Health and Social Care: Maximizing Patient Rights Report

This report delves into the multifaceted aspects of health and social care, examining the influence of current legislation and sector skills standards on organizational policies and practices aimed at promoting and maximizing the rights of users. It analyzes factors affecting the achievement of these rights, including age and staffing, and explores the crucial role of communication between care workers and individuals. The report further investigates factors contributing to the loss of independence, non-participation, and social exclusion for vulnerable people, as well as how organizational systems and processes can promote participation and independence. It addresses tensions arising when balancing individual rights against care provider duties, using case studies to identify risks and evaluate the effectiveness of policies and procedures, particularly in medication administration. The report covers relevant legislation, codes of practice, and policies, offering insights into the management of risks within health and social care settings.

Health and Social care

Table of Contents
INTRODUCTION ..........................................................................................................................1
Task 1...............................................................................................................................................1
1.1 How current legislation and sector skills standards influence organisational policies and
practices for promoting and maximising the rights of users of health and social care services. 1
1.2 Analysis of factors that may affect the achievement of promoting and maximising the
rights of users of health and social care services........................................................................2
1.3 Analysis of how communication between care workers and individuals contribute to
promoting and maximising the rights of users of health and social care services......................3
Task 2...............................................................................................................................................4
2.1Explain factors that may contribute to loss of independence, non-participation and social
exclusion for vulnerable people..................................................................................................4
2.2 Analysis of how organisational systems and processes are managed to promote
participation and independence of users of health and social care services...............................5
2.3Analysis of tensions that arise when balancing the rights of the individual to independence
and choice against the care provider’s duty to protect................................................................6
Task 3...............................................................................................................................................7
3.1 Use a case study from a health or social care setting to identify the extent to which
individuals are at risk of Harm....................................................................................................7
3.2 Analyse the effectiveness of policies, procedures and managerial approach within a health
or social care setting for promoting the management of risks....................................................8
Task 4...............................................................................................................................................8
4.1 Current legislation, codes of practice and policy for handling medication...........................8
4.2 Effectiveness of policies and procedures for administering medication.............................10
CONCLUSION..............................................................................................................................11
References......................................................................................................................................13

INTRODUCTION
In health and social care department various procedures, acts and policies are described
that helps the department to check well-being of the patients and the citizens of country. As
health and social care sector is considered to be widespread area which includes providing
various services to the society. Government of a country plays an important role to make and
implement the laws that are related to the health and social care department. This report is based
on design and review of services in the health and social care services. Also how to promote
participation and independence of patients would be done. Responsibility of managing and
monitoring risks would be done so as to make health care department supportive and at last good
practice in the administration would be done. This report contains the case study of Solomon and
Jamila and in the second part of report Winterbourne case is discussed.
Task 1
1.1 How current legislation and sector skills standards influence organisational policies and
practices for promoting and maximising the rights of users of health and social care
services.
There are various rules and regulations that are framed by the government of country for
betterment of health and social care sector. There are different rules and regulations that are set
by government through which the rules and regulations of health care organisation are framed.
They have to make policies which helps them to promote health and social care(Naslund and et.
Al, 2016.). Every health and social care department should follow legislative policies and rules
which will help them in providing best healthcare service to patients. Legislation is a law which
is introduced by the government of the country so as to regulate and provide protection to the
citizens and public. Government has made laws that are related to the needs of special car.
Hence for tackling this government has made certain rules which would help Solomon and
Jamila to solve the problems that are arising between them. These rules includes:
 The Human right act: This act is framed by government to help citizens of country to live
freedom full life. This right has helped in enhancing the standards of patients and the
users of health and care organisation. The human rights act provides power to patients in
health care department to avail best health care service and ensure the effectiveness of
treatment that has been provided in hospitals. As in the case of Solomon and Jamila they
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are impacted by this legislation as both of them has the right to live their life as they want
and no one can impact the life of each other. In this case Solomon can use this right as in
favour of him.
 Equality Act: This is the act that provides right to citizens of country where all of them
are considered as equal while taking any health care service (Mason and et. al.,, 2015). In
case of Solomon and Jamila they are considered as equal and should not be
discriminated. They should get equal treatment while concerning with there social worker
Emily.
 Valuing people: The legislation that has been introduced by government through which
valuing people is mainly based on principle that people suffers with learning disabilities
should be valued and should be treated first. As both of them are suffering from poor
health and are in there eighty's so they should be valued and treated on priority. This
would also influence the policies that are prepared by NHS by bringing in the changes
and in the strategies and the manner of treating the patients (Clouder and et. Al., 2016).
Also this would also help in maximising the rights of the patients and would make them
authorised so as to ask for remedy if any violation of legislation is done by them.
 Influence of employees: Organisation should define certain standards that enables the
employees to practice the way of working in an organisation. This would help Solomon
and Jamila to resolve their issue independently as different employees can influence the
rights of persons positively.
 Sectoral skills and standards: For helping the patients in health and social care it is
important to define and build a sectoral skills. These skills includes defining the
responsibility of the users as well as the accountability standards. They should also check
that services to vulnerable elderly people would be done accordingly.
1.2 Analysis of factors that may affect the achievement of promoting and maximising the rights
of users of health and social care services.
In health and social care services there are various factors that could be used to promote
and maximise the rights of patients. These factors will help in meeting the expectations of the
Solomon and Jamila for having better service in family group conference. There are various
factors which includes the following:
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 Age factor: This factor is considered as one of the main factor that affects promotion and
maximisation of users of health and social care. As it is seen that Solomon and Jamila are
in their old age so they might not understand the importance of rights of individuals. At
this age the mind also gets disturb which affects the understanding capacity of person. So
both of them would not be able to learn from counselling session as they are not ready to
understand what the family counselling group is making them understand.
 Staffing: Safe staffing means having enough nursing staff with the right skills and
knowledge, in the right place, at the right time. Without safe staffing levels in place,
nursing staff are struggling to provide patients with the safe and effective care they would
like to, and which patients deserve. The elderly people should get treatment at their home
so that they don't have to go to hospitals. So it is the right of elder people to get the staff
at their home which would provide them treatment as and when required(Livingston and
et. al.,, 2017).
 Ability to learn: This is the factor which affects the learning capacity in elderly people.
As the age of the elderly people increases their mental ability to adopt to the new
situation decreases. As the hospital staff uses different approach so that elderly people are
able to take independent decisions. But due to weak ability of learning of promoting and
maximising the rights of users of health and social care services gets affected. This factor
affects the rights of users of health and social care as the employees in the department are
not able to help and make the users resolve the problems that they have faced.
1.3 Analysis of how communication between care workers and individuals contribute to
promoting and maximising the rights of users of health and social care services.
Communication is a ability where a person is able to convey his message to the patients
and help them to resolve their query in best manner. If the communication is satisfactory and is
positive then patients would get full satisfaction. Communication is a way through which
exchange of thoughts and information is done so that patients which are suffering from mental
problems could be treated better. As they are in there old age so their social worker Emily should
plan a way which would help them in achieving the objective of promoting health care practices
between them and should also empower them to protect their rights (Boulware and et. al., 2016).
There are different form in which communication can take place, these forms of communication
includes formal, verbal informal and written communication. This can be carried out in different
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ways so that patients can be treated in better manner. Emily should check and communicate with
them in verbal manner so that they are resolve their dispute in proper manner. As the patients are
in their older age so verbal communication would help them to solve their problems but the
communication should be done in slow manner so that they are able to understand what speaker
is likely to make them understand. They should involve patients so that they are able to achieve
the success of treating them. They should also use simple sentences so as to comprehend and
they should use a flow chart that is visual to them. Care provider and social workers should avoid
using closed and threatening body language which impacts them negatively.
While communicating with the elderly people the methods that can help in resolving the issue
includes:
 Recording the information: while helping the old age people to get treated in a better
manner the employees of the organisation should record the information that has been
gathered by them so that they are able to use it in future treatment.
 Feedbacks: This is the the main factor which would help in making an effective treatment
of people. As while treating people the employees should get feedback from patients
which would further help them to improve the way of treatment and would also help
them to achieve better practices in treating people.
As it is seen that communication contributes a lots in promoting and maximising the
rights of users of health and social care (Liabo and et. al., 2017). It should be used properly and
in better manner. Users should have clear and proper information which is transferred in an
effective manner which helps in promoting the rights of the patients so as to make decisions in
proper manner. Care givers should spend quality time with the patients so that they are able to
fell them comfortable. The care givers and the social workers should also send patients to
counselling and support session so that they are able to make consensus between them and
analyse the problems and resolve them. The health care professional should coordinate the skills
and the must communicate with the patients so that they are able evaluate the reasons of their
health problems and make them achieve the objective of properly treating them.
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Task 2
2.1Explain factors that may contribute to loss of independence, non-participation and social
exclusion for vulnerable people
All citizens of country has a right to be independent and also have right to participate in
social actions so that they are able to carry out the work without relying on any other person or
individuals. Some of the factors that contributes to loss of independence and non participation
and social exclusion includes physical condition of Solomon and Jamila, mental condition of
both of them and earning power which hindrances the loss of independence among them. These
are described as below:
 Physical or mental conditions: Physical disabilities of a person is the main hindrance that
causes loss of independence and non participation in the social exclusion as due to
physical hindrance earning capacity of people decreases which create a medium of
dependency on elderly people. As it is seen that both Solomon and Jamila are in their old
age so it is not possible for them to physically do the work which makes them non
participative and dependent on others. Also the mental ability of the patients is a factor
because of which independence of patients are affected. This also makes them dependent
on each other and the couple should understand the requirement of the situation of
depending on each other.
 Emotional factor: The loss of independence among the patients and the old age people
creates a fear to loose something (Hutchinson and Jackson, 2015). This factor also
contribute to the loss of independence as they are emotional attached to each other they
due to which each one of them needs help while engaged in any task.
 Dependence: Responsibility of patients and people affects the independence and social
exclusion of people in negative way. As due to dependency patients have to depend on
the person who does their job. As in the case of Solomon and Jamila they are dependent
on their daughter who frequently come to them so as to take care of them due to which
her independence is shattered.
 Participation in decision making: This is the factor that involves the user of health and
social care to participate in the decision making process so that they are motivated to take
decisions on a particular situation. The idea behind this is to help the Solomon and Jamila
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to get motivated to take decision on their own. This way they are able to achieve the
objective of being independence.
There are various constraints to the equality act 2010 which hampers the rights of
Solomon and Jamila these constraints includes various areas such as, the legislation alone cannot
reduce the discrimination and the promote the independence in people of country. Elderly people
are not given more rights so that they can protect their independence. Also elderly people who
are in old age are not aware about their rights and duties which makes them dependent on others.
As it is seen in the case of Solomon and Jamila that they does not know the about their rights due
to which their independence is affected.
2.2 Analysis of how organisational systems and processes are managed to promote participation
and independence of users of health and social care services
An Organisation should promote and plan different ways through which they can
promote participation and independence of the users of Family counselling groups. They should
develop a plan so that the elderly people are able to achieve the objective of being independent.
It is a critical aspect that helps them to promote and influence the independence and social
participation. The management should take various initiatives so that they are able to promote
the participation and independence of users of health and social care which includes the
following:
 Care plans for elderly individuals: As the organisation has the plan to promote the
independence and participation of patients in the social environment they have made
different plans. As every individuals in the country has different perception and
behaviours which should be studied in a manner so as to achieve the objective of treating
them in best and effective way. These plans should include taking the dependent people
to the social welfare organisational departments which would help them to increase
confidence among them. This way they would be able to facilitate the health and social
care in organisation so as to meet the desired levels of quality and services. These plans
would guide the elderly people to taker precautions by themselves and become
independent specifically.
 Ensuring performance of individuals: This includes that employees in the organisation
should ensure the performance of the individuals so that they are able to become
independent and are able to achieve the objective of being self reliant. The care givers
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should ensure that individuals are able to communicate with other people and the
performance of individuals are increased through providing seminars and training.
2.3Analysis of tensions that arise when balancing the rights of the individual to independence
and choice against the care provider’s duty to protect
In the old age people there are various tensions that arise due to which rights of
individuals to independence and choice impacts (Hall, Miller and Millar, 2016). As old age
people generally have the tendency to form a mental problems due to which they are not able to
think and communicate properly. There are various problems that arise when balancing the rights
of Solomon and Jamila these problems includes being autonomous adult which can be analysed
as below:
 Safety versus independence: The safety of the individuals is must as this has to promoted
over independence. This process includes the promoting and balancing the rights of
individuals so that they are able to safeguard their individual rights. These includes being
autonomous or implicit in safeguarding the rights of elderly people. It is the duty of
individuals that makes them to analyse the safety measures so that they are able to reduce
the tension that arise between them. If Solomon and Jamila are pressurise the care
workers then care workers must choose safety of both of them over being independence.
 Safety versus rights and responsibility: This is the main problem that has been analysed
and is concerning in the case of safety rights an responsibility of elderly people. This has
been causing tension among them. As Solomon and Jamila are not helping police to
contribute to the investigation due to which they can solve their problems. It has make
them responsible for their own safety and rights. As they both have right to do the things
they want but they are suffering from poor health which could be aided with the help of
each other. As it is analysed that both of them are hurting each other so the health care
providers should select safety first over responsibility.
There are certain principles that has been analysed in the mental capacity act 2005 which
includes the following:
 A person must be assumed to have capacity unless it is eastablished to have been
otherwise.
 A person is not to be treated as unable to make a decision, unless all practicable steps to
help him do so have been taken without success.
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 A person is not to be treated as unable to make a decision merely because an unwise
decision is made.
 Before the act is done, or the decision is made, care must be taken to avoid restricting the
person’s rights and freedom of action.
Task 3
3.1 Use a case study from a health or social care setting to identify the extent to which
individuals are at risk of Harm.
Form the above case study it is analysed that the employees in the Winterborurne were
not trained to treat patients properly. The managers were not able to manage the wrong practices
of employees. It has been analysed that whenever employees in an organisation are not managed
properly, it leads to form risk of individuals life at risk. This risk includes the following:
 Abuse: This is the main problem that arise among the people of who come for treatment
at the hospitals. The employees of the healthcare service providers should not use
unethical ways to abuse the patients (Glasby, 2017). As in the case of Winterbourne they
have abused patients in both physical way as well as in financial manner. These type of
abuse should be avoided.
 Failure to protect: As sometimes their arise a risk of protecting individuals from critical
situations that arise in hospitals while patients are undergoing treatment. Hospitals should
have a sufficient and well trained staff that would help them in protecting the life of
patients. As it is identified in Winterbourne hospitals they are not able to protect the life
of people due to lack of training so it is considered that this is the main factor due to
which individuals are at risk of harm.
There are number of people who contributed to it which includes the employees and the
managers of the organisation. Due to which patients got affected. This was the main concern as it
was contributed by the managers of the hospitals. Due to this six care workers were given prison
terms due to their cruel, callous and degrading abuse of the disables patients. It was seen that the
staff repeatedly assaulted the patients by using different techniques. They used to pull patients
hairs and used to put forced medicines in their mouth. Also it was seen that one patient was
repeatedly poked in his eyes. It was also founded that the national regulators were at faults as
they did a nationwide check on the facilities which was owned by the same company. But they
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didn't took a considerable step so that these practices could have stoped. The harm manifested
from the hours of investigation that was founded in the BBC's graphic footage during five week
from February to march.
3.2 Analyse the effectiveness of policies, procedures and managerial approach within a health or
social care setting for promoting the management of risks.
The health care organisation should have an effective policies and rule and guidelines
that helps them to promote health and social care and managing the risk between them. These
policies and procedures includes the following:
 Building authorised employees: The management should build authorised employee that
would take care of patients who need assistant the time of critical situation arises. These
employees would help in promoting the health and social care among the patients and
would also make them reducing the risk of life.
 Relevant legislation should be implemented: Organisation should check and implement
the relevant legislation which helps them to promote and protect the rights and duties of
patients. Also this would make the employees be up to date about the doe's and dont's
which they should follow while promoting health and social care.
 Whistle blowing policies: The organisation should include the whistle lowing policies.
These policies are considered as one of the main aspect which helps the loyal employee
of the organisation to tell the wrong happenings in the organisation to the government so
that a further action can be taken into consideration. This policy helps the loyal employee
to hide the identity while speaking about the situation of the organisation.
Also it was seen that Winterbourne organisation was not effective at all in implementing
the policy so as to make the organisation better they were not able to manage the employees
effectively because of which they have to shut down the organisation. As it was seen that the
managers of the company had complained about the wrong practice of their staff to CQC but no
decision was taken by them regarding their practices.
The organisation should have used the effective policy of implementing relevant
legislation, assessing and recording the risk and also the complaints procedures which are
engaged in these styles. They should have implemented whistle blowing policy in the
organisational structure which helped the patients to get better service then before.
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Task 4
4.1 Current legislation, codes of practice and policy for handling medication
The medication activities and procedures are required to be carried out effectively by
following legal rules as well as policies in NHS Hospital. It consist various codes of practices
which should be focussed by medical professionals so that they can make accurate decision to
provide appropriate treatment for patient according to their actual health problem. However, it is
necessary for professionals in my own setting i.e. NHS hospital to obey codes of practices,
policies and legislations accurately as it impact positively on their procedures as well as patient
outcomes respectively.
Current legislations
Care Standards Act 2000 – This refers to follow set standards of care while providing
treatment to sick individual in order to reduce risk factors along with improving outcomes (Garg,
and et. al., 2015). However, the Care Standard Act set up commission for social care inspection
which establish new system of national standards that should be followed by every residential,
nursing homes and domiciliary facilities including NHS Hospital. For example, an emergency
case of patient requires immediate actions then it is beneficial to follow Care Standards Act to
provide accurate results but it is not possible to give medication step-by-step due complicated
situation as individual may lost life.
Health & Medicines Act 1988 – This consist rules about medicines for practitioners
while they provide medication to different patient as per their actual health problem. It is
necessary for medical professionals in NHS hospital to remain update regarding overall changes
in medicines in respect of prescribing medication to people appropriately for their welfare. For
example, a specific medication change its one of the salt which is more effective than previous
one and that is beneficial for patients. However, a patient has allergy with new salt of that
medicine that it will become deficit there as previous salt is favourable for them.
Health & Social Care Act 2012 – This include to improve medications by reducing their
cost so that people can easily afford treatment to become disease free. It is essential for every
healthcare organisation like NHS hospital to obey this laws in proper manner.
Codes of practices
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 The records management codes of practice of mandatory to maintain the information
about patient medical history along with other administrating activities for future
purposes. Codes of practice on confidential information which states that data in hospital is
required to be remained secure and private.
 Information security management refers to only share specific data to desired person like
associated medical professional in care of patient only.
Policies
Ordering and maintaining – The ordering medications and maintaining them is very
essential because improper storage of medicines may comes on contact with air and become
some toxic compound (Dunér and Wolmesjö, 2015). It include the policy of taking limited
amount of medical substance for using at the same time and handle it properly in order to gain
desired results in outcomes of patient in NHS hospital. For example, practitioners order
medication material in bulk which is beneficial to deal with number of patients but it will
become threat when wrong maintenance of medicines results into spoiled state.
Administration & storage – The administration of medication is important because a
single mistake in medication may create severe complications or leads to death of an individual.
Moreover, storage is very important of medicines as few of compounds are highly reactive so
that it is mandatory to maintain their desired state in NHS hospital. For example, administration
and storage is favourable to maintain desired state of medicine but it will become threat of
increasing cost of storage.
4.2 Effectiveness of policies and procedures for administering medication
There are various types of legislations, policies, national standards and codes of practices
which provide help to medical professional for conducting every treatment process in correct
manner. It include several laws including Care Standards Act 2000, Health & Medicines Act
1988 and Health & Social Care Act 2012 which are beneficial to avoid mistakes in medication
and facilitate to conduct appropriate treatment procedures respectively. It include policies
including administrating, storing and maintaining medicines along with take care of
confidentiality regarding information which should be followed by each professional in NHS
Hospital.
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Care plan – The healthcare organisations is required to implement an effective policy of
making care plan for every patient in order to render accurate treatment to make them disease
free (Drummond and et. al., 2015). It involve to analyse actual problem of sick individual by
evaluating symptom and carrying out required diagnosing activities to make correct decision
about medication. In context of NHS hospital they make care plan but not discuss with team
properly which effects badly on outcomes so that they are required to conducting meetings and
make appropriate planing for welfare of patient. It is necessary to provide medication by
following Care Standards Act 2000 to make appropriate care plan to make an individual healthy.
Total quality management – The Total quality management is process which is helpful
to increase overall activities and that facilitate to boost up level of services. It include to focus
on every procedure or activity and improve them which is helpful to reduce threats in overall
process and results into better outcomes. In context of NHS Hospital, they can boost up quality
of different activities such as diagnosis, medication, behaviour of staff, atmosphere of
organisation and surgical activity which facilitate to gain better patient outcomes. It consist to
obey Health & Medicines Act 1988 which facilitate to provide accurate medication to patient for
their well-being.
Feedbacks of clients – This can be described as to gain views of patients and their family
members to evaluate actual problem faced by them and apply fresh techniques to solve them
along with providing better experience to people in hospital (Dickinson and O'Flynn, 2016).
However, the policy of taking feedbacks will provide support to NHS hospital to easily analyse
issue and make effective methods or techniques to solve them in respect of increasing outcomes
of medical facilities. It include to follow Health & Social Care Act 2012 to involve customers for
analysing problem regarding medications to solve them properly.
Control processes – There are various types of activities that are carrying out in
healthcare organisation such as blood test, ECG, CT- Scan, surgery, medications and so on. It is
necessary to conduct inspection of these procedures in order to monitor them to make sure their
accuracy as it is related with life of an individual (Connolly and et. Al., 2015). In case of NHS
Hospital, they can apply a program to evaluate the activities conducted by professionals and
direct them in correct way to gain better outcomes in terms of making patient disease free. It
include to obey codes of practices managing records of information related to medications by
maintaining confidentiality to avoid chance of drug errors.
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CONCLUSION
From the above report, it is concluded that health & social care consist different
activities, procedure, medications and policies which are carried out for welfare of people. It
include several legislations like Human Right Act, Equality Act and Care act while providing
treatment properly. However, physical & mental condition, emotions and dependence of an
individual contribute to loss of participation and social exclusion for vulnerable people.
Moreover, it involve system & policies to promote participation of individual like care plans and
ensuring performance of individuals which helps to improve their health condition. Additionally,
there are certain procedures or policies which helps to manage medications including care plan,
risk management, total quality management, feedbacks of clients and control processes.
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