1UNIT HANDBOOK2021/22Assignment Brief (RQF)Higher National Certificate in Healthcare Practice( Integrated Health and SocialCare and Nursing and Healthcare Support) StudentName/IDNumber:Unit Numberand Title:Unit 1: Law, Policy and Ethical Practice in Healthand Social CareAcademicYear:2021/22UnitAssessor:Dr Elvis AmoakwaAssignmentTitle:Law, Policy and Ethical Practice in Health andSocial CareIssue Date:27.09.2021SubmissionDate:12.12 2021( via TURNITIN)InternalVerifierName:Adam SleemanDate:01.09/2021 2 Submission Format:Submission is in one parts.•You are required to produce a leaflet describing the roles of the legislature,the executive and the judiciary in the UK system of government. The leafletshould be word-processed and may contain tables, charts and illustrations toillustrate your points•A written observation log, activity log and reflective log on how youimplemented specific law, policy and ethical standards regarding yourpractice in your workplace setting(Deadline 12th Dec 2021)Unit Learning Outcomes:By the end of this unit students will be able to:1. Explore the legal framework within which health and social care practitionersoperate2. Describe key legislation, national and organisational policy of fundamentalimportance to the health, care or support service practitioner3. Interpret the law in relation to key ethical and professional Practice Themes in healthand social care4. Apply law and policy in line with regulatory and ethical requirements in a relevantpractice setting.Assignment Brief and Guidance:Unit number and titleUnit 1: Law, Policy and EthicalPractice in Health and SocialCareQualificationHNC in Healthcare Practice(Integrated Health and SocialCare)Start date27.09.2021Deadline/hand-in12.12 2021( via TURNITIN) 3 AssessorDr Elvis AmoakwaAssignment titleLaw, Policy and Ethical Practicein Health and Social CarePurpose of this assignmentThis assignment addresseslearning outcome 1, 2, 3 and 4Purpose of this assignmentHealth and social care practitioners must adhere to a range of law and policywhen working within the most common settings of health trusts, primarycare and other public authority settings. The Learning Outcomes inthis unit build on core legal principles and perspectives underpinningnational and international law within health and care practice. Students willinvestigate the legal and policy framework related to health and care practicein different settings, leading to opportunities to demonstrate theirknowledge and skills through targeted assignments.ScenarioAs a trainee health and social care practitioner working in a residential andcommunity healthcare organisation, your manager has asked you designeducational leaflet to train the newly employed workers on the importance ofunderstanding how national government, and the structures within, impact onthe work of healthcare practitioners. As part of staff induction, your managerhas asked you to produce an observation log, activity log and a reflective logson how specific law, policy and standards regarding equality, safeguarding ofservice users and health and safety shape and guide ethical practice in yourworkplace setting.Task 1 Educational LeafletYou will design an educational leaflet in which you willA) Explore the legal framework within which health and social care practitionersoperateB) Describe key legislation, national and organisational policy of fundamentalimportance to the health, care or support service practitionerYour educational leaflet should cover the key points listed below: 4 1. Produce educational leaflet explaining the roles of the legislature, the executiveand the judiciary in the UK system of government, as it relates to the health andsocial care system.2. Within the leaflet, you should evaluate the way these elements of the UK systemof government shape and effect the provision of healthcare services in the countryin which you operate.3. The leaflet should explain the key features of legislation, statutory guidance, codesof practice, and national and organisational policy and provide accurate examplesof each of these, related to a broad area of healthcare practice.4. Your leaflet should help the new workers understand this in more practical termsby providing more specific and evaluative examples (some of which must bedrawn from your own experience) of how these operate in terms of ensuringethical practice, taking into consideration the impact on healthcare practitioners.Task 2: Observation log, Activity lo and Reflective log:To complete this task, a minimum level of work experience is required and this can belimited to a period of induction in a workplace that provides healthcare to individuals.You will complete an observation log, activity log and write a reflection onyour observation and activity in which you willa) Interpret the law in relation to key ethical and professional Practice Themes inhealth and social careb) Apply law and policy in line with regulatory and ethical requirements in arelevant practice setting.• Your Observation Log will include notes on what you have observed in yourworkplace or in placement on how relevant legislation, policy and professionalstandards are applied and challenges faced when ensuring the fair treatment andsafeguarding of service users in their day-to-day tasks.• Your activity logs should provide clear and relevant examples of how youintegrated human rights laws in your duties and responsibilities whilst you areproviding support to service users including your rights as a healthcare worker. 5 • Reflective Log: Based on your observation log and activity log above, you are towrite a reflection log on your practice. The reflective practice logs will include twomain aspects:• A practical analysis of the impact of equality legislation, policy and the notion of equityon the practice of safeguarding individuals in health, care or support services• A critical review of the ways in which specific health, care and support servicepractitioners working in your setting can ensure currency and compliance with relevantlegislation and national policy through ethical practice, taking into account unwarrantedvariationNOTE: In your submissions, you must remember the need for absolute confidentiality.This means you need to change the details of the location, the name of the setting, aswell as all details relating to patients/service users, practitioners and other staff.Failure to submit and late submissionsIn instances when no extension has been granted, or there is not sufficientlygood cause for work being submitted late, or non-attendance at anexamination, (such as when mitigating circumstances have been granted),then the following penalties will be applied:• Late coursework submitted within 5 working days of the submission deadlinewill be capped at a pass. This applies to coursework only and applies to thefirst submission only (which includes a submission following a successfuldeferral of assessment claim).• Refusal to accept submitted work, after 5 working days of the submissiondeadline, and fail grade awarded (unless there is an approved mitigatingcircumstances claim for an extension)• Failure to submit or complete coursework by the published deadline (orwithin 5 working days of the submission date) or not meeting the terms of anyextensions granted will result in a Fail grade being awarded.Mitigating CircumstancesStudents can make a claim for mitigating circumstances, which must besubmitted with supporting evidence, if they feel that factors have affected thesubmission of assessments or attendance at examinations. Students canrequest an extension or request to repeat an assessment attempt. Claims willbe considered by the Academic Services Panel. The UCEN Manchester 6 Mitigating Circumstances Policy & Procedure provides further information andclaims should be submitted to [email protected] Learning Outcomes and Assessment Criteria:LearningOutcomePassMeritDistinctionLO1 Explorethe legalframeworkwithin whichhealth andsocial carepractitionersoperateP1 Summarise keyfeatures of thedifferent levels oflaw and policyP2 Describetherelationshipbetweenethics andlegislation inrelation tothe work ofhealth andsocial carepractitionersM1 Analysetherelationshipbetweenethics and thelaw in termsof theirrelevance toownprofessionalresponsibilities as a healthor carepractitionerLO1 and LO2D1 Evaluate therelationshipbetween ethicsand the law andtheir impact onorganisationalpolicy andpracticetowardsprotecting therights andmaintaining thewellbeing ofusers of health,care or supportservices in owncountryLO2. Describekey legislation,national andorganisationalpolicy offundamentalimportance tothe health,care orsupportservicepractitionerP3 Describe therelationshipbetween keylegislation andnational policy, ofdirect relevance tohealth and socialcare practiceP4 Comparenational andorganisational policyagainstnationalM2 Reflect on waysin which specifictasks in health, careor support servicepractice meetnationalprofessionalstandardswithin a legalframework 7 professionalstandards interms of theirimpact onhealth andsocial carepracticeLO3. Interpretthe law inrelation to keyethical andprofessionalPracticeThemes inhealth andsocial careP5 Explain howspecific nationaland internationallaw influence andinform theequitable and fairtreatment of othersin health, care andsupport servicesP6Implementdifferent andrelevantlegislationand policy inregard to safeand healthyconduct inown practiceM3 Analyse recenthealth and socialcare legislation ornational policy inrelation to itsimportance ininformingrights andresponsibilities of health,care orsupportservicepractitionersto providesafe andequitable careLO3 and LO4D3 Criticallyreview ways inwhich health,care andsupport servicepractitionerscan ensurecurrency andcompliancewith relevantlegislation andnational policythrough ethicalpractice inrelation to areal casescenarioLO4. Apply lawand policy inline withregulatory andethicalrequirementsin a relevantpracticesetting.P7 Describe therelationshipbetween law,policy and ethicalrequirements inrelation to a realcase scenario in ahealth or caresettingP8 Explainthe impact ofrelevant lawand policy onthe outcomeof a real casescenarioM4 Explain in detailhow chosen law,policy and ethicalconsiderationsmight result indifferent outcomesto the case scenariotaking into accountunwarrantedvariation 8UNIT SPECIFICATIONUnit 1: Law, Policy and Ethical Practice in Health and Social Care Unit codeT/616/1636Unit typeCoreUnit level4Credit value15 IntroductionHealth and social care practitioners are regulated by, and must adhere to, a range of lawand policy when working within the most common settings of health trusts, primary careand other public authority settings. Even those working in voluntary, non-profit and privateorganisations will require a sound understanding of law and policy in order to practiceproficiently, safely, ethically and legally. This unit develops students’ knowledge andappreciation of the need for them to be thoroughly informed about, and compliant with,relevant law and policy. Further to this, the unit presents opportunities for students toapply relevant law and policy in practice settings, both actual and realistic, and to considerthe place of codes of practice and ethics in their day-to-day work.The Learning Outcomes in this unit build progressively from core underpinning legalprinciples and perspectives to national and international law on key topics within health andcare practice. Students will investigate the legal and policy framework related to health andcare practice in different settings, leading to opportunities to demonstrate their knowledgeand skills through targeted assignments.Students will evaluate the relative weight of, for example, codes of practice andorganisational policy, and will develop an understanding of how to access advice andguidance if unclear about a path to follow. Students will consider how legal and ethicalframeworks are interpreted and applied to different settings within the community,hospitals and other areas of health and care. Students will apply this learning to explore therelevance of legislation, codes of practice and organisational policy to their own and others’practice.The knowledge and skills developed in this unit will support students in understanding howand when to access advice and guidance on legal issues relating to health, care and support9service practice and provision. On completion of this unit, students will have acquired agood working knowledge of the way that legislation supports the development of policy andunderpins ethical practice in health and care settings. This will support progression inemployment and continuing higher education in areas related to health and social care.Learning OutcomesBy the end of this unit students will be able to:1. Explore the legal framework within which health and social care practitionersoperate2. Describe key legislation, national and organisational policy of fundamentalimportance to the health, care or support service practitioner3. Interpret the law in relation to key ethical and professional Practice Themes inhealth and social care4. Apply law and policy in line with regulatory and ethical requirements in a relevantpractice setting.Essential ContentLO1 Explore the legal framework within which health and social care practitioners operateDefinition of law, including the different levels of law in relation to health and socialcare practice Legislation National policyStatutory guidance and regulationsProfessional Codes of Practice and Codes of ConductOrganisational policiesRelationships between the different levels of lawLegal framework (as relevant to health and social care)The role of the legislature (Parliaments and Assemblies), Executive (CabinetGovernment, Local Authorities and Health Trusts) and the judiciary (courts andtribunals)Introduction to case law and the role of the courtsDifferences between civil law and criminal lawLegal responsibility and liability as relevant to the roles and responsibilities of healthand social care workers e.g. vicarious liability and negligenceCountry-specific examples of the above10Ethics and ethical practiceRelationship of ethics to law in health and social careConduct and consent in providing care to patients, clients and service usersRegulatory and Professional Bodies’ Standards of Conduct, Performance, Ethics andOccupational Proficiency, e.g. the Health and Care Professionals Council’s Standards ofProficiency, The Code for Nurses and MidwivesKey features of, and differences between legislation, statutory guidance, codes ofpractice, and national and organisational policyEnforceabilityEase of reading and applicationRelevance to health and social care practiceCurrencyProcess to amend and updateCountry-specific examples of the aboveLO2 Describe key legislation, national and organisational policy of fundamentalimportance to the health, care or support service practitionerIntroduction to key legislation relevant to health and care practice:Health and Safety e.g. Health and Safety at Work Act (1974)Safeguarding e.g. Care Act (2014), Employment Mental Health Act (1983), MentalCapacity Act (2005), NHS Act (2006), NHS Redress (Wales) Measure (2008), MentalHealth (Wales) Measure (2010)Equality and human rights e.g. the Equality Act (2010),Data protection e.g. the General Data Protection Regulations (2019)Structure and function of health and social care e.g. Health and Social Care Act(2008, 2012), Health and Social Care (Reform) Act (Northern Ireland) (2009), SocialServices and Wellbeing (Wales) Act (2014), Nurse Staffing Levels (Wales) Act (2016).Impact of legislation on care service provision and the role of the health and socialcare practitionerNational policyHealth, social care and community support policies situated on the country-specificgovernment policy page11Effects, enforcement and sanctions of national policy in relation to the role of healthand social care practitionersOrganisational policyOrganisational policy usually located on public domain website of relevant health, careor support service providerPrinciples of organisational policy development e.g. subordination to national policyand lawExamples of common organisational policies, equality, confidentiality, health andsafety, conduct, lone working, disciplinary and grievanceImpact of organisational policy on the work of health and social care practitionersLO3 Interpret the law in relation to key ethical and professional Practice Themes in healthand social careKey Practice ThemesHealth, Safety and SafeguardingValuing and Promoting Diversity, Difference and InclusionPromoting Physical and Mental Health, and Emotional WellbeingOverview of Practice Themes as related in national and international lawCommon law protections, the rule of law, residual libertiesUniversal human rights instruments, ‘claim rights’ and the accompanying dutiesand responsibilities: e.g. Human Rights Act (1998) and relationship tonational/regional law, impact on health and social care provisionRelevant human rights, e.g. the right to life, prohibition against inhumane anddegrading treatment, right to privacy and family life, prohibition of discrimination, andimpact on the work of the health and social care practitionerReview of key features of national legislation identified in LO2 in relation tosafeguarding and protecting users of health, care and support services Countryspecific safeguarding and protection legislationReview of key features of national legislation identified in LO2 in relation to health andsafety in the workplaceCountry-specific health and safety legislation12Review of aspects of national and international legislation identified in LO2 in relationto promoting physical and mental health, and emotional wellbeing and impact on therole of the health and social care practitionerCountry-specific legislation related to health and social care practitioners’responsibilities in this regardCountry-specific and relevant international equality legislation protecting the rights ofspecific individuals or groupse.g. Equality Act 2010, United Nations Convention on the Rights of Persons withDisabilities (2008), UN Convention on the Rights of a Child (1989), UN Convention onthe Elimination of All Forms of Discrimination against Women (2001), Female GenitalMutilation Act (2003) as amended by the Serious Crime Act (2015)Aspects of Codes of practice interpreting the lawResponsibilities and duties (of health, care and support service practitioners)Adopting a holistic approach to promoting an individual’s overall wellbeing, as per theprinciples of the Care Act 2014Being competent (professional and informed), demonstrating nondiscriminatory,ethical, effective and safe practice that enhances individuals’ wellbeingMaintaining confidentiality, data protection principles, sharing information, statutoryoverridesLinks between legal frameworks and demonstrating professional values, attitudes andbehaviourEnsuring currency and compliance by keeping up-to-date with codes of practice andother practice requirements including Continuing Professional Development andtrainingKnowing the limits of own role, when to escalate concerns and seek support Fitness topractice referrals and proceedingsLO4 Apply law and policy in line with regulatory and ethical requirements in a relevantpractice settingRegulatory and ethical requirementsProfessional practice regulators, e.g. Health and Care Professions Council (HCPC),General Medical Council (GMC), Nursing and Midwifery Council (NMC)Codes of Professional Practice and Ethics13Regulators of service providers (Care Quality Commission (CQC), Care and SocialServices Inspectorate Wales (CCSIW), Healthcare Improvement Scotland (HIS) andRegulation, Quality Improvement Authority (RQIA)Impact of a lack of regard for regulatory and ethical requirements, e.g. unwarrantedvariationRelevant practice settingIn hospitalNational Health Service (NHS) and independent sector, in- or out-patient servicesClose to home or at home:nursing home (single or dual registered) otherassisted and supported living servicescommunity health, care or support setting, e.g. mental health crisis house,hospice or community learning disability servicespublic health service, e.g. Public Health England information, advice andsupport services domiciliary care services.Offender healthcare unitsCharitable end of life or health and wellbeing support services, e.g.Macmillan, MindLearning Outcomes and Assessment CriteriaMacmillan, MindLearning Outcomes and Assessment Criteria PassMeritDistinctionLO1 Explore the legal framework within which healthand social care practitioners operateLO1 and LO2D1 Evaluate therelationship betweenethics and the law andtheir impact onorganisational policy andpractice towardsprotecting the rights andmaintaining the wellbeingP1 Summarise key featuresof the different levels oflaw and policyP2 Describe therelationship betweenethics and legislation inrelation to the work ofhealth and social carepractitionersM1 Analyse therelationship betweenethics and the law in termsof their relevance to ownprofessionalresponsibilities as a healthor care practitioner 14 LO2 Describe key legislation, national andorganisational policy of fundamental importance to thehealth, care or support service practitionerof users of health, care orsupport services in owncountryP3 Describe therelationship between keylegislation and nationalpolicy, of direct relevanceto health and social carepracticeP4 Compare national andorganisational policyagainst nationalprofessional standards interms of their impact onhealth and social carepracticeM2 Reflect on ways inwhich specific tasks inhealth, care or supportservice practice meetnational professionalstandards within a legalframework PassMeritDistinctionLO3 Interpret the law in relation to key ethical andprofessional Practice Themes in health and social careLO3 and LO4D3 Critically review waysin which health, care andsupport servicepractitioners can ensurecurrency and compliancewith relevant legislationand national policythrough ethical practice inrelation to a real casescenarioP5 Explain how specificnational and internationallaw influence and informthe equitable and fairtreatment of others inhealth, care and supportservicesP6 Implement differentand relevant legislationand policy in regard to safeand healthy conduct inown practiceM3 Analyse recent healthand social care legislationor national policy inrelation to its importancein informingrights andresponsibilities of health,care or support servicepractitioners to providesafe and equitable careLO4 Apply law and policy in line with regulatory andethical requirements in a relevant practice setting 15 P7 Describe therelationship between law,policy and ethicalrequirements in relationto a real case scenario in ahealth or care settingP8 Explain the impact ofrelevant law and policy onthe outcome of a real casescenarioM4 Explain in detail howchosen law, policy andethical considerationsmight result in differentoutcomes to the casescenario taking intoaccount unwarrantedvariation Recommended resourcesTextbooksAVERY, G. (2016) Law and Ethics in Nursing and Healthcare: An Introduction (2ndEd.) London: Sage Publications Ltd.HERRING, J. (2016) Medical Law and Ethics (6th Ed.) Oxford: Oxford University Press.Websites gmc-uk.orgGeneral Medical CouncilUK regulator for registered medical practitioners, includingstudents (Guidance)gov.ukgov.ukGovernment website of national policy in England (Guidance)gov.scotgov.scotGovernment website of national policy and legislation inScotland(Guidance)gov.walesgov.walesGovernment website of national policy, law and practice inWales, including links to NHS Wales(Guidance)hcpc-uk.orgUK regulator for Health and Social Care Professionals(Guidance) 16 health-ni.gov.ukNorthern Ireland, Department of HealthGovernment website of national policy, law and practice inNorthern Ireland, including links to NI Health and Social Care Trusts(Guidance)legislation.gov.ukUK LegislationUK-wide government website on legislation, often with explanatorynotes(Guidance)nmc.org.ukNursing and Midwifery CouncilUK regulator for nurses and midwivesThe Code of Practice(Guidance) LinksThis unit links to the following related units:This unit is a synoptic unit and therefore links to some part of each of the units within thequalification pathways.This unit maps to the qualification Practice Themes as below: LEARNINGREQUIREMENTS(UNIT CONTENT)ASSESSMENTREQUIREMENTS(ASSESSMENT CRITERIA)THEME 1: LAW, REGULATION ANDETHICAL PRACTICELO1-4All assessment criteriaTHEME 2: PROFESSIONAL VALUES,ATTITUDES AND BEHAVIOURSLO1-4P1, P3-P8THEME 3: HEALTH, SAFETY ANDSAFEGUARDING THROUGH THELIFESPANLO2-4P4, P7, P8THEME 4: VALUING ANDPROMOTING DIVERSITY,DIFFERENCE AND INCLUSIONLO3P5 17 THEME 5: PROMOTING PHYSICALAND MENTAL HEALTH ANDEMOTIONAL WELLBEINGLO3, LO 4P6, P7, P8THEME 6: NUMERACY IN PRACTICELO1P1, P2 Essential requirementsCase study material is essential and can be provided by the tutor or based on students’ worksituations.DeliveryTutors must be appropriately qualified and experienced in the health and social care sectorto cover the principles and skills development aspects of this unit.AssessmentStudents must be given time to develop their workplace experience, knowledge andunderstanding before assessment of this unit. They will be expected to present evidencebased substantially on their work in health, care and/or support services. Evidence againstpractice-based criteria can be collated in the Practical Learning and Development Portfolio(PLAD).Employer engagement and vocational contextsA letter to employers that briefly outlines the Learning Outcomes of this unit may be helpfulto support students’ workplace learning needs. An exemplar letter is given in the PLAD thataccompanies this specification.Week-By-Week Delivery Scheme of work18 WeekNoSessionDateActivityTopicSession LearningOutcomesEssential ReadingPrior to the session and further readingafter the session.127thSeptember2021Lecture/SeminarUnitintroduction• Identify theconcepts oflegal andethical practice• Discuss therole of law andpolicy withinsociety;includingconsiderationofboth personalandprofessionalexperiencesLO1Hering, J (2016) Medical Law andEthics (6th Ed.) Oxford: OxfordUniversity PressLegislation.gov.uk UK LegislationUK-wide government website onlegislation, often with explanatorynotes(Guidance24thOctober2021Lecture/SeminarThe legalframework• The roles ofgovernment(the executive)and thejudiciaryLO1hcpc-uk.org UK regulator forHealth and Social CareProfessionals (Guidance) 19 • The courtsand case law• Other sourcesfor legal andethicalhealthcarepractice311thOctober2021Lecture/SeminarEthical andresponsiblepractice• Human rightsand civilliberties•Discriminationand equality•The role of theresearcher• EthicalconsiderationswhenconductingliteraturereviewsLO2hcpc-uk.org UK regulator forHealth and Social CareProfessionals (Guidance)418thOctober2021Lecture/Seminar• The ethicaland responsiblepractitioner• Key themesof the sessionL03/LO4hcpc-uk.org UK regulator forHealth and Social CareProfessionals (Guidance)Medical Law and Ethics (6th Ed.)Oxford: Oxford University Press 20 are ‘safe andhealthypractice’,‘competentpractice andthe fitness topractice’,‘confidentiality’and ‘consent’.• Workshadowing ofpractitionerbegins25th October2021Readingweek51stNovember2021Lecture/Seminar• Assignmentworkshop• Workshadowing ofpractitionerends• Health andSafety – specificsessionLO4hcpc-uk.org UK regulator forHealth and Social CareProfessionals (Guidance)Safeguarding Adults NHS Englandhttps://www.england.nhs.uk/wpcontent/uploads/2017/02/adultpocket-guide.pdfHealth and Social Care Act 2008(Regulated Activities)Regulations2014: Regulation 13https://www.cqc.org.uk/guidanceproviders/regulationsenforcement/regulation-13-safeguarding-service-user 21 68thNovember2021Lecture/Seminar• Keylegislation•Organisationalpolicy andguidance• Principles ofpractice• Currency ofpractice• Law, policyand ethics intopracticeLO3/L04Medical Law and Ethics (6th Ed.)Oxford: Oxford University PressLegislation.gov.uk UK LegislationUK-wide government website onlegislation, often with explanatorynotes(Guidance715thNovember2021AssignmentworkshopRecap of themodule822ndNovember2021AssignmentworkshopRecap of themodule929thNovember2021AssignmentworkshopRecap of themodule106thDecember2021AssignmentworkshopRecap of themodule12thDecember2021Assignment submission via TURNITIN 22 1113th Dec2021AssignmentworkshopRecap of themodule20th Dec-27 Dec2021ChristmasHolidays123rd Jan2021LinkingevidenceagainstPLAD/otherunitsReflectionandFeedback1310th Jan2021ModulereviewReflectionandFeedback
