LO4 Apply law and policy inline with regulatory and ethical requirements in a relevant practice setting. P7 & P8: Answer will be combined to meet both P7 & P8 criteria. Provided a workplace example within a case study of the relationship between legislation, policy and ethics. Explain the impact of the law and policy within the scenario. Pick one video clip below. Watch the following case study examples. What are the legislations being applied and adhered to? What policies are being implemented? What are the ethical requirements being carried out? Video 1 STAFF TRAINING VIDEO: Mental Capacity Assessment – Nurse-led scenario – YouTube Video 2 Inside a care home during lockdown | Behind The Story – YouTube Video 3 Personalisation: Promoting independence in care homes – YouTube Example Reflecting back on my work experience, whilst on placement, I was allocated a referral about a 14-year-old girl L, her school attendance was poor and would regularly disappear from home for two to three days, without informing her parents of where she was. L disclosed to me that she had recently had an abortion .She requested me not to disclose the information to her parents as she would be thrown out of home. L informed me that she recently had a relationship with an older man but refused to disclose more. I experienced an ethical dilemma when I learnt from a local media report that L’s uncle, who lived near her, had been charged of a sexual offence with a girl of the same age as L. The British Association of Social workers code of ethics cited in Clark (2006, p3) stated that, “social workers will observe the principle that information given for one purpose may not be used for a different purpose, without the permission of the informant”. Explicit disclosure is necessary where non-disclosure poses risks to the individual, the safety of a worker or the community. The law that requires us to protect confidentiality is the Data Protection Act 1998 and the Freedom of Information Act 2000. This creates tension with the agency’s policy, of the decision to disclose information in connection with an assessment of a child’s needs under s17 of the Children Act1989 or an enquiry under s47. The Children Act 2004 section 12 requires Local Authorities to set up information databases, to provide basic information on all children in England, in order to facilitate contact between professionals and allow better planning. The regulation was enforced in July 2007 and overrides the common law duty of confidentiality. Although I had a duty to keep L’s abortion confidential, I also had a duty to protect her from possible risk if she is having a relationship with her uncle. Brayne and Carr (2005) highlight Article 8 of the Human Rights Act 1998 which states the Right to respect for family and private life. This meant intrusion of their private life and also invading the family’s private space. From a utilitarian perspective, Parrot (2006) suggested that the right action is that which produced the greatest good. Disclosure in this case would therefore not only be for the benefit of L‘s future but also for other adolescents who would fall prey to L’s uncle. Case study – In your assignment Use real life scenarios in your work practice. DO NOT DISCOLSE NAMES OR PERSONAL DETAILS Provide examples of the relationship between law, policy and ethical requirements in real life work examples Examples can include care planning, provision of specific services, residential or day care services Discuss the impact of the law and policy within your case study.
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