2.1 Impacts of policy drivers on leadership and management in adult care services

Course: NVQ Level 5 Diploma In Leadership & Management for Adult Care (RQF)

Unit 1: Leadership & Management in Adult Care

LO2: Understanding the importance of leadership and management in adult care settings

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2.1 Impacts of policy drivers on leadership and management in adult care services

For this assessment criterion, you will evaluate the extent to which you assess the policy drivers (structural, external, and internal) which influence leadership and management in health care services.

What are policy drivers?

Policy drivers are a set of policies and interventions that may affect adult care services and help to shape, develop or guide their leadership and management. These drivers influence the role of individuals working in this setting and their ability to lead and manage effectively. These aren’t always easy or straightforward but they’re necessary in order for things like this to happen effectively.

Factors influencing policy drivers

There are many factors that influence or direct the policy drivers of adult care services. Some of these include:

  • The provision and governance of adult care services
  • The extent to which society views health and aging as social or medical problems
  • The demographic profile, such as gender, culture, age, etc. of the workforce
  • Economic factors like funding changes and inflation
  • Media coverage

Health and Social Care Act Regulations & Fit and Proper Person

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 introduced a ‘fit and proper’ person test for directors of adult social care services. This means that the Care Quality Commission (CQC) can look into whether or not a new director has any violent or sexual offenses recorded against them, including while working in health & social care. Any relevant information found will be taken into consideration during the registration process.

The CQC has the responsibility to ensure that individuals registered with them are safe to work in health and social care services. Directors who have been barred by the Disclosure and Barring Service (DBS) will be refused on registration. Criminal convictions from other countries must also be declared on registration.

Regulation 5: Fit and Proper Person

A person who is to be registered as the responsible body of an activity regulated by or under section 22 has to satisfy one of the following 3 conditions.

(1) Condition 1 is that the person—

  1. is not subject to a ban imposed by a court preventing him from being concerned in the management of a company, and
  2. has not been convicted of an offense in relation to the conduct of the activity.

(2) Condition 2 is that—

  1. the person is subject to a ban imposed by a court preventing him from being concerned in the management of a company, but that ban does not prevent him from being registered under this Part, and
  2. the person does not have any criminal convictions.

(3) Condition 3 is that—

  1. the person has been convicted of an offense in relation to the conduct of the activity, but neither condition 1 nor condition 2 is met in his case,
  2. it appears to the regulator that he has not been

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The Equality Act

The Equality Act 2010 aims to challenge discrimination in all areas of life. It covers the nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination means when you are treated unfairly because of one of these personal characteristics.

(1) The Act places a duty on public bodies, such as the Care Quality Commission (CQC), to promote equality of opportunity and foster good relations between those who share a protected characteristic and those who do not.

(2) The Act also covers providers of services that are offered to the public or a section of the public, even if they are only available free or at a reduced cost. This includes adult care services.

The Care Act

The Care Act 2014 sets out the framework for how both public and private sector providers in England must meet their duties to promote wellbeing for adults who use care services, alongside the outcomes people want from the service they receive.

(1) The Act introduced a new ‘Equality Duty’ that requires local authorities to have due regard to the need to:

  1. eliminate discrimination, harassment, and victimization;
  2. advance equality of opportunity between disabled people and others;
  3. foster good relations between disabled people and others.

(2) The Act also introduces new rights for carers to make a choice about the care they provide. It sets out new duties on local authorities to support carers in what they do.

CQC KLOE’s

The Care Quality Commission (CQC) has identified a number of actions, called Key Lines of Enquiry, which contribute to the identification and understanding of risks. These five KLOEs are:

  • Safe and well-led
  • Effective, caring, and responsive care and support
  • Personalized care and support that meets people’s needs
  • People are fully involved in their care and support decisions and receive information and advice they can understand
  • People’s rights and wishes are respected: there is a joined-up approach with the person, family, or friends if they lack capacity.

This framework is used to understand and assess the risks in an environment and enforces a safeguarding mindset, which requires individuals employed by institutions to look at any ‘red flags’ and consider if further inquiries need to be conducted.

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