Legal Framework in Health and Social Care

The Processing of Personal Data

Understanding the Data Protection Act 2018 is key, which replaces the Data Protection Act 1998 and aligns with the European Union’s General Data Protection Regulation (GDPR).
This legislation ensures that personal data is obtained and processed fairly and lawfully, kept only for specified purposes, and used in ways that respect the rights of the individual.
This legislation also requires that personal data be kept secure and hosted within the European economic area unless equivalent protections are in place.

The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety in the UK.
The Act places a duty on all employers to ensure, as far as is reasonably practicable, the health, safety, and welfare at work of all their employees, as well as individuals visiting their premises.

The Safeguarding Vulnerable Groups Act 2006 is central to protecting children and vulnerable adults from harm, abuse, or neglect.
This legislation requires that any unsuitable individuals are barred from engaging in regulated activity with children or vulnerable adults.

The Regulated Activities Regulations 2014 sets out descriptions of activities which are regulated by the Care Quality Commission.
This includes the provision of personal care, accommodation for persons who require nursing or personal care, and the treatment of disease, disorder, or injury.

The Care Act 2014 sets out a clear legal framework for how local authorities should protect adults’ wellbeing, dignity and independence, including how they should provide adult care and support services.
The National Health Service Act 2006 sets out most of the duties and powers of the Secretary of State for Health and Social Care, including duty to promote a comprehensive health service, duty to provide services, and duty to promote research.

The Equality Act 2010 is crucial to promoting equal opportunities and prohibiting unfair treatment in the workplace and wider society.
It brings together over 116 separate pieces of legislation into one Act, utilised to protect individuals from unfair treatment and promote a fair and more equal society.
It covers nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.