Explaining Discriminatory Practice in Health and Social Care – Level 3 Health and Social Care Cambridge Technical Revision

Understanding Discriminatory Practice

Discriminatory practice refers to unfair or unequal treatment of individuals or groups based on certain characteristics such as race, gender, age, religion, sexual orientation, or disability.
Any acts, behaviours, or policies that disadvantage or treat people unfairly due to these factors can be seen as discriminatory practices. This can happen even if the person or organisation did not intentionally mean to discriminate.

Direct discrimination occurs when a health and social care provider treats someone with a protected characteristic less favourably than they treat others.

Indirect discrimination happens when a rule or policy applies to everyone but disadvantages a person with a protected characteristic.

Discrimination by association refers to treating someone unfairly because they are associated with another person who possesses a protected characteristic.

Discrimination by perception is when someone is treated unfairly because others believe they possess a particular protected characteristic, even if they do not.

Discriminatory practices can lead to many negative outcomes, including lack of access to services, poor standard of services, and negative impacts on health and wellbeing.
It can cause distress, impact individuals’ mental health, and overall quality of life. It also undermines the key principles of care: inclusion, equality, and diversity.
Organisations that are found to discriminate can face legal repercussions, including fines, penalties, or closure.

To counter discriminatory practices, health and social care professionals must promote and uphold anti-discriminatory practice.
This includes treating all individuals with respect and dignity, providing personalised care that meets their specific needs, and ensuring equality of access to services.
Policies and procedures should be implemented to prevent discriminatory behaviour, and staff should be educated and trained to understand and promote equal treatment.
Anti-discriminatory practice also involves advocating for individuals, empowering them to express their needs and make decisions about their care, and ensuring that their rights are respected.

The Equality Act 2010 protects individuals with certain ‘protected characteristics’ from discrimination in health and social care settings. These characteristics include age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex, and sexual orientation.
The Act encourages fair treatment and equal opportunities for all, helping to challenge and prevent discriminatory practice.

As a part of the Equality Act, public sector organisations, including health and social care providers, have a duty to ensure they do not discriminate, and must take active steps to promote equality.
They are required to eliminate discrimination, advance equality of opportunity, and foster good relations between different people.
For example, an NHS hospital must not refuse to treat someone because of their race or gender, and should aim to make its services accessible to everyone, regardless of their language needs or disability.