Professional Practice in Health and Social Care
The sharing and application of personal information of an individual plays a significant part in the procedure of providing social care services, needed by individual service user. More frequent necessary for efficiency and effectiveness of performance of the services and for the interest of public. The nature of these applications, nevertheless, demands to be set concurrently to the expectations service consumers hold that all personal information should be held with the highest level of confidentiality. All the health and social care staffs in the UK have strong legal obligations to protect the service consumers’ personal information. The relationship between the health care personnel and service consumers is one of trust and high reliability. The consumers of health services have an implicit understanding whereby, the private information should not be disclosed or used without the consent and awareness of the involved parties. The service consumers in the UK have been given legal right to the confidentiality, whereby all the staffs have an obligation of confidence (Moonie, 2000).
The nature of obligation to protect the privacy is expressed in the terms of three cardinal principles. An individual has the right to privacy of any information that is related to their status of health and social life as given to the staff of the agencies, providing the services. All people in the UK have the right and obligation to regulate the availability of their personal information and right to disclosure of their personal health and social information. This can be attained through rights to withhold, and withdraw their consent from the service provider, thus, denying such service providers the power to disclose the personal information. For any suggested disclosure of the confidential personal information, social care and health professionals are supposed to have regard to the decision on whether to disclose such information is of any importance, or whether there is any uncalculated risk, and the proportionate (Rawlins, 2002).
LO1. Understanding how principles of support are implemented in health and social care practice
1.1 Explaining how principles of support are applied to ensure that individuals are cared for in health and social care practice
The support principles are important to the functioning of health and social care service. In case of social care, these principles are involved in the procedure of coming up with values that have instinct worthness to the services. The support principles are in the sense that they make the whole health service a success. A properly designed and implemented support system should be the determining factor for the individual to select the best support and care service. Eventually, this will ensure that the individual are able to attain the expected benefit from the treatment. People who have learning disability may not benefit from the support service if not considered for such people. Therefore, the support services should ensure that such people obtain the best care possible.
For the policy maker, they should be actively seeking the support services for a progressive wellbeing of the services users.
In the UK, the support and services for the people include home based care that help with services including shopping, cleaning, provision of disability equipment. There are also day centre services for children who may need special health care attention.
1.2 Outline the procedure for protecting clients, patients, and colleagues from harm
Every service user’s right to confidentiality and privacy and the service provider’s obligation to ensure that there is significant level of privacy is assured regardless of the nature of the information provided or communicated by an individual. In the UK the service provider use electronic filing method, paper record, videos, and photographs, as well as some biological specimen; it also does not matter whether the provided information is held by the clients of the service or it is held by the third party. Specific caution is needed on the part of the service provider to make sure that the right to privacy for the vulnerable service users, more so to parent of incapacitated children, is adhered to and that the responsibility of confidentiality bestowed on them is not compromised(Moonie, 2000).
In the UK the revised codes of practice are meant to support the health and social workers in their effort to make right decisions concerning the protection, application and the disclosure of the personal information of the service users. The revised code of practice provides the guidance to help in the decision making with the respect to the service users’ information.
Further, these codes of practice are the reference point for the social worker, and the raising queries that are not answered in these codes of conduct should be addressed to the relevant Personal Data Member, or other member of the department that is responsible for the information protection. The code of practice has not addressed entire situations exhaustively and there are chances that difficulty in judgement will occur from time to time. The data protection laws, the human right laws, law of privacy are complex. These Codes of Conduct ought to be considered as the complete statements of law, though the legal advice needs to be sought where necessary (Rawlins, 2002).
1.3 Analysing the benefit of following a person-centred approach with users of health and social care services
The revised Codes of Practice were designed and meant to take the place of the earlier guidance that was prepared and issued in 2008. Where it may be relevant it refers to the Dates Sharing Code of Conduct of the commissioner’s office. Further the ethical and the legal developments, the changes in the guidelines, and any other relevant policy may come after the codes of practice have been enacted. The health and social worker ought to keep themselves up to date with the latest information on any developments that may be relevant to their functioning. The modern health care services involve sharing of information to provide the best treatment, however, the extent of the control over the information they share is not specifically known to the service consumers.
The Service consumers ought to be informed in an accessible manner concerning the applications and the disclosures of the needed information.
It is therefore important for service provider to be informed of the existing limitations of the confidentiality. The important constitutional duty, to disclose the information and the duty of the health and social care are for the staffs to release the information to the public, should be regulated by code of conduct as provided. Before seeking information from the service users, it is important that the service provider informs the clients of their services and the circumstances in which they may provide, withdraw, or withhold the consent to the application of their personal information (McKeown, 2011)
1.4 Explain ethical dilemmas and conflict that may arise when providing care support and protection to users of health and social care services
The consent of the service consumer to the service provider is one of the dilemmas. The user’s consent is the only mean by which they may exercise their control and right over the dissemination of their private information. The disclosure and use of the personal information is justified through the consent of the service consumer. The service user may withhold the consent or withdraw the same.
In the case where the service user denies the consent to disclosure and refuses to give the information needed, such information may not be disclosed, except for the cases, when there is any other justification to do so notwithstanding the consent. The staff ought to agree with the service consumers as to why the disclosure of their personal information may serve the user’s interest, and a refusal may cause their own disadvantages. Unless there are overriding public interests, the information should not be disclosed, when the user in question is an adult with right to withhold the consent (Rawlins, 2002).
LO2.Understanding the impact of policy, legislation, regulation, codes of practice and standards on organisation policy and practice
2.1 Explaining the implementation of policies, legislation, regulations and codes of practice that are relevant to own work in health and social care.
Access to Health Records
According to the policy on the access to the health records, all individual in the UK, retain the right to access their health records. The individual records should be accurate and clearly recorded. All information in the record should provide the sources which includes the third parties indicating whether they are opinions or facts. They should also show how they were analysed to come up with the final decision as may be outlined. Things that are included in these records include the conflict and the dilemmas as well as how they are supposed to be managed or reviewed. One should make sure that any entry in the health records are not compromising the information that may be needed for legal proceedings.
For implementation of the Codes of Practice, there exist several principles one should adhere to when considering the application and the disclosure of the confidential information for the secondary purposes.
The organizations that are seeking personal information from the user of the health and social cares for the other than direct care are demanded to seek anonym zed data. To ensure the process of pseudonymisation, the healthcare number of the service users ought to be applied whenever it is possible. Further, it is clear that the HCN is used as an identifier.
To accomplish this, all the organizations that are seeking to obtain any personal information from the health and social care services are required to clearly describe the information that care worker want, the choices available to the client, and why service users need the information.
In case where the consent of the users of the services cannot be obtained for the purpose of disclosure, though there is a clearly health and care interests at risk- such as disease registries, administrative and financial inspection-and as well as the probity checking so as to provide the assurance on the extent of service provision. In the UK, the department is currently putting into consideration the introduction of the legislation to handle the situation where it is found necessary to side-line the common law regulation of the confidentiality for the essential social and healthcare reasons. Currently, the legislation for the health and social care reasons does exist in the UK and Wales, though not in Scotland or Northern Ireland (Rawlins, 2002).
2.2 Explaining how local policies and procedures can be developed in accordance with national and policy requirements
The permission is not needed in case there is a statutory responsibility to the disclosure or the optional disclosure should be justified for the purpose of public interest. Nevertheless, it may be important to put into consideration the consent for the disclosure provided the public interest does not override the social the interest in the maintenance of the discretion.
In other situations it may be appropriate to evaluate the disclosure as presented to the service users so as to protect the relationship with the service providers.
In place where a statute, tribunal or court has implemented the requirement for disclosure of private information, health information should only be considered where such information is needed for the purpose of local Law. Where there is any other reason to be complied with, the statutory responsibility to disclose the information may cause some harm to the consumers, the legal information should be sought. Where appropriate, it should be confirmed that the consumers are informed of the reasons of the proposed revelation of personal information, what information is intended to be disclosed, and to whom the information will be revealed (Leathard, 2007).
2.3 Evaluate impact of policy, legislation, regulation, and codes of practice on organizational policy and the practice.
In all the situations of optional confession for public interest, there should to be no legal accountability, to the contrary, disclosure may is justified depending with the balancing of interests in conflict (Moonie, 2000).
There is a need to ensure that any disclosure does not interfere with consumers’ right to confidentiality. The main benefit of the disclosure is uncertain. Though the balancing of interests and disclosure against the interests of the consumers tend to be a difficult task, it is easier to perform it when the conflict of rights of the identifiable third parties is likely to occur, than is with a diffuse public interest.
In the situation where there is disclosure of personal information to protect the overriding of the third party, every case ought to be regarded on its own merit. The evaluation remains on whether, the disclosures of information to protect the rights of the third party are prevailing over the obligation of the privacy due to the service users of health and social services. In the process of ensuring this balance it is important to remember that there may be substantial public interest in the observation of the privacy. However, this should not be used to construe the balancing as the point between the individual rights against the interest of the public (Atwal, 2009).
LO3. Understanding the theories that underpin health and social care practice
3.1. Impact of the Social Process
There are several forms of institutional theories, but all of them have their focus on the aspect of the social structure. The institutional theory puts into consideration the theories routines and norms that have become the guidelines for the social care, while seeking the explanation to the organizational and social phenomena via cultural and cognitive explanations. The institutional theory laid emphasis on the importance of the non-formal social structures that have been developed and implemented within specific settings (Leathard, 2007).
3.2 Analysing how social processes impact on users of health and social care
Workforce and Empowerment Development
The service user development and empowerment has a significant implication for the training, education and the working methods of the health and social workers. According to Barnes and Walker (2008), they indicated that the preparedness to the embrace and the loosen control of the user’s solutions and definitions call for the different levels of knowledge from those of the professionals. The social practice further impacts the users by developing many principles.
Commitment to the developing an empowering approaches that challenges the repressive practice. This calls for the users to work through an empowering process that entails planning and working together as well as evaluating the results. The provider of the social care and health services ought to facilitate the users of these services with decisions over the options; the providers have to maintain high level of commitment as to empower people and to change their circumstances rather than just adjusting to those changes (Dziegielewski, 2003).
3.3 Evaluate the effectiveness of inter-professional working
One of the major challenges that are the result of over emphasis on the improving the effectiveness of the management in the public services is the conflict in the way the UK government funding, accountability and performance indicators are organized. It tends to inhibits, rather than facilitates the preventive practices to develop independence on the older people.
From the concept of consent, it is evident that there are conflicts between the individual service users and the empowerment of these individual, as well as with the need to make sure that the available resources are allocated fairly and efficiently, this applies to both of the users and the community, as well as the groups of users (Twinn, 1996).
To emphasize the values that are supporting the social care and the health services that need to be sustained, they need to be embraced through the framework of workforce and be incorporated into the way they do their work. One of the challenges to this development is the shortage of the skilled workers across the range of the services under the health and social care services. According to Clark (2004), he reported that the staff shortage in UK was a challenge to all the local councils’ and their abilities to provide services to the users who are physically challenged. The success of the empowerment of the user can only be obtained by putting into consideration the capacity-building framework to develop the rest of the community by investing in the social capital and human development of the marginalised communities. (Dziegielewski, 2003).
LO4. Be able to contribute to the development and development and implementation of health and social care organisational policy
4.1 Explain own role, responsibilities, accountabilities and duties in the context of working with those within and outside the health and social care workplace
There is a concept of capacity building that is widely applied in various political literature, mostly in the context of the reinforcing the health services. The success of the empowerment of the user can only be obtained by putting into consideration the capacity-building framework to develop the rest of the community by investing in the social capital and human development of the marginalised communities. For a sustainable and successful social enclosure to be attained, there a layer of individual civil society that needs to be sustained and natured. There is an increasing pragmatic recognition that the process of capacity building may take some time. The objective is to develop organizations that are able to deliver social and health services. The UK government has appeared to have embraced this, while seeking to prepare the entire new authorities moving away from the traditional approach of waiting for the grants (Barnard, 2010).
4.2 Evaluate own contribution to the development and implementation of health and social care organisational policy
The partnership in the social care and health service seems to be an element of labour approach to the public policy. The need for the social care, health service, and the professionals to function concurrently should be the core feature of the policy in the field of social care and health services. The UK government should keep on emphasizing that the direction for the partnership must be to make sure that the recipients of the health services and the social care have sufficient joined-up responses to the joined issues.
However, the desire for the social care and the health services to work together has been there since time in memorial (McSherry, 2008).
4.3 Make Recommendations to develop own contributions to meeting good practice requirements
Health and the social care partnership are the most publically forecasted, based on the facts that are to bring the desired improvement in the health and social service outcomes. The review of the theoretical literature supports the notion of the inter-professional collaboration that there are various reasons as to why the organizations may form partnership. The access to the resources seems to be a prevalent driver provided that it is influenced by economics. The interpretive overview of the partnership policy framework further suggested that, though the service users’ outcomes were available, they were not specifically central.
The framework should be designed to highlight the problem that the partnership was only set to address and influence that the attainment of a long-term solution of the collaborative is focused (Rawlins, 2002).
In the United Kingdom the standard codes of practice designed to support the health and social workers in their determination to come up with decisions concerning the protection, application and the disclosure of the personal information of the service users. The revised code of practice provides the guidance to help in the decision making with the respect to the service users’ information.
A substantial change is needed in thinking, so that thinking that has long guided approaches to support person-centred planning becomes standard within social care services.
The social care service providers ought to agree with the service consumers as to why the disclosure of their personal information may serve the user’s interest, and a refusal may cause their own disadvantages. Unless there are overriding public interests, the information should not be disclosed, when the user in question is an adult with right to withhold the consent.
The provider of the social care and health services ought to facilitate the users of these services with decisions over the options; the providers have to maintain high level of commitment as to empower people and to change their circumstances rather than just adjusting to those changes
In the United Kingdom, the health fraternity is currently putting into consideration the introduction of the legislation to handle the situation where it is found necessary to side-line the common law regulation of the confidentiality for the essential social and healthcare reasons.