1.1 Summarise current legislation and statutory guidance that applies to all aspects of service provision

This guide will help you answer 1.1 Summarise current legislation and statutory guidance that applies to all aspects of service provision.

Understanding the legislation and statutory guidance that applies to adult care services is a key responsibility for anyone in a management or leadership position. Legislation sets out the legal requirements services must follow. Statutory guidance provides direction from government bodies about how to meet these legal requirements. Both aspects affect all areas of service provision, such as safeguarding, privacy, equality, health and safety, and record keeping. This guide covers most relevant laws and official guidance that shape adult care work.

Legislation and Statutory Guidance

Legislation means acts of Parliament and regulations that must be followed. These are laws. They often come with penalties for organisations or individuals that do not comply.

Statutory guidance means official instructions from government departments. This guidance explains how to meet the law’s requirements in daily practice. It is not the law itself but is expected to be followed unless there is a good reason for doing things differently.

You have to follow legislation. You should follow statutory guidance unless you have a clear, justifiable reason.

Legislation That Covers All Areas of Service Provision

The Care Act 2014

The Care Act 2014 is the main law for adult care and support in England. It lays out local authorities’ duties to provide care and support for adults and their carers.

Key points include:

• The duty to promote individual wellbeing, such as personal dignity, physical and mental health, control over day-to-day life, and protection from abuse.
• Arranging and delivering personalised care through assessment and planning.
• Preventing, reducing, and delaying care needs.
• Promoting integration between health, care, and support services.

The Act puts people at the centre of decisions and gives them more control over the support they get.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

These regulations describe what providers of regulated activities (like residential or home care) must do to operate safely and effectively in England. They cover:

• Person-centred care
• Dignity and respect
• Consent
• Safe care and treatment
• Safeguarding from abuse
• Staff recruitment and training
• Good governance
• Duty of candour (honesty if things go wrong)

The Care Quality Commission (CQC) uses these regulations to inspect and regulate care services.

The Mental Capacity Act 2005

This Act provides a framework for those working with adults who may lack the mental capacity to make decisions. Key principles include:

• Supporting people to make their own decisions whenever possible.
• Acting in a person’s best interests if they lack capacity.
• Allowing people to make unwise decisions, as long as they understand the risks.
• Using the least restrictive option when limiting someone’s freedoms.

The Act covers who can make decisions, how, and what safeguards are required.

Data Protection Act 2018 and UK GDPR

These laws govern how organisations collect, store, and use personal data. In adult care, personal data includes care records, contact details, and financial information.

Key elements:

• Data must be used fairly, lawfully, and transparently.
• Data must be protected against unauthorised access, loss, or theft.
• Individuals have rights over their data, such as the right to access and correct their records.

Breach of data protection laws can lead to heavy penalties for services and managers.

Safeguarding Vulnerable Groups Act 2006

This law sets out how to prevent unsuitable people from working with vulnerable adults. It led to the creation of the Disclosure and Barring Service (DBS), which helps employers make safer recruitment decisions.

Employers must check whether potential staff are barred from working in care roles. Failing to do this puts people at risk.

Equality Act 2010

This Act protects individuals from unfair treatment. It makes it illegal to discriminate based on “protected characteristics” such as:

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

All care and support activities must treat people fairly and make reasonable adjustments for disabilities.

Human Rights Act 1998

The Human Rights Act brings the rights in the European Convention on Human Rights into UK law. Rights most relevant to adult care services include:

• The right to life
• The right to be free from torture or inhuman treatment
• The right to liberty
• The right to a private and family life
• The right to marry
• The right not to be discriminated against

Care settings must not interfere with these rights without a strong legal reason.

Health and Safety at Work etc. Act 1974

This Act places duties on employers to protect the health, safety, and welfare of employees, service users, and visitors.

Main points:

• Carrying out risk assessments to manage risks
• Providing safe systems of work and adequate training
• Reporting incidents and dealing with hazards quickly
• Involving staff in health and safety discussions

Violation can lead to prosecution and large fines.

Medicines Act 1968 and Misuse of Drugs Act 1971

Services must manage medications safely and legally. Key requirements include:

• Storing medicine securely
• Recording administration accurately
• Training staff in safe procedures
• Preventing misuse of controlled drugs

Other Legislation Influencing Service Provision

You also need to follow:

• Public Health (Control of Disease) Act 1984: How to deal with infectious diseases.
• Employment legislation: Protecting workers’ rights, such as pay, working hours, and protection against unfair dismissal.

Statutory Guidance Relevant to Adult Care

Working Together to Safeguard Adults (Care Act Guidance)

This guidance explains how organisations should work together to protect adults from abuse and neglect. It describes:

• How safeguarding enquiries work
• What to do if abuse or neglect is suspected
• The role of safeguarding adults boards

It supports the duty to prevent and respond to abuse as set out by the Care Act.

The Code of Practice on the Mental Capacity Act 2005

This document explains how to apply the Act in practical terms. Managers and staff must refer to the Code when making decisions for people without capacity. It covers:

• Assessing capacity
• Best interests decision making
• Restraint and the use of restrictions
• Lasting Power of Attorney and Court of Protection

Care Quality Commission (CQC) Guidance

The CQC publishes statutory guidance on meeting the regulations:

• “The Fundamental Standards”: These are the basic standards below which care must never fall.
• Guidance on safe staffing, medicines management, person-centred care, and more.

Leaders must make sure their services can demonstrate compliance with these standards in all areas.

Data Protection Guidance

The Information Commissioner’s Office (ICO) gives guidance on meeting data protection rules, including handling records, obtaining consent for sharing information, and dealing with breaches.

Infection Prevention and Control Guidance

Public Health England (and successor agencies) publish guidance for adult social care settings. This includes:

• Isolation procedures
• Use of Personal Protective Equipment (PPE)
• Cleaning and environmental hygiene
• Reporting and managing outbreaks

Staff must follow this guidance to control infection risks for staff and service users.

Guidance on Managing Medicines

The National Institute for Health and Care Excellence (NICE) and the Royal Pharmaceutical Society (RPS) provide detailed advice about the safe storage, administration, and disposal of medicines in care settings.

Complaints and Whistleblowing Guidance

Government departments and the CQC guide how staff, service users, and families can raise concerns without fear. Clear whistleblowing procedures support openness and safety.

Safeguarding Guidelines (DBS and Local Policy)

Employers must check staff backgrounds using the DBS, following Home Office guidance. Local safeguarding adults boards may have additional procedures.

Areas of Service Provision Affected by Legislation and Guidance

Relevant laws and guidance touch every part of adult care. Examples include:

• Recruitment and Staff Checks – Carrying out DBS checks, following safe recruitment procedures.
• Care Planning and Person-Centred Support – Assessing needs and involving the person in planning their care, in line with the Care Act.
• Safeguarding – Identifying and responding to abuse, seeking advice from the local authority, and documenting actions taken.
• Handling Information – Protecting care records, sharing information only on a need-to-know basis, and giving people access to their records.
• Equality, Diversity and Rights – Making adjustments for disabilities, using accessible formats, challenging discrimination, and promoting inclusion.
• Training and Development – Giving workers role-specific training, such as manual handling, infection control, and medication administration.
• Health and Safety – Providing a safe environment, from infection control to fire safety.
• Managing Complaints – Providing clear processes for raising and handling complaints, learning from feedback.

How Leaders Can Apply Legislation and Guidance

Establish Policies and Procedures

Leaders must translate legal and guidance requirements into clear policies. Examples:

• Confidentiality policy (based on DPA 2018)
• Safeguarding adults policy (based on Care Act Guidance)
• Health and safety policy

Monitor and Review Practice

Regularly review practices to check they match up with current legislation and guidance. Use audits, team meetings, and supervision to spot issues early.

Train Staff

Make sure everyone is aware of the key legislation and guidance that affects their role. Training should be up to date and relevant.

Record Actions

Keep good records of decisions, risk assessments, incidents, training, and audits. This protects individuals and shows compliance.

Respond to Updates

Legislation and statutory guidance can change. Managers need systems to track changes and update policies and training when needed.

Final Thoughts

Legislation and statutory guidance provide the standards for all adult care services in England. They shape how services support, protect, and empower adults who use them. Managers and leaders play a key role in applying these rules throughout every process.

It is not enough to know the name of each piece of legislation. Services must visibly embed the principles behind the law into daily routines and policies. Inspectors, service users, and families look for evidence that the law and guidance shape the way people are supported.

Staying informed, training staff, and keeping procedures up to date builds a high-quality, safe, and lawful service for everyone involved.