Ethical and Legal Considerations in the Winterbourne View Case Study

This report provides a comprehensive analysis of the Winterbourne View case, focusing on the failures in law, policy, and ethical practice within a healthcare setting. It examines key legislation such as the Care Act 2014 and the Health and Social Care Act 2008, highlighting the lack of adherence to these laws and relevant policies. The report details the shortfalls in patient safety and care, the outcomes of non-compliance, and the ethical dilemmas faced. It critically reviews how workers could have ensured compliance through ethical practice and analyzes the impact of equality legislation. Furthermore, the report explores the relationship between law, policy, and ethics in the context of the case, comparing national and organizational policies against professional standards. Part 2 of the report covers the roles of the legislature, executive, and judiciary, the relationship between key legislation and national policy, and the importance of ethical practice. It also reflects on specific tasks in health and social care, evaluates the national system of government, and explains relevant legislation and policy implementation. Finally, it addresses how human rights laws inform the treatment of individuals and the rights and responsibilities of practitioners. The report concludes with a summary of the findings and recommendations for improved practices.

1 Law, Policy and
Ethical Practice in
Health and Social Care
Table of Contents

INTRODUCTION ..........................................................................................................................4
PART 1............................................................................................................................................4
1. Key legislation and national policies, organisational policies, statutory guidance and codes
of practice and what should have in place for Winterbourne......................................................4
2. Explain what laws and policies were Not being adhered to and give relevant examples.......5
3. Explain in detail what the shortfalls in patient’s safety and care were that related to the law,
policy and ethics..........................................................................................................................6
4. Explain what was the outcome of not following the laws and policies in place (what
happened to Winterbourne, the service users and staff and what recommendations were
made). .........................................................................................................................................7
5. Critically review the ways in which workers at Winterbourne could have ensured
compliance with the relevant legislation and national policies through ethical practice............8
6. Analyse the impact that different equality legislation and equity has when safeguarding
individuals in relation to Winterbourne view..............................................................................9
7. Describe the relationship between law, policy and ethics in relation to the practice that was
demonstrated at Winterbourne....................................................................................................9
8. Compare national and organisational policies against the national professional standards
and how they impact on practice in health and social care. .....................................................10
PART 2..........................................................................................................................................11
1. Describe how the legislature, the executive and the judiciary set the legal and policy
landscape for health and social care practitioners and the settings they work within...............11
2. Describe the relationship between key legislation and national policy relevant to health and
care settings...............................................................................................................................11
3. Explain what ethical practice is and give detailed examples of how ethical dilemmas can
arise in health and care practice and explain how you must deal with the dilemmas making
sure the ethical codes of practice are adhered to.......................................................................12
4. Reflect and give valid examples of two or three specific tasks that are carried out and how
you would carry them out in health and social care services that meet national professional
standards of safe and non-discriminatory practice in health and social care............................12
5. Evaluate our own national system of government what is its importance of the effect this
has on health and social care practitioners? Why is it important? What does it do? What issues

can arise? What do you think could be implemented to make it better?...................................13
6. Explain the different relevant legislation and policy and how you would implement it in the
work place in regard to being able be able to work safely and healthily in health and care
settings.......................................................................................................................................13
7. Explain how do the Humans Rights Laws for England and the rest of the world inform us
as health and care workers how we should and should not treat individuals in fair and equal
ways...........................................................................................................................................14
8. Explain the relevant legislation and national policies and what their importance is when
informing the rights and responsibilities for practitioners working in the setting....................14
CONCLUSION .............................................................................................................................15
REFERENCES..............................................................................................................................16

INTRODUCTION
The healthcare sector deals with the business which provide the medical service, medical
insurance, manufacture the medical drugs or equipments or facilitate provision of the health care
to the patients. This industry plays an important role in the country as it is an important part
which determines the GDP (Gross domestic product) of the nation. These are govern by the law,
policies and ethics which are developed to regulate their working in a fair manner. Laws are the
rules and regulations which are mandatory to be followed by the people in order to avoid the
legal consequences and policies work as guidelines which are adopted by the companies in order
to take actions. Ethics are the moral principles which governs the behaviour of the people or their
conduct. This report is divided into two parts, of which Part 1 shall deal with the case study of
Winterbourne view which relates to the healthcare sector. Moreover in context to this case study,
laws, policies and ethics shall be covered. And Part 2 shall be covered in Brochure. The
organisation chosen for this Part is Royal London Hospital, situated in London. It was opened in
the year 1740.
PART 1
1. Key legislation and national policies, organisational policies, statutory guidance and codes of
practice and what should have in place for Winterbourne
The health and social care practitioners are bound to be regulated by and should adhere to
the range of laws and polices when they are working in the health trust, public authority setting
or the primary care. Laws are the set of rules and regulations which are on one hand meant to
enforce the justice and on other hand prescribe the obligations and duties. These are derived from
the customs or the formal enactment by the legislatures. They derive their legitimacy from the
universally accepted principles which includes justness of rules or the sovereign power of the
Parliament. The key legislations in context to health and social care includes Care Act of 2014,
Health and Social Care Act of 2008, Social Value Act of 2012 and many other.
Policies are the basic principles which act as guidelines for the people, organisation and
the government. These are the set of declared objectives which the government seeks in order to
achieve and preserve in the interest of the national community. In context to health and social
care, the policies include policy of health and safety in the workplace, NHS Code of Practice

2003, Public Guardian Safeguarding Policy of 2013, UK Policy Framework for the Health and
Social care Research and many other.
Statutory guidance is the code or the guidance which is issued by a authority under a
specific legislation which is intended to give the local authorities, the information which is
required to meet the legal obligations which is placed in any law or the regulations. For instance
the guidance of Care Act act as guidelines for the practitioners of health and social care to follow
the principles embodied in the legislation.
Code of practice in relation to health and social care workers is the list of the statements
which describe standards of the professional conduct and practice. For instance the Health and
Social Care Act of 2008 provides the Code of Practice on the Prevention and Control of the
Infections and related guidelines.
In context to the Winterbourne, the care setting must comply with the laws and policies in
order to prevent the abuse. The practitioners failed to safeguard the people and provide adequate
care to them. The Winterbourne must comply with the Care Act of 2014, Health and social Care
Act of 2008 and other legislations. It must also comply with the policy of health and safety,
public guardian safeguarding policy and many other.
2. Explain what laws and policies were Not being adhered to and give relevant examples
Winterbourne view failed to comply with many legislations and policies which resulted
in severe abuse to the people who were admitted in the hospital. The workers of the hospital did
not provide adequate care to the patients. The registered provider of the hospital failed to protect
the people from risk which includes risk of unsafe practice, risk of receiving proper care or the
treatment which was improper or inappropriate to meet the needs of the individual. It also had
ineffective operation which failed to protect the patient from the risk of unsafe treatment and
care.
The laws which were not adhered by the Winterbourne includes firstly the Care Act of
2014 which encourages the caregivers to have person centred approach when dealing with the
vulnerable adult in order to safeguard them. It focuses on adult social care. The hospital failed to
provide adequate care to the adults and also failed to protect them from the abuse. Another
legislation includes Health and Social Act of 2008 which is aimed to put clinicians at a centre
of commissioning and frees up the providers to innovate and empower the patients. It also

focuses on health inequalities. In context to Winterbourne, the registered provider failed to
identify, manage or access the risk relating to the health, safety and the welfare of the people.
The polices which were not followed by the Winterbourne involves policy of health and
safety in the workplace which states that the employer must take actions to provide health and
safety at the workplace. It aims to maintain the safe workplace at every organisation. The
management of the hospital failed to provide safe environment to the patients and also failed to
protect them from abuse.
Role of Legislature, executive and judiciary for health and care sector
the legislature is the supreme law making body which is entrusted with the role to make
the law. The law relating to the health and care sector is made by the legislature which are called
the statutory laws. They are enforced in whole of the country and every citizen is duty bound to
obey it.
The executive is entrusted with the role to execute or implement the laws which are being
made by the legislature and judiciary. They enact some guidelines or policies in support of these
laws so that they can be implemented easily and smoothly.
The judiciary is another branch which makes the laws which have same relevancy and
validity as of the legislature. These laws are called the common law. The judiciary makes the law
relating to the health and care sector.
What are organisational policies, statutory guidance and codes of practice are and what
should have been in place at Winterbourne
The organisational policies are such which are made for the implementation of the
national policies and law so that they can have strict adherence to the national laws and policies.
In relation to health and care sector, the policies include policy of health and safety at work
place, NHS policy and many other. The statutory guidance are the guidelines issued under the
law so that it can be implemented easily. Example is guidance of Care act. The Winterborne
view was duty bound implement such laws and policies so that they can prevent the legal
consequences. The care home failed to have a good organisational policy which resulted in this
disaster and people were badly abused. The hospital failed to took any action and neglected the
issues.
The Winterborne view must have complied with the laws and policies so that they can
work on to prevent it. The strict compliance to laws like Care act, Health and Social act and

many other must be adhered to so that there may be safety ensured in the hospital for the
patients. The hospital must have made some strict organisational policies so that they can
implement the national policies and laws and maintained a certain law and order ion order to
provide fair and safe treatment to the vulnerable adults and children.
3. Explain in detail what the shortfalls in patient’s safety and care were that related to the law,
policy and ethics
Laws are generally the rules and regulations which are mandatory to be followed by the
people or the organisation. Policies are the principles which act as guidelines for the
organisations in order direct or limit their actions to pursue the long term goals. Ethics are the
moral principles which govern the behaviour of the people or the conduct of the activity. It sets
the standard of behaviour.
The shortfalls in the safety and care of the patient in the Winterbourne view hospital are
discussed below-
 The unsafe practices were carried on by the workers of the hospital which led to abuse
and bullying of the patients. The registered providers failed to comply with the Care Act
of 2014 were no adequate care was given to the patient.
 The services provided to the patient were unsafe and they were at the risk of taking the
services which were inappropriate and unsafe as it did not mat the needs of the patient.
The registered provider failed to comply with the NHS code of practice of 2003.
 The operation of system of the hospital was ineffective due to which unsafe treatment and
care was given to the people . They do not have the robust system to access and the
quality of service which was provided was also not up to the standard. The hospital failed
to comply with the Health and Social Care Act of 2012.
 The registered provider did not respond to the comments and complaints made by the
service user and also failed to identify, manager and access the risk which related to the
health, welfare and safety of the patient. The hospital failed to comply with the policy of
maintaining quality in the new health system of 2013.
 The conduct of the people employed in the hospital did not safeguard the people, rather it
put the patients to the risk of unsafe environment where abuse and bullying were at peak.
The hospital authorities failed to comply with the laws and policies relating to the

safeguarding vulnerable groups Act of 2006 and policy of safeguarding of bvulnearable
adults.
 The workers threatened the patients and instaed of giving proper care and treatmnet they
abused them. The workers of the hospital also failed to adhere with the Mental Health
Act of 1983 which imposes duty on them to take care of the patient.
4. Explain what was the outcome of not following the laws and policies in place (what happened
to Winterbourne, the service users and staff and what recommendations were made).
While the BBC television program Panorama gathered the evidence in order to show the
evidence of the abuse at the Winterbourne view hospital, an investigation was started which
examined the laws and policies which were not adhered by the hospital. Due to non compliance
with the laws and policies, the following outcome came which includes-
In relation to the staff-
The staff at the hospital were suspended by the provider and they were replaced with the
temporary staff. The staff did not comply with Care Act of 2014 and Health and Social Act of
2012. moreover the duty imposed on the staff to provide adequate care and treatment to the
patient was also not fulfilled so they were also held liable under the Mental Health Act of 1983.
eleven people were held guilty for the criminal offence of abuse and neglect and six
people were jailed. When they pleaded guilty, s serious case review was done and it was found
that there were hundreds of such incidents already happened and missed warnings.
In relation to the Winterbourne Hospital
The hospital failed to respond to the early warnings of the abuse and as the result the
hospital was shut down. The hospital failed to comply with the Care Act of 2014 of not
informing the concerned authority when they were alarmed to the incidents of neglect and abuse.
During initial stage of investigation, the admissions in the hospital were also suspended and the
new placements were also suspended.
In relation to service providers
All the patients and service providers were shifted to other care homes where they were
given adequate treatment and care. The safety and welfare agencies have the priority to ensure
the welfare and safety of the people who were present in the hospital.
Recommendations-

 one of the suggestion was to strengthen the rights of the people who suffered disabilities
or autism by drawing the charter of rights for these people and their families.
 The right to challenge their admissions and continued placement must be given tot he
people with disability or autism.
 The NHS England and government must force the pace on commissioning. This can be
done by requiring the local commissioners to follow with the mandatory framework.
 The community based providers must be given the right to propose the alternatives to the
inpatient care by identifying their needs and wishes so that alternate can be chosen by
their families or people.
 The inappropriate institutional impatient facilities must be driven by the tougher
registration requirement, leadership and local closure plans
5. Critically review the ways in which workers at Winterbourne could have ensured compliance
with the relevant legislation and national policies through ethical practice.
The workers of the Winterbourne view hospital could have complied with different laws
and policies in order to provide proper care and caution to the people. The laws which shall be
complied with by the workers include the Care Act of 2014 which imposes duty on the workers
and care settings to provide adequate care and treatment to the patients. It is an ethical practice
which must be complied in order to provide proper and safe treatment to the patients. Another
law is Health and Social Care Act of 2012 which is aimed to provide safe environment to the
people. The workers must have complied with this and proper proper system of care and
treatment to them. Instead of abusing and bullying them, the workers must have complied with
these laws and ethical practice of giving them safe environment so that they can be treated well.
Thirdly, the Mental Health Act of 1983 imposes duty on workers to protect the people and
provide safe and appropriate treatment and care to them by comply with this, workers could have
helped the patient to recover. Fourthly, the Safeguarding the Vulnerable Group Act of 2006
must also be complied with by the workers so that they can protect the patient from abuse and
bullying and safeguard them in the hospital.
The polices which must be complied with involves firstly the health and safety in the
workplace which is aimed to provide safe environment to the patients and protect them from any
risk or inappropriate care or treatment. Another policy is UK Policy Framework for the
Health and Social care Research which is aimed to guide the workers provide proper and

adequate care to them so that they can be treated well and get recovered fast. Thridly, the
Safeguarding the Vulnerable adult policy which is designed to protect the vulnerable adults
from abuse or neglect. The workers must have ensured that there is no such treatment with the
patient and they are safely treated in the hospital.
6. Analyse the impact that different equality legislation and equity has when safeguarding
individuals in relation to Winterbourne view
The Equality Act of 2010 is applicable to all the organisations which provide service to
the people. It is designed to protect the people from direct or indirect discrimination who have
protected characteristics which may relate to disability, age, race and many other. On the other
hand safeguarding adults involves range of activities which is aimed to prevent or respond to the
harm or the abuse.
Harm and abuse is described under Equality Act as the unwanted behaviour with a
purpose to violate the dignity of the person or humiliating, intimidating or providing offensive
environment to them. It includes harassment also under this law.
The equality law can safeguard the people from nay kind of discrimination or the
harassment. This legislation has an impact on safeguarding the people as it helps in eliminating
the harassment and bullying, tackle discrimination and helps in regulating the policies of
safeguarding. The protection of Freedoms Act of 2012 ensures that the service is provided to the
children and vulnerable adult to help them in order to safeguard them.
In context to Winterbourne view hospital, the Equality legislations must have been
complied with in the organisation so that the vulnerable people can be safeguarded from any
kind of harassment and bullying. This legislation shall protect them from abuse and neglect by
protecting their right and help in giving them safe environment.
7. Describe the relationship between law, policy and ethics in relation to the practice that was
demonstrated at Winterbourne
The laws, policies and ethics work with the same intention to bring rules an regulations
which must be followed by the organisations in order to deliver effective, safe and fair treatment
to all who are taking services of the company. Laws on one hand are the rules and regulations
which bind the individual or organisations to follow them and policies are the guidelines which
show direction to comply with the laws. Ethics are the moral conduct which is necessary to be
followed which regulate the behaviour of the people.

In Winterbourne hospital, the the workers failed to comply with policies, law and ethics
and harassed the patients. The laws and policies provide direction and rules which relates to
providing safe and proper treatment to all the vulnerable people and the workers, instead of
complying with this, violated the laws and mistreated them. The management of th4e hospital
also avoided the complaints and comments and despite to knowing all such incidents, they failed
to take action. This against the ethical code of conduct which mandates the workers to work with
due diligence and care while treating the patients. These laws, policies and ethics work together
with a sole motive to bring fair and safe environment for the people and the hospital authorities
and workers infringed the rights of the patients by harassing, abusing and neglecting them. This
is even against the Mental Health Act which imposes duty on the workers to provide safe
treatment and environment to the vulnerable group.
8. Compare national and organisational policies against the national professional standards and
how they impact on practice in health and social care.
The national policies are designed to provide direction or guidelines to the organisations
and individual regarding their working. He health and social care sector are bound to comply
with the laws and polices so effective working can be ensured and the patients can get fair and
proper treatment. The organisational policies are framed keeping in mind the national policies
and are designed to comply with the national policy. These are internal guidelines which the
particular care setting follows to regulate its working.
The government provide the national professional standards which are designed to
maintain the quality and standard in the service so that effective treatment can be given to the
patients. The national and organisational policies of the health and social care sector are built
keeping in mind the professional standards so that it can comply with these standards by
implementing the national and organisational policies.
Quality has been a major concern in this industry as it ensures that the operations of the
organisation is up to date and the services are provided according to set standards. These
standards help in building the national and organisational policies so that these standards can be
complied with and the practice in this sector can be made effectively and quality can also be
ensured.

PART 2
1. Describe how the legislature, the executive and the judiciary set the legal and policy landscape
for health and social care practitioners and the settings they work within
In order to enact any law or policy, the three pillars of the UK country, that is,
Legislature, Executive and the Judiciary plays an important role. The legislature has the
supreme authority to enact the law and policy which is made by undergoing a detailed procedure
in the Parliament. The bill is first introduced and then it is made a law
The Executive is entrusted with the role to implement the laws and includes the cabinet
government, Health and social care trust and the local authorities. The policies are framed by this
branch in order to implement the laws as they are the guiding principles for implementing laws.
The Judiciary is one which enacts new law through case laws and interpret the existing
laws. The laws made by judiciary are common laws which has same relevancy which statutory
laws have.
The laws enacted by the Parliament in context to health and social care practitioners
includes Care Act, 2014, Health and Social Care Act, 2012, Mental Health Act, 1983 and many
other. The practitioners are bound to adhere with it in order to ensure effective working of the
care setting. The policies include the Health and Safety policy, the NHS code of practice and
many other are such policies which guide in implementing the laws.
2. Describe the relationship between key legislation and national policy relevant to health and
care settings.
The laws and polices work hand in hand as they are focused to implement he laws which
are essential for running the health setting. The key legislations in context to health and care
setting includes Care Act, 2014, Health and Social Care Act, 2012, Equality Act, 2010, Human
Rights Act, 1998 and any other which govern their working and focuses on maintaining the
quality and standards while giving services. The policies help in guiding the implementation of
the laws so that effective functioning of the care setting can be ensured. The health and care
setting enact its organisational policies keeping in mind the national laws and polices so that it
can work properly and effectively and provide adequate safe and appropriate service to the care
user or patient.