UK Health Policy: An Analysis of Legislation and Ideology

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DEMONSTRATE UNDERSTANDING OF THE HISTORICAL AND IDEOLOGICAL
DEVELOPMENT OF UK HEALTH POLICY IDENTIFYING THE UNDERPINNING
PRINCIPLES AND VALUES
Contents
INTRODUCTION.....................................................................................................................................1
IDEOLOGY IN HEALTH AND SOCIAL CARE..............................................................................................1
LEARNING DISABILITIES.........................................................................................................................2
Mental Capacity Act (2005)...............................................................................................................2
Equality Act (2010)............................................................................................................................3
CHILDREN AND FAMILIES.......................................................................................................................4
The Children’s Act (1989)..................................................................................................................4
Every Child Matters (2004)................................................................................................................5
CONCLUSION.........................................................................................................................................6
REFERENCES..........................................................................................................................................7
INTRODUCTION
1

The chief aim of this report is to focus on two policies and pieces of legislation regarding one
specific health issue that are introduced in the UK over the period of time. Mental health is
considered as an essential element of health and social care and is commonly a subject to
societal stigmatization throughout decades. The policy and legislative framework for mental
health is usually similar in context to the ideologies it is based on. Children and families on
other hand are closely related to the mental health phenomenon and the legislation for
learning disabilities and children and families are usually correlated. According to World
Health Organization mental health is defined as the state of wellbeing of an individual in
which they realizes their own potential to cope with the stress of life, can work effectively
and be able to contribute to the community in some or the other manner (Gold., 2014).
Learning disability is defined as the impairment of cognitive and brain function of the
individual leading to impaired learning function (Emerson and Glover., 2012). This
assignment will focus on discussing two legislation regarding learning disability and two for
child and families in the UK.
IDEOLOGY IN HEALTH AND SOCIAL CARE
2

Ideology is defined as a coherent and organized set off ideas that are related to a specific
subject (Heywood., 2017.) Moreover it is referred to as a set of ideas or ideals that form the
basis of the economic and the political theory that is used to frame the policies and
legislation. Ideology in health and social care are significantly important as it forms the basis
of the economic and political beliefs of the policies and legislation for different health issues
(Heywood., 2017). For example, political ideologies are considered as the set of political
assumptions that derive the introduction of policies in health and social care. Ideologies are
important in health and social care because it enables the proper enacting of the policies and
legislation for different health issues and these policies and legislations are responsible for
the health and wellbeing of the population in the nation. Drawing an example from the staff
quantity and level in hospitals that is directly influenced by the funding that is promoted by
government policy and again the government policies are influenced by the ideological basis
(Millar and Hal., 2013).
There are three main political ideologies in health and social care namely conservative,
labour and non-liberal. Conservatism is opposing the ideas of liberalism and socialism.
Conservative belief mainly focuses on right wing ownership and self-reliance and mainly
introduces the traditional values. Conservative theory does not oppose change completely but
mainly focuses on organic changes rather revolutionary change (Martin et al., 2015). It
focuses on low public spending and individual responsibility as well as private ownership.
Labour ideology focuses on higher public spending, more investment in public welfare, it
favours the state control and enhances the strong welfare state (Flacks., 2012.)
LEARNING DISABILITIES
3

Mental Capacity Act (2005)
Mental Capacity Act (2005), is the parliamentary act introduced with the aim to enable the
decisions to be made on behalf of the individuals who lack mental capacity to take own
decisions for their care (Graham and Cowley., 2015). It is stated that when people with
learning disabilities are exposed to health and social care or the integrated care they are faced
with variety of interferences with their choices and preferences. The Mental Capacity Act is
based on new civic republic philosophy. This is based on the labour or socialist ideology that
justifies the restriction and enforcement of the regulations of the Act on the individual with
learning disability (Tuffrey-Wijne, ., 2013). The Act was introduced in 2005 with five major
key principles. These five principles are discussed as 1. Person must be assumed to have
capacity to take decisions till he or she lacks that capacity 2. A person should not be treated
as not be able to take decisions unless all the steps to help him or her make decisions are
explored, 3. A person cannot be treated under this act if he or she takes unwise decisions, 4.
The action taken under this act for the individual should be in his best interest and 5. Before
the decision is made of action is taken the effects of the act must be evaluated that it can be
done in less restrictive manner and do not violate individual’s human rights (Graham and
Cowley., 2015).
The act later introduced new reforms in 2007 including a new criminal offence and wilful
neglect without capacity domain, new independent mental capacity advocacy services, code
of practice, and extension of the Act, lasting powers of attorney, and new office of public
guardian. The Act is designed to promote socialist views and values by reforming new
concepts in mental health in the UK (McDonald and Kidney., 2012). The amendments and
reforms as well as expansion of this important piece of policy is done by local authorities of
government including presentation of different information an guidelines tools for the regions
to practice under the legislation for better delivery of care and limited restricted practices for
the individuals’ with learning disabilities.
Equality Act (2010)
It is seen that the pursuits of equality in UK are been subject to various actions and
approaches but the current status remains unsatisfactory. The Equality Act 2010 aimed at
filling the gap including gender equality and aiming at better policy for equal rights of the
individual in the UK. The Equality Act is perceived on basis of two labour ideologies that
opposes its non-liberal roots (Burton., 2014). The two ideologies includes he centrality of
market values and the conflation of moral responsibility with rational action. The Act also
4

considers the legacy provided by coalition conservative government by integrating the old
legislations and regulations regarding the anti-discrimination and equality in the UK. Some of
the issues considered while application of this act is the non-liberal aspect of the act has
restricted the act from having a transformative effects in some areas such as feminism. Also
some of the authors described lack of redistribution, recognition and representation in this
piece of legislation (Liasidou., 2014). This Act is based on the neoliberal concepts of the
ideologies taken up by the labour government. New labour ideology therefore is a hybrid
regime that allows concept of conservatism and labour or socialism to integrate for the
introduction of legislation. Neoliberalism focuses on the profit in the market and labours as
the commodity and can side when the market status changes that is against the labour rules.
Neoliberalism enables the Equality act to be introduced in a manner that will allow the cost
and benefit of the actions becomes the measure of all state practices (Act., 2010).
This is again an essential reform of parliament of UK that enables the consolidation,
integration and supplementation of various acts in the past. The Act chiefly has similar goals
to the four European Union Equal treatment directives (Act, 2010). The labour party included
the commission on equality bill in 2005 in their manifesto. In association to this the
discrimination law review was established to consolidate a report that could justify the
integration of different laws of discrimination to be put together in one name. The Equality
Act (2010) successfully integrated and replaced Equal Pay Act 1970, Employment Equality
(Sexual Orientation) Regulations 2003, Race Relations Act 1976, Employment Equality
(Religion or Belief) Regulations 2003, Sex Discrimination Act 1975, Disability
Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006 (Tilley et
al., 2012). This Act signifies the major step taken by socialist ideology in the UK which
aimed at reducing the gaps identified between rich and poor and other discriminating factors
in society. The Act includes the legislation related to equality, work, age discrimination, sex
and race discrimination, public sector duties etc.
CHILDREN AND FAMILIES
The Children’s Act (1989)
5

The Children’s Act is aimed at protection of child’s rights and interest. It is essential to make
timely reforms in the legislation for children in order to protect physical, mental and
intellectual development of children (Woodhead and Faulkner., 2012). The legislation is a
piece of duties for local authorities, courts, parents and agencies that work to safeguard the
rights of the children. It caters the idea that children can be best safeguarded and cared for by
their families. The Act involves focus on welfare of the child, parental responsibilities, court
orders regarding children, accommodation, education, child in need, looked after children,
multiagency working etc. The policy includes the paramount focus of child rights when
dealing with the children in the courts. Child welfare according to this act is considered as the
major element to be specified during court proceedings and the element that affects the
wellbeing of the child. Parental rights with relation to child in this act is explained as all the
responsibilities, laws, regulations, duties, and authority a parent has for his child and his
property (Woodhead and Faulkner., 2012). This Act mainly outlines the proceeding facilities
that the children and their families can achieve during the case hearing in the court as well as
to promote anti-discrimination and equal rights to the best interest of the child. The working
of this policy was as per the conservative ideology (Gilbert., 2012). It had some of the
changes and amendments throughout the years but the basic criteria for the implementation of
these policies and clause of the legislation remained same. It was seen that the policy worked
appropriately for certain time but it resulted in failed efforts to achieve all the integrated
phenomenon of child care. This act was updated in 2004 with aim to make the UK better and
safer place for children to reside (Gilbert., 2012). The primary goal of these amendments was
to create multiple agencies working in coordination to promote child safety and wellbeing.
The 2004 act reformed by including the disabled individual rights and child rights to the main
legislation making it more elaborated for the vulnerable group of children.
Every Child Matters (2004)
After return of the Labour party in 1997 the claims were made that this time it is having new
ideologies and is based on third way philosophy (Kominis and Dudau., 2012.) This provides
evidences to combine individualism and egalitarianism a new manner. The aim of new labour
ideology was to transform the collective infrastructure and key principles of public services
so that the consumer demands are met. As a result the regulations tide of audits and
managerial actions spread all over the public sector. New labour now used public enquiry to
introduce a more effective child right and safety policy under the name Every Child Matters
(2004). The introduction of this policy was not only a step for marginal reconsideration of
6

forensic concerns but also helped in abolishing the social service departments. Initially as
other times the new labour faced severe criticism against this policy by the critiques. Number
of scandals during 2008 to 2010 exaggerated the criticism but it was seen that the concern for
child protection and emergence of child protection policies was trending (Cale and Harris.,
2013). Children and families were considered as group with major cut from funding in new
labour government but as coalition took over they aimed at Munro review to set back these
focus on family and children and rather focus the main expenditure on the children’s benefit
and services. All the above mentioned aspects were thoroughly inspected and reviewed that
led to a major shift in child protection policies in the UK government (Meehan., 2016). The
overall conclusion for child policy emerged as the formation of authoritarian neoliberal state
that helped in operation of services and focus on children as individual rather than cumulative
group in a family policy. Hence it helps in achievement of five principles of ECM including
stay healthy, stay safe, enjoy, educate and achieve.
CONCLUSION
Ideology is defined as a coherent and organized set off ideas that are related to a specific
subject. Some of new labour ideologies helped in introduction of policies for learning
7

disabilities and children and families. Mental Capacity Act (2005), is the parliamentary act
introduced with the aim to enable the decisions to be made on behalf of the individuals who
lack mental capacity to take own decisions for their care. It is seen that the pursuits of
equality in UK are been subject to various actions and approaches but the current status
remains unsatisfactory. The Equality Act 2010 aimed at filling the gap including gender
equality and aiming at better policy for equal rights of the individual in the UK. The
Children’s Act is aimed at protection of child’s rights and interest. It is essential to make
timely reforms in the legislation for children in order to protect physical, mental and
intellectual development of children. The legislation is a piece of duties for local authorities,
courts, parents and agencies that work to safeguard the rights of the children. New labour
now used public enquiry to introduce a more effective child right and safety policy under the
name Every Child Matters (2004). The introduction of this policy was not only a step for
marginal reconsideration of forensic concerns but also helped in abolishing the social service
departments. These policies are based on different political ideologies that helped in
enhancement of health of the nation.
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