Legislation and User Rights in Health and Social Care Services Report

This report delves into the critical aspects of health and social care, examining the influence of legislation and organizational policies on user rights. It explores the standards and laws designed to maximize these rights, including the Health and Social Care Act 2008 and the Social Service and Well-Being Act, highlighting their impact on service quality and user access. The report analyzes various factors affecting user rights, such as staffing levels, technology, and individual health status, while also addressing the importance of effective communication and diversity policies. Furthermore, it identifies factors contributing to a loss of independence, non-participation, and social exclusion, and discusses systems designed to promote user participation and independence. The report covers legislation, policies, and managerial approaches to healthcare settings, as well as the effectiveness of procedures and the importance of balancing service user rights. It also touches on the importance of effective communication in promoting user rights and the potential tensions that may arise in balancing these rights.

EMPOWERING

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1 ...........................................................................................................................................3
1.1 Legislation and standards to promoting and maximising the rights of users .......................3
1.2 Factors that affect the rights of users of health and social care services...............................4
1.3 Contribution of communication to promote the rights of users of health and social care
service.........................................................................................................................................5
TASK 2............................................................................................................................................5
2.1 Factors that contribute to loss of independence, non-participation and social exclusion ....5
2.2 Systems that helps to promote the participation and independence of the user....................5
2.3 Tension that may arise while balancing the rights of service user........................................6
TASK 3............................................................................................................................................1
3.1 Identify the extent to which individual are at risk of harm...................................................2
3.2 Effectiveness of policies, procedure and managerial approach within health care setting...2
TASK 4............................................................................................................................................3
4.1 Legislation and code of practice related to the medication...................................................3
4.2 Effectiveness of policy and procedure of health and social care services ..........................4
CONCLUSION ..............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Health and social care services are those services that are provided by the health and
social care provider. Health and social care services are important to provide because it provides
assistance to those who really need it. It plays important role to improve the issues that are
generally faced by the society. If any person has issue, it may be mental and physical issue then
such organisation provides assistance to them to overcome such problems. There are many
services that are provided by them. In the present report, it is explained that how legislation
influences organisational policy and practices in relation to health and social care (Huang and et.
al., 2012).
TASK 1
1.1 Legislation and standards to promoting and maximising the rights of users
Legislation are the laws made to standardise the whole health and social care.
Legislations are produced by the government as to regulate, authorise, section, grant, declare or
to restrict. The legislation influences the operation of the business in a country. The UK
legislation are made with aim of maximising and promoting the rights of users of health and
social care. The health and social care Act 2008 states that every provider in the health and social
care should have more than one registered manager. The manager is the person who is
responsible for maintaining the rules and regulations of health and social care. The service
providers have to comply with the Health and Social Care Act 2008 while providing services.
This helps in standardising the health and social care services in the market.
The Social Service and Well-Being Act also impacts the rights of the users of health and
social care. This Act helps in promoting equality, improving the quality of services and
increasing access to the provision of information the users receive. The health and social care
polices and procedures should be made with very precision, as they have impact on the health of
whole society (Jonas, 2010). There should be special attention given to the special users having
any type disability. There are some changes which have been made in the health and social care
recently. These are related to skill standards and polices regarding practices as to improve the
quality of services. This amendment have different impact on the users, it has also given some
power to the main authorities and operators in the market. Such as- Local authorities, Clinical

Commissioning Groups, The national Health Services Commissioning Board and the
commission of health have been given some extra rights and powers.
The care standards are also influenced by the changes in the organisational polices and
practices. The care standards Act also empowers the users of health and safety users to get better
facilities and services from the providers (Gao, Janssen and Shi, 2011). The authorities inspect
various hospitals and facilities as to check if they are maintaining standards or not.
Here are some points which can make a improvements rights of users:
Human right act 5: This right emphasise on liberty and security of persons which can make an
impact on maximising profits for health and social care users. This act provides a right and
power to victim which is arrested by authorities that authorities can not give them more
punishment.
Human right act article 10: This law provides a right to a person to expose their feelings by
body gesture. So it can help to patients to express their feelings by body languages and gesture. It
is essential for the health and social care organisation to provide this freedom to their patients by
which they can make a better explanation of their disease and problems.
6 C's: These are also can make a effect on maximising rights of of users, here these are: Care: It is must element which is required under these services so organisations which
are working in this industry. It can increase values of services for their users. Compassion: A person which is having a disease is having a similar needs of treatments
and sympathy of others. It heals their soul and creates a positivity in them. So it have to
be in staff of health and social care organisations. Courage: It is essential to provide a better treatment for patients, doctors has to be expert
to provide a better treatment and take a better decisions for patients in every conditions. Communication:Conversation in between patients and doctors can increase effectiveness
of treatment for it's users. Commitment: Health and social care organisations has to be on their commitment, as well
as doctors commitment also make a positive impacts up on patients.
 Competence: It is an ability to do some things successfully so doctors team has to be
expert in to make a better treatment and analyse of problems. Which can increase their
effectiveness for their services users.

Diversity policies: It can make a huge impact on staff and employees performance and their
abilities. So it is essential for health and social care organisation to recruit local people in
organisation which can better understand problems of patients.
Equality policies: This one can help to them to manage equality in promotion for all of their
employees. This one can help to them to promote better people on higher ranks and positions.
1.2 Factors that affect the rights of users of health and social care services
The users of the health and social care services possess certain rights on their behalf. The
rights they possess as the users of health and social care services may be affected by various
factors. The health and social care users have the right for being treated in the appropriate way.
They have to be physically and mentally taken care of. They have to be taken care of by
the nurses and caretakers in proper manner. The caretakers have maintain their physical
cleanliness and the surroundings in which they have been taken care of must be neat and tidy too.
Hygiene is to be maintained properly or else the person who is being taken care of as an user of
the health and social services are already sick by health. Promoting the rights that they could
access as users of the health and social services or the organization that provides those services
are to be maximized so as to affect the human resources present in the organization. The
promotion of theses rights are necessary because a major portion of these users of health and
social care services are unaware of their rights they possess as being an user of such services.
The human resources at the organization which provides services related to health and
social care must have appropriate skills and knowledge. The employees working at a social and
health care organization usually handles the life taking aspects of health for the safety of users of
health services (Vecchio, Justin and Pearce, 2010. They have to have the efficient skills and
knowledge, such as proper techniques of injection and CPR, must be known to the human
resources at the health and social care organizations. The users are not be exploited and hurt by
unskilful techniques.
Factors that may effect the promotional and maximization achievements of the rights of
the health and social care service users includes the technology. The organization which serves
the public in case of their health should ensure proper availability of latest technology to provide
the best treatments for the betterment of the users of those services. There must be no existence
of discrimination on any basis.
Some factors are which are effecting on rights of users:

Procedures: Organisational process are having a direct impact on their users, it has to be simpler
to provide a proper relax during to treatment. A difficult process can harm on trust of services
users on organisation.
Staffing level: This term used for recruiting a right person for right position in organisation
which is required in health and social care organisation. Each post is having a need of education,
experience so recruited person has to be equivalent for this to deliver a better services as per the
needs of services users.
Continues professional development: It also helps to organisations to make a proper services
for their users because it improves standards of their services which supports to patients to get a
better services.
Individual level of dependency: It is essential for health and social care organisations to
provide a proper freedom for their employees which can help to them to make a better services
for their customers. But according to their work they have to be dependant to others so each and
every employees to make their best performance to provide fast results in their work to manage
work process. Finally this one can help to make a better and fast services for their customers.
Individual changing in health status: Each user of health and social care services are having
some significant measure points which can elaborate their conditions. These measures are blood
pressure, temperature, x-ray and reports which can help to identify status of patients. By this
medical staff and doctors can make change in their treatments.
1.3 Contribution of communication to promote the rights of users of health and social care
service
Covered in Poster.
TASK 2
2.1 Factors that contribute to loss of independence, non-participation and social exclusion
Different people have different vulnerabilities and it may cause loss of independence,
non-participation and social exclusion. These issues can be solved by the staff of health and
social services (Tuckey, Bakker and Dollard, 2012).
Factors contribute to loss of independence
 Physical loss: It is related to physical inability to perform any task efficiently. This leads
to rising of barriers for independence of individuals. Due to some health issue, an

individual is unable to perform task in effective manner and may face loss of
independence.
 Emotional loss: This is related to stress and depression. In this, sometimes due to
excessive work or some other reasons, an individual is unable to perform their work and
end up with loosing independence.
 Socio-cultural loss: Here, due to some cultural and social factors barriers are caused.
Adoption of one culture sometimes limits the capabilities of people and finally results
into social and cultural loss.
 Mental loss: It is related to some mental issue, due to which people are unable to work
effectively.
Factors contribute to non-participation
 Personal factors: These are the factors that are related to personal life of an individual.
Due to this, people are unable to perform well in the organisation and do not make active
participation.
 Cultural factors: Due to cultural difference, there are some issues that arises at work
place and results in inactive employees’ participation.
 Institutional factors: These are the factors that are related to organisation such as: norms
and conditions, high work load, difference among employees. Such factors are resulted in
failure of capabilities of individual.
Factors contribute to social exclusion
 Unemployment: When people are not employed and there is high graph of unemployment
then it has adverse impact over the society. It is resulted in loss of social exclusion.
 Poverty: Due to poverty in society, people can not contribute more effectively. It creates
lack of opportunity that they can't posses due due poverty and resulted in social
exclusion.
 Education: It is the main problem that is in society. It creates hindrance in social
exclusion. Because of the lack of education, people are not able to work on any
environment. Due to this they always feel inferior as comparison to the others
(Laschinger, Finegan and Wilk, 2011).
 Low standard: It is the biggest problem that creates issues in social exclusion. People
living standard is not as per the requirement and it creates many problems in operation.

2.2 Systems that helps to promote the participation and independence of the user
Following are the systems and processes that help to promote the participation and
independence of the user as:-
1. Message for policy and practice:
The staff of the health and social care provides important information relating to rights of
health and social care user, effectiveness of the treatment. It helps the people to learn more about
the health and social care services and it promote the independence and active participation of
the user.
2. Current knowledge:
There are many laws, rights that update frequently. So it is required for the staff to provide
updated information regarding the rights of the user so that they can motivate to participate in
such work (Albrecht and Andreetta, 2011).
3. Training: It is the effective tool that can be used to promote the participation. It is
required to provide so that mental abilities can be developed to take the participation.
4. Organisational commitments and responsiveness:
If the organisation is able to provide better services and environment to user then such users
are promoted to more participate in such activities.
5. Minimization of cost:
If the organisation is able to provide health and social care services to the user at minimal
cost then there is possibility that the user can take the participation.
6. Removing personal barriers:
Personal barriers can be eliminated by making the two way communication. Communication
helps to provide strong support. When all the problems of the user solved then it helps them to
take the participation in then work.
7. Performance of worker:
Performance of worker is expected to have the vast impact over success of the business unit.
It is important to consider such factors in organisation that enhances the performance at work
place. When workers perform well in the organisation; then it helps them to actively participate
in activities. Further, it is essential for management to keep continuous monitoring and control
over employees ‘performance.

8. Source of information:
It is required for the organisation to consider important information so that they adopt best
practices in their business unit. The correct information provides assistance to promote the
independence and participation of worker at workplace. Moreover, a proper flow of information
between various departments is necessary to ensure smooth flow of operations. Finally, a high
level of transparency should be maintained between different levels. This in turn ensures
availability of required information with employees in all departments from time-to-time.
9. Empowering individuals:
It is important to give some power to employees related to their assigned tasks; so that they
can contribute significantly to its success. This helps to improve the participation of employees.
When employees’ morale is boosted up; they tend to come up with different ideas for growth and
development.
2.3 Tension that may arise while balancing the rights of service user
There are many problems that may arise in balancing the right of service user to
independence. It is the duty of the staff of health and social care to address such tension and
make the effective measures to remove such problems (Klugman and et. al., 2014).
These tension may be related to the rights of the user of health and social care service, regarding
the information of the user that is not disclosed to the others and many other tension such as:-
There are many right of the user of health and social care services that are required to
understand and to provide adequate protection to such rights. If such rights are not protected by
the staff then it may create conflict among them. There are different realities of the user of the
services and if these are not addressed then it may create tension.
When the staff discloses the private information of the user then it is required for them to
handle it with care so that it can not harm to user. If any information is demanded by the staff
that is confidential then it may create conflicts. It is required for the user to avoid such
information because such information can be used by the others for their personal benefits. It is
required for the staff to consider the rights of the user (adult and children) very sincerely because
if it is not considered sincerely then it may cause many problems and tension to the staff of
health and social care services (Menesini, Nocentini and Palladino, 2012)

TASK 3
Case of Victoria Adjo
Climbié
In case of Victoria
Adjo Climbié, ahe is suffers
due to 128 injuries. This is
because, no one could protect
her at time of burning. She was
burnt from cigarettes and hit
with bike chains, hammers and
wires. Up to her death various
parties police, social services
and other department are with
her and noted signs of abuse.
Lord Larming who provide
service to her was fail because
of care were badly run.
Case of Baby P
In case of Baby Peter,
he was dies due to 50 injuries
due to child abuse. The death
of his reason is removing of
social care services towards
him.
Case of Daniel Pełka
Daniel Pełka died in
March 2012 in age of 4 years
due to head injury that is child
abuse in England. Biological
parents of him separated in
Poland. His stepfather attack
on him with locked him in a
room and forced fed him salt.
After this, put his head under
water in the bath. In this
aspect, miss behave of his
father create negative impact
1

on him. Doctors and other
caring is not providing to him
because he was alone at time
of injury.
3.1 Identify the extent to which individual are at risk of harm
Covered in poster.
3.2 Effectiveness of policies, procedure and managerial approach within health care setting
In order to make effectiveness in health care setting, there are various elements which
need to be taken by care home. It assists to provide effective results that are related to protect
individual. They are as follows:
Policies
Following policies are used within the enterprise:
Confidentiality
In respect to provides services to individual, health care setting need to make confidence
on services which they offer. For example, a care home is dealing with cancer patient so that
they have to provide proper facilities that are related to patients body.
Equality and diversity
This element is used in UK that defines equality and diversity of human rights. It will
make sure values of society within the enterprise. In this aspect, every organisation need to
promote equality opportunities for all patients with giving chance them and eliminate
discrimination (Rindner, Strömme and Rembeck, 2017). For instance, in care home different
individuals are take place for mental health issues, the health care system need to provide same
rights to them.
Safeguarding
In order to provide proper care to each person, this element made to protect people from
harm and damage in appropriate measure. In this aspect, organisation need to take protection to
keep safe them with using different equipment. For example, if someone suffers from mental
health problem, care taker need to be provide with them permanently (Marley, Atkinson and
Maguire, 2014).
Procedure
2

Following procedure must be used in organisation:
Information sharing
In respect to provide effective services, care home need to share information in the
organisation. In this aspect, proper caring can be made for all people.
Risk assessment
In addition to this, risk assessment is very important element which describes to attain
proper care of all people.
Managerial approach
There are certain managerial approaches can be used by care home to take care for
individual:
Matrix management
It is the effective practice of managing various individual with more than reporting line.
It is used to manage cross functional and cross business group with working in health care
organisation (Handorean, Robertson and Hernandez, 2015).
Micro management
It is the style which can be used by manager of health care organisation to observe
closely with working subordinates and workers. Generally it makes negative impact on work.
TASK 4
4.1 Legislation and code of practice related to the medication
It is required for the hospital to follow the legislations and code of conducts that are
related to the medicine (Mattila and et. al., 2010). It is required for the staff to make concentrate
on their working so that better services can be provided to the patient. In the present case, nurse
has given the overdose of the insulin as 64 unit in place of 6 unit. It is serious case as it is
considered by the hospital because it can be dangerous to the patient life and make result to the
end of the life of the patient.
Care quality commission explained the following legislation and code of practice related to the
medicine that are required to be followed by the staff of the hospital as:-
 The medicines for human use regulation 1994: According to this regulation, it is required
for every seller of the medicine to get the licence form the authority. If one has no license
3