1.1 Outline current legislation, national guidelines, organisational policies and protocols which affect working practice

This guide will help you answer 1.1 Outline current legislation, national guidelines, organisational policies and protocols which affect working practice.

Health and social care is shaped and controlled by a range of laws, guidelines, and workplace policies. These rules set clear standards. They protect those who receive care and help staff provide safe, respectful services. This guide covers the main legislation, guidelines, and organisational policies, showing how they affect daily work in health and social care.

Legislation Affecting Practice

The Care Act 2014

The Care Act 2014 is the main law for adult care and support in England. It explains what local councils must do to assess people’s needs and provide support. One key message is promoting wellbeing and independence.

The Act covers areas such as:

• Assessing needs fairly and consistently
• Providing support to prevent or delay care needs
• Placing people at the centre of care planning

The Act says workers must focus on dignity, choice and control. It also introduces safeguarding duties, so everyone works to protect adults from abuse or neglect.

The Health and Social Care Act 2012

This law changed how services are organised and delivered. It set out how the NHS and local authorities must work together. The Act introduced clinical commissioning groups (CCGs) and a new focus on patient choice.

It asks for:

• Joined-up working between health and social care
• Involving people in decisions about their care
• Meeting equalities duties

The Act aims for higher quality standards and more responsive services.

The Children Act 1989 and 2004

The Children Act is the main law for protecting children’s welfare. It sets out the duties of local authorities, parents and other agencies. The law says all professionals must help keep children safe and act if they suspect harm.

Key points include:

• Putting the child’s welfare first
• Working with families to keep children safe
• Sharing information with other agencies

The outcomes from this law include the ‘Every Child Matters’ framework. This covers being healthy, staying safe, enjoying life, achieving, and making a positive contribution.

The Mental Capacity Act 2005

This law helps protect people who can’t make some or all decisions themselves. The Act covers adults aged 16 and over. It sets clear rules for assessing capacity and supporting people to make their own choices if possible.

The Act includes five main principles:

• Assume capacity unless proven otherwise
• Support people to make their own decisions
• Respect unwise decisions
• Act in the person’s best interests
• Choose the least restrictive option

The Act also explains how to make decisions for others, including using a Lasting Power of Attorney or Court of Protection.

The Equality Act 2010

This Act replaces earlier anti-discrimination laws. It protects people from discrimination in the workplace and when receiving services.

Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Workers must make reasonable adjustments and promote fairness, ensuring everyone has the same chance to access health or care services.

The Data Protection Act 2018 (DPA) and UK GDPR

The Data Protection Act and UK General Data Protection Regulation regulate how personal information is used. Health and social care workers must keep personal data safe, confidential, and use it only for lawful purposes.

Main requirements:

• Collect only necessary information
• Store data securely
• Share information only with consent or lawful reason
• Keep information accurate and up to date
• Allow people to access their own records when requested

This law supports people’s right to privacy. It places duties on those handling personal data to follow good practice.

Safeguarding Legislation

Several laws and guidance pieces underpin adult and child safeguarding. These require staff to spot signs of abuse, report concerns, and contribute to enquiry processes. They include:

• Safeguarding Vulnerable Groups Act 2006
• Protection of Freedoms Act 2012
• Children’s and Adults’ safeguarding guidance (Working Together to Safeguard Children, 2018)

All care staff must follow set reporting routes and take action to protect people from harm.

The Human Rights Act 1998

Human rights law protects people’s basic rights and freedoms. Care workers must respect rights such as privacy, dignity, and the right to life.

Examples include:

• Freedom from degrading treatment
• Right to a fair hearing
• Respect for private and family life

This law underpins all care work and helps maintain standards of respect and equality.

National Guidelines

National guidelines set out best practice standards. They are written for all professionals and support consistent, safe, and high-quality care.

National Institute for Health and Care Excellence (NICE) Guidelines

NICE issues clear, evidence-based guidance for health and social care. They help staff:

• Treat conditions in line with proven methods
• Assess risk fairly
• Promote recovery and independence
• Manage medicines and treatments safely

These guidelines do not replace law, but employers expect staff to follow them unless there is a good reason not to.

Care Quality Commission (CQC) Regulations

The CQC is the independent regulator of health and social care in England. It sets the ‘Fundamental Standards’ that all providers must meet.

The standards cover:

• Safe care and treatment
• Need for consent
• Person-centred care
• Dignity and respect
• Safeguarding
• Complaints handling
• Good governance
• Staffing
• Clean premises and equipment
• Duty of candour (openness when something goes wrong)

The CQC inspects services and can take action if standards are not met. Staff must be aware of these standards and follow them in everyday tasks.

Department of Health and Social Care (DHSC) Guidance

The DHSC regularly provides new advice through public health alerts, circulars, and online bulletins. These can include new laws, public health campaigns, and updates on infection control.

A worker needs to stay up to date using official channels and team briefings.

Public Health Guidance

Public Health England (now called the UK Health Security Agency) and the NHS publish recommendations on controlling infections and managing outbreaks. These are especially important in care homes, hospitals, and community settings.

Key examples:

• Hand hygiene procedures
• Safe disposal of clinical waste
• Use of protective personal equipment (PPE)

Following this guidance prevents infections from spreading and protects vulnerable groups.

Organisational Policies and Protocols

Each health and social care provider has its own set of rules and procedures. These align with legal and national standards, but they detail how staff should act in real situations.

Policies

Policies are formal statements explaining how things should be done. They set out the organisation’s approach on key topics.

Common policy topics include:

• Safeguarding (adults and children)
• Whistleblowing (reporting poor or unsafe practice)
• Confidentiality and data protection
• Equality and diversity
• Health and safety
• Infection prevention
• Medication management
• Handling complaints
• Consent

Policies help bring consistency in how staff work. They also protect staff and service users by setting boundaries.

Protocols and Procedures

Protocols give more detail than policies. They describe the exact steps staff should follow when carrying out certain activities.

Examples:

• Safe lifting and moving of people
• Recording and reporting incidents
• Administering medication
• Escalating safeguarding concerns
• Dealing with aggressive behaviour
• Cleaning and disinfection

Following protocols keeps people safe and reduces the chance of mistakes.

Codes of Conduct

Many staff are registered with a professional body. For example, the Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC), or General Medical Council (GMC).

Each body sets out a Code of Conduct. This is a clear set of expectations on standards of behaviour, competence, and ethics.

Codes typically expect staff to:

• Respect people’s rights
• Be honest and trustworthy
• Keep skills and knowledge up to date
• Work safely and cooperate with others
• Respect confidentiality
• Raise concerns about poor practice

Failure to follow codes of conduct can result in disciplinary action, suspension, or removal from the register.

Influences on Day-to-Day Working

Meeting these laws, guidelines, and policies affects many routine tasks. These rules guide how you interact with those you support, make decisions, keep records, and work with colleagues.

Examples include:

• Checking a person’s capacity before making decisions for them
• Using correct PPE to prevent infection
• Respecting privacy by discussing personal information only with those who need to know
• Using risk assessments and care plans created in line with best practice guidelines
• Only giving medication if you have the training and it follows workplace policy
• Talking to managers if you notice abuse, neglect or unsafe situations

Long lists of rules can seem overwhelming. Most organisations have training to help you understand key legal duties and practical protocols. Regular updates and team meetings also keep everyone informed about changes.

Training and Support

Induction training covers key laws, organisational policies, and everyday expectations. It is the responsibility of each member of staff to learn and follow these standards.

Refresher training helps keep up with best practice and updates in law or guidance. This might include:

• Annual safeguarding updates
• Data protection training
• Health and safety sessions
• New protocols after serious incidents or updated government advice

If you have questions about what a policy means or how to meet a guideline, ask your line manager, supervisor, or designated safeguarding lead for clarification.

The Importance of Following Laws, Guidelines and Policies

Following these rules protects everyone involved. It:

• Reduces harm or risk to service users
• Supports good outcomes and person-centred care
• Prevents discrimination or unfair treatment
• Promotes dignity, respect, and choice
• Reduces complaints, legal claims, and investigations into misconduct
• Builds trust in care services

If something goes wrong, showing that you followed law and policy can help protect you and your organisation.

Consequences of Not Following Standards

Ignoring legislation, national guidelines, or workplace policies can have serious results. Risks include:

• Harm to service users (physical, emotional, financial)
• Loss of public trust and reputation
• Disciplinary action, up to dismissal
• Being removed from a professional register (if registered)
• Legal action, including criminal charges
• Fines or sanctions against the workplace

It is good practice to ask for help if unsure, rather than guessing or cutting corners.

Final Thoughts

Current legislation, national guidelines, organisational policies and protocols affect every aspect of work in health and social care. These rules safeguard the rights, dignity, and safety of those receiving care and those providing it.

Knowing, understanding, and applying these requirements is not just about following the law. It forms the basis of good, respectful, and effective care. Every staff member has a part to play in keeping standards high and making care settings safe and supportive places for all.