Overall, the Health and Social Care Act
Health and Social Care Act 2012
The Health and Social Care Act 2012 is an Act of the Parliament of the United Kingdom. It provides for the most extensive reorganisation of the structure of the National Health Service in England to date. It removed responsibility for the health of citizens from the Secretary of State for Health, which the post had carried since the inception of the NHS in 1948. It abolished NHS primary care trusts and Strategic He…
What is the health and Social Care Act 2012?
The Health and Social Care Act 2012 (“the Act”) was given Royal Assent on 27 March 2012 and is quoted as being one of the “biggest reorganisations in the history of the health service”. The Act focuses on restructuring the NHS with the intent to open the system up to competition and promote patient choice while reducing NHS administration costs.
What is Section 5 and 6 of the health and Care Act?
1447. Subsections ( 5) and ( 6) require any health or social care body or other provider of health services or adult social care to whom advice or guidance is given to have regard to the advice or guidance when exercising functions or providing services in connection with the provision of health or adult social care. 1448.
What is Section 1 of the health and Social Care Act?
Subsection ( 1) provides that the need to maintain the safety of people who use health care services would be paramount amongst the matters that Monitor must have regard to in carrying out its functions. 683. Subsection ( 2 ) (a) concerns the need for continuous improvement in quality and efficiency in NHS services.
Who is responsible for Social Care in the UK?
Responsibility for adult social care rests with the Department of Health and responsibility for children's social care rests with Department for Education. The Secretary of State in this context will be able to commission social care quality standards across all age groups. 1380.
How do you empower individuals in health and social care?
These are:Shared decision making, establishing the expectation that people are equal decision makers with clinicians.Enabling choice, including legal rights to choice.Personalised care and support planning, including enabling people to have access to both read and edit their Personal Health Records.More items...•
How do I reference the Health and Social Care Act 2012?
Your in-text citation would be: Recent social care legislation (Health and Social Care Act 2012) ... Your reference list entry would be: Health and Social Care Act 2012, c.
Why is it important to ensure the individual is involved in their own care planning?
Evidence tells us that supporting patients to be actively involved in their own care, treatment and support can improve outcomes and experience for patients, and potentially yield efficiency savings for the system through more personalised commissioning and supporting people to stay well and manage their own conditions ...
What are the main points of the Health and Social Care Act 2014?
Under the Care Act 2014, local authorities must: carry out an assessment of anyone who appears to require care and support, regardless of their likely eligibility for state-funded care. focus the assessment on the person's needs and how they impact on their wellbeing, and the outcomes they want to achieve.
What is the main purpose of the Health and Social Care Act 2012?
Overall, the Health and Social Care Act 2012 aims to empower patients, giving them a greater voice and control of their own care. It will put clinicians at the centre of commissioning, free up providers to innovate and give new focus on public health.
Why is the Health and Social Care Act 2012 important?
The main aims of the Act are to change how NHS care is commissioned through the greater involvement of clinicians and a new NHS Commissioning Board; to improve accountability and patient voice; to give NHS providers new freedoms to improve quality of care; and to establish a provider regulator to promote economic, ...
What is empowerment in health and social care?
In health and social care, empowerment is defined as a process through which people gain greater control over the decisions and actions that affect their lives. Empowerment is important for everyone involved in care, including the service users, their families, loved ones and care workers.
How does person-centred care empower individuals?
Person-centred care supports people to develop the knowledge, skills and confidence they need to more effectively manage and make informed decisions about their own health and health care. It is coordinated and tailored to the needs of the individual.
What is individual needs in health and social care?
In essence, if an individual needs assistance with aspects of their daily living and require care within a safe and secure environment, these can be considered to be social needs. This could include help with washing and dressing, assistance at mealtimes, help with mobilising, etc.
How does the care Act promote empowerment?
Empowerment. The empowerment principle encourages you to support vulnerable adults so they can confidently make their own decisions and give informed consent regarding their care. You should ask the service user what outcome they hope to see at the end of processes.
How does the health and social care Act 2012 promote safeguarding?
Health and Social Care Act 2012 The main element of this Act for safeguarding vulnerable adults is Regulation 13. This section of the Act is there to protect adults within the health and social care systems from being abused.
How does the care Act Impact practice?
The Care Act means formalising good practice that has already been taking place and incorporating it into the policy and procedures that dictate daily working life. Care workers and social workers will see evidence of these changes in training, assessment, planning, delivery of services and review.
Who published the Health and Social Care Act 2012?
Andrew LansleyThe Health and Social Care Act 2012 (c 7) is an act of the Parliament of the United Kingdom. It provides for the most extensive reorganisation of the structure of the National Health Service in England to date....Health and Social Care Act 2012.Citation7Introduced byAndrew Lansley Secretary of State for HealthDates8 more rows
Who published the Health and Social Care Act?
NHS England (1.1) Explanation: The NHS Commissioning Board was established through the Health and Social Care Act 2012 as an independent, non-departmental public body with executive powers, accountable to the Secretary of State for Health and Social Care (the Secretary of State) and to Parliament.
What is the Health and Social Care Act 2012 and 2008?
The Health and Social Care Act 2012 made minor changes to the 2008 Act, strengthening the relationship between the CQC and Monitor (the independent regulator of NHS foundation trusts) and the establishment of Healthwatch, the consumer champion for health and social care.
How has the Health and Social Care Act 2012 affected the NHS?
It introduced significant structural changes to the NHS, including the establishment of clinical commissioning groups, replacing the previous primary care trusts. Since the passage of the Act, the NHS has continued to see increasing demand in a challenging economic environment.
What is the Health and Social Care Act 2012?
Revised text of statute as amended. The Health and Social Care Act 2012 ( c 7) is an act of the Parliament of the United Kingdom. It provides for the most extensive reorganisation of the structure of the National Health Service in England to date. It removed responsibility for the health of citizens from the Secretary of State for Health, ...
Who was the Secretary of State for Health when the White Paper was presented to Parliament?
When the white paper was presented to Parliament, the Secretary of State for Health, Andrew Lansley, told MPs of three key principles:
What is NHS England?
Parts 1 and 2 Health service in England. Section 9 establishes the National Health Service Commissioning Board, which is now known as NHS England. The Secretary of State is to publish, annually, a document known as the mandate which specifies the objectives which the Board should seek to achieve.
What is Section 10?
Section 10 establishes Clinical Commissioning Groups which are to arrange the provision of health services in each local area. Section 11 makes the protection of public health a duty of the Secretary of State, and section 12 makes local authorities responsible for improving the health of the people in their areas.
What is the purpose of the National Health Service Commissioning Board?
Long title. An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services;
When will the NHS be integrated?
The publication of the NHS Long Term Plan in January 2019 marked the official abandonment of the policy of competition in the English NHS, with integrated care systems to be created across England by 2021, mergers of Clinical Commissioning Groups and probable merging of NHS England with NHS Improvement, though this was all to happen without actually repealing the legislation. In February 2019 NHS England produced a document outlining changes it wanted to see in legislation. One of the central proposals was to remove the obligation to put services out to competitive tender if local commissioners considered a service would be best provided from within the NHS.
What is Healthwatch England?
Sections 181 to 189 establish Healthwatch England, responsible for gathering and championing the views of users of health and social care services in order to identify improvements and influence providers' plans.
What are the responsibilities of health and wellbeing boards?
Health and social care commissioners, councillors and lay representatives will be brought together into ‘Health and Wellbeing Boards.’ The Boards’ responsibilities will include assisting in promotion of joint working and tackling the inequalities in people’s health and wellbeing in their local area.
Why did the NHS need to modernize?
In 2010 it was recognised by the Government that the NHS needed modernising to meet the new challenges of today and to avoid the crises of tomorrow.
What is the NICE?
The National Institute for Health and Clinical Excellence (NICE) will have its powers expanded to include the development of quality standards for social care. It will also assist in providing much needed guidance to GPs, CCGs as well as community and secondary care services.
What is the Health and Social Care Act 2012?
Overall, the Health and Social Care Act 2012 aims to empower patients, giving them a greater voice and control of their own care. It will put clinicians at the centre of commissioning, free up providers to innovate and give new focus on public health. The NHS is in much need of reform and hopefully the new roles and responsibilities set out in ...
What is the new structure of the NHS?
New Structure. The Secretary of State will see their role and responsibilities change under the Act. They will remain responsible for the NHS but will no longer have a duty to provide health services through the NHS, increasing the opportunity for private health care firms to deliver many services that were previously operated by the NHS.
What is the role of Healthwatch?
A new independent national body called ‘Healthwatch’ will be set up to protect the interests of all those who use health and social care services. It will also have the important role of communicating the views of patients and providing information, advice and support to them.
Will CCGs abolish primary care?
CCGs will abolish Primary Care Trusts which currently control around 80% of the NHS Budget and will be a GP led body with responsibility for most health services, including GPs, dentists and pharmacies as well as some secondary care services provided by hospitals.
When did the Health and Social Care Act get royal assent?
1. These explanatory notes relate to the Health and Social Care Act, which received Royal Assent on 27 March 2012. They have been prepared by the Department of Health in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament. 2.
What is Part 1 of the Mental Health Act?
Part 1 also contains related miscellaneous measures including provision in respect of the abolition of Strategic Health Authorities (SHAs) and Primary Care Trusts (PCTs), amendments to the Mental Health Act 1983 and provision in respect of emergency preparedness and pharmaceutical services expenditure.
What is section 3 of the NHS Act?
Section 3 inserts new section 1B into the NHS Act, placing a duty on the Secretary of State to have regard to the NHS Constitution when exercising his functions in relation to the health service. Therefore when discharging any of those functions, the Secretary of State must do so with regard to the principles, values, rights and pledges in the NHS Constitution. The NHS Constitution is included in the list of defined expressions in section 276 of the NHS Act, directing readers of the Act to the definition at subsection (2) of new section 1B.
What is Part 6 of the NHS Act?
27. Part 6 makes changes to the NHS Act that are mainly required to revise, but not substantially change, the existing provisions with relation to medical, dental, ophthalmic and pharmaceutical services, as a consequence of the creation of the NHS Commissioning Board, CCGs and the public health service and the abolition of PCTs and SHAs.
What is Chapter 1 of the Care Quality Commission?
Chapter 1 makes provision for the creation of a new national body, Healthwatch England, to be established as a statutory committee within the Care Quality Commission. It also makes provision about Local Healthwatch organisations in each local authority area.
What is the purpose of 88H?
420. Section 88H of the 1991 Act provides a mechanism under which local authorities can be made to bear the full cost of fluoridation. Under section 88H (2) of the 1991 Act, the Secretary of State can require the local authorities affected by arrangements made by the Secretary of State for the fluoridation of water with a water undertaker to meet the Secretary of State’s costs incurred under the terms of the arrangement. Subsection (4) of section 88H provides for the Secretary of State to determine what amounts are payable by each authority in the absence of an agreement between the local authorities (or by a joint committee of the local authorities or joint sub-committee of health and wellbeing boards), with a power to appoint an independent person to arbitrate if he wishes. Subsections (5) and (6) provide for requests for variations in the amounts agreed, once a fluoridation scheme is set up, to be treated in the same way.
Which section of the NHS Act repeals PCTs?
403. This section abolishes PCTs and repeals Chapter 2 of Part 2 of the NHS Act, which makes provision for PCTs.
How to improve health care for service users?
Make records of the health improvement of the service users and modify the care plan accordingly this will help service users to receive the best care for them. Failure to do this could lead to service users feeling treated wrongly and not taken into consideration as an individual. Person-centered approach requires a lot of individual work with the service users and all the information should be recorded and made available to all the carers that look after that client. If information is not passed on than all the service users will be treated the same and their own personal wishes will not be taken into consideration.
Who should discuss the health of a service user?
Only discuss information about the service user with their doctor, nurse or manager in case of having concerns about their health. Care workers should only discuss their service user`s health with professionals and not make decisions by discussing with other care workers or family. Only discuss about their care plan with authorized people and their family. Any changes in their care plan should only be done with authorized people and with the service user`s participation.
Why is feedback important in care homes?
Use of feedback and complaints is an efficient way to improve the quality of the service provided in care homes. Service users know best what is better for them and also what works and doesn’t work for them therefore their opinions should be valued and respected.
What is the Data Protection Act?
Data Protection Act – controls how your personal information is used by organizations, businesses or the government.
How does high dependency affect health care?
High dependency disempowers the service users as they cannot speak up or take care of their individual personal care needs. In a failing health and social care system, the level of dependency determines the extent to which clients are at risk of harm and abuse.
What is the human rights act?
The Human Rights Act 1998 – human rights are the basic rights and freedoms that belong to everyone (Feldman, 1999).
Why do we need to give elders the opportunity?
Elderly people and people with disabilities need to feel that they are still valued in our society and as care workers and professionals we need to do as much as we can to give them the opportunity and empower them so they can live a life they want and not one that is chosen for them.
Overview
The Health and Social Care Act 2012 (c 7) is an act of the Parliament of the United Kingdom. It provides for the most extensive reorganisation of the structure of the National Health Service in England to date. It removed responsibility for the health of citizens from the Secretary of State for Health, which the post had carried since the inception of the NHS in 1948. It abolished primary …
Background
The proposals in the act were not discussed during the general election campaign in 2010 and were not contained in the Conservative–Liberal Democrat coalition agreement of 20 May 2010, which declared an intention to "stop the top-down reorganisations of the NHS that have got in the way of patient care". However, within two months a white paper outlined what the Daily Telegraph called the "biggest revolution in the NHS since its foundation". The white paper, Equity and Exce…
Contents
Section 9 establishes the National Health Service Commissioning Board, which is now known as NHS England. The Secretary of State is to publish, annually, a document known as the mandate which specifies the objectives which the Board should seek to achieve. National Health Service (Mandate Requirements) Regulations are published each year to give legal force to the mandate.
Section 10 establishes Clinical Commissioning Groups which are to arrange the provision of healt…
Public reactions
On 19 January 2012 two major unions of healthcare professionals that had previously tried to work with the government on the bill, the Royal College of Nursing and the Royal College of Midwives, decided instead to join with the British Medical Association in "outright opposition" to the bill. On 3 February 2012 the Royal College of General Practitioners also called on the Prime Minist…
Effect of the act
In January 2015 Chris Ham and others from the King's Fund produced a review of the government's health reforms. Their conclusions as far as the act was concerned were that:
• The reforms resulted in greater marketisation of the NHS but claims of mass privatisation are exaggerated
• The reforms resulted in top-down reorganisation of the NHS which was distracting and damaging
See also
• Doctors For the NHS
• Nicholson challenge
• National Health Action Party
• National Health Service Act 2006
External links
• Bill as introduced in the House of Commons
• Bill as introduced in the House of Lords (reflecting changes made after the Listening Exercise)
• Bill progress page on parliament.uk
• BMJ minisite focusing on reforms to the NHS