Unit 3 Health and Social Care legislations Assignment

Program	Diploma in Health and Social Care
Unit Number and Title	Unit 3 Health and Social Care legislations
QFC Level	Level 5

Introduction

Health of people and their welfare is very important aspect for UK economy as in the level of efficiency and effectiveness of the policies, legislations and regulations can be evaluated.The welfare and empowerment can be treated as the baseline for economy of UK.This sector works to empower every sector of UK and help in their growth.  Health and social care  legislations report is about identifying and analysing all the legislations and policies established for the empowerment of the users and the sector skill standards of the HSC sector. We will redesign and review these policies and effectiveness of their applicability in this sector.

Task 1

1.1 Explain how current legislations and sector skills standards influence organisational policies and practices for promoting and maximising the rights of users of HSC. You are to give examples of legislations and sectors skills standards to support your explanation.

Wellbeing and effective health of people is the fundamental and supplement in the growth of the economy of the UK. There are several legislations and sector skill standards which are effectively influencing the practices and policies of organisations which are helping in the empowerment of users by maximising their rights of empowering themselves. To explain the current regulations and policies and standards which can be treated as benchmarks is important to understand them (FOTAKI, 2011).

Legislation- Legislation can be defined as the process to establish any law or regulation in the country. It is essential for every country to establish legislation to be followed to control activities in the country (Howarth, et. al 2016). Legislations are made by passing the bill in the parliament of UK. There are various legislations for the empowerment of rights of the people of UK, these are as follows.

• Health services and Public Health Act 1968
• Power of Attorney Act 1971
• Children Act 1989
• Disability Discrimination Act 1995
• Data Protection Act 1998
• Human rights Act 1998
• Equality Act 2010
• HSC Act 2001, 2008, 2012

Sector skill standards- These can be defined as the standards set for executing all the activities in this sector. These standards are the benchmarks which should be followed by the organisations in their policies and procedures to empower the rights of the users.

There are various rights of the users which are empowered by effective legislation and policies of organisations. The following are the case studies which defines the impact of legislation on the organisational policies and procedures (Fleming, et. al 2012).

• Individual rights- Margaret has been diagnosed with the symptoms of breast cancer and she make a stand for her to fight with the disease by taking appropriate treatment. She made request to the local primary care trust for sponsoring her treatment and her request has been denied because the treatment was expensive. She decided to goin the court for her rights.
• The rights of children like to heard, safety and security, enjoy and achieve, positive consideration, considering their wishes, confidentiality of their records and information should be considered.
• In the first placement of Matt at Sure Start Centre he has faced many challenges. Every child was getting proper guidance except Josie. She belongs from a traveling family where his family lives in the caravan. The staff do not accepted that girl as in they do not support the lifestyle of her family. In this case the right of equality is harmed of individual and discrimination is there in the case.
• Rejection for apprenticeship at a local hairdresser on the basis of the hijab which is wear by the applicant. Because the owner thinks that every staff member should wear a trendy hairstyle to attract the clients (Fleming, et. al 2012).

1.2 Analyse factors that promote and maximizes the rights of users of HSC.

It is essential to empower the people who need care and health by giving them opportunities and maximizing their rights. This helps in the increasing the effectiveness of the activity if the organisations working for the HSC in UK. To identify the factors which can help in enhance the health status of the needed people we will understand empowerment. Empowerment can be defined as to enhance the rights of the users of HSC. There are various factors which influence and develop the rights of under privileged peopleas follows (Jackson, et. al 2014).

Policies- Policies are the principals and approaches to be followed in any  business organisation  and working area which is a protocol or code of conduct which helps in achieving the outcomes.Policies are different from legislations as in legislations are the laws applicable on the country and policies are the protocols which helps in eliminating the negative outcomes. There are various policies which are adopted by the organisations to be followed to empower the users of the HSC. For example making ramps in the campus and working stations for the use of handicapped using wheelchair and ensuring the rights of individuals by the way of providing them extra facilities and resources.

Procedures- Procedures are designed to achieve the results of the policies and supports the policies to ensure the empowerment of the users of HSC. It is the way and framework to execute the policies in the work station and organisation (Jackson, et. al 2014).

1.3 Analyse how communication between care workers and individuals contribute to promoting and maximising the rights of service users of HSC services.

There should be clear and appropriate communication between service providers and individuals to maximise rights of people adopted the servicesof HSC. In case of ineffective communication it becomes difficult to identify the needs and requirements of the users and provide them appropriate treatment. There are different methods and techniques for the making the communication more effective between the workers and users of HSC services.Theories which are scientific, descriptive or objective and conflict are used in the communication in the HSC. Cognitive theory is the instant theory which is developed instantly according to situation and based on the phycology of the worker and users of the HSC. There are different communication methods are used to empower the rights of the users of HSCthrough skills, knowledge and experience. For selecting the best tool scientific analysis of human behaviour and phycology is done through different tools and techniques (Gray, et. al 2012).

Task 2

2.1 explain factors that may contribute to loss of independence, non-participation and social exclusion for vulnerable people.

There are different factors which may contribute to loss of independence, non- participation and social exclusion. Some of them are explained as follows.

• Health and physical issues- This is one of the most important issues of dependency and social exclusion of people like Mrs Smith. People who are having serious health issues like paralyses, mental disease, and other physical problems become dependent on others for all the activities of their life. This leads to loss of independence and chances of social exclusion (BROSNAN, 2012).
• lack of roles and responsibilities- In case of the retired people like Mrs Smith they faces the problem of lack of responsibilities and roles towards the society as in they do not have anything to do which makes them less independent and lack of engagement in the society.
• Constraints- People like Mrs Smith are facing the problem of being dependent on others which is leading towards lack of confidence and independence. They are losing the power and opportunities to take decisions for them and empower their lives.
• Treated as Burden due to lack of resources- People like Mrs Smith are treated as burden in their families and by their children in case lack of resources. Lack of affection and belongingness can also cause social exclusion (BROSNAN, 2012).
• Change in behaviour- People may face changes in their behaviour due to their age and mental illness. This also leads to social exclusion and loss of independence.

2.2 Analyse how organisational systems and processes are managed to promote participation and independence of users of HSC services.

The organisational policies and processes should be in order to empower the independence of users of HSC. This can be done by analysing their social, physical, mental, and intellectual needs,maintaining confidentiality, providing opportunities to  decision making  and choices to select. For empowering the ability not to be dependent and promote engagement level of consumer of HSC they should be given opportunities to take risk for making decisions for their life and analyse advantage and disadvantages of the factors involved in their life decisions. Giving them opportunities to communicate and develop relationships with others and carry their religions and cultures for self-satisfaction. In the given scenario Mrs Smith who is suffering from being dependent on others and excluded from society, should be given opportunities to take her decisions and analyse things which can influence her life. Consultation, interactions with others, support and required facilities must be provided by analysing the requirements of her. This can help in empowering the rights of Mrs Smith (Fleming, et. al 2012).

2.3 Analyse the tensions that arise when balancing the rights of the service user to independence and choice against the care provider’s duty to protect the service users.

Dilemmas can be arising between rights of users of and responsibility of service executers in balancing the rights of the users of HSC. When freedom to take risk is provided then the health and safety issues emerges of the users of HSC. In case opportunity of taking decisions and analysing things are provided then there emerges the issue of security and wellbeing. In case of Mrs Smith if chances given her to be independent and let her do all the activities of her daily routine then it will be a risk for health. People suffering from any mental disease or illness can take decisions which can harm them and will be proved as a mistake. So for balancing the empowerment of rights of the service users and duty of care providers to protect them, there must be considered the safety and security first by the care providers of the users of HSC then their independence and empowerment of rights (Matthies, et. al 2014).

Task 3

3.1 Use a case study from the HSC setting to identify the extent to which individuals are at risk of harm. Summarise your discussions and use it to develop a poster.

3.2 Analyse the effectiveness of policies, procedures and managerial approach within a health or social care setting for promoting the management of risks.

Task 4

4.1 Review current legislation, codes of practice and policy that apply to the handling of medication.

It is a serious concern for the HSC users to get effective medication in appropriate manner. In a country like UK giving inappropriate doses and wrong medication is one of “never events”. There are different acts, legislations, and policies and procedures which handles medication in the country. These  business law  and regulations helps in handling and managing the records and storage and usage of the medication. There are some code of conducts and standards to use which should be followed to ensure the safety and welfare of the users of HSC. For administering and managing activities of the doctors, surgeons, nurses and pharmaceutics a legal framework is provided by the Medicines Act 1968. According to this act every supplier must have licence to sale the medicines and should not sale the restricted drugs. Misuse of drugs and related activities are handled in the Drug Act 2005 and misuse of drug act 1986 (Greve, et. al 2014). A drug should be given only by prescription according to this act to prevent from misuse.Care Standard Act 2000 and Nursing and Midwifery Council Publications are some other legislation which must be considered for the safety of achiever of HSC (Scott, et. al 2013).

4.2 Evaluate the effectiveness of policies and procedures within a HSC setting for administering medication.

There are established and following various policies and procedures within a HSC setting for administering medication. These policies are focusing on the effective record and management of the medication to deal with any complications arises in future. Any drug can be supplied to the licenced supplier and must be given on the prescription of the doctor. The number and amount of dose should appropriatelyconsider while giving any medication.Medical abbreviations should be used in the prescriptions which can be understand by the medical professionals and representatives and it saves times and increase confidentiality. The nurses are not allowed to get the medicines. All the legislations and acts are considering by the medication administrators in their policies and procedures which are helping in decreasing the ratio of death and any complexity due to wrong and inappropriate medication (Dziegielewski,  2013).

Conclusion

The study is about the empowerment of under privileged people. It is crucial to ensure the rights of users and make efforts to maximise their independence and freedom. In the study we have understand the policies and legislations which are working in the empowerment of the users and redesign and review is done in these policies to maximise the rights to provide independence and confidence to them.Ways to maximise independence, participation and health of the user is explained in the report and problem of social exclusion is considered as a serious problem. Medication management and administration is also explained with the effectiveness of the legislation and policies and procedures.

References

Bell, M. 2011, Promoting Children's Rights in Social Work and Social Care: A Guide to Participatory Practice, Jessica Kingsley Publishers, GB.
BROSNAN, L. 2012, "Power and Participation: An Examination of the Dynamics of Mental Health Service-User Involvement in Ireland", Studies in Social Justice, vol. 6, no. 1, pp. 45-66.
Dziegielewski, S. 2013, The Changing Face of Health Care Social Work : Opportunities and Challenges for Professional Practice, 3rd edn, Springer Publishing Company, New York.
Fleming, J. & Boeck, T. 2012, Involving children and young people in HSC research, Routledge, New York;London;.
Fleming, J. & Boeck, T. 2012, Involving children and young people in HSC research, Routledge, New York;London;.
FOTAKI, M. 2011;2010;, "TOWARDS DEVELOPING NEW PARTNERSHIPS IN PUBLIC SERVICES: USERS AS CONSUMERS, CITIZENS AND/OR CO?PRODUCERS IN HSC IN ENGLAND AND SWEDEN", Public Administration, vol. 89, no. 3, pp. 933-955.
Gray, B., eBook Library (EBL) & Ebooks Corporation 2012,Face to face with emotions in HSC, 1. Aufl.;2012;1; edn, Springer, New York, NY.
Greve, B., Professor & Sirovátka, T., Professor 2014;2016;,Innovation in Social Services: The Public-Private Mix in Service Provision, Fiscal Policy and Employment, New edn, Ashgate Publishing Ltd, GB.
Howarth, S., Morris, D., Newlin, M. & Webber, M. 2016, "HSC interventions which promote social participation for adults with learning disabilities: a review",British Journal of Learning Disabilities, vol. 44, no. 1, pp. 3-15.
Jackson, A.C. & Segal, S.P. 2002;2014;, Social work health and mental health: practice, research, and programs,Haworth Social Work Practice Press, New York.
Matthies, A. & Uggerh²j, L. 2014, Participation, Marginalization and Welfare Services: Concepts, Politics and Practices Across European Countries, New edn, Ashgate Publishing Ltd, GB.
Scott, I. & Spouse, J. 2013, Practice Based Learning in Nursing, HSC: Mentorship, Facilitation and Supervision, 1. Aufl.;1; edn, Wiley-Blackwell, GB.