Legal, Policy and Ethical Frameworks in Care Practice

Vocational Scenario 1

You are working as a health and social care practitioner at East Thames Integrated Care Centre, a multidisciplinary care home service based in East London. The setting provides long-term or short-term care for individuals with various needs, including physical disabilities, dementia, chronic health conditions and mental health issues. The setting is committed to delivering person-centred care while ensuring the safety, autonomy and well-being of its service users. The setting operates within a framework of national and organisational policies, including safeguarding, confidentiality, dignity and safety.

While working in the chosen setting, you are responsible for ensuring the rights of residents or service users are upheld. You are familiar with key legislation such as the Health and Social Care Act, the Equality Act, Mental Capacity Act, the Care Act and Safeguarding Vulnerable Adults (SOVA) guidelines etc.

Activity 1: Report (1,500 words)

The submission format is in the form of a report. The report should be written in a concise style. You are required to make use of headings, paragraphs and sub-sections as appropriate. All work must be supported with research and referenced using the Harvard referencing system (or an alternative system). Inaccurate use of referencing may lead to issues of plagiarism if not applied correctly.

The recommended word limit is 1,500 words, although you will not be penalised for going under or exceeding the total word limit.

Activity 2: Work Placement Case Study Analysis (1,000 words)

The submission format is in the form of a case study analysis. You are required to submit a case study analysis based on your work placement experience. In this task, you should reflect on the ethical dilemma you encountered during your placement, analyse it using legal, policy and ethical frameworks, and suggest a solution. You are expected to demonstrate your ability to apply the knowledge gained in Activity 1 to real-world situations.

The recommended word limit is 1,000 words, although you will not be penalised for going under or exceeding the total word limit.

For both activities, use a regular font such as Times New Roman, Arial, or Calibri and font size 12 for the main body of the text. A larger font size can be used for headings and subheadings. Single or double line spacing should be applied to the document, in addition to numbering each page at the bottom right corner.

The setting follows national policies such as safeguarding protocols, confidentiality procedures, and consent for treatment, in line with professional codes of conduct. Ethical challenges will arise regularly and you will need to balance service users’ autonomy with their safety and well-being, while adhering to legal and ethical guidelines.

Activity 1: Report (1,500 words)

Prepare a report that critically examines the impact of legal, policy and ethical frameworks on health and social care practice within your chosen health and social care setting.

Your report should include:

1. Introduction: Outline the purpose of the report and its relevance to health and social care practice.
2. Legal Frameworks: Analyse key legislation affecting health and social care operations, such as the Health and Social Care Act, the Mental Capacity Act, the Equality Act, the Care Act and Safeguarding of Vulnerable Adults (SOVA) guidelines etc.
3. Policies and Regulations: Discuss national and organisational policies that influence health and social care practice, including safeguarding policies, confidentiality protocols, and professional codes of conduct.
4. Ethical Considerations: Examine ethical principles (e.g., autonomy, beneficence, non- maleficence, justice) and their application to service user care, staff conduct and family interactions, using relevant ethical theories.
5. Challenges and Implications: Identify challenges in adhering to legal, policy, and ethical requirements within the health and social care setting and suggest strategies for effective practice.
6. Conclusion: Summarise key findings and their significance for health and social care practitioners.

Vocational Scenario 2

You are currently on work placement at Elmwood House, a medium-sized care home in South London that provides residential  care for older adults, including individuals with dementia, mobility challenges, long-term health conditions and complex care needs. During your placement, you encounter a case involving a resident or service user that presents a significant ethical dilemma. This could involve issues like safeguarding, autonomy, mental capacity, consent for treatment, or end-of-life care. For example, you may encounter a case similar to the scenario involving (choose one) –

• Carter, a resident with moderate dementia who frequently asks to leave and return home. Staff are concerned about his safety and whether he fully understands the risks. This raises issues of mental capacity, autonomy and duty of care.
• Begum, an elderly resident with advanced Parkinson’s disease. Staff suspect a family member may be financially exploiting her, raising safeguarding concerns and ethical tensions between protection and respecting personal/family relationships.
• Ola, a young woman with severe anxiety who refuses a vital medical procedure, but her doctors believe that not treating her could lead to life-threatening complications. The ethical dilemma here involves assessing her capacity to consent and determining whether her refusal should be respected or overridden for her well-being.
• Alternatively, you could select a completely different scenario that fits your placement.

Activity 2: Work Placement Case Study Analysis (1,000 words)

During your work placement in a health and social care setting, you will encounter real-life scenarios that require the application of legal, policy, and ethical considerations. Select a case from your placement experience that presents an ethical dilemma and analyse it using the frameworks covered in this unit. You may choose any setting that you believe best aligns with your experience or interest.

Your analysis should include:

1. Summary of the Case: Briefly describe the real-life scenario and the ethical dilemma involved (e.g., patient autonomy vs. safeguarding, handling informed consent, dealing with family disputes over care decisions).
2. Legal and Policy Analysis: Identify relevant laws and policies that apply to the case within the context of your placement setting.
3. Ethical Evaluation: Apply ethical theories and principles to assess the dilemma and its implications for practice.
4. Decision-Making Process: Suggest a course of action, justifying your decision based on legal, policy, and ethical reasoning.
5. Reflection on Professional Practice: Reflect on how this experience has influenced your understanding of law, policy, and ethics in health and social care. Link this reflection to your Practical Learning and Development Portfolio (PLAD) or professional practice, demonstrating how this case has contributed to your professional growth.

Nursing Assignment Answers: Expert Answers on Above Questions on Care Practice

Introduction

The main focus of analysis in this report is on evaluating how legal policy and ethical Framework impact the health and social care practice in the UK. It is important to understand their impact as it helps in protecting the rights of service users, and thereby upholds high standards of care across the East Thames Integrated Care Centre.

Legal frameworks

The UK health and social care practice is highly regulated by several pieces of legislation. The health and social care act 2012 encourages positive coordination between health and social care services to deliver quality outcomes to patients. The care act 2014 makes the local authorities responsible in promoting wellbeing and safeguarding adults at risk of abuse. The mental capacity act 2005 provides frameworks aimed at supporting people that lack decision making capacity, and the equality 2010 protects individuals from any kind of discrimination.

Policies and regulations

The legislation is being implemented on a regular basis as guided by National and organisational policies. The safeguarding policies specify the procedure for recognising abuse. The secure handling of personal data is guided by the confidentiality protocols and GDPR (2018). Transparency is achieved through consent and Information sharing policies for service users autonomy. Professional codes of conduct such as nursing and midwifery council and health and Care professionals Council are responsible for reinforcing accountability, competents and respect within professional roles. These policies are quite effective in supporting trust between service users and thereby ensuring ethical and lawful care.

Ethical consideration

The role of ethical principles is important in care situations as they guide the decision making process. Autonomy allows the individual to make decisions on their own with respect to their choices about their care whereas beneficence and nonmaleficence makes sure that the actions result in good for all. The ethical theories of deontology and utilitarianism allows practitioners to evaluate the moral obligations and outcomes before practicing any care.

Challenges and implication

The practitioners are always faced with challenges in the form of balancing legal duties, observing ethics and fulfilling the policy requirements. There are higher chances of conflict between respecting autonomy and achieving safety, and also addressing cultural differences in care preferences. Inability to comply with the legislation is regarded as professional misconduct. However it requires proper training, supervision and multi disciplinary team work in ensuring effective practice.

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