Health and Social Care Policy: Understanding the Role of the Judiciary

This report examines the structure of health and social care policy, focusing on the roles of the legislative, executive, and judicial branches of government. It highlights the significance of the legislature as a primary policy maker due to its impartiality and ability to gather information from diverse sources, using the NHS as an example. The report contrasts this with the judiciary, which, while less directly involved, has shaped policy through legal decisions, particularly in mental health. Additionally, it discusses the role of the executive branch and its agencies in policy development, emphasizing their non-political nature and expertise. The report also makes references to the role of ethics in policy making and highlights the need to ensure that these policies align with the rights of the individuals and the community.

LAW, POLICY AND ETHICAL PRACTICE IN HEALTH AND SOCIAL CARE
Modern health care policy focusses their attention to protect
and promote the health of the individuals and the community.
These objective can be fulfilled by Staffordshire NHS
foundation trust respecting the human right. The government
has separated the power into three branches which are the
legislative, an executive and the judiciary. The legislature is
the most suited branch for developing health policy as the
legislature is thought to be impartial and publicly accountable
(Nelson and Staggers, 2016). Legislature are appropriate
policy makers because they have experience, and they can also
collect information from a wide variety of source, so the final
decision in all the health and social care are made by the
legislature like for example NHS. On the other hand judiciary
is considered to be the least ideal forum for the development
of any health and social care policies. This is because the
judges rarely receive education in health and social care issue
as they are usually good at legal skills. Despite all these the
courts have been instrumental in developing several; important
health care policies. These policies include the field of mental
health policy that shows judicial leadership followed by
legislative enactment. Then the executive branch of the
government helps almost in the same way as legislature to
bring health and social care policies formation. NHS needs to
follow it. The executive branch have many agencies to deal
with health and social policies and the staff working here are
not connected with any political parties and have brings
knowledge and expertise of health care to form appropriate
policies, and so there decision can be trusted to go on with.
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