Analysis of Law, Policy and Ethics in Health and Social Care Practices

This report delves into the critical intersection of law, policy, and ethical practices within the context of health and social care, using the Winterbourne View as a case study. It begins by outlining the roles of legislature, judiciary, and executive branches in shaping the health and social care landscape. The report summarizes key features of relevant legislations, codes of practice, statutory guidance, and national and organizational policies. It further explores the relationship between national policies and key legislation, comparing national and organizational policies with national professional standards. The influence of national and international human rights on health and care services is examined, along with the implementation of various related legislations. The report analyzes the importance of informing the rights and responsibilities of social and health care and concludes with a discussion on the interrelation of law, policy, and ethics, highlighting their impact on health and social care outcomes. The report underscores the importance of adhering to legal and ethical frameworks to ensure quality care and patient well-being.

LAW, POLICY AND
ETHICAL PRACTICES IN
HEALTH AND SOCIAL
CARE

Table of Contents
INTRODUCTION...........................................................................................................................4
MAIN BODY...................................................................................................................................4
P 1 Legislature, judiciary and executive set for the health and social care practitioners............4
P 2 Summarizing key features of all the legislations, code of practices, statutory guidance and
national and organizational policy..............................................................................................5
M 1 Ethics inform health and care support services with help of example................................5
P 3 Relation between national policy and key legislation in direct connection with the health
and social care practices..............................................................................................................6
P 4 Comparison of national and organizational policy with that of national professional
standards......................................................................................................................................6
M 2 Reflecting on ways in which the support services meet its national professional standards
.....................................................................................................................................................7
P 5 Influence of national and international human rights and equal and fair treatment of others
in the health, care and support services.......................................................................................7
P 6 Implementation of different legislations and policies relating to safe and healthy conduct
in own practices...........................................................................................................................8
M 3 Analysing the recent health and social care legislations regarding importance of
informing the rights and responsibilities of social and health care.............................................8
P 7 Relation between law, policy and ethical requirement.........................................................9
P 8 Impact of relevant laws and policies in the health and social care.....................................10
M 4 Explanation that how the laws and policies and ethic chosen affect the outcome............10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................12

INTRODUCTION
Laws, policies and ethical practices are very necessary for any organization to follow.
This is majorly because of the reason that if the laws and ethical principles and practices are not
followed then the company will not be liked by the consumers (Banks, 2016). In relation with the
Health and Social Care home it is of utmost priority that the laws and ethics are adhered to by the
care home. The present report is based on the Winterbourne View which is a private hospital
situated in South Gloucestershire in England and is operated and owned by Castlebeck Ltd.
The present report will start by outlining the different legislatures and judiciary set made
for health and social care practitioners. Further some key features of different legislation, code of
conduct and other will be discussed. In the next a discussion on relation between legislation and
national policy will be made along with a comparison between national professional standards
and the national and organizational policy. Further the influence of national and international
human rights on the care home will be discussed along with implementation of the different
related legislations and policies. In the end, the report will discuss the relation between law,
policy and ethics and the impact in the Winterbourne view.
MAIN BODY
P 1 Legislature, judiciary and executive set for the health and social care practitioners
For maintaining the discipline and system at the health and social care it is very necessary
for the care home to maintain and work in accordance with the laws and all the executive and
judiciary set and practices set by the government and to follow them. These three are the three
different branches of the government. The legislature is branch which deals with the founding of
the different programs for the different segments of the society. This is because of the reason that
it is the duty of the government to make the programs and how they will work is also decided by
them. This work is performed by the legislature branch of the government.
Judiciary is another branch of the government which deals with the role of interpreting
the different laws which are related with the Winterbourne view hospital. This is because of the
reason that the laws are difficult to be understood and therefore, the judiciary helps the health
care home in understanding the laws better so that they are appropriately adhered by the care
home (Nelson and Staggers, 2016).
The last branch of the government that is the executives is the body which ensures that
the all the laws explained by the judiciary are maintained and complied by the care home. The

role of executive is to closely monitor both the employees and the patients that they are
following all the rules and regulations in its appropriate form.
P 2 Summarizing key features of all the legislations, code of practices, statutory guidance and
national and organizational policy
For the professional in the health care parlance need to work in very organized manner
and by following with all the legislation and the other policies so that the quality of the services
of the home care is superior then the patients will like to come to the place (Sankar and Parker,
2017).
Legislations- the main legislations to be followed by the Winterbourne view hospital is
the Health and Social care act ,2012, Equality act 2010, and many other different legislations.
The main features of these legislation are that these legislations provide a legal framework for
the care home to follow and work in accordance with the laws provided.
Code of practices- these are defined as the written rules and regulation which provides
the information relating to the way in which a particular person has to perform the work. In
health and social care, it is very necessary for the management of the health care to provide for
different type of rules and guidance to be followed while performing for the different roles.
Statutory guidance- these are the general responsibilities and role that needs to be
performed by the employees within the health and social care. It is very necessary for the care
home to follow the statutory guidance as this guidance involves the government into the practice
as fi anything happens after the care home followed and abided by all the statutory guidance than
the government will be responsible for any outcomes.
National and organizational policy- these are different policies which are made by the
government and which are implemented within the care home. These national policies need to be
followed by the different care home relating to health and care as these policies are helpful for
the health care home for good working. Organizational policies are the policies made by the care
home by itself for better working of the hospital and care home.
M 1 Ethics inform health and care support services with help of example
The ethics refers to as the moral principles which needs to be followed by the health and
care practitioners in order to treat their patients and other people coming to their health and care
home (Harris and White, 2018). The ethics can also be referred to as the dilemma between the
two steps or options which are available for the medical practitioner to be used. There are many

situations in the medical parlance where the medical attendant or the practitioner has to chose
between two or more tough choices.
But the concept of ethical consideration helps in choosing correct action to be taken
pertaining to the current situation. For example, the confidentiality of the information of the
patients is of utmost importance (Orthwein, 2017). If the attendant does not pay attention
towards the information of the patient to be kept confidential then the ethical principle is
violated. Therefore, it is necessary for the health and care home to follow the ethics and code of
conduct.
P 3 Relation between national policy and key legislation in direct connection with the health
and social care practices
The national policies and the legislation are closely related to one another. This is
because of the reason that both the policies and the legislations cannot work if one is not present
or the one component is not much efficient. The legislations are the main laws which are
formulated by the government by keeping in mind the requirements of the laws needed in the
health and social care homes. But on the other hand, the policies are defined as the rules and
regulation made by the health and social home care houses in order to maintain the decorum and
discipline within the hospital or care home. There is a great relationship between both the
legislations and he policies.
This is because of the reason that the policies which are made are prepared based on the
laws defined under the legislations. Therefore, if the legislations are not made properly then the
policies will also not be efficient. This is due to the fact that the policies are based on the laws
made under the legislations. Thus, is there is any fault in the legislation then the policies will not
be made in effective way. For example, the legislation is Health and Safety at work act, 1974 is a
legislation and the code of practices developed by Winterbourne in relation with the safety at
workplace are based on the guidelines provided under the legislation that is Health and Safety at
work act, 1974 (Golightley and Goemans, 2017).
P 4 Comparison of national and organizational policy with that of national professional
standards
The national and organizational policies are defined as the policies which are made by the
government and the relating organizational policies which the individual companies or the care
home make in order to maintain the quality of the work. But on the flip side, national

professional standard is the overall standard which are to be followed by all the health and social
home care. The national and organizational policies are only applicable for one organization only
which is making the policies whereas the national professional standard is applicable to all the
companies which deals in the business of health and social care (Molander, 2016).
Also, another difference among the national and organizational policy and that of the
national professional standards is that the organizational policies set opportunities pertaining to
that particular organization only. Whereas the professional standards work in respect of all the
humans connected with any of the company or organization. The organizational policies need to
be complied to get work done but to get efficiency and full success in the work then all the health
and social care need to adhere with the standards made by the professionals and followed all over
the country. The other difference is that the organizational policy measures the success only of
that particular company. But as the professional standards are applicable to every organization so
it is easy to compare all the care home and measure success.
M 2 Reflecting on ways in which the support services meet its national professional
standards
It is very necessary for all the health and care home to meet all the national professional
standards prescribed by the higher authorities. This is because of the reason that if the health and
care support service provider does not comply with the norms and the professional standards
then this will decrease the goodwill of the care home as they are not following the standards. If
the standards are not followed then no patient will go to the place forgetting treatment and care.
It is very necessary for Winterbourne to follow and meet all the national professional standards.
It is majorly due to the reason that if the standards are not followed then no patient or other
person will trust the care home.
Like for example, it is a professional standard that all the new employees with in the care
home needs to take part in the induction programs. This is because of the reason that with these
induction program the employees get in touch with the working of the care home and the laws
applicable on them (Carter, Laurie and Dixon-Woods, 2015).
P 5 Influence of national and international human rights and equal and fair treatment of
others in the health, care and support services
There are many different national and international human right act being made for the
betterment and improvement of the employees working in the health and care support services.

This is because of the reason that if the employee will not be provided with equal rights then they
will not be able to work properly. There are many different acts being made like Human Rights
act, 1998, other different act like mental health act, 2007, equality act 2010 and many other
different acts made in relation with safeguarding human rights (Mittelstadt and Floridi, eds.,
2016).
This is done because of the reason that if the employees will not be provided with the
safe environment and rights then they will not work properly. Also, for providing equal and fair
treatment to all the employee it is necessary for the health care home to maintain human rights in
proper way. The national and international human rights influence the working of health care as
the policies are made on the basis of these international and national human rights.
P 6 Implementation of different legislations and policies relating to safe and healthy conduct
in own practices
It is very necessary for the staff of the health and social care to provide for the safe and
equitable working environment for the employees and a safe and caring environment for the
patients in the care home. There are different legislations and policies which relates with the
practicing healthy and safe practices within the Winterbourne. These laws and policies are
discussed in the following points-
Health and safety act, 1974- this act is implemented by Winterbourne in order to provide
for the healthy environment and ambiance at the workplace for both the employees and the
patients. It involves providing for the health and safety measures to be performed at the
workplace, welfare and well-being of the patients and many other activities for the benefit of the
patients.
Care act 2014- this is an act which is made by the Parliament of UK which got the royal
assent on 14th May 2014. Purpose of this act is to emphasize importance on social care as it is
becoming very popular in the recent time. This act is responsible for protecting and safeguarding
the services provided to the patients from the unsafe and unethical practices of the Winterbourne
(Thomas, Lobo and Detering, eds., 2017).
M 3 Analysing the recent health and social care legislations regarding importance of
informing the rights and responsibilities of social and health care
The legislation are the laws which have been passed by the government in order to
maintain the work culture. All the recent health and social care legislations and policies have

been passed by the government and these are important for outlining the rights and
responsibilities within Winterbourne. This is because of the reason that these laws help the care
home in dividing the work in accordance with the laws made. This ensures that the work is
divided effectively and by complying with all the rules (Mendes and Snow, eds., 2016).
Therefore, this increases the goodwill of Winterbourne as it follows all the rules and
regulations. Hence, it is very important for the care home to abide by all the legislations and
rules and regulations so that the practices offered and used by the care home for treating the
patient are good and efficient. These laws provide for some standard work which needs to be
followed by Winterbourne in order to enhance its quality of the services provided to the patients.
For example, compliance with mental capacity act works in favour of those employees who have
mental impairment.
P 7 Relation between law, policy and ethical requirement
The law is defined as the system of rules and regulations which a particular country or
any community coming under the jurisdiction has to follow for correct working and behaviour.
On the flip side, the policies are the rules and regulation which the company makes in
accordance with the laws. The policies are the internal rules which the company makes to follow
in order to work effectively and efficiently. In the end the ethics refers to as the way in which the
professional practitioner has to work in health and social care service providing. It is very
necessary for Winterbourne to make the laws and policies in order to get the best work out of the
employees. It is so because of the reason that all the three are interrelated to each other.
The laws are the main guidelines which are issued by the government of UK and are
applicable on all the care home service providers all over UK. But on the other side the policies
are internal to a particular care home. This is because of the reason that these are made by a
specific care home in accordance with their objective of working. This making of policy is made
on the basis of laws. Therefore, if the laws are not appropriate then the policy will also not be
good (Fiala and Arthur, 2017).
The ethical principle on the other hand are internal to employee that is the ethics comes
from the moral values of the person. If Winterbourne provides for good policies and comply with
all the laws then automatically all the employees will work in an ethical manner.

P 8 Impact of relevant laws and policies in the health and social care
There are different laws and policies which Winterbourne was following. But in the case
of the footage it was outlined that the staff of hospital repeatedly showed the harsh and assaulting
behaviour of the staff for the vulnerable patients. But in this case Winterbourne failed in
complying with the different laws and policies and as a result of this there was a serious failure
in provision of services in meeting the needs of the CQC that is the Care Quality Commission.
The laws which were not followed or adhered by Winterbourne were as follows-
Mental Health Act, 2007- this was a law which Winterbourne didn’t followed. This
resulted in the fact that the hospital was not paying attention to the patients which were under the
problem of mental illness. The service users under the section of mental illness were not treated
up to the mark quality.
Equality act, 2010- Winterbourne also didn’t followed this act. This was evident because
of the reason that the patients were not provided with equal and fair treatment. The patients are
even admitted in the hospital when they do not require the treatment, they are also not provided
by the hospital the facility of the personal care.
M 4 Explanation that how the laws and policies and ethic chosen affect the outcome
The Winterbourne failed to provide for the provision of different laws and regulations to be
followed under different legislations. In accordance with the CQC report of the Winterbourne it
was outlined that the managers were not able to identify and deal with the different issues which
affects the health and safety of the place (Banks, 2016). The health and safety act 1974 compel
Winterbourne to carry on the risk assessment so that the unsafe practices are eradicated from the
practice.
CONCLUSION
From the above study it is concluded that the compliance with the different laws and
policies and ethical practices is very necessary for the companies and especially in context to
different health and social care homes. This is because of the reason that these health care homes
deal with the human and patients which come for treatment and thus it is necessary for them to
follow the different laws and legislations. It was outlined that there are three levels of
government that is legislation, judiciary and executive.
Next it discussed features of code of practice that is they are made by the company. Next
it discussed about the positive relation between the legislation and national policies. Further it

compared the national policy and organizational policies in contrast with professional standards.
Next it demonstrated different laws applicable like Health and safety act, 1974, Care act 2014
and other related laws. In the end the relation between laws, policies and ethics was discussed
along with the laws which were not followed by Winterbourne which are like Equality act 2010,
Mental Health act, 2007.

REFERENCES
Books and Journals
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data ran into trouble. Journal of medical ethics. 41(5). pp.404-409.
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reproductive health care. European journal of obstetrics & gynecology and reproductive
biology. 216. pp.254-258.
Golightley, M. and Goemans, R., 2017. Social work and mental health. Learning Matters.
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Mendes, P. and Snow, P. eds., 2016. Young people transitioning from out-of-home care:
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Thomas, K., Lobo, B. and Detering, K. eds., 2017. Advance care planning in end of life care.
Oxford University Press.