2.2. Summarise current legislation and policy in relation to public health

This guide will help you answer 2.2. Summarise current legislation and policy in relation to public health.

Ensuring public health is a fundamental responsibility shared between the government, local authorities, and healthcare professionals. This involves preventing illness, improving well-being, and reducing health inequalities. In the UK, there are key pieces of legislation and policies designed to protect and promote public health. In this guide, we provide a summary of the current laws and policies shaping public health in the UK, explaining how they impact professionals in health and social care. Check the government website for the latest updates.

The Health and Social Care Act 2012

The Health and Social Care Act 2012 plays a significant role in public health policy. This legislation restructured healthcare delivery in England and redistributed responsibility for public health. It shifted many public health duties from the NHS (National Health Service) to local authorities, empowering councils to focus on preventative measures and community well-being.

Key elements include:

• Creation of Public Health England (PHE) (now replaced by the UK Health Security Agency and the Office for Health Improvement and Disparities): PHE focused on improving public health and responding to health emergencies.
• Local government responsibilities: Councils received resources to tackle health issues like smoking, obesity, and substance misuse.
• Health and well-being boards: These boards were introduced to encourage collaboration between the NHS, local councils, and voluntary sectors to meet regional health needs.

The Act also underlines the importance of reducing health inequalities. Local authorities must ensure that health improvements favour everyone, especially disadvantaged communities.

The Public Health (Control of Disease) Act 1984

This Act sets out the legal framework for managing infectious diseases and public health emergencies. It provides the government with powers to protect the population from communicable diseases. For example, during the COVID-19 pandemic, this legislation allowed the government to introduce measures like quarantine, isolation, and restrictions on movement.

The Act includes provisions for:

• Diagnosing and managing notifiable diseases (those that must be reported to public health authorities, like tuberculosis or COVID-19).
• Ensuring local authorities have enforcement powers to protect the public, such as closing premises during disease outbreaks.
• Mandating cooperation between authorities, healthcare providers, and laboratories to share disease data and prevent further spread.

This law highlights how healthcare workers and social care providers must ensure early identification, reporting of cases, and adherence to health regulations.

The Equality Act 2010

The Equality Act is essential in reducing health inequalities. It prohibits discrimination based on protected characteristics, such as age, disability, gender, race, religion, and sexual orientation. In health and social care, this law ensures services are accessible and fair to all individuals, regardless of their background or identity.

Within public health, this law aims to:

• Reduce bias in service delivery, ensuring everyone has equal access to treatment and support.
• Increase focus on marginalised groups’ health needs, recognising that they often suffer worse health outcomes.
• Influence public health campaigns to be inclusive and accessible, such as providing materials in multiple languages or formats for people with disabilities.

The Children Act 1989 and 2004

The Children Act is central to protecting young people’s health and well-being. It ensures that all services involving children must prioritise their best interests. The 1989 Act focused on safeguarding children, while the 2004 amendments made organisations legally responsible for promoting better co-operation between agencies.

In public health contexts, this focuses on:

• Promoting healthy development in children through immunisation, healthy eating initiatives, and mental health support.
• Encouraging schools to implement health education to prevent future issues.
• Making safeguarding efforts more integrated, so health and social care professionals better coordinate responses to concerns about child neglect or abuse.

The Mental Health Act 1983 and 2007 Amendments

The Mental Health Act supports individuals with severe mental disorders, ensuring they receive appropriate care while balancing their rights and public safety. This law allows interventions, including detention and treatment under specific circumstances, regardless of the person’s consent.

Its relevance to public health includes:

• Addressing mental health as a public health issue alongside physical health.
• Supporting individuals experiencing crises, which reduces the risk of harm to themselves or others.
• Recognising rising mental health challenges and encouraging public campaigns to destigmatise mental illnesses.

This Act complements broader mental health policies designed to prevent issues like depression, anxiety, or addiction.

The Health Protection (Coronavirus) Regulations 2020

During the COVID-19 pandemic, temporary laws were introduced to limit virus transmission. These regulations, enacted under the Public Health (Control of Disease) Act 1984, illustrated the importance of having flexible policies ready to protect public health in emergencies.

Some of the measures included:

• Social distancing rules, lockdowns, and mask mandates to reduce the spread of the virus.
• Testing and vaccination requirements to identify and prevent illness.
• Financial penalties for breaching restrictions, encouraging compliance to protect others.

The pandemic highlighted the interconnectedness of global public health and showed how rapid legislation helps combat emerging health threats.

The Data Protection Act 2018 and GDPR

Public health relies on accurate data to track illnesses, assess needs, and evaluate services. The Data Protection Act 2018 aligns with the General Data Protection Regulation (GDPR) to safeguard individuals’ information.

Health and social care workers directly interact with data about service users. Public health professionals also process population data to inform policy decisions. The law ensures sensitive data is:

• Used fairly, lawfully, and transparently.
• Collected for explicit purposes, such as tracking outbreaks.
• Stored securely to prevent unauthorised access or loss.

A breach can damage trust and deter people from seeking treatment or participating in research.

Key Policies Shaping Public Health

National and local policies outline how public health priorities are identified and managed. These policies build on laws and aim to create healthier lives for everyone.

The NHS Long Term Plan

The NHS Long Term Plan focuses on prevention and early intervention to improve outcomes. It aims to reduce pressure on the NHS by tackling preventable illnesses, such as type 2 diabetes and heart disease.

Key goals include:

• Expanding NHS-funded support for smoking cessation, weight management, and alcohol addiction.
• Reducing waiting times for cancer diagnosis and treatment.
• Promoting mental health services, particularly for children and young adults.

Social care workers need to align their practice with prevention-focused initiatives in the Plan.

Healthy Lives, Healthy People: Public Health Strategy 2010

This strategy set a vision for public health improvement in England. It emphasised reducing health inequalities and placing responsibility for change with local bodies and communities.

Examples of its impact:

• Expanding free initiatives such as the NHS Health Check programme, which prevents cardiovascular disease.
• Increasing focus on public campaigns to change behaviours around smoking, poor diets, or inactivity.
• Recognising environmental factors affecting health, like air pollution.

Making Every Contact Count (MECC)

MECC is a framework promoting preventative care. It encourages healthcare and social care professionals to use routine conversations to offer advice about healthier lifestyles.

For instance:

• A support worker for older adults may talk about the benefits of flu vaccination.
• A nurse may highlight smoking cessation services when treating a patient for asthma.

This policy shows how small changes in day-to-day practice contribute to larger public health improvements.

Conclusion

Current legislation and policies work together to safeguard public health, reduce inequalities, and tackle preventable illnesses. For health and social care workers, understanding these frameworks ensures their practice remains lawful and client-centred. Laws such as the Health and Social Care Act 2012, alongside policies like the NHS Long Term Plan, encourage collaboration between professionals to protect and improve the nation’s well-being.