Understanding Social Care Policy and Law for NVQ and SVQ Candidates and Assessors
When staff are simply starting out on their NVQ and SVQ in Health and Social Care, or when new employees who have qualified from abroad start operating in the UK they will be unsure and confused by the various terms, such as policy, rules, legislation, etc. NVQ and SVQ Assessors can also be uncertain of the differences.
In many ways in which the starting point to understanding the differences is truly Government policy.
The Government decides it needs certain things to happen in health or social care. Examples might include:
** more older people to be cared for at home, instead of in residential care
** additional children, who are looked after by local authorities, to be cared for in foster care or adopted
** additional adults with learning disabilities or mental health issues to be assisted into employment
No matter the intention the Government's aim becomes a policy. Generally this policy could be a Inexperienced Paper or a White Paper.
The Government then incorporates a alternative as to how it pursues its policy. From the Government's perspective it will rely on other organisations to actually apply the policy on a daily basis. If the policy relates to health it's an NHS organisation. If the policy relates to social care it's seemingly to be local authorities that have to apply it or the local authority will have to create clear to organisations it contracts work to that varied expectations want to be met.
The Government will get local authorities or NHS organisations to use the policy in one in all many ways. These include:
** by publishing the policy as 'statutory steering'. Local authorities need to follow statutory steerage issued by the Government. In England one example of this is often the policy on protecting vulnerable adults titled "No Secrets"
** by offering tons of money! The Government says it will offer native authorities lots of recent cash to be spent on sure policy initiatives. One example of this is the Positive Begin and Youngsters's Centres initiative. When it started the policy was driven by money
** by introducing legislation that provides the local authority the power to try and do one thing or creating it a obligation to do something. An influence means that the native authority can do it if it wants to. A requirement means the native authority should do it. An example of this is often direct payments. The Government originally introduced direct payments as a power. However then the Government made it a requirement thus that native authorities should supply direct payments (since so few direct payments were offered when it was solely a 'power')
Acts of Parliament
The Government may so commit to introduce legislation. This can be the classic Act of Parliament.
Lately legislation possesses increasingly detailed and specific. Even with this detail, legislation can be quite cumbersome. It's additionally quite an concerned method to introduce it. So the Act of Parliament usually provides the Secretary of State (in England) or the Scottish Minister the facility to create rules and/or a code of practice.
Laws (Also Referred to as Statutory Instruments)
Laws are referred to as Statutory Instruments. Rules are laid before Parliament but are not debated. They are thought of law although roughly as strong as the initial Act.
Laws will be altered a lot of quickly and are now extensively used (for example health and safety rules).
Statutory Steerage
Additionally the Secretary of State or Scottish Minister has the power to issue statutory steerage to local authorities. Local authorities are below a legal duty to follow this guidance. In alternative words the local authority social services or social work department should follow this 'statutory guidance'.
Code of Practice
The Secretary of State (or Scottish Minister) may also issue a code of observe referring to an Act of Parliament. These codes do not have the full weight of law but they justify and clarify the law and provide steering on good practice. They are typically realistic and applied and will be very useful.
Good Apply Steerage
The Government department (either in England, Wales or Scotland) might also issue sensible practice guidance. This can be not the identical as statutory guidance. It is often meant to be browse by social staff, first line managers (and others) since the steerage commonly offers case scenarios explaining how service users ought to benefit from any recent changes within the law.
One complicating issue in understanding the current legal framework in social care and children's services is that always one Act of Parliament does not totally replace a previous Act. Commonly an Act of Parliament amends or alters an existing Act. Keeping track of this will be very difficult.
So for social care employees (as well as workers working with youngsters) who are NVQ or SVQ Assessors or are beginning out on their Health and Social Care NVQ or SVQ some of the most effective resources are the law handbooks from Kirwin Maclean Associates.
Author Resource:
Charita Gray has been writing articles online for nearly 2 years now. Not only does this author specialize in Adoption Foster CAre, you can also check out latest website about
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