Legislation Health and Social Care free essay sample

In this document you will find an overview of some of the Government Policy and legislation which has an impact on workers in health and social care settings. You will be able to identify the legislation that most affects the work you do, and will have a broad understanding of the International, European and UK Government policy that has an impact upon the way we must work. Plans for genuine partnership working between health and social services lie at the heart of the governments strategy to modernise the management and delivery of social care. The emphasis is upon empowerment, person centred planning, public protection and a well trained and regulated workforce to deliver quality services. You will see the trends in the following pages as legislation, policy and guidelines all reflect the same aim. There will often be differences between the four countries of the UK as devolution has enabled each country to focus upon their own priorities. We will write a custom essay sample on Legislation Health and Social Care or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page How devolution affects health and social care workers Devolution is the process by which power has been transferred from Westminster to three countries of the UK. The framework for devolution is laid down in the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998. There are different levels of devolved responsibilities for each country. Scotland has a Parliament and an Executive based upon the Westminster model. Under the Scotland Act 1998, the Parliament can pass Acts and the Executive can make secondary legislation in many areas. Under the Government of Wales Act 1998, powers in certain areas have been delegated to the National Assembly for Wales. The Assembly can make secondary legislation in these ‘devolved areas’, but primary legislation for Wales is still made by the UK Parliament. Devolution in Northern Ireland is linked closely to the success of the peace process; issues with this have led to the Assembly and Executive being suspended several times. When in operation the Northern Ireland Assembly can make primary and secondary legislation in ‘delegated areas’. This means that although in health and social care the four ountries do work closely together, there will often be different priorities, policy and guidance, depending on where people live and work, as each country will define its own way forward based on research which identifies the needs of individuals in their country. This can be confusing for people who live on the borders of Scotland or Wales, where there are often conflicting requirements in terms of qualification requirements for staff or differences in National Service Standards. It is important to make sure that any legislative requirements, White Papers, policies or guidance you use to underpin your work are the right ones. The White Paper Modernising Social Services set the scene for developments that have changed the face of social care in England over the past few years. You will see common themes, which underpin the ethos of legislation, growing in strength and being reflected in the way service provision is delivered. As you read through the next few pages and identify the parts that are most relevant to the area in which you work you will find everything emphasises empowerment of individuals receiving services, public protection, flexible needs led services, Health Social Care NVQs Legislation England partnership and a service that centres upon the needs of each individual. All of this depends upon the UK having a well trained and regulated workforce. Modernising Social Services The White Paper ‘Modernising social services promoting independence, improving protection, raising standards’ was published on1st January 1998. It outlined the governments plans for modernising social service provision, emphasising the importance of promoting independence, public protection and ensuring the delivery of quality services for adults and children. It also introduced a new system of regulation, workforce standards, and the establishment of a General Social Care Council. It emphasised the importance of partnership with the NHS and non-statutory bodies, and produced a framework for cooperation between local authorities and central government to promote the delivery of efficient, high quality services. Branded the ‘third way’ for social care, it identified important ‘key principles’: ? care should be provided to people in a way that supports their independence and respects their dignity. People should be able to receive the care they need without their life having to be taken over by the social services system. services should meet each individuals specific needs, pulling together social services, health, housing, education or any others needed. And people should have a say in what services they get and how they are delivered. care services should be organised, accessed, provided and financed in a fair, open and consistent way in every part of the country. hildren who for whatever reason need to be looked after by local authorities should get a decent start in life, with the same opportunities to make a success of their lives as any child. In particular they should be assured of a decent education. every person child or adult should be safeguarded against abuse, neglect or poor treatment whilst receiving care. Where abuse does take place, the system should take firm action to put a stop to it. people who receive social services should have an assurance that the staff they deal with are sufficiently trained and skilled for the work they are doing. And staff themselves should feel included within a framework which recognises their commitment, assures high quality training standards and oversees standards of practice people should be able to have confidence in their local social services, knowing that they work to clear and acceptable standards, and that if those standards are not met, action can be taken to improve things. ? ? ? ? ? ? Useful web site www. archive. official-documents. co. uk/document/cm41/4169/chap-1. htm Health Social Care NVQs Legislation England Equality Legislation Over the past 30 years a number of different pieces of equality and equality related legislation have been introduced. You are not expected to become an expert on any or all of them. The following section summarises the key legislation and principle concepts, which you are most likely to encounter and find useful on a day-to-day basis. The Equal Opportunities Commission works to eliminate sex discrimination in 21st Century. The organisation promotes equal chances in life for women and men. They provide up-to-date information for all Four Nations of the UK, their web site is an excellent resource for equal opportunities can be found at the following address: http://www. eoc. org. uk Arndale House, Arndale Centre Manchester M4 3EQ Email: [emailprotected] org. uk Fax: 0161 838 1733 Tel: 0845 601 5901 The Sex Discrimination Act 1975 This Act protects people from discrimination on the grounds of sex and marital status. Exceptions to the Act include genuine occupational requirements. The Act applies to both men and women. The inclusion or marital status was an important feature of the Act. The reason for including this alongside gender is to prevent employers from making, and acting upon, assumptions that married women are more likely to have child care responsibilities and are therefore less reliable or less committed employees. Further information can be found on: www. pfc. org. uk/legal/sda. htm 36 Broadway London SW1H 0BH Email: [emailprotected] org. uk Tel: 0207 222 1110 Fax: 0207 222 2771 Health Social Care NVQs Legislation England Equal Pay Act 1976 The Equal Pay Act gives women (or men) a right to equal pay for equal work. The equal pay code is aimed at employers, but employees and employee representatives may also find it useful. The code aims to help employers, employees and their representatives by giving practical guidance on how to ensure pay is determined without sex discrimination. The Act applies to both genders, full, part time, or casual or temporary workers regardless of length of service. The Race Relations Act 1976 This Act protects people from discrimination on the grounds of race, colour, nationality and ethnic or national origins. The Act defines racial discrimination as less favourable treatment on racial grounds and identifies several ways in which such treatment may occur. A person racially discriminates against another if: ? ? He or she treats the person less favourably than he or she treats, or would treat another person on racial grounds or He or she applies a requirement or condition to that other person which is such that the proportion of the person’s racial group which can comply with it is considerably smaller than the proportions of persons not of their racial group Further information can be found on: www. omeoffice. gov. uk Victimisation Victimisation is unlawful, it occurs when another person is treated less favourably because they have made or intend to make a complaint or may have assisted another person in making a complaint of discrimination. A person has the right to make a complaint without prejudice to their existing, potential or future equal opportunities. Direct discrimination To treat a person less favourably than another person is or would be treated in the same or similar circumstances on racial grounds is known as direct discrimination. The motive or intention behind the treatment doesn’t matter. For example, it would be unlawful for a nursing home to refuse to admit a person simply because he or she is black, white or Asian or because of the colour of his or her skin. Indirect discrimination An example of indirect discrimination is when an employer tells an employment agency that his care setting only wanted people who spoke good English without a foreign accent. Although the employer did not specify that he would employ white people only, the effect of the condition was to exclude many people from minority ethnic groups and is unlawful. Further information can be found on: www. racialjustice. org. uk/Indirect%20Discrimination. htm Health Social Care NVQs Legislation England Race Relations Amendment Act 2000 This Act places a statutory obligation on all public bodies to develop a race equality policy and action plan, not only to eliminate race equality but proactively to promote equality between different racial groups, to assess the impact of all its policies on staff and students from different racial groups, to ensure that all staff are trained in their duties regarding promoting race equality.