1.1 Summarise current legislation, statutory guidance and national policies that promote personalisation

This guide will help you answer 1.1 Summarise current legislation, statutory guidance and national policies that promote personalisation.

Personalisation is a key principle in health and social care in the UK. It focuses on providing support based on individual needs, preferences, and aspirations rather than fitting people into pre-defined services. Several pieces of legislation, statutory guidance, and national policies support personalisation. These frameworks aim to give people more choice and control over the support they receive.

Care Act 2014

The Care Act 2014 is one of the most significant pieces of legislation promoting personalisation in England. It provides adults with a legal right to individualised care and support services. The Act emphasises wellbeing and puts the individual at the centre of decision-making.

Key points include:

• A duty for local authorities to assess individuals’ care needs.
• The introduction of care and support plans tailored to the person.
• Personal budgets allowing people to manage their care funding.
• A focus on preventing care needs likely to arise in the future.
• Rights for carers to have their own assessments and support plans.

This framework makes it easier for people to access personalised services and ensures their voice is heard.

Children and Families Act 2014

This Act applies to children and their families. It supports personalisation for children with special educational needs or disabilities (SEND). It introduced Education, Health and Care (EHC) plans. EHC plans replace statements of special educational needs and ensure that children’s health, care, and education needs are met in a holistic way.

Key developments include:

• A stronger role for families in decision-making.
• The ability to request personal budgets for children’s care and education needs.
• Local authorities are required to provide clear SEND service information (Local Offer).

This gives families the flexibility to make choices that best suit their child’s needs.

Health and Social Care Act 2012

The Health and Social Care Act 2012 aims to modernise the NHS and deliver care that reflects individual choices. The Act introduces several measures to promote personalisation, including:

• A focus on patient-centred care.
• Increased opportunities for people to be involved in decisions about their healthcare.
• Incorporating patient feedback into service improvements.
• The promotion of integration among health and social care services.

By expanding individuals’ roles in their care decisions, this Act encourages care that aligns with personal preferences.

Mental Capacity Act 2005

The Mental Capacity Act 2005 is designed to protect and empower people who may lack the ability to make certain decisions. It provides a framework for decision-making when someone lacks capacity, ensuring their unique needs and rights are respected.

Important principles include:

• Assuming individuals have capacity unless proven otherwise.
• Supporting individuals to make their own decisions.
• Making decisions that are in their best interests if they cannot decide for themselves.
• Encouraging participation as far as they are able.

This law ensures that personalisation applies even when an individual has reduced ability to make their own choices.

Statutory Guidance for Local Authorities and NHS Bodies

Statutory guidance outlines mandatory responsibilities for organisations delivering care. For personalisation, guidance often revolves around implementing legal rights and encouraging person-centred practices. Key areas in statutory guidance include:

• Developing services that fit individual needs rather than general templates.
• Promoting direct payments for individuals to choose their own care services.
• Encouraging organisations to involve individuals in care planning decisions.

Statutory guidance supports the practical delivery of personalised care by reinforcing legal responsibilities.

Personal Health Budgets

Personal Health Budgets give individuals funding to arrange their healthcare support independently. This policy lets people work with health professionals to design care packages matching their needs. Personal health budgets are part of the broader personalisation agenda, making healthcare adaptable.

Important principles of this initiative include:

• Flexibility to allocate funding to preferred services.
• Choice over who provides care and support.
• Collaboration between patients and care teams.

This approach empowers people with long-term conditions to lead their care arrangements.

Localism Act 2011

The Localism Act 2011 gave local authorities greater freedom to respond to their community’s needs, including those needing care and support services. By allowing decision-making closer to the community, personalised services became more achievable.

Key measures include:

• Increased control over care budgets.
• A duty to consult the local population regarding services.
• Flexibility to meet specific needs rather than rely on centralised service models.

This strengthened the ability to deliver care tailored to local requirements.

National Health Service Constitution

The National Health Service (NHS) Constitution provides people with rights in healthcare, many of which align with personalisation. Rights involve choice, dignity, and respect for individual preferences.

Examples include:

• The right to be treated with dignity and respect.
• Access to information that helps individuals make decisions about their care.
• The right to personal choice in selecting healthcare providers.

These principles encourage organisations to value people as individuals.

The Equality Act 2010

The Equality Act 2010 protects individuals from discrimination in accessing care and support services. It ensures that care delivery considers protected characteristics like age, disability, race, gender, sexual orientation, and religion.

Key provisions include:

• Services must be accessible for everyone, regardless of background.
• Individual care plans must account for cultural and personal needs.
• Promoting equality and dignity in care practices.

This legal framework promotes fairness and supports personalised care for all groups.

Right to Choose Policy

The NHS Right to Choose policy gives patients more control over their healthcare. People can select their preferred treatment providers, services, and locations. This policy reflects principles of personalisation by prioritising choice and autonomy.

Highlights include:

• People can choose where to receive care for routine treatment.
• Options exist for mental health therapy providers.
• Personal preferences influence referral routes from GPs.

This process highlights the importance of giving individuals a say.

Putting People First Programme

Though this is no longer active, the Putting People First Programme was influential in shaping today’s focus on personalisation. It aimed to transform adult social care and give people greater choice in their lives.

Key outcomes included:

• Increased use of personal budgets for social care.
• Greater collaboration between care providers and service users.
• Emphasis on people’s rights and preferences.

This programme was a foundation for many subsequent policies promoting personalisation.

What Personalisation Means for Workers

For health and social care workers, understanding these legal and policy frameworks is vital. Personalisation means:

• Talking to individuals to understand their unique needs.
• Offering choices wherever possible.
• Supporting independence and dignity.
• Advocating for people’s rights and preferences.

Workers must apply these principles every day to provide care that respects individuality. Meeting legal requirements builds trust and improves service quality.

Final Thoughts

Legislation, statutory guidance, and national policies all contribute to personalisation in the UK’s health and social care system. These frameworks shape how care is delivered and ensure individuals remain central to the process. Personalisation helps service users lead more fulfilling, independent lives, and as a worker, your role is vital in applying these laws and policies effectively.