LO3 unit 2 H&S

  • Created by: Kiri-Rose
  • Created on: 07-02-19 19:58

legislation definition


It provides individuals with rights to which they are entitled through laws passed by paliament. As law is upheld by courts 

The government uses legislation to create regulatory arrangements for monitoring care organisations and to set standards for service delivery 

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the care act 2014

this act relates to those being assessed or recieving social care and their carers 

  •  duty on local authorities to promote an individuals 'wellbeing' when making a decision about an individual e.g. personal diginity, protection from abuse, physical, mental and emotional health 
  • continuity of care must be provided if someonemoves from one area to another, so that there will be no gaps in care or support
  • duty on local authorities to carry out child's need assessments for young people when their is likely needs to be a need for care
  • an independent advocate is to be avaliable to faciliate the involvement of an adult or carer
  • adult safeguarding 
  • local authorities have to guarentee preventative services which could help reduce or delay the development of care or support 
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the health and social care act 2012

this act is underpinned by 2 main principles:

Enabling patients to have more control over the that they recieve 

Those responsible for patients care have the freedom and power to commison care that meets loacl needs 


  • no decison about me without me is intended to be the guiding principle by which patients are treated; patients will be able to choose
  • clinical commissioning groups are GP-led bodies that commission most health services 
  • health and wellbeing boards will bring together health and social care commissioners, councillors and representatives to promote joint working and tackle inequalities 
  • public health:increased focus on prevention with local councils taking over responsibility for public health services 

HEALTHWATCH is an independent service creathed by this act, which aims to protect the interests of all induviduals in the services 

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the equality act 2010

this act simplified existing laws like sex discrimination act, race relations act and disability discrimination act 


  • makes direct and indirect discrimination on the basis of a protected characteristic illegal 

Nine protected characteristics are: Age, Disability, Gender reassingment, Marriage&civil partnership, Pregnancy, Race, Religion, Sex, Sexual orientation

  • prohibits discrimination in education, employment, access to goods and services & housing 
  • covers victimisation and harrassment on the basis of a protected characteristic
  • reasonable adjustments have to be made by employers or providers of goods & services for those with disabilities 
  • women have the right to breastfeed in public place 

discrimination due to association is now an offence 

pay secercy clauses are now illegal 

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the mental capacity act 2005

this act provides a legal framework setting out key principles, procedures and safeguards to protect and empower those who are unable to make some of their own decisions 

it has 5 statutory principles 

1. a presumption of capacity-every adult has the right to make their own decision and myst be assumed to have capacity to do so unless proved 

2. support to make own decisions -a person must be given all practicable help before anyone treats them as not being able to make a decision 

3. unwise decisions- people have the right to make what others may regard as an unwise or eccentric decision. everyone has their own belieft, preferences and values 

4. best interests- action taken  ons made under the Act or on behalf of a person who lacks capaity must be done in their best interest 

5. less restrictive option- anything done for a person who lacks capacity should be least restrictive of their basic rights & freedom 

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the children act 2004

key aspect's:

  • protecting children at risk: may involve taking a child away from their family using an emergency protection order 
  • the paramount principle is that the child's needs must come first 
  • children have a right to an advocate 
  • child has a right to be consulted 
  • children still have universal ambitions whatever their backgrounfd and circumstances e.g. safety, being healthy, enjoying and achieving etc 
  • encourages partnership working 

the act created the children's commissioner and set up children's safeguarding boards to represnt children's interests 

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the data protection act 1998

the act states that info and data should be:

  • processed fairly and lawfully 
  • used only for the purpose of intention 
  • adequate and relevant but not excessive  
  • accurate and kept up to date
  • kept for no longer than is neccesary 
  • processed in line with the rights of the individual 
  • secured: only authorised people should be allowed access
  • not transfered to other countries: info mnot transferred outside the EU unless the service user has been given consent 
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national initiatives

these guide providers of health, social care and child care environments and practitioners about their roles, rights and responsibilities 

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national initiatives- the care certificate 2014

the care certificate consists of set of standards that health and soclai care workers must follow in their daily working life 

it provides clear evidence to employers, patients and people who recieve care and support that the workers in front of them has been assessed against a specific set of stadards and has demonstated that they have the skills, knowledge and behaviours to ensure that they provide compassionate and high-quality care and support

its mainly for 'unregulated' job roles such as a physiotherapist 

some of the 15 standards:

-understand your role                      -health and safety 

-duty of care                                    -basic life support 

-equality and diversity                     - handling information 


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quality assurance

external bodies, are involved in regualting and inspecting the quality of health, social care and child care environments 


  • CQC
  • ofsted 
  • EHRC
  • NICE
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care quality commission CQC

CQC (Care Quality Commission) is the regulation of health and social care for England.                                                       CQR monitor, inspect and regulate services to make sure they meet fundamental standards of quality and safety and they publish what we find, including performance ratings to help people choose care.

  • They register and licence care services to ensure essential standards of quality and safety are met.
  • It carries out inspections of health and social care settings to monitor that the care provided continues to meet the standards required.
  •  It publishers inspections inspection reports that rate care settings from ‘outstanding’ to ‘inadequate’.
  •  It issues warning notices and fines if standards are not met.  

the fundamental standards:

person-centred care     safety                                    good governance                     staffing 

dignity and respect      safeguarding from abuse       premises and equipment        duty of candour 

consent                       food and drink                        complaints                              display of ratings 

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Ofsted is the Office for Standards in Education, Children’s Services and Skills. They inspect and regulate services that care for children and young people, and services providing education and skills for learners of all ages. It is also a non-ministerial department.They carry out inspections off settings and ranks them from ‘outstanding’ to ‘inadequate’.

actions of inspections include :

  • Effectiveness of leadership and management
  • Quality of teaching, learning and assessment  
  • Personal development, behaviour and welfare
  • Outcomes for children and learners
  • Effectiveness of safeguarding

responsibilities of ofsted :

  • inspecting maintained schools and academies, some independent schools, and many other educational institutions and programs outside of higher education
  • inspecting childcare, adoption and fostering agencies and initial teacher training
  • publishing reports of our findings so they can be used to improve the overall quality of education and training
  • regulating a range of early years and children’s social care services, making sure they’re suitable for children and potentially vulnerable young people
  • reporting to policymakers on the effectiveness of these services
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EHRC- equality & human rights commission

The Equality and Human Rights Commission is Great Britain’s national equality body and has been awarded an ‘A’ status as a National Human Rights Institution (NHRI) by the United Nations.

Their job is to help make Britain fairer. They do this by safeguarding and enforcing the laws that protect people’s rights to fairness, dignity and respect.

EHRC (Equality and Human Rights commission) has a website that provides information, advice and guidelines about discrimination.

  •  It provides definitions of different types of discrimination 
  •  It gives advice on how you can decide if what happened was against equality law.
  •  It suggests ways to sort out the situation with the person or organisation
  •  It produces factsheets about discrimination based on the nine protected characteristics 
  •  It advises on how to make a discrimination complaint 
  •  It provides information about how to take a case to court
  • It provides contact details for a telephone equality-advisory and support-service helpline  

The Commission is:

1. A catalyst for change           3. An influencer         5. An enforce

2. An information provider.      4. An evaluator

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NICE- national institution for health and care exc

They work actively with researchers, funders, charities and policy organizations to achieve high-quality, impactful research. Our aim is to keep improving how NICE works, and to anticipate and adapt to policy developments and changes in health and social care delivery.

 The main responsibilities of NICE (National Institute for Health and Care Excellence) are:

  • To assess new drugs and treatments available
  • To provide evidence –based guidelines on how particular conditions should be treated
  • To provided guidelines on how public health and social care services can best support people
  • To provide information services for those managing and providing health and social care
  • To improve outcomes for people using the NHS and other public health and social care services

NICE considers whether a drug or treatment:

  • Benefits patients
  • Will help the NHS meet its targets, for example by improving cancer survival rates?
  • Is good value for money and cost-effective
  • Should be available on the NHS   
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impacts of legislation and national initiatives

person-centred approach to care and provision and individual needs met:

they are focused on promoting and protecting the roghts and needs of the individual.This allows allows individuals using the services to say what is important to them, it gives them more control and imroves their quality of life.  


how a carer encourages an individual to make informed choices and decisions so that they can take control of their own life. setting that use the care certificate will empower individuals to make their own informed decsions.

accessible services:

the equality act has led to reasonable adaptions bing made to the care environments to accomodate disabilities whether these are mental, physical or sensory. these hep make setting accessible for all.

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impacts of legislation and national initiatives

provides a system of redress:

if rights are breached then the law can be  enforced by taking legal action through the courts so that individuals have their rights restored or the person/ organisation breaking the law is penalised 

clear guidelines for practitioners to follow:

mental capacity act-makes it clear who can take decisions, in which situations and how they should go about it 

data protection act-provides detalied regualtions about how to handle individuals in the environments 

staff selection:

in interviews cndidates should be given the same questios and chances and not discriminated against. they should relate to the job requirements and the skills they can offer 

the interview pannel should be trained in equality and diversity to avoid any bias or discriminatory practice 

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impacts of legislation and national initiatives

raises standards of care:


  • promotes service improvements
  • ensures services focus on the interests of their users 
  • identifies good practice 
  • identifies areas for improvements 

the CQC-

  • registers services 
  • monitors and inspects 
  • awards ratings 
  • sets out the standars of care required 
  • publishes inspection reports 
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impacts of legislation and national initiatives

organisational policies:

benefits for the individual requiring care/support-

  • help prevent them being discriminated against 
  • ensure they are treated fairly 
  • promote oppotunities 
  • help feeling of empowerment and valuement 

benefits for the care worker-

  • help them do their job more effectively 
  • guide them on good practice and help them to provide quality care 
  • protect them if followed policy 
  • ensure they are all working to same high standards

benefits for th eorganisation-

  • helps provide a quality service 
  • ensure staff are working within the aw 
  • help organisation run smoothly/effectively 
  • protects against complaints and help repuation develop 
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