This guide will help you answer 1.1 Summarise the current legislation, national guidelines, policies, protocols and good practice guidelines which inform own practice in relation to supporting individuals undergoing healthcare activities.
When supporting individuals during healthcare activities, legislation sets out the standards you must follow. Laws shape how you work and protect the rights of all involved. These laws make sure people get safe, fair, and respectful care. Breaking the law can harm people and lead to prosecution or job loss.
Some of the most important legislation covering healthcare activities in the UK:
- The Health and Social Care Act 2012
- The Care Act 2014
- The Mental Capacity Act 2005
- The Equality Act 2010
- The Data Protection Act 2018 (GDPR)
- The Human Rights Act 1998
- The Safeguarding Vulnerable Groups Act 2006
The Health and Social Care Act 2012
This law focuses on how the NHS and social care services are organised. It sets out ways to involve people in their own care and strengthen patient choice. It requires local authorities and the NHS to work closely together. Staff must take account of people’s preferences, needs, and values.
The Care Act 2014
This Act gives clear guidance about supporting adults with care and support needs. It puts people at the heart of care and promotes dignity, independence, and wellbeing. The law also brings in safeguarding duties. This means you are responsible for spotting abuse or neglect and acting to prevent harm.
The Mental Capacity Act 2005
Supporting someone during healthcare activities often means checking if they can make their own decisions. The Mental Capacity Act sets out how to do this. It helps workers understand if someone can consent and what to do if they cannot. The principle is to always presume capacity unless proven otherwise. If a person cannot decide, you must act in their best interest and use the least restrictive option.
The Equality Act 2010
You must give equal treatment to everyone, no matter their age, disability, gender reassignment, marriage status, pregnancy, race, religion, sex, or sexual orientation. This law stops discrimination and helps people receive fair healthcare.
The Data Protection Act 2018 (GDPR)
Confidentiality is at the core of care. This law lays out rules for handling personal and medical information. Only those involved in care should access such details. If you fail to protect information, both you and your employer can face legal action.
The Human Rights Act 1998
Everyone has rights to dignity, privacy, family life and freedom from inhuman or degrading treatment. Supporting individuals during healthcare activities must always show respect for these rights.
The Safeguarding Vulnerable Groups Act 2006
This law ensures that people working with vulnerable adults or children are properly vetted. It created the DBS checks system. Only safe, suitable people should ever support individuals.
National Guidelines Shaping Practice
National guidelines provide the framework for high quality care. Health and social care staff should follow these guides, which make care more effective, safe, and person-centred.
Key sources for national guidelines:
- National Institute for Health and Care Excellence (NICE)
- Public Health England (now UK Health Security Agency and Office for Health Improvement and Disparities)
- The Department of Health and Social Care
NICE Guidelines
NICE writes evidence-based advice for health and care in England. Their statements on treatment, diagnosis, and procedures inform your daily work. For healthcare activities, this can cover:
- Infection control (e.g., using gloves and sanitiser)
- Patient monitoring
- Pressure area care
- Safe moving and handling
NICE guidelines spell out the best ways to offer care and limit harm. They are updated when new evidence comes to light.
Public Health England Guidance
These documents cover the prevention and control of infections, immunisations, and cleanliness. When supporting individuals, you must stick to the latest infection prevention advice. For example, you should wear the right personal protective equipment (PPE), use proper handwashing technique, and dispose of clinical waste safely.
The Department of Health and Social Care
The Department issues guidance for all government-funded healthcare. Their publications tell you how to safely administer medicines, report incidents, and deliver safe, compassionate care.
Local Policies and Procedures
Every care provider has its own set of policies. These turn legal and national rules into step-by-step guidance for your workplace. They tell you how to safely carry out each healthcare activity, such as giving medicines, changing dressings, or helping with mobility.
Local policies cover:
- Handling and recording medicines
- Responding to emergencies
- Infection control procedures
- Supporting people with eating or drinking
- Dealing with falls, injuries, or accidents
- Reporting abuse or concerns (safeguarding)
These policies keep everyone safe and maintain standards. Failing to follow them can break the law or lead to harm.
Protocols for Safe Practice
Protocols are detailed instructions on how to perform specific activities. They are based on best practice, research, and expert advice. Protocols help you deliver care fairly and reliably.
For example, you may find protocols for:
- Taking blood pressure
- Providing wound care or dressings
- Delivering personal care
- Moving and positioning people
- Supporting swallowing and nutrition
Protocols often include step-by-step checklists or flowcharts. These make it easier to notice if something is wrong or if you need help.
Good Practice Guidelines
Good practice guidelines come from regulatory bodies and sector experts. CQC (Care Quality Commission) is the main regulator in England, while Scotland has the Care Inspectorate and Wales has CIW.
These regulators publish:
- What Good Looks Like for care services
- Minimum standards of quality and safety
- Inspection criteria
Good practice also comes from organisations like Skills for Care, the Royal Colleges, or the British Medical Association. These organisations give advice on working professionally, maintaining records, supporting dignity, and handling complaints.
Importance of Keeping Skills Up to Date
Training and professional development keep you aware of changes in legislation, guidance, and best practice. It is your duty to learn new skills and stay current. This may include:
- Mandatory refresher training (e.g., infection control, safeguarding)
- Attending workshops or online courses
- Accessing updates from your employer or regulator
If you fail to refresh your knowledge or ignore guidance, you put people at risk.
Examples of Applying Legislation and Guidance
Infection Control – Following Law and Guidance
Legislation and guidelines demand infection control in all healthcare activities. For instance:
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 sets standards for cleanliness and hygiene.
- NICE guidelines provide up-to-date methods on preventing infection.
- Local protocols tell you how to wash hands, clean equipment, and dispose of waste.
By following all three, you cut infection risk.
Consent and Mental Capacity
Consent is a legal requirement. The Mental Capacity Act means:
- Always assume the person can consent unless clear assessment shows otherwise.
- If they cannot, any action should be in their best interests.
- Record consent, whether verbal, written, or implied.
Your employer will have policies for how to check and record consent. The law protects both you and the people you support.
Confidentiality and Record Keeping
Data protection law means you need to:
- Keep records accurate and up to date.
- Only collect information you need for care.
- Keep information private unless the law says you must share it (such as child protection or risk of serious harm).
Guidelines tell you to use locked cabinets, secure passwords, and double-check the recipient when emailing sensitive details.
Supporting Rights and Dignity
The Human Rights Act says people must be treated with respect and dignity. In practice:
- Knock and ask before entering someone’s room.
- Use curtains and covers during care activities.
- Involve people in decisions about their own care.
Organisational policies often describe exactly how to support dignity during healthcare activities. Regulators will ask to see how dignity is promoted when inspecting services.
Recognising and Safeguarding from Abuse
The Care Act states that safeguarding is everyone’s responsibility. This means if you spot signs of abuse—like bruising, unexplained injuries, or fear—you must follow procedures straight away.
Safeguarding protocols usually set out:
- Who to inform
- How to make a report
- What records to keep
You must not try to deal with abuse alone.
Inclusion and Fair Treatment
The Equality Act requires workers to provide fair access to care. In day-to-day practice, you may:
- Provide written information in large print or different languages
- Use accessible rooms and facilities
- Show respect for every belief and background
Recording in care plans how people prefer to be supported makes sure their rights are protected.
Reporting and Escalation
All staff should act if there is an incident, accident, or near miss. Following policies for reporting keeps care safe and lessons are learned. This may include:
- Incident forms
- Raising concerns with senior staff or safeguarding leads
- Using whistleblowing procedures if the concern is about the organisation itself
Policies protect your right to raise concerns without fear.
Professional Boundaries and Code of Conduct
Workers are expected to follow a professional code of conduct from bodies like the Health and Care Professions Council (HCPC) or the Nursing and Midwifery Council (NMC). Codes set out how to:
- Work within your own competence
- Seek supervision if unsure
- Deal honestly with mistakes
They act as a checklist for safe and ethical behaviour.
Final Thoughts
The laws, guidelines, policies, and protocols described all shape what you do every day. They:
- Protect people’s safety, welfare, and rights
- Make sure everyone gets fair, high-quality care
- Set down what you must and must not do
- Help you work with confidence and professionalism
You play a key role in making sure each person’s experience of healthcare respects their wishes and delivers safe, effective support. Being aware of the legal and practical frameworks is central to good practice.
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