Understanding the Legal and Ethical Framework in Health and Social Care

Assignment Brief

You are supposed to make a brochure in this paper that deals mainly with the legal framework within the health and social care practitioners. Additionally, you have to explain the following elements in detail:

• How the legislature, the executive and the judiciary set the legal and policy landscape for health and social care practitioners.

• Important characteristics of legislation, statutory guidance, codes of practice, and national and organisational policy.

• What are key legislation, national and organisational policy of fundamental importance to the health, care or support service practitioner?

• The law in accordance with the main ethical and professional practice themes in the domain of health and social care.

• Law and policy with respect to regulatory and ethical requirements in a relevant practice environment.

• How ethical considerations have informed the legal and policy landscape in own nation with respect to the work of health, care or support service practitioners.

Instructions

Part A 

LO1 Explore the legal framework within which health and social care practitioners

Scenario:  

The Francis Independent Inquiry (2010) into patient deaths at the Mid-Staffordshire NHS Trust found several appalling failures in the standards of care to patients. These failures resulted in the unnecessary deaths of up 2,500 patients from 2005 – 2008. The inquiry report found several instances where patient safety was severely compromised and directly resulted in the deaths of patients. This will give you an understanding about exploring relevant law and policy relating to the evidence presented in the enquiry regarding patient safety as related to how health and social care practitioners operate.  

You are asked to prepare a brochure for the next induction of healthcare practitioners on how the national government, and the structures within impact on the work of healthcare practitioners. The relationship between ethics in practice and national and local structures of governance within which healthcare practitioners operate must be considered. 

You are required to describe the roles of the legislature, the executive and the judiciary and how they set the legal and policy landscape for health and social care practitioners within the UK. Within the brochure summarise key features of legislation, statutory guidance, codes of practice, and national and organisational policy. You must provide accurate examples of each of these, related to a broad area of health care practice. Within the brochure, you should evaluate the way these elements of the UK system of government shape and effect the provision of healthcare in your location (the country you operate). The last section of your brochure you will explain (some of which are drawn from your own experience) how ethics informs health, care and support service practice, giving practical examples from own experience and current codes of ethical practice.

Within the overall, the brochure should have flow and continuity, and be suitable for inclusion into an induction pack for new care workers.

Guidance for the brochure

1. Open a Word document.

2. On the upper left, click the "File" menu.

3. In the left vertical column, click the "New" tab.

4. Scroll down and select ‘Brochures’ from the available templates.

5. Select "Brochures" from the available templates.

6. The brochure should be no more than four sides of A4 paper and can contain a mixture of text and relevant diagrams and illustrations.

7. The recommended word count  for the brochure is 1500 -2000 words but you will not be penalised for exceeding this.

In your brochure you must clearly demonstrates the following:

1. Describe how the legislature, the executive and the judiciary set the legal and policy landscape for health and social care practitioners.

2. Summarise key features of legislation, statutory guidance, codes of practice, and national and organisational policy.

3. Explain in detail how ethical considerations have informed the legal and policy landscape in own nation with respect to the work of health, care or support service practitioners.

4. Evaluate own national system of government in relation to its effect on health, care and support service practice and practitioner.

Part B   

This section consists of three parts (Part 1, Part 2 & Part 3) requiring you to have access to, and complete an introductory period in work placement in a suitable healthcare setting

LO2 Describe key legislation, national and organisational policy of fundamental importance to the health, care or support service practitioner

LO3 Interpret the law in relation to key ethical and professional Practice Themes in health and social care

LO4 Apply law and policy in line with regulatory and ethical requirements in a relevant practice setting

In these sections the submission will take the form of:

1. observation log

2. activity log

3. reflective practice logs

4. witness statement /record of observation of your practice in placement

Examples of these forms are in the Practical, Learning, Assessment and Development Portfolio Guide (PLAD). This section requires you to analyse and critically review how specific law, policy and standards regarding equality, safeguarding of service users and health and safety shape and guide ethical practice in your workplace setting. You must give practical examples of this in sufficient detail to demonstrate your understanding of law, policy and professional standards in ethical healthcare practice.

Part 1 (work shadowing and observation logs)   

LO2 Describe key legislation, national and organisational policy of fundamental importance to the health, care or support service practitioner   

To complete this part you are required to;

Identify and agree a period of work shadowing with a healthcare practitioner to carry out some observations in a setting. You are to describe  how legislation, policy and standards are regarding equality and safeguarding are implemented in practice, and the challenges practitioners face in carrying out their role ethically, and efficiently, whilst ensuring these governing aspects of their practice are adhered to. In your observations, you are expected to informally discuss your observations with your observee and note their responses. This will form the basis of your observation logs (observation can be done at your workplace and format is given in the end on pages 16-18).You will produce an observation log which include notes how the health care practitioner’s application of relevant legislation, national and organisational policy compare against national professional standards. Reflect on ways in terms of challenges faced by the health care practitioner to ensure the fair treatment and safeguarding of service users in their day to day tasks (format for reflective log is given on pages 25-26). Also, analyse the impact of equality legislation, policy and the notion of equity on the practice of safeguarding individuals in health, care or support services. 

Part 2 (activity logs, witness statement or record of observation)   

LO3 Interpret the law in relation to key ethical and professional Practice Themes in health and social care  

To complete this part you are required to;

Engage in a period of placement in a setting. To complete this task, a minimum level of work experience is required and this can be limited to a period of 75 hours in any health and social care placement setting that provides healthcare to individuals. As part of your work experience, you are required to complete activity logs which include notes where you explain how specific national and international human rights law influence and inform the equal and fair treatment of others in health, care and support services. The notes for your activity log (format is given on pages 19-21 while exampleis given on page 22), you should show how you implement different and relevant legislation and policy in regard to safe and healthy conduct in your own practice. Your notes should also analyse recent national healthcare legislation or national policy in informing your duties and responsibilities whilst you are providing this support, including your rights as a healthcare worker.  

In your activity logs you should reflect on ways in which specific tasks in health, care or support service practice meet national professional standards of safe and non-discriminatory practice. In your activity log, in the end, explain how specific national and international human rights law influence and inform the equal and fair treatment of others in health, care and support services (300 to 500 words).

You are expected to provide clear and relevant examples of what you have completed during your time on placement, with at least one observation log completed of your practice supported by witness statement (format is given on page 23-24) or record of observation by your supervisor in placement, that demonstrate how you implement (by using your own workplace experience explain the steps/process adopted by you and/or your employer to comply specific laws and policies to ensure safe and healthy conduct) different and relevant legislation with regards to healthy and safe practice in your own place of work. 

Part 3 (reflective practice logs)   

LO4 Apply law and policy in line with regulatory and ethical requirements in a relevant practice setting

To complete these parts you will use the observation logs and reflective logs you have produced in Part 1 and Part 2, to develop a series of reflections on your practice, and that of others. 

These reflective practice logs (format is given on pages 27-28) you will include the following main aspects:

• Describing the relationship between law, policy and ethical requirements in relation to a real case scenario in a health or care setting.

• A personal appraisal explaining the impact of equality legislation, policy and the notion of equity on the practice of safeguarding individuals in health, care or support services.

• A critical review of the ways in which specific health, care and support service practitioners working in your setting can ensure currency and compliance with relevant legislation and national policy through ethical practice, taking into account unwarranted variation.   

In your submissions, you must remember the need for absolute confidentiality. This means you need to change the details of the location, the name of the setting, as well as all details relating to patients/service users, practitioners and other staff.