Legal and policy landscape in health and social care framework

Legal and policy landscape set by judiciary for the local health and social care practitioners

Comprehensive sets of legal and statutory policies are set by the judiciary bodies in UK in terms of offering the compassionate care to all the service users. Betancourt et al. (2016), states that, Care Quality Commission (CQC) has set different statutory, regulatory and legislative guideline for the UK based health and social care practitioners. Different acts and legislation are associated with health and social care in UK:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
• Care Act 2014
• The Fundamental Standards (Regulations) 2014
• Criminal Justice and Courts Act 2014.
• Health and social care act (2012)
• Equality Act 2010
• Social Values act (2012)
• Mental Health act (1983)
• The food safety and hygiene (England) regulation 2013

Under the National Health Service and Community Care Act (1990), health and social care practitioners in Winterbourne View are obliged to promote the health and wellbeing of the people in the community (Fahy et al. 2017). Department of Health (DOH), England, makes it mandatory for the health and social care practitioners to emphasize on the patient-centred care process.

Under the statutory landscape sets by the CQC and DOH, health and social practitioners in Winterbourne View would focus on protecting the individual rights of the wider population in the community (Healy and Reynolds, 2018). Under the The food safety and hygiene (England) regulation 2013, social care staffs would, maintain the safe and hygienic environment surround the community in terms of protecting them from different infectious disease.

Minister of Public Health, England, focuses on the fact that NHS staffs would provide the bias-less and anti-discriminatory framework (Norwich and Eaton, 2015). Under the Public Health Act of 1994, the health and social care practitioners would focus on equal care and support to all the service users.

Public health providers are highly skilled in terms of determining the actual needs of the service users (McIntosh, 2016). Based on CQC regulation, health and social care practitioners are obliged to maintain integrity and transparency into their practice.

Moreover, DOH and Minister of Public Health, England makes it obligatory for the UK based public health practitioners to offer respect, dignity and compassionate care to all the health and social care staffs.

Relationship between the key legislation and the national policies of eth health and social care:

According to Starr and Szebehely (2017) in health and social care, national policies is considering as the sets of decisions and rules, formulated by the judiciaries, to improve the health and wellbeing of the community. On the other hand, the legislation is statutory laws and acts that are developed by government in terms of setting the legal obligation of the individuals.

There are different key legislation s associated with eth health and social care such as:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
• Care Act 2014
• Health and social care act (2012)
• Equality Act 2010
• Social Values act (2012)
• Mental Health act (1983)
• The food safety and hygiene (England) regulation 2013

All these key legislations assist the health and social care staffs to follow the decisions and rules that are mentioned in eth national health care policies. Humphries (2015) states that, Public Health Policy, England, is set to assist eth health and social; practitioners to understand the actual reason behind setting the legislations. Through formulating and implementing the health and social care policies, NHS emphasize on maintaining all the laws and acts in the proper manner.

Health and Social Care Policy (2010-2015) is set by the UK government in order to assist the public health practitioners to follow the statutory laws and acts associated with eth health and social care.

Ethical dilemmas and the ways to deal with these dilemmas for adhering the codes of practices:

As stead by Petersen et al. (2018), ethical practice is health and social care is the standard of professional conducts, that the health and social care staffs need to uphold as well as implement during their practice. Ethical practice promotes the integrity, transparency and trustworthy relationships in the health and social care framework. Based on CQC and NHS guidelines, health and social care staffs are obliged to maintain the ethical and moral standard of their professional in terms of promoting the integrity, honesty and genuineness of their profession.

Ethical dilemma in healthcare is the moral distress of the health and social care staffs which arise due tom different reason such as

• Conflict among the staffs, doctors and patients
• Refusal of treatment by patient
• Withdrawal of end care for critical patient
• Fights between the equal treatment and VIP treatment
• Opinion mismatch with the patients

All this abovementioned causes pose severe moral stress on the health and social care staffs. They are unable to decide what they should do during the situation of ethical conflict. If they go with the moral and ethical values, it may affect the overall practical needs of the patients and doctors. Therefore, it is difficult for the health and social care staffs to health with this ethical dilemma.

There are different ways through which health and social care staffs can deal with the ethical dilemmas

• By supporting the nursing codes of ethics, it is possible to make the health and social care staffs aware about the healthcare codes of practices and laws.
• By offering the ongoing education to nurse, health and social care staffs, UK government is going to assist them to improve their decision-making ability. This ability will, assist them to cope with the ethical dilemmas,
• By creating positive and appropriate environment for the healthcare staffs, it is possible to allow them to represent their viewpoint.
• By encouraging the healthcare staffs to involve into challenging task, it is possible to improve the problem-solving ability of nurse and healthcare staffs. Though this ability they can take better decision to deal with ethical issues.

Evaluate the national system of the government:

Public Health Policy (2010-2015) is the one of the important health and social care policy oif UK government which is important for the health and social care staffs in many ways:

• It assists the health and social care staffs to be aware about their responsibilities, Codes of conducts and professional standard.
• The National Health and Social Care system in UK also assist the health and social care staffs to understand their limitations and legislative boundaries, which they should nor crossed during their practice.
• The National government system in UK has developed the sets of rules for the healthcare staffs to improve their behaviour and attitude towards promoting the health and wellbeing of eth community.

Importance of the national governmental system:

National Health and Social Care system in UK is important for making the health and social care staffs aware about their responsibilities and legal obligations in terms of promoting the health and wellbeing of the community.

Issues arise:

Different issues arise due to the national policies which are as follows:

• Under the Equality Act (*2010), health practitioner need to offer equal care for each service users. However, different patient has different needs. Some patient are serious, whi seek special care and support, which can be considered as unethical under the act.
• Ethical rules set under the Health and Social Care Act (2012), sometimes pose ethical dilemmas on the health and social care staffs.
• Data Protection Act (1998), makes it obligatory for the healthcare staffs to maintain the confidentiality of patient’s information (NHS, 2015). However, in critical cases, healthcare staffs need to share these information with patient’s family, friends and local health acre authorities for setting better clinical process.

Better implementation of the system:”

• For better implementation of the system, the UK government neds to consider the needs of both the patient and health care staffs.
• UK government would set the acts in terms of maintaining strong healthcare framework which would provide enough space and freedom to the healthcare staffs to represent their own decision.
• National health care system in UK, needs to be implemented in such as manner which will fulfil the needs of both the health and social care staffs and the patient.

Relevant policies and legislation in health and safety:

Different health and safety policies are associated with maintaining the healthy and safe environment during working in health and social care framework.

Health and Safety at Work etc Act 1974 (HSWA), assist all the health and social care staffs to work safely to reduce the chances of any injuries.

Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), aims to prevent the chances of occupational accidents. This act makes it obligatory for the all the health and social car staffs to be highly skilled in manual handling process.

The Manual Handling Operation Regulation (1992) aims to reduce the risk of accidental hazards during at the work. Under this act the health and social care staffs would be highly professional in transferring different goods, patients and other medical instrument from one ple to another is safe manner.

Health and Safety Executives (HSE) are responsible for improving the knowledge and expertise of the health and social care staffs in terms of maintaining the safe and healthy environment.

Human rights Laws in England and its implementation:

Under the Human Rights Act 1998 (c42), public health practitioners need to focus on the individual rights of each service users.

• Under this act, HSE would assure that service users are provided with proper healthcare facilities which are important for fulfilling their basic needs (Humphries, 2015).
• Under the Human Rights Act 1998 (c42), the health and social care staffs are associated will assure the equal rights and entitlements for all the service users.
• Moreover, the health and social care executives, would provide the awareness to service users regarding their own rights and deserving facilities that is important for improving their health and wellbeing.

Legislation and national policies in informing and responsibilities and rights of the practitioners:

There are relevant laws and policies associated with health and social care processes such as:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
• Care Act 2014
• The Fundamental Standards (Regulations) 2014
• Criminal Justice and Courts Act 2014.
• Health and social care act (2012)
• Equality Act 2010
• Social Values act (2012)
• Mental Health act (1983)
• The food safety and hygiene (England) regulation 2013

All these laws and policies are associated with maintaining the proper health and social care framework. These acts assist the health and social care staffs to offer the compassionate care and support to the service users. Petersen et al. (2015) states that, Health and social care staffs are obliged to maintain the patient-centred care process, in which they can understand the actual needs of the patient. Under the abovementioned acts, public health practitioner focuses on the individual rights and basic needs of the service users.

Reference list:

• Betancourt, J.R., Green, A.R., Carrillo, J.E. and Owusu Ananeh-Firempong, I.I., 2016. Defining cultural competence: a practical framework for addressing racial/ethnic disparities in health and health care. Public health reports.
• Carter, P., Laurie, G.T. and Dixon-Woods, M., 2015. The social licence for research: why care. data ran into trouble. Journal of medical ethics, pp.medethics-2014.
• DeVoe, J.E., Bazemore, A.W., Cottrell, E.K., Likumahuwa-Ackman, S., Grandmont, J., Spach, N. and Gold, R., 2016. Perspectives in primary care: a conceptual framework and path for integrating social determinants of health into primary care practice.
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• Healy, S. and Reynolds, B., 2018. Social policy in Ireland: principles, practice and problems. Self.
• Humphries, R., 2015. Integrated health and social care in England–progress and prospects. Health Policy, 119(7), pp.856-859.
• McIntosh, A.M., Stewart, R., John, A., Smith, D.J., Davis, K., Sudlow, C., Corvin, A., Nicodemus, K.K., Kingdon, D., Hassan, L. and Hotopf, M., 2016. Data science for mental health: a UK perspective on a global challenge. The Lancet Psychiatry, 3(10), pp.993-998.
• Norwich, B. and Eaton, A., 2015. The new special educational needs (SEN) legislation in England and implications for services for children and young people with social, emotional and behavioural difficulties. Emotional and Behavioural Difficulties, 20(2), pp.117-132.
• Petersen, I., Marais, D., Abdulmalik, J., Ahuja, S., Alem, A., Chisholm, D., Egbe, C., Gureje, O., Hanlon, C., Lund, C. and Shidhaye, R., 2017. Strengthening mental health system governance in six low-and middle-income countries in Africa and South Asia: challenges, needs and potential strategies. Health policy and planning, 32(5), pp.699-709.
• Starr, M. and Szebehely, M., 2017. Working longer, caring harder–the impact of'ageing-in-place'policies on working carers in the UK and Sweden. International Journal of Care and Caring, 1(1), pp.115-119.
• World Health Organization (WHO, 2018. Health literacy. The solid facts. Self.