SHN5013 Health Social Care Policy: Ethics & Law Assignment Sample

Introduction Of SHN5013 Health Social Care Policy: Ethics and Law Assignment

Health and social care are defined as the actions and policies which are used for managing the different healthcare and social settings that are imparting various facilities to improve health. For the successful working of the country, the effective type of healthcare services must be provided to the community so that effective development of the country takes place. Within health and social care, there are many different types of situations relating to the ethical dilemma that the health and social care professional faces (Sun et al, 2023). Ethical dilemmas are stated as the problems which a person faces where they have two possible ways of doing a task and neither of them is acceptable from the ethical point of view. The current portfolio will introduce the ethical issues and challenges relating to mental capacity while managing the older population. Mental capacity is stated as the ability of the person to make informed decisions according to the given situation and options available. Among older people, the challenges relating to mental capacity are much witnessed and as a result of this young people face many different issues relating to mental illness. While living in the community there are many different types of ethical dilemmas which occur and as a result of this, the overall working and mental state of a person is affected. Thus, being a social and healthcare practitioner the situation of ethical dilemma must be overcome so that the mental state of the person can be improved well.

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Main Body

Introducing the selected ethical dilemma and outlining the related concern

An ethical dilemma is defined as a conflicting situation within which the person is confused as to which decision they must take to protect the person. Within the situation of ethical dilemma, there are two different alternates which the person selects and those two alternates are also not correct. This is a type of situation which the health and social care practitioner faces while providing treatment to the patient (McKinlay, Fancourt and Burton, 2021). The most common ethical issue that healthcare practitioners are currently facing is the ethical decision of whether older people suffering from mental incapacity or any other chronic disease must be provided with care from home or hospital. This is the most effective ethical decision which needs to be taken by healthcare professionals while treating a patient with mental incapacity or any other disease. When the elderly person is suffering from a mental illness then they are not in a position to make the decision and the healthcare practitioner has to rely on the ethical working to take the decision.

According to the findings of Sun et al, (2023), it was analysed that in the care of older people effective transitional care needs to be provided so that chronic disease can be cured person the ongoing care need of elder people is more and as a result of this, they require more attention of the healthcare professionals. Thus, this is a major ethical situation as not all the time the healthcare setting can provide better care to the patient and many times the need of the patient needs to be left unattended (Liberati et al, 2021). This is unethical as it is the responsibility of the health and social care practitioner they effectively provide the treatment to the patient. Now in case it will not be providing better services to the patient then the duty of care will not be fulfilled. Thus for the effective practice of health and social care, it is necessary that the overall ethical working is promoted. Particularly within the field of health and social care, ethical working needs to be implemented well. It is because of the reason that when the work ethics will not be followed the proper treatment and health access will not be provided to the patients.

Wanigasooriya et al, (2021) supports that following health ethics is mandatory for every health and social care practitioner so that they can impart better services to the patient. There are different types of principles and practices which need to be used and followed for the effective working of the company or any other professional. Thus, it is mandatory for healthcare professionals to effectively try to follow all the ethical principles so that corrective action can be done and better services can be provided to the patients coming.

Presenting facts and evidence of ethical issues

With older age, there are more chances of getting health issues and also there is a high chance that the person is suffering from mental health issues. It is due to the reason that within the ageing population, there are more chances of getting into depression and also getting stressed and as a result the mental state is impacted to a great extent. Thus, for this, good and appropriate types of ethical services must be provided to the patients to improve their overall working (Foye et al, 2021). In case better treatment is not provided to them then it impacts the work to a great extent and ultimately the overall work is improved. With the data and statistics, it is clear one out of six people faces the issues of mental incapacity and as a result of this the overall development and mental capability of older people is impacted. Also, it was examined that 14 % of the adults aged 60 and above have mental disorders and among them, 10.6 % of the total people are living with disability as well. Till the year 2020, approximately 1 billion people had the issue of mental incapacity and by 2030, this figure will reach 1.4 billion.

Further, with the other statistics is it clear that maintaining mental health among the older population is very complex and a situation of ethical dilemmas occur very frequently. For instance, an elder person is admitted to the hospital for a chronic disease and there are no family members or relatives of that person. Then in such a situation, if the healthcare practitioner is not providing them fair treatment it will be unethical practice (Wies, Landers and Ienca, 2021). Thus, as a result of this unethical practices will be followed with that person as there is not any person for taking care of the patient. Hence, the patient will not be given proper care and consequently, it might affect their health. In this situation, the healthcare practitioner might get into an ethical dilemma as to whether they must provide better treatment to patients or not. It is due to the reason that in case the patient will not be provided better treatment then it will be unethical. Further, as there is no person with the patient to review the services offered, the practitioner can make the changes and might be possible that they do not effectively care for the patient.

Particularly with the older people much of the discrimination within the providing of health care service is made. Thus, it impacts the working well and as a result of this situation of ethical dilemma arises. The implication of this for the older people community is that they are deprived of better services and as a result of this unethical treatment is made with them. So it is necessary for health practitioners they effectively try to manage their work and ensure that proper treatment without any discrimination is provided to them.

Presenting the annotated timeline for the development of the policy chosen

To protect the mental capacity of the patient, it is the prime responsibility of the healthcare practitioner they effectively try to manage and improve the working of the company well. It is the reason that when effective type of services will be provided to the patient by complying with the policies and practices then the situation of ethical dilemma will not be arising (Holding et al, 2022). To protect the patients suffering from mental incapacity, compliance with the Mental Health Act, of 1983 is made. This is a type of act, which majorly covers the assessment and list of treatments and rights which are available for patients suffering from mental issues and disorders. This particular act came into effect on 30 September 1983 and thereafter has been amended many times. Firstly, it was amended in the year 1995 after that in 2001 and 2004 and lastly, it was modified in 2017. Further, the Mental Capacity Act was also established to protect and empower people who are suffering from mental issues and problems. This amendment specifically focuses on ensuring the autonomy of the people is respected and that the best decision is taken for improving their health and safety.

After that, the implementation of the Care Act 2014 was made which is another legislation that focuses on protecting adults and ensuring that better well-being is promoted for them (Uphoff et al, 2021). This act ensures that the healthcare setting promotes equality and proper well-being for the people coming to the healthcare setting. This act ensures that the right treatment and duty of care is performed by the healthcare professionals and as a result of this overall work is improved for the elderly people. In addition to this, there are also some amendments which were made to the Mental Capacity Amendment Act and within this, the complexity relating to liberty was deprived and more support was provided to the people having issues with the treatment and the care procedures they are having.

There are many different factors which have influenced many of the changes within the policy. The most common factor is the external forces which guide the working environment. There are many different types of upgrades which take place in the external environment and as a result, this needs to be included within the law and legislation as well. In addition to this, there are also some of the issues and situations which may lead to amendments within the law. For example, in the case of an ethical dilemma, there are many different types of amendments which have taken place in the law and legislation as well. This is because of the reason that ethical working is the most essential aspect to be followed in this highly competitive environment. Thus, as a result of this, the overall efficiency is improved and the policy is also made with more effectiveness. All these external forces and factors have contributed to improving the legislation as according to the recent changes the work is amended and ultimately the overall work is also improved.

Key components of the current policy selected

For the successful working of the community, an effective type of legislation must be implemented. Thus, the major component of the current policy, the Mental Health Act, 1983 includes the Mental Capacity Act 2005 and the Care Act 2014. These two are the major components which impact and guide the working of the policy well (Johnson et al, 2021). In case these two components will not be complied well then it will be affecting the working and the treatment provided to the patients, particularly the elderly people. Thus, to protect and safeguard the elderly population suffering from the issue of mental disorders or mental incapacity better compliance with these elements of the act must be made (San Juan et al, 2021). In case it will not be followed well then there are chances that the overall working is affected and proper treatment is not provided to the patient.

One of the key components is the Mental Capacity Act 2005 and this provides for a better framework for protecting people who are unable to make their own decisions. This act ensures that better treatment is provided to the patients and as a result of this better treatment is provided. In a situation where the person is suffering from diseases like dementia, learning disability, brain injury or any other severe health issue the patient is not capable of making their own decision. This may impact the work and ultimately the overall work is also affected and it may result in practitioners working in an unethical manner. This act also states that healthcare practitioners must not treat the patient in a way that they cannot decide as this may make the people feel inferior. Thus, as a result of this, the overall efficiency is also impacted and the person may feel more discriminated and mental issues may increase more. Ultimately, this act is the major component of the Mental Health Act and allows people to express their views and related aspects so that decisions can be taken accordingly. Moreover, when an effective decision is taken then it will improve the working of the person and it will assist in overcoming all the mental issues which the person is facing.

Along with this, another key component of the Mental Health Act is the Care Act 2014 which is also necessary to be followed. It is a type of act, which ensures that the well-being and mental capacity of the person is improved so that they can live a better life. This component of the act ensures that the local authority is providing better treatment to the patients and supporting them with more effectiveness. In case better care and support are not provided to them then the working will be impacted and ultimately the overall development will be affected. Further, within adult care, both the law and statutory guidance provide a better direction for help (Orr 2020). This includes compliance with the law which guides the healthcare practitioner on how they have to perform the work. Furthermore, the statutory guidance includes the elements which need to be followed like ethical principles, fairness and other aspects to be followed while working. It is necessary for the healthcare practitioner that they must comply with all the guidance provided well.

Exploration of key ethical and practical challenges relating to practitioner

Concerning the current policy of the Mental Health Act, assist in inhibiting good practice. This is because of the reason that when the effective type of the guidelines will be followed then it will assist the healthcare practitioner in improving the overall working and promote ethical working. This policy provides clear guidelines as to how the work needs to be done and what provisions need to be followed. Thus with the help of this, the healthcare practitioner tries to protect and safeguard the patients well.

Although it provides a clear guideline but then also there are some of the challenges as well which may impact the working to a great extent. The most common challenge that the healthcare practitioner faces is in assessing the difference between safeguarding the patient and maintaining autonomy. This is the major situation within the person faces the issue of ethical dilemma and this can impact the working and treatment of the patient. With this ethical dilemma, a wrong decision can be taken by the practitioner and this can affect the treatment of the patient. Thus, as a result of this, the working and treatment of the patient become challenging.

On the other side, the current policy is effectively safeguarding the aspirations of the service users (adults). This is because of the reason that the current legislation includes all the different types of requirements which need to be followed and as a result of this the overall efficiency is improved (Thomas, 2013). This policy supports inclusion and diversity as well because it provides services to every person irrespective of gender, age, religion or any other aspect. Thus, it is necessary for the practitioners that they must effectively make use of inclusion and diversity as well so that better services can be followed.

Recommendation for best practice in applying the policy well

With the above discussion, it is clear that for healthcare practitioners, it is necessary they effectively try to manage and improve the working and comply with all the laws. Hence, some of the recommendations are as follows-

• Within the legislation and laws, there are many changes and amendments which take place. So it is necessary for the practitioner that the necessary amendments are followed by them and then it will improve the overall work (Wanigasooriya et al, 2021). For this, the practitioner must continuously monitor the changes taking place in the external environment and legislation.
• Another recommendation for health and social care practitioners is that they must effectively try to work by complying with all the ethical principles. This is necessary for the reason that when the ethical practices will not be followed then it will be affecting the working capability of the practitioner. Especially within the case of a situation of ethical dilemma, the ethical principles must be included and this will help the practitioner to improve the working well.

CONCLUSION

The above study highlighted that the maintenance of the good health and social care aspect is very necessary for the success of the country. Within the current working, the elderly population is facing many different types of mental health issues and as a result, the practitioners are in a position of ethical dilemma. With the situation of ethical dilemma, the practitioner is not in a position to provide better services and consequently, the health of the person is impacted. The study highlighted that overcoming the issue of ethical dilemma compliance with the Mental Health Act, of 1983 was assistive and other legislations like the Care Act, of 2014 and the Mental Capacity Act of 2005 helped manage the working well. Also, the challenges were highlighted like not being able to balance out the safeguarding of patient and autonomy. At last, recommendations were provided like keeping track of all the changes taking place in law.

REFERENCES

Books and Journals

• Foye, U., Dalton‐Locke, C., Harju‐Seppänen, J., Lane, R., Beames, L., Vera San Juan, N., ... & Simpson, A. (2021). How has COVID‐19 affected mental health nurses and the delivery of mental health nursing care in the UK? Results of a mixed‐methods study. Journal of Psychiatric and Mental Health Nursing, 28(2), 126-137.
• Holding, E., Crowder, M., Woodrow, N., Griffin, N., Knights, N., Goyder, E., ... & Fairbrother, H. (2022). Exploring young people's perspectives on mental health support: A qualitative study across three geographical areas in England, UK. Health & Social Care in the Community, 30(6), e6366-e6375.
• Johnson, S., Dalton-Locke, C., Vera San Juan, N., Foye, U., Oram, S., Papamichail, A., ... & Simpson, A. (2021). Impact on mental health care and on mental health service users of the COVID-19 pandemic: a mixed methods survey of UK mental health care staff. Social psychiatry and psychiatric epidemiology, 56, 25-37.
• Liberati, E., Richards, N., Willars, J., Scott, D., Boydell, N., Parker, J., ... & Jones, P. B. (2021). A qualitative study of experiences of NHS mental healthcare workers during the Covid-19 pandemic. BMC psychiatry, 21(1), 250.
• McKinlay, A. R., Fancourt, D., & Burton, A. (2021). A qualitative study about the mental health and wellbeing of older adults in the UK during the COVID-19 pandemic. BMC geriatrics, 21, 1-10.
• Orr, D. M. (2020). Safeguarding Adults and the Law: An AZ of Law and Practice, 3rd edn, Michael Mandelstam.
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