taken.

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Conclusion
Therefore, from the above analysis, it can be said that the HSC workers have immense
contribution to protect the basic rights. They can change in both aspects. They should well
aware about their role and responsibility. Thus, the report is informative to the learner. The
given case study helps them to make out the related theories with authentic practice.

17HEALTH AND SOCIAL CARE
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