Pearson
Higher Nationals in
Healthcare Practice for EnglandMarketing Research and Data Analysis
2019/2020
Unit1: Law, Policy and Ethical Practice in
Health and Social Care
| Title: Credits |
Law, Policy and Ethical Practice in Health and Social Care 15 |
| Level | 4 |
| Unit Leader: Email: |
Shareen Ayub [email protected] |
10/11 Cohort
Contents
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1. Introducton 3
2. General Informaton 3
3. Introducton & Learning Outcomes 3
4. Unit Content 4
5. Reading List & Useful Websites; Harvard referencing and Plagiarism 8
6. Assignment Briefs and Guidelines 11
7. Outline of Programme 16
1. INTRODUCTION
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This unit guide provides you with the basic informaton needed to complete the unit
successfully and consequently you should read this carefully. You will fnd a detailed
breakdown of the overall programme. A reading list is provided; however, you should not
consider this prescriptve or comprehensive. You are advised to read as widely as possible
and to endeavour to use the latest editon of published texts. Details of all assessments, and
related assessment criteria are provided.
You may fnd that many of the questons you have, partcularly in the early stages of the unit
are covered in this guide, but should you stll be unclear on any mater you should feel free
to ask.
2. GENERAL INFORMATION
The taught part of this unit will be delivered at the OLC Europe Bolton and Manchester
Campus.
There are many texts related to this unit to be found in the library at both Bolton and
Manchester Campus.
Handouts and briefng sheets will be provided in the individual sessions where appropriate
and these, along with links to other relevant informaton will be posted on “Moodle” the
College’s Virtual Learning Environment (VLE) where you will fnd a specifc page for each
HND unit.
You will be asked for informal feedback on this module during the semester and formally at
the end of the semester with a unit feedback questonnaire. Please feel free to speak openly
about your opinions of the unit.
3. INTRODUCTION & LEARNING OUTCOMES
Unit abstract
Health and social care practtoners are regulated by, and must adhere to, a range of law and
policy when working within the most common setngs of health trusts, primary care and
other public authority setngs. Even those working in voluntary, non-proft and private
organisatons will require a sound understanding of law and policy to practce profciently,
safely, ethically and legally. This unit develops students’ knowledge and appreciaton of the
need for them to be thoroughly informed about relevant law and policy. Further to this, the
unit presents opportunites for students to apply relevant law and policy in practce setngs,
both actual and realistc, and to consider the place of codes of practce and ethics in their
day-to-day work.
The Learning Outcomes in this unit build progressively from core underpinning legal
principles and perspectves to natonal and internatonal law on key topics such as rights and
equality, and subject-specifc law and policy, within health and care practce. Students will
investgate the legal and policy framework related to health and care practce in different
setngs, leading to opportunites to demonstrate their knowledge and skills through
targeted assignments.
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Students will evaluate the relatve weight of, for example, statute law, case law, codes of
practce and organisatonal policy, and will develop an understanding of how to access
advice and guidance if unclear about a path to follow. Students will consider how legal and
ethical frameworks are interpreted and applied to different setngs within the community,
hospitals and other areas of health and care.
Students will apply this learning to explore the relevance of statute, case law, codes of
practce and organisatonal policy to their own and others’ practce.
The knowledge and skills developed in this unit will support students in understanding how
and when to access advice and guidance on legal issues relatng to health, care and support
service practce and provision. On completon of this unit, students will have acquired a
good working knowledge of the way that legislaton supports the development of policy and
underpins ethical practce in health and care setngs.
This will support progression in employment and contnuing higher educaton in areas
related to health and social care.
Learning outcomes
On successful completion of this unit a learner will:
1. Explore the legal framework within which health and social care practtoners
operate
2. Describe key legislaton, natonal and organisatonal policy of fundamental
importance to the health, care or support service practtoner
3. Interpret the law in relaton to key ethical and professional Practce Themes in health
and social care
4. Apply law and policy in line with regulatory and ethical requirements in a relevant
practce setng.
4. UNIT CONTENT
Essental Content
LO1 Explore the legal framework within which health and social care
practitioners operate
Defniton of law, including the different levels of law in relaton to health and social care
practce
Legislaton
Natonal policy
Statutory guidance and regulatons
Professional Codes of Practce and Codes of Conduct
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Organisatonal policies
Relatonships between the different levels of law
Legal framework
Legal framework (as relevant to health and social care)
The role of the legislature (Parliaments and Assemblies), Executve (Cabinet
Government, Local Authorites and Health Trusts) and the judiciary (courts and
tribunals)
Introducton to case law and the role of the courts
Differences between civil law and criminal law
Legal responsibility and liability as relevant to the roles and responsibilites of
health and social care workers e.g. vicarious liability and negligence
Country-specifc examples of the above
Ethics and ethical practce
Relatonship of ethics to law in health and social care
Conduct and consent in providing care to patents, clients and service users
Regulatory and Professional Bodies’ Standards of Conduct, Performance, Ethics
and Occupatonal Profciency, e.g. the Health and Care Professionals Council’s
Standards of Profciency, The Code for Nurses and Midwives
Key features of, and differences between legislaton, statutory guidance, codes of practce,
and natonal and organisatonal policy
Enforceability
Ease of reading and applicaton
Relevance to health and social care practce
Currency
Process to amend and update
Country-specifc examples of each of the above
LO2 Describe key legislation, national and organisational policy of
fundamental importance to the health, care or support service practitioner
Introducton to key legislaton relevant to health and care practce:
Health and Safety e.g. Health and Safety at Work Act (1974)
Safeguarding e.g. Care Act (2014), Employment Mental Health Act (1983), Mental
Capacity Act (2005), NHS Act (2006), NHS Redress (Wales) Measure (2008), Mental
Health (Wales) Measure (2010)
Equality and human rights e.g. the Equality Act (2010),
Data protecton e.g. the General Data Protecton Regulatons (2019)
Structure and functon of health and social care e.g. Health and Social Care Act
(2008, 2012), Health and Social Care (Reform) Act (Northern Ireland) (2009), Social
Services and Wellbeing (Wales) Act (2014), Nurse Stafng Levels (Wales) Act
(2016).
Impact of legislaton on care service provision and the role of the health and social care
practtoner
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Natonal policy
Health, social care and community support policies situated on the country-specifc
government policy page
Effects, enforcement and sanctons of natonal policy in relaton to the role of health and
social care practtoners
Organisatonal policy
Organisatonal policy usually located on public domain website of relevant health, care or
support service provider
Principles of organisatonal policy development, subordinaton to natonal policy and law,
subject to judicial supervision, principles of natural justce, etc.
Examples of common organisatonal policies, equality, confdentality, health and safety,
conduct, lone working, disciplinary and grievance, etc.
Impact of organisatonal policy on the work of health and social care practtoners
LO3 Interpret the law in relation to key ethical and professional Practice
Themes in health and social care
Key Practce Themes
Health, Safety and Safeguarding
Valuing and Promotng Diversity, Difference and Inclusion
Promotng Physical and Mental Health and Wellbeing
Overview of Practce Themes as related in natonal and internatonal law
Common law protectons, the rule of law, residual libertes
Universal human rights instruments, ‘claim rights’ and the accompanying dutes and
responsibilites: e.g. Human Rights Act (1998) and relatonship to the European Conventon
on Human Rights (1950)
Relevant human rights, e.g. the right to life, prohibiton against inhumane and degrading
treatment, right to privacy and family life, prohibiton of discriminaton, and impact on the
work of the health and social care practtoner
Review of key features of natonal legislaton identfed in LO2 in relaton to safeguarding
and protectng users of health, care and support services
Country-specifc safeguarding and protecton legislaton
Review of key features of natonal legislaton identfed in LO2 in relaton to health and safety
in the workplace
Country-specifc health and safety legislaton
Review of aspects of natonal and internatonal legislaton identfed in LO2 in relaton
to promotng physical and mental health, and emotonal wellbeing and impact on the
role of the health and social care practtoner
Country-specifc legislaton related to health and social care practtoners’
responsibilites in this regard
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Country-specifc and relevant internatonal equality legislaton protectng the rights of
specifc individuals or groups
Equality legislaton protectng the rights of specifc individuals or groups, e.g. Equality Act
2010, United Natons Conventon on the Rights of Persons with Disabilites (2008), UN
Conventon on the Rights of a Child (1989), UN Conventon on the Eliminaton of All Forms of
Discriminaton against Women (2001), Female Genital Mutlaton Act (2003) as amended by
the Serious
Crime Act (2015)
Country-specifc equality legislaton.
Aspects of Codes of practce interpretng the law
Responsibilites and dutes (of health, care and support service practtoners)
Adoptng a holistc approach to promotng an individual’s overall wellbeing, as
per the principles of the Care Act 2014
Being competent (professional and informed), demonstratng non-discriminatory, ethical,
effectve and safe practce that enhances individuals’ wellbeing
Maintaining confdentality, data protecton principles, sharing informaton, statutory
overrides
Links between legal frameworks and demonstratng professional values,
attudes and behaviour
Ensuring currency and compliance by keeping up-to-date with codes of practce and other
practce requirements including Contnuing Professional Development and training
Knowing the limits of own role, when to escalate concerns and seek support
Fitness to practce referrals and proceedings
LO4 Apply law and policy in line with regulatory and ethical requirements in a
relevant practice setting
Regulatory and ethical requirements
Professional practce regulators, e.g. Health and Care Professions Council
(HCPC), General Medical Council (GMC), Nursing and Midwifery Council (NMC)
Codes of Professional Practce and Ethics
Regulators of service providers (Care Quality Commission (CQC), Care and
Social Services Inspectorate Wales (CCSIW), Healthcare Improvement
Scotland (HIS) and Regulaton, Quality Improvement Authority (RQIA)
Impact of a lack of regard for regulatory and ethical requirements, e.g. unwarranted
variaton
Relevant practce setng
In hospital
Natonal Health Service (NHS) and independent sector, in- or out-patent services
Close to home or at home:
● nursing home (single or dual registered)
● other assisted and supported living services
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● community health, care or support setng, e.g. mental health crisis house, hospice or
community learning disability services
● public health service, e.g. Public Health England informaton, advice and support services
● domiciliary care services.
Offender healthcare units
Charitable end of life or health and wellbeing support services, e.g. Macmillan, Mind
TEACHING & LEARNING
A range of teaching and learning strategies will be employed for this unit including the use of
lectures, group work, workshops, research assignments and student led actvites. Additonal
materials will be available through Moodle to further develop your knowledge. This unit will
be taught for 3 hours per week for 10 weeks.
5. READING LIST & USEFUL WEBSITES
Students are expected to read generally from books listed for additonal reading and from
current editons of relevant journals. This list is neither prescriptve nor comprehensive;
students are encouraged to read as widely as possible.
You should always endeavour to work from the most recent editon of recommended texts.
You should also consult newspapers, (The Times. The Daily Telegraph, The Guardian and The
Financial Times for example) use journals and relevant legislaton and policies.
Reading List
Textbooks
ASH, A (2016) Whistle Blowing and Ethics in Health and Social Care, London, Jessica Kingsley
Publicatons
AVERY, G. (2016) Law and Ethics in Nursing and Healthcare: An Introducton (2nd Ed.) London: Sage.
BERGLUND, C (2012) Ethics for Health Care, (4th edn), Victoria, OUP.
BOGG, D (2010) Values and Ethics in Mental Health Practce, Exeter, Learning Maters Ltd.
BURKHARDT, M.A, and Nathaniel, A.K (2014) Ethics and Issues in Contemporary Nursing (4th edn),
Stamford, Cengage Learning.
HALSTEAD, P (2014) Human Rights: Key Facts, Key Cases, Oxon, Routledge
HERRING, J. (2016) Medical Law and Ethics (6th Ed.) Oxford: OUP.
MANDELSTAM, M (2013) Safeguarding Adults and The Law (2nd edn), London, Jessica Kingsley
Publicatons
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Websites
www.gmc-uk.org General Medical Council
UK regulator for registered medical practitioners, including
students (Guidance)
www.gov.uk www.gov.uk
Government website of national policy in England
(Guidance)
www.gov.scot www.gov.scot
Government website of national policy and legislation in
Scotland (Guidance)
www.gov.wales gov.wales
Government website of national policy, law and practice in
Wales, including links to NHS Wales (Guidance)
| www.hcpc-uk.org | UK regulator for Health and Social Care Professionals (Guidance) Northern Ireland, Department of Health |
| www.health-ni.gov.uk |
Government website of national policy, law and practice in
Northern Ireland, including links to NI Health and Social
Care Trusts (Guidance)
www.legislation.gov.uk UK Legislation
UK-wide government website on legislation, often with
explanatory notes (Guidance)
| www.nmc.org.uk | Nursing and Midwifery Council UK regulator for nurses and midwives |
The Code of Practice
(Guidance)
The Harvard System of Referencing
As level 4 students it is expected that appropriate academic sources are drawn upon. Afer all this is
why you are undertaking a higher educaton programme of study. Wikipedia and ‘Google’ are quick
sources of informaton but are not credible sources of academic literature. The rule of thumb here is
if the website has no author, then do not cite unsubstantated web artcles. The same applies to the
use of A level textbooks.
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Of course, artcles can be downloaded from the web and are perfectly acceptable sources of
informaton. For instance, Home Ofce statstcs and informaton from government bodies, alongside
academic papers downloaded from Google Scholar can be used. In this instance Website references
should insert the author and date (the full reference appears at the end of the document). Get into
this habit now and you will beneft.
Plagiarism & collusion
Students must submit/complete work that is their own. Plagiarism is presentng the thoughts, ideas
and words of another person, as if they were your own. Collusion may occur when students’
assignments are very similar (and in some cases, identcal) to that of another fellow student. This
also amounts to plagiarism. Plagiarism is taken very seriously within the College. Students are
strongly recommended to consult the course Policy on plagiarism before undertaking their
assignments. This can be found within the student handbook.
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1. Unit guide
| Student Name/ID Number |
|
| Unit Number and Title | 1 Law, Policy and Ethical Practce in Health and Social Care |
| Academic Year | 2021-2022 |
| Unit Tutor | Shareen Ayub |
| Assignment Title | Law, Policy and Ethical Practce in Healthcare |
| Issue Date | Week commencing 20th September 2021 |
| Submission Date | Assignment One: 21st October 2021 by 4pm Assignment Two: 6th December 2021 by 4pm |
| IV Name & Date | Sarah Moraes 16/08/2021 |
| Submission Format | |
| Your submission will include two assessments 1 and 2 both will be submited on Moodle/Turnitn as a word-processed document. Assessment 1 will be in the form of an essay and assessment 2 in the form of an academic report, which will have a clear ttle page indicatng the unit number, assignment ttle, the relevant actvity being addressed, your name and student number. You are expected to use external sources, and clearly reference these in your work. References should be added to the text (next to the quote or paraphrase), and also placed at the end in a references list, using Harvard Referencing style. You should also complete a bibliography to support all evidence. The recommended word count for each actvity is 2000 to 2500 words, but you will not be penalised for exceeding this. |
| Assignment 1 – Assessment 1 to be completed and submited on 21st October 2021 |
| Unit Learning Outcomes |
| LO1 Explore the legal framework within which health and social care practtoners operate |
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| LO2 Describe key legislaton, natonal and organisatonal policy of fundamental importance to the health, care or support service practtoner |
| Assessment 1: Essay (Approx. 2000-2500 words) All health and social care practce are informed by law and policy. This assignment is about exploring law and policy and applying it to health and social care practce setngs. You will build upon your understanding of law and policy and demonstrate this as you progress through the unit by drawing on your placement experience. You are working as a healthcare assistant in your work placement. As part of your professional development, your manager has asked you to produce an essay that summarises different levels of law and policy and evaluates the relatonship between the law and their impact on organisatonal policy and practce towards protectng the rights and maintaining the well-being of users of health, care or support services. The essay will provide an overview on the following elements (Legislature, Executve and Judiciary). You will then summarise key features of legislaton, statutory guidance, natonal and organisatonal policies and describe the relatonship between key legislaton and natonal policy, for example: The Care Act (2014) and how it links to the safeguarding policy. You will describe and analyse the relatonship between ethics (SCIE codes of conduct) and legislaton (Health and Safety at Work Act 1974; The Care Act 2014; Equality Act 2010) in relaton to the work of health and social care practtoners, and to your own professional responsibilites as a health or care practtoner. You will watch a video case study of Whorlton Hall to aid the completon of the fnal part of the report. From this, you will provide examples of breaches made by the care workers at Whorlton Hall to natonal policy and organisatonal policy and explain how these breaches have impacted the individuals at the health and social care service. You will then reflect further on ways in which specifc tasks in health and social care can meet natonal professional standards within a legal framework. (For example: by demonstratng empathy, respect and dignity when providing personal care meets the code of conduct for support worker). |
| Assignment 2 – Assessment 2 to be completed and submited on the 6th December 2021 |
| Unit Learning Outcomes |
| LO3 Interpret the law in relaton to key ethical and professional Practce Themes in health and social care LO4 Apply law and policy in line with regulatory and ethical requirements in a relevant |
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| practce setng |
| Assessment 2 – Academic Report (Approx. 2000-2500 words) This assignment will be in the form of an academic report. The report will explain how specifc natonal and internatonal law (Human Rights Act 1998) influence and inform the equitable and fair treatment of others (individuals and practtoners) in health, care and support services. You will have to implement different and relevant legislaton and policy (Health and Safety and Safeguarding and Protecton) in regard to safe and healthy conduct in your own practce (make links to codes of conduct). You will analyse recent health and social care legislaton or natonal policy in relaton to its importance in informing rights and responsibilites of practtoners to provide safe and equitable care. You will describe the relatonship between law, policy and ethical requirements and explain the impact of relevant law and policy on the outcome of a real case scenario in a health or care setng. You will explain in detail how the chosen law, policy and ethical consideratons might result in difference outcomes to the case scenario taking into account of unwanted variaton (poor access, equity, under or over provision, socioeconomic factors, poor health literacy). You will be required to critcally review ways in which health, care and support service practtoners can ensure currency and compliance with relevant legislaton and natonal policy through ethical practce in relaton to a real case scenario. For example: keeping up to date with codes of practce and CPD requirements as well as training, understanding the limits of your own role, and when to escalate and seek support. You must ensure you maintain confdentality by changing names of the setng and any service users or staff. The locaton or setng details must not be disclosed. |
| Assessment 1 – Essay | |
| Learning Outcomes and Assessment Criteria | |
| LO1 Explore the legal framework within which health and social care practtoners operate |
LO1 and LO2 D1 Evaluate the relatonship between ethics and the law and their impact on |
| P1 Summarise key features of the different levels of law and policy P2 Describe the relatonship |
M1 Analyse the relatonship between ethics and the law in terms of their relevance to own professional responsibilites as a |
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| between ethics and legislaton in relaton to the work of health and social care practtoners |
health or care practtoner | organisatonal policy and practce towards protectng the rights and maintaining the wellbeing of users of health, care or support services in own country |
| LO2 Describe key legislaton, natonal and organisatonal policy of fundamental importance to the health, care or support service practtoner |
||
| P3 Describe the relatonship between key legislaton and natonal policy, of direct relevance to health and social care practce P4 Compare natonal and organisatonal policy against natonal professional standards in terms of their impact on health and social care practce |
M2 Reflect on ways in which specifc tasks in health, care or support service practce meet natonal professional standards within a legal framework |
| Assessment 2 – Academic report | |
| LO3 Interpret the law in relaton to key ethical and professional Practce Themes in health and social care |
LO3 and LO4 D3 Critcally review ways in which health, care and support service practtoners can ensure currency and compliance |
| P5 Explain how specifc natonal and internatonal law influence and inform the equitable and fair treatment of others in health, care and support services |
M3 Analyse recent health and social care legislaton or natonal policy in relaton to its importance in informing rights and responsibilites of health, care or support service practtoners to provide safe and equitable |
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| P6 Implement different and relevant legislaton and policy in regard to safe and healthy conduct in own practce |
care | with relevant legislaton and natonal policy through ethical practce in relaton to a real case scenario |
| LO4 Apply law and policy in line with regulatory and ethical requirements in a relevant practce setng |
||
| P7 Describe the relatonship between law, policy and ethical requirements in relaton to a real case scenario in a health or care setng P8 Explain the impact of relevant law and policy on the outcome of a real case scenario |
M4 Explain in detail how chosen law, policy and ethical consideratons might result in difference outcomes to the case scenario taking into account of unwarranted variaton |
7. PROPOSED OUTLINE OF PROGRAMME (May be subject to change)
Introducton to unit and assessment
Identfy key concepts of legal and ethical practce; the role of law and policy in personal and
professional spheres: regulaton, protecton, deterrence, punishment, compensaton. Laws within
health and social care setngs (relate to different placement setngs).
The legal framework
The role of the legislature (parliaments and assemblies), executve (cabinet government, local
authorites and health trusts) and the judiciary (courts and tribunals) – linking this to ‘the separaton
of powers’
The roles of government (the executve) and the judiciary
What is central government? What is local government? Explanaton of statuses of governmental
policy with examples related to healthcare practce – include NHS policy
The courts and case law
Hierarchy of the courts. Consideraton of relevant case law and the importance of this to healthcare
practce.
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Legal and ethical healthcare practce
Ethics, rights, equality – what do these terms mean? The relatonship of ethics to law, and sources of
ethical guidance. Ethical dilemmas in healthcare practce. The ethical and responsible practtoner.
Human rights and civil libertes
Establishment of human rights from the Second World War. Internatonal human rights instruments,
and the effect of the Human Rights Act 1998.
Discriminaton and equality
What is equality? How do people discriminate? Is equality a human right? A brief history of
discriminaton law, culminatng in Equality Act 2010 (in UK)
Health and Safety
History and development, with key pieces of legislaton (Health and Safety at Work Act 1974,
RIDDOR, COSHH etc).
Key legislaton plus organisatonal policy and guidance
Country-specifc legislaton and their relatonship to policy and guidance. Important pieces of law in
healthcare practce; Differences between natonal (governmental) policy and local (organisatonal)
policy.
Principles of practce and maintaining currency
The partcular policies that will apply to the students’ practce
Requirements for contnuing professional development with the regulators (e.g. HCPC, NMC)
and locatng the relevant standards.
Law, policy and ethical practce
The practcal applicaton of law and policy into practce, bringing together primary
legislaton, regulatons, guidance, policy and codes of practce.
Investgate the legal and ethical basis of aspects of practce, e.g. care planning, provision of
specifc service (e.g. dentstry, nursing, chiropody), residental or day care etc.
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