Current and Relevant Legislation

The Health and Social Care Act 2012

The Health and Social Care Act 2012 created new roles and responsibilities for organisations operating in the health and social care sector.
It established the role of Clinical Commissioning Groups (CCGs), which play an essential role in planning and commissioning public health services.
The Act also introduced an independent organisation tasked with regulating care services: The Care Quality Commission (CQC).
All providers of regulated activities, including both NHS and private services, have to be registered with the CQC and meet relevant quality and safety standards.

The Equality Act 2010

The Equality Act 2010 protects people from discrimination in the workplace and in wider society.
In the context of health and social care, this means that services must be accessible and fair for everyone, regardless of their age, disability, gender, race, religion or sexual orientation.
Health and social care providers are also required to make ‘reasonable adjustments’ to ensure their services are accessible to people with disabilities.

The Care Act 2014

The Care Act 2014 represents the most significant reform of social care law for over 60 years, aiming to put people’s wellbeing at the heart of the care and support system.
It sets out the duties of local authorities to provide services that prevent people’s care needs from becoming more serious.
Under the Act, local authorities also have a duty to provide information and advice on care and support to assist individuals in making decisions about their care.

The Data Protection Act 2018

The Data Protection Act 2018 is a law designed to protect personal data stored on computers or in an organised paper filing system.
In health and social care, this law plays a significant role as sensitive and personal information about patients and service users needs to be stored securely and confidentially.
It also gives individuals the right to know what information is held about them and how it’s used.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 provides a statutory framework to empower and protect people who may not be able to make their own decisions.
It also allows individuals to plan ahead for a time when they may lack the capability to make specific decisions.
The Act contains a ‘best interests’ principle, which means that any decision made or action taken on behalf of someone who lacks capacity must be done in their best interests.

Remember, understanding these legislations is crucial as it dictates the operation and responsibilities of every worker in the health and social care sector. Different laws apply to different aspects of care, protecting service users and ensuring their rights and needs are adequately met. Compliance with these laws is not optional but a vital requirement for all who work within the sector.