1.2 Effects of legislation and policy on practice

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

Unit 2: Governance and regulatory processes

LO1: Understand legislation and statutory requirements that underpin adult care provision

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1.2 Effects of legislation and policy on practice

It is essential that all staff working in care organizations are aware of the relevant legislation and policy that affect their work. In this section, we will explore the effects of legislation and policy on practice.

The first thing that is important to know about legislation and policy is that it’s never just the law. Legislation may have been passed by Parliament, but it doesn’t become more than just something on a piece of paper until it has an effect on practice.

Legislation influences practice in three different ways: directly – through its provisions; indirectly – through the policies it gives rise to; and cumulatively – as a result of all the legislation that has been passed.

It is important to be aware of the influence that legislation has on practice because it means you need to know about all relevant laws. You can’t assume that anything not written in your contract or staff handbook is not relevant, even if it doesn’t seem particularly obvious at first sight.

Person-centered care is a way of giving support that takes account of individual needs, preferences, and aspirations. It gives the person receiving care choices about how to live their life, rather than just following instructions given by others.

For example, this might mean helping them to choose different activities or organizing things in a slightly different way so they can do what they want/need to do whilst still receiving the support they need.

Outcomes-based practice is a way of working that aims to help people and their families achieve the goals they have identified. This may mean thinking about different ways of helping someone, or giving them more information so they can understand what is going on and why.

Both person-centred and outcome-based practices are legally required to be included in your organization’s policies. This means that it will have an effect on how you provide care for patients, as well as the quality of life these individuals live afterward.

The following are some examples of the ways in which these approaches can be applied.

Care Act 2014

The Care Act 2014 is a framework that ensures that person-centered care is always provided to the people who need it. The act also requires your organization to provide information about how you are following this process, so there’s no hiding anything from any external parties.

The quality of an individual’s life before or after receiving long-term treatment is also taken into account by the Care Act 2014. The act says that your organization must “meet the needs of individuals in a way that promotes their wellbeing and independence, and supports their rights.” This means that you are legally obligated to provide person-centered care that is tailored to meet each individual’s specific needs.

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Health and Social Care Act 2012

The Health and Social Care Act 2012 gives patients more control over their lives by putting them in the driver’s seat. It also allows for more choice when it comes to their health and well-being, which is why person-centered care is such an important part of this act.

This act also emphasizes the importance of outcomes-based practice by requiring that policies be written in a way that is clear, concise, and accessible so individuals know what to expect. This information must also be made available in the form of leaflets or other easily readable materials.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is a set of regulations that sets out the specific standards that your organization must meet when providing care services. This includes the provision of person-centered care and outcome-based practice.

Mental Capacity Act 2005

The Mental Capacity Act 2005 focuses on the rights of individuals who lack the mental ability to make decisions for themselves. This act ensures that these people are given complete control over what happens to them, no matter how they choose to use it.

The regulations were created to make sure that individuals receive the best possible care, no matter what organization they choose to work with. This means that your organization must provide person-centered care and outcome-based practice when performing regulated activities under the regulations.

Individuals who believe they have not been provided quality care are likely to complain about it, which can lead to investigations being conducted by organizations such as the Care Quality Commission (CQC). If these investigations find that your organization is not meeting the required standards, you could face serious consequences, such as being shut down.

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