1.1 Explain how legislation and regulation influence working relationships with others

This guide will help you answer 1.1 Explain how legislation and regulation influence working relationships with others.

Legislation and regulation shape how you work with others in adult care. They set the boundaries for safe, lawful, and respectful relationships. Each law or set of regulations influences your responsibilities towards service users, carers, colleagues, and outside agencies. In a management or leadership role, you need to understand these influences to lead by example and set the right expectations for your team.

Laws and Regulations Affecting Adult Care

Several key pieces of UK legislation and regulation guide working relationships in adult social care. Some of the most significant are:

• The Care Act 2014
• The Health and Social Care Act 2008 (Regulated Activities Regulations 2014)
• The Mental Capacity Act 2005
• Data Protection Act 2018 and UK GDPR
• Equality Act 2010
• Safeguarding policies set by local authorities and regulatory standards set by the Care Quality Commission (CQC)

Each of these influences practice differently, but all work together to create safe, fair, lawful relationships.

The Care Act 2014

The Care Act 2014 lays out legal duties for local authorities and sets out how to provide care and support. It demands that you place the wellbeing of the individual at the centre of your work.

Working relationships are affected because:

• You must involve people in planning their own care.
• Workers must work with carers and other professionals to meet needs in a joined-up way.
• Respect for dignity and privacy becomes a legal expectation.
• There is a duty to work together with health colleagues and local authorities.

The Act promotes ‘co-production’. This means service users and carers are seen as equal partners. You respect and value their input and base care on their wishes and aspirations. Managers must set this expectation and model it in their working relationships.

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

CQC (the regulator in England) uses these regulations to decide if services are safe and effective. Regulation 9 and Regulation 11, for example, state that care should always be person-centred and based on consent.

This shapes relationships because:

• Staff must listen to the individual’s wishes.
• You must gain valid consent before providing support.
• Staff must encourage choice and control.
• You must work openly and honestly with other professionals, sharing information where appropriate.

If your organisation fails to meet these standards, you may face enforcement action and negative inspection reports. Such consequences further drive respectful, open relationships.

The Mental Capacity Act 2005

The Mental Capacity Act helps protect people who may not have the ability to make certain decisions for themselves. It influences working relationships by:

• Ensuring staff always presume a person has capacity unless proven otherwise.
• Requiring staff to support people to make their own decisions as far as possible.
• Instructing workers to act in the person’s best interests when they cannot decide for themselves, but only after discussions with others, including family, advocates, and professionals.

The Act draws clear boundaries about who has the legal right to decide. Working relationships depend on checking, recording, and following MCA guidance at each step. This may mean meetings and careful communication when decisions are complex.

Data Protection Act 2018 and UK GDPR

Protecting personal information remains central to all care work. Laws such as the Data Protection Act and UK GDPR influence daily practice when working with others:

• You need to share information with professionals, but only when there is a lawful reason.
• You must gain permission to share, unless the law says you must share without consent (such as when someone is at risk).
• You must keep records secure and only share them with those who have the right authority.

These rules can make working relationships complex. Managers need to provide clear instructions so staff know what to share, when, and with whom. Honest, respectful relationships depend on trust, and effective sharing is part of that trust.

Equality Act 2010

The Equality Act protects people against discrimination. It covers protected characteristics, such as age, disability, gender reassignment, race, religion, sex and sexual orientation.

This Act shapes relationships because:

• Everyone must be treated fairly and with respect.
• Staff must challenge discriminatory language or behaviour.
• Recruitment, promotion, and training need to provide equal opportunities.

Leaders set expectations through policies, supervision, and training. They must act quickly if relationships between staff, or between staff and service users, fall short of these standards.

Safeguarding Policies and the CQC’s Role

Safeguarding means protecting adults from abuse or neglect. Every local area has multi-agency safeguarding policies. CQC checks how organisations protect people in line with these rules.

This affects working relationships because:

• Staff must share concerns with their line manager, safeguarding lead, or local authority quickly.
• Staff should not keep secrets if someone is at risk.
• You must take care to treat all concerns seriously, without bias.
• Open, respectful communication is needed with families, professionals, and the person at risk.

Some situations need a balance between sharing information and respecting confidentiality. Strict guidance exists, and managers must help staff feel confident in these areas.

Duty of Candour

The duty of candour is a legal responsibility to be honest when things go wrong. This means:

• Telling the person and their loved ones when a mistake has caused harm or could have done so.
• Offering an apology.
• Keeping the person informed as investigations proceed.

This shapes relationships because it sets an expectation of honesty rather than blame. It encourages learning and repair, rather than secrecy or cover up.

Professional Standards and Codes of Conduct

Besides laws, professional bodies and employers require staff to follow codes of conduct. These include:

• Treating people fairly and with respect.
• Being honest and acting with integrity.
• Listening to others and acting on concerns.

Managers need to check that staff understand and follow the relevant code of conduct. If someone acts outside the code, a manager must step in quickly.

Organisational Policies and Procedures

Organisations must have clear policies and procedures that follow the law. These should make it easy for staff to know:

• How to work with others in a respectful way.
• When to share information, and when not to.
• How to challenge poor practice or discrimination.
• What to do if someone is worried about abuse or neglect.
• How to gain consent and involve people in their own care.

Managers are responsible for making sure these rules are up to date. They need to check that staff understand and follow them.

Building Strong Working Relationships

When workers follow law and regulation, they:

• Help protect people from harm.
• Support choice, control, and dignity.
• Build trust between staff, people who use services, their families, and other professionals.
• Make it safe to challenge poor practice.

Legislation does not work alone. Attitude, values, and good leadership bring it to life. Staff need to treat people as unique individuals even as they follow clear legal rules.

Challenges in Practice

Sometimes, law and regulation may seem in conflict. For example:

• A person wants to keep their information private, but another professional says they need it to provide care.
• A service user refuses care, but you have a duty to keep them safe.

In these cases, managers must help workers understand legal guidance and balance the different duties. This could mean holding a best interests meeting, seeking advice, or making a careful record of the decision-making process.

Regular Supervision and Training

Ongoing supervision and training are needed to keep everyone up to date with changing laws, policies, and regulations. This is especially important when:

• New staff join the team.
• There are changes in the law.
• After a safeguarding incident or complaint.

Supervision should allow staff to talk through worries and ask questions. It is a chance for managers to model the right way to work with others.

Culture and Expectations

Laws set the minimum standards, but the culture in a team, service, or organisation can shape relationships even more. Managers encourage a positive culture by:

• Praising examples of respect and team work.
• Taking quick action to deal with discrimination or bullying.
• Emphasising people’s rights at every stage of care.

Written rules matter, but the way people treat each other each day is what builds trust and safety.

Joint Working and Multi-Disciplinary Teams

Law and regulation set expectations for joint working between care staff, health professionals, social workers, and others. The Care Act and CQC standards are clear that joined up care improves outcomes.

Managers must:

• Arrange regular meetings between professionals.
• Make sure people know their role and share appropriate information.
• Give time and resources to support joint working.

Legislation expects you to overcome barriers and put the person first.

Conflict Resolution

When disagreements arise, the law offers guidance. For example:

• The Mental Capacity Act gives a process for settling disagreements about best interests.
• Safeguarding law sets out clear escalation routes.

Managers should train staff to hold calm, respectful conversations, keep detailed records, and ask for advice if needed. All parties should focus on the rights and wellbeing of the person receiving care.

Whistleblowing

The Public Interest Disclosure Act 1998 protects workers who raise concerns about poor care. Senior staff must:

• Make staff aware how and when to raise concerns.
• Take reported concerns seriously.
• Protect anyone who speaks out from victimisation.

This creates an environment where issues are tackled quickly and openly. It builds safety into working relationships by removing fear of blame.

Final Thoughts

Laws and regulations set the standard for working relationships in adult care. They protect staff, service users, and the public. A good manager helps all staff understand and apply these standards in practice. They use policies, training, modelling, and supervision to support the team.

By following these laws and regulations, you help create an environment based on respect, safety, and honesty. This allows everyone involved—whether giving or receiving care—to work together in the right way and achieve the best possible outcomes.