Comprehensive Report: Law, Policy and Ethical Practice in Healthcare

This report provides a detailed analysis of law, policy, and ethical practice within the health and social care sector. It begins by defining key terms such as ethics and law policy, then explores the relationship between national policy, key legislation, and organizational policies. The report examines the impact of equality legislation and the notion of equity in safeguarding individuals, along with the influence of national and international human rights on fair treatment. It delves into various legislations like the Health and Social Care Act, Equality Act, and Mental Capacity Act, analyzing how these inform the rights and responsibilities of healthcare professionals. The report further investigates the interplay of policy, law, and ethical requirements using real-case scenarios and assesses the outcomes of specific laws and legislations. Finally, it reviews methods healthcare practitioners employ to ensure compliance with relevant legislations and policies, offering a comprehensive overview of the subject matter.

Law Policy and Ethical
Practice

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
LO 2.................................................................................................................................................1
P 3. Determining the relationship between national policy and key legislations........................1
P 4. Comparing organizational and national policy in relation with national professional
standards. ....................................................................................................................................1
M 2. Reflecting on ways related with health care practice to meet national professional
standards......................................................................................................................................2
D 2. Analysing the impact of equality legislation and notion of equity in order to safeguard
individuals in health care. ..........................................................................................................2
LO 3.................................................................................................................................................3
P 5. Determining how national and international human rights tends to influence the fair and
equal treatment in health.............................................................................................................3
P 6. Implementing effective relevant different legislations and policy in relation to safe and
healthy conduct. .........................................................................................................................3
M 3. Analysing the health and social care legislations in informing rights and responsibilities
of health care...............................................................................................................................4
LO 4.................................................................................................................................................4
P 7. Determining the relationship between policy, law ethical requirements in compliance
with the real case scenario...........................................................................................................4
P 8. Determining the impact of relevant law and policies on the basis of real case scenario. ..5
M 4. Determining how specific laws and legislations results in different outcomes to
particular case scenario. .............................................................................................................5
D 3. Reviewing ways in accordance to which health care practitioners ensure compliance with
relevant legislations and policy. .................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Ethics is referred to as a moral philosophy which intend to focus on determining the
moral principles which is mainly concerned with determining what is good and what is bad for
the individual in the society (McLean and et.al., 2015). Law policy is referred to as a system
which is based on strategic set of rules and guidelines. This is mainly associated with
enforcement of social intuitions in order to govern specific behaviour. This study will highlight
on determining the key legislations, organizational policy which in turn are considered to be
important for health and social care. This study also tend to highlight on effectively interpreting
the laws in relation with professional and ethical practice. Furthermore, this study helps in
demonstrating ethical and regulatory requirements in a particular health and social care setting.
LO 2
P 3. Determining the relationship between national policy and key legislations.
Health and safety within the organization is considered to be one of the major
responsibility which helps in avoiding risk assessment. This helps in identifying hazards and
potential harm to the individual whilst working (Banks, 2016). Equality and human rights
commission is mainly linked with protecting and promoting the human rights by eliminating
discrimination and reducing inequality. National policy is referred to as the broad set of actions
which is mainly adopted by government at national level in relation with pursuit of national
objectives. These national policy helps in ensuring the health of the population in a country.
Legislations in health and social care is mainly linked up with determining the behaviour which
is acceptable or not by the society. Laws tend to focus on covering all aspects of life which is
linked with the protecting the health of an individual.
P 4. Comparing organizational and national policy in relation with national professional
standards.
Organizational policy is located on the public domain website which in turn is considered
to be relevant for health care and support service provider. The organizational policy is mainly
associated with equality, lone working, health and safety, disciplinary and grievance, etc.
Principle of organizational policy is mainly linked up with subordination to national policy law,
principles of natural justice, subject to judicial supervision, etc. National health policy, 2017
tends to seek at reaching integrated comprehensive care to the individual in order to de liver care
quality services at an affordable cost (Nelson and Staggers, 2016). This policy helps in attaining
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universal health coverage in order to deliver high quality care services. The national professional
standards in health and social care is mainly linked with underpinning of five principles which
mainly consists of compassion, dignity, respect, responsive care, support and well- being.
National professional standards in health and social care tends to describe the effective
competent level of care at each and every process in relation to the nursing care. National
professional standards is considered to be necessary because it helps in maintaining clinically
safe and competent nursing practice (Martinez and et.al., 2015). These professional standards are
considered to be very useful in promoting and guiding a particular clinical practice.
M 2. Reflecting on ways related with health care practice to meet national professional standards.
Complying with various national and organizational policy is considered to be as an
effective way to meet national professional standards. In order to improve quality of care within
the organization the health care practitioners must focus on identifying the gaps and various
other areas of improvements (Sankar and Parker, 2017). It is also useful in measuring quality of
care and demonstrating quality of care. This helps in measuring the quality of care services and
also focuses n commissioning high quality care services which leads to higher sustainable
growth and productivity.
D 2. Analysing the impact of equality legislation and notion of equity in order to safeguard
individuals in health care.
Equality legislation is considered to be important for the business because it helps in
protecting patients who are receiving care and also focuses on protecting individuals to be treated
unfairly. Any individual who has been treated unfairly helps in protecting individuals with the
helps equality legislation. Notion of equity tend to state that, horizontal equity is considered to be
an effective way which in turn states that, individuals who tend to have similar ability to pay tax
must pay similar amount. On the contrary, Vertical equity states, individuals who tend to have
greater ability to pay tax must pay more (Harris and White, 2018). This is considered to be an
effective practice to safeguard individuals in care support services.
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LO 3
P 5. Determining how national and international human rights tends to influence the fair and
equal treatment in health.
National human rights associated with the individual mainly comprises of effectively
providing opinion in relation with the protection of human rights. This law is considered useful
in payment of compensation for the particular damages. National human right in UK is mainly
linked with treating each individuals equally, fairly, social security, workers right, freedom of
thought, right to democracy, freedom of expression, dignity and with mutual respect.
International human rights is considered to be an effective treatment which in turn helps in
protecting people from racial discrimination, torture, social and cultural rights, etc. These
national and international human right law helps in influencing the fair and equal treatment in
health and social care (Fernando Chang-Muy and Congress, 2015). This help in protecting
individual who are refraining from interfering and also curtailing the enjoyment. It also helps in
protecting individuals against human right abuse. Government tends to focus on protecting
individual. When the domestic legal proceeding fails to address various human right abuse, then
the individual complaint is proceeded to international human right treaties in order to ensure that
international human right standards are implemented, respected and enforced at a local, regional
or national level.
P 6. Implementing effective relevant different legislations and policy in relation to safe and
healthy conduct.
Health and social care Act, 2012 : This act tends to focus on determining the legal duties
in relation with health and social support services.
Social Value Act, 2012 : This act tends to include health sector bodies and local
authorities. This helps in considering social, economic and environmental well- being of an
individual.
Equality Act, 2010: this act is useful in encouraging identification and elimination of
victimisation, Sexual harassment and discrimination. This is useful in facilitating and promoting
progressive realisation of equality.
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Mental capacity Act, 2005: This is a parliamentary act in UK, whose primary purpose is
to effectively provide a legal framework in order to take decision and act on behalf of the
individual who lack the capacity to take decision (Wallerstein and et.al., 2017).
Human rights Act, 1998: This law is useful in complying with various human right act
and treat every individual with equality, respect, dignity and fairness (The Human Rights Act,
2019). This law also strives for ensuring individual safety in relation with health and social care
support.
UN Conventions on the right of persons with disabilities, 2008: This convention is
considered to be useful in protecting the right and dignity of the individual with certain
disabilities.
UN Convention on the right of child, 1998: This law is considered to be useful in setting
legal, cultural, social, political, civil and economic rights to every child, regardless of the fact
associated with religion, race, caste, creed, ability, status, etc.
UN Conventions on Elimination of all forms of discrimination against Women, 2001:
This law is considered useful in protecting women from all sort of discrimination by effectively
adapting to several treaties and claiming rights to women.
M 3. Analysing the health and social care legislations in informing rights and responsibilities of
health care.
Wheeler and Bertram, (2019) said that, Health care legislation like Health and social care
act, 2012 helps in effectively introducing the legal duties associated with the health inequalities
within local and national levels in UK. Sandu and Frunza, (2018) evaluated that, Equality Act,
2010 is useful in facilitating and promoting progressive realisation of equality. There are several
conventions and policies which in turn tends to focus on effectively carrying out several business
operations. These health care legislations helps in informing rights and responsibilities related
with health and social care.
LO 4
P 7. Determining the relationship between policy, law ethical requirements in compliance with
the real case scenario.
Law policy is referred to as a system which is based on strategic set of rules and
guidelines. Ethics is referred to as a moral philosophy which intend to focus on determining the
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moral principles which is mainly concerned with determining what is good and what is bad for
the individual in the society. Policy is considered to be an effective process which in turn helps
in reinforcing and clarifying the standards in order to manage staff effectively in the workplace
(Hall and et.al., 2018). For example, a 12 day old new born who was admitted in the hospital
both legal and ethical challenges must be taken into consideration. In accordance with the non-
maleficence principle in relation with ethical ethics, tends to ensure patients safety. This also
helps in protecting individuals and also in turn focuses on preventing any sort of injury or
damage. They focus on creating a safety health system and focus on risk management, patient
safety improvements and systematic deficiency. Health care practitioners must focus on creating
physical and mental health setting for better care results and outcomes.
P 8. Determining the impact of relevant law and policies on the basis of real case scenario.
Health and social care act, 2012 aims to focus on empowering patients and tends to focus
on innovating several ranges of products which in turn helps in delivering the best possible care
to the individual (McLean and et.al., 2015). They key benefit associated with the legislations,
policies, standards in the key area of delivering care is mainly associated with providing high
organizational care and standards. This helps in offering risk free services and in turn also leads
to protect themselves from any future allegations.
For instance: Joe was suffering from femoroacetabular impingement in left hip early
osteoarthritis. The patient tens to believe that, this condition tends to be a disability within
Equality Act, 2010. This law helps in treating each individual with equal opportunists in a wider
society and workplace.
M 4. Determining how specific laws and legislations results in different outcomes to particular
case scenario.
Every laws and legislations have varied aims and objectives. There are various health
care practice such as hospital, community health setting, domiciliary care services, charitable
health or end of life support services, etc. (Fernando Chang-Muy and Congress, 2015).
D 3. Reviewing ways in accordance to which health care practitioners ensure compliance with
relevant legislations and policy.
Health care legislations and policies are effectively implied by the health care practitioners
within the health setting (Hall and et.al., 2018). Care quality commission is mainly linked with
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the health care authority which in turn ensures that company effectively comply with legal laws,
policies and legislations associated with health and social care.
CONCLUSION
From the above conducted study it has been summarized that, National policy is linked
with broad set of actions which mainly ensures the health of the population in a country. The
organizational policy is mainly associated with equality, lone working, health and safety,
disciplinary and grievance, etc. Furthermore, this study concludes that, National human rights is
associated with the protection of human rights. International human rights is linked with
protecting people from racial discrimination, torture, social and cultural rights, etc. This study
also helps in demonstrating relevant different legislations and policy like health and social care
act, equality act, social value act, mental capacity act, human rights act and several other UN
conventions in relation to safe and healthy conduct. This study helps in evaluating relationship
between policy, law ethical requirements in compliance with health and social care.
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REFERENCES
Books and Journals
Banks, S., 2016. Everyday ethics in professional life: Social work as ethics work. Ethics and
Social Welfare. 10(1). pp.35-52.
Fernando Chang-Muy, J.D. and Congress, E.P. eds., 2015. Social work with immigrants and
refugees: Legal issues, clinical skills, and advocacy. Springer Publishing Company.
Hall, M.A and et.al., 2018. Health care law and ethics. Wolters Kluwer Law & Business.
Harris, J. and White, V., 2018. A dictionary of social work and social care. Oxford University
Press.
Martinez, O and et.al., 2015. Evaluating the impact of immigration policies on health status
among undocumented immigrants: a systematic review. Journal of immigrant and minority
health. 17(3). pp.947-970.
McLean, G and et.al., 2015. General practice funding underpins the persistence of the inverse
care law: cross-sectional study in Scotland. Br J Gen Pract.65(641). pp.e799-e805.
Nelson, R. and Staggers, N., 2016. Health Informatics-E-Book: An Interprofessional Approach.
Elsevier Health Sciences.
Sandu, A.E. and Frunza, A.E., 2018. Ethical issues in social work practice. Information Science
Reference/IGI Global.
Sankar, P.L. and Parker, L.S., 2017. The Precision Medicine Initiative’s All of Us Research
Program: an agenda for research on its ethical, legal, and social issues. Genetics in
Medicine. 19(7). p.743.
Wallerstein, N and et.al., 2017. Community-based participatory research for health: advancing
social and health equity. John Wiley & Sons.
Wheeler, A.M. and Bertram, B., 2019. The counselor and the law: A guide to legal and ethical
practice. John Wiley & Sons.
Online
The Human Rights Act. 2019. [ONLINE]. Available
through:<https://www.equalityhumanrights.com/en/human-rights/human-rights-act>
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