SV'D Distinction Learner Work LA C

SV’d Distinction Learner Work
Learning Aim C: Investigate the influence

of health and safety legislation and
policies in health and social care settings
Health and Safety Legislation and Policies in Health and Social
Care
The term legislation is commonly accepted as a law that has been created by a governing
authority. Legislations may remain under serious consideration and debate for extensive
periods of time before being placed into effect, as legislation’s production needs to the be
pleased that the law will ensure the upholding of care standards for clients, and the service
providers promoting them. With this being the case, there are several aims that
managements have to achieve. One of these intentions is the aim to regulate care that
service providers provide on a long-term basis and to monitor the impact of this upon the
receiving clients. This is through and regular monitoring of health services, whereby there is
an increased possibility of identifying underlying care provision problems as the inspections
will prove to be more thorough if performed in regular intervals. A second aim of legislation is
to authorise something that is deemed acceptable for the care of individuals, passing laws
that allows something to be performed by health professionals in order for their clients to
benefit from. If a health professional’s actions are noted as being of ill taste, then this can be
sanctioned against, in respect to the appropriate legislation the health professional has
ignored. Setting standards for service providers to achieve and follow laws and legislation
allows health services to punish the workers of concern as they can identify where the
professional has directly failed to meet the details of a law; allowing services to impose
penalties against them to discourage them from acting incorrectly again.
Alternatively, legislation shares this aim with the aspiration to grant some instances to occur
in health and social care. Law can allow all individuals to freedom of speech, independence
and dignity-only a few of the benefits of being in a service bound to legislation by duty of
care to respect all individuals and the qualities and beliefs that come with them. Of course,
this also applies for service providers. Legislation itself needs to be declared in order for
individuals to benefit from its requirements and promotes exactly the free right to state or
disclose something. Not only do clients benefit from being reassured that revealing any form
of abuse or neglect is completely acceptable, but also informs health professionals of their
right to highlight any problems in care provision and to deal with hazards in a client’s
environment.
Finally, legislation that has been approved by a governing body identifies the need to restrict
negative actions or intentions from occurring. Whether it be the restriction of what care a
health professional can provide for a client (due to limited qualifications, such as a
paramedic not being qualified to administer an injection), or the blockading of client’s
incorrect rights to do something, the legislation overruling this states that the action must be
blocked in order to protect the wellbeing and safety of clients and the people caring for them.
Statutory care relates to legislation within care through providing legal requirements. The
word ‘statutory’ is a synonym for compulsory, suggesting that the form of care has to be
offered and provided in accordance to the law stated by the government. All services under
the governance of the NHS, social care services, educational services and early-years
services are provided by law, due to how these services, as stated by the English
government have to be available for all people living in England. This promotes health and
safety through how all age groups with varying individual needs must be promoted under a
legislation that identifies how all individuals share a need to receive general care, whilst
being individualised to suit them. Subsequently, health professionals are guided on how to
implement and to regulate the quality of care they provide and make sure that the right of all
clients to receive free health care is being maintained, thus not breaching legislation. For
example, within Merryvale Residence, legislation identifies how the employees would be
acting unlawful if they denied their clients the right to statutory health services and breaches
their right to equality, making them feel of less value to the society around them.
It is apparent that legislation is of utmost relevance throughout all health and social care
settings in light of how the laws present a definitive understanding of the responsibility health
professionals carry out, for their clients. Legislation identifies what the health workers should
perform and when it is most appropriate to do so within their specific health service, meeting
the individual needs of clients and the specialised organisation’s requirements. Individuals
have a variety of unique needs that must be met by law as a duty of care by their service
providers. The professionals and the organisations they operate for have to abide by the
appropriate legislations formed for them to protect the physical, intellectual, emotional and
social health of individuals they are working with, including service users and the public. If
health professionals were simply to provide care that they personally and naively believe is
the best provision based on their professional opinion, then a larger range of clients would
face individual health complications through their professionals failing to adjust work around
them. Ironically, some health professionals may not even possess a wealth of professional
advice in being too inexperienced from recently joining a specialised field of work.
Consequently, clients may face an encroaching risk of malpractice in their service providers
expressing an inadequate attitude to work and unsatisfactory level of understanding in
relation to the legislations they have been informed to follow. The legislation’s importance
extends into the organisation practicing the need to uphold the safety of the general public
around their service. Some legislations show clarity of understanding in where the public
body may be under threat of injury from accidents due to the surroundings and level of
maintenance of the area in which the service is situated. For example, if the pathway outside
of the main entry point to a service is damaged and could lead to an individual tripping.
Legislation will identify the lawful need to correct this risk and the service should then abide
by this and use their funding to restore the uneven surfaces and respect the public’s
universal right to access a service that acknowledges their safety and wellbeing as
important.
All health and social services must abide by the exact same legislation as it allows health
professionals to trust their colleagues that they are providing the correct standard of care in
accordance to the legislation. This means that health workers are reassured that they are is
not contributing to malpractice from acting in defiance to the legislation they have been
provided with to follow. Conflicts of beliefs in how individual care should be provided in
relation to a legislation is minimalised as the workforce can place trust in one another that
they are acting professionally and correctly, respecting the laws they have to uphold. Care
assistants present in the same client’s bedroom can experience how each other implement
legislation-and they will act in a similar fashion as they share the same legislation and duty
of care. The service providers can recognise each other’s success in handling and
communication to elderly clients and are reassured that their colleague is acting in the best
interest of individuals and will not promote any forms of malpractice against their mutual
legislation. If all the staff at Merryvale Residence are all following the same legislation in
cohesion with one another, everyone can be regulated equally with ease as failures in care,
in relation to failing to upholding legislation are easier to identify. If the service was all
following legislation correctly; which they are not, due to them not following the Equality Act
2010 by denying the elderly lesbian couple the right to share the same bedroom, then any
anomalies in a pattern of positive care become easier to identify as they can be recorded
and informed to the manager to act upon.
All legislation has specific aspects of health and safety which must be focussed upon
throughout health and social settings. One of these would be manual handling, in which
legislation informs an organisation of how to physically provide for the individual needs or
requests of a client. Within the Merryvale Residence case study, one of the physically
disabled elderly clients might have recorded in their care plan that a hoist is necessary to
move them in and out of their bed and the care assistants follow legislations set by the Care
Quality Commission to ensure this is done professionally. Good hygiene is another aspect
which promotes the general rights that all ten of the clients are receiving care that keeps
them clean and hygienic. This radiates through to how Merryvale Residence employs health
workers that attempt to provide regular baths and showers, despite the struggle to do so in
being placed under severe pressure to perform other duties as a result of the high staff
turnover. Another aspect of health and safety legislation can be presented as the handling of
medication. Health and social care settings must ensure that the correct dosage of
medication is given, what form of medication to take and when to take it are all considered in
relation to individual care needs as the legislation in a service may state how to perform this.
In the case of Merryvale Residence, the individual care of dementia patients is promoted by
the Mental Capacity Act 2005, in which the legislation refers to how the elderly still maintain
a right to make their own decisions. Subsequently, the care assistants must be reminded by
their manager that the legislation is in effect at all times and that the elderly clients, such as
the suspected female abuse victim, are entitled to independency when managing their
dementia medication. Acetylcholinesterase would be one form of medication in need of
regulation. Legislation further refers to the need to safeguard individuals, especially
vulnerable individuals, from discriminative behaviour and prevent neglect and harm. All ten
of the elderly clients are categorised as vulnerable due to their decreased mobility from
arthritis, limited social and emotional understanding and dementia, highlighting a clear need
to follow legislation to know how to protect these individuals from harm and when to do so.
Legislation further covers data security for clients and service providers, describing what
information needs to be made confidential and when it is acceptable to breech
confidentiality. For Merryvale Residence, data safeguarding is emphasised for all of the
resident’s financial and medical status as they often place the power of attorney to service
providers who manage their health information and money, ensuring that no other residents
understand who possesses this responsibility. Finally, legislation covers the aspect of
infection management which Merryvale Residence has failed poorly at doing so. The
manager has not been searching for a new long-term cleaner to replace Mary-Jones and
has led to the accumulation of rubbish, increasing bacterial and fungal growth which goes
against health and safety legislation.
For the aims and aspects of legislation to be upheld and respected, four key individuals or
groups contribute to see that this is achieved: for Merryvale Residence, these would be the
manager, the employees, the Care Quality Commission and the Health and Safety Executive
(HSE). The manager’s physical presence allows his authority to implement the correct
requirements of legislation after being informed of what they are by the CQC. Being at the
residency regularly, they can verbally and directly highlight where the employees are failing
to promote health and safety legislation and how it can be altered to do so. This benefits
clients through clients being reassured that they are receiving the correct individualised and
general care they should be benefiting from. This then intertwines with the responsibility of
the employees to promote legislation through the direct and physical care they perform. A
positive attitude towards promoting legislation means that the work ethic of one professional
can be transferred to others, acting as a positive role model in the workplace. The increased
quantity of health professionals realising the importance of these legislations in reducing
harm and malpractice means that positive care is provided and the creation of the legislation
is deemed as a success through satisfactory responses of the elderly residents who live in
the service.
The CQC then shares responsibility is making sure that Merryvale Residence and its
employees promote the legislation they have supported. They are an independent reviewer
of all privately funded and free health services across England which by no means has the
same speciality. Private services like Merryvale Residence provide a select few forms of
care provision, but tends to be higher quality than NHS services as they aim to provide
general care over a larger areal extent. The CQC assesses the activities and procedures
that the employees perform for the dementia and physically disabled clients at the service,
being able to identify whether or not they conform to the specific legislation set in place to
meet the specific care needs of those clients.
At first glance, it would prove relatively easy for an individual of any experience in health and
social care to identify that Merryvale Residence has failed to uphold the aspect of
safeguarding vulnerable individuals. The elderly dementia patient who is a part of the same-
sex couple within the case study expresses clear bruising to the neck region which raises
suspicion on whether the client has been handled without her care worker lacking the skills
of how to physically move clients, or the result of discriminative abuse. Either way, the action
performed upon the female, and the harm upon the client more so, are unlawful and express
that legislation has not been followed in this particular incident. It can be claimed that the
care assistants had the responsibility of upholding this in order for the elderly client to
receive individual care that meets her later adulthood needs, but also the manager in
needing to reinstate the punishments in reaction to this and reminding his workforce that
legislation has to be followed in order for clients to receive a high standard of care. If not,
then more complaints will be witnessed from the clients within the service and will draw the
attention of the CQC, following with an investigation as to why Merryvale Residence is
performing so poorly.
With this stated, attention of aspects failed to be upheld crosses over to how good hygiene
has been almost completely disregarded. Although being the consequence of the manager
avoiding his responsibility to hire a new full-time cleaner, the care assistants show that they
are under increasing stress from having to complete more domestic cleaning tasks around
the service. Staff are then having to leave their elderly and vulnerable residents to rest what
baths or showers for several hours after being ordered to complete unnecessary tasks
(outside of their profession) around the service. The manager needs to hire a cleaning
professional in order to resolve this predicament and to allow his employees to respectfully
maintain legislative procedures at a consistent standard. The clients will have their hygiene
improve and feel less self-conscious about their health, improving their self-image and
confidence around their family and peer residents through increased wilful socialisation.
Health and Safety at Work Act (1974)

The Health and Safety at Work Act (1974) is a legislative act that expresses an aim to
minimise the risk to employers, volunteers and visitors within the (health and social care)
workplace. Service providers and users need to be protected to be reassured by their
organisation that they will not experience any physical or psychological abuse or risk of harm
from clients when precisely following legislation they have been provided with. These
regulations vary between different services simply since services may have different
specialisations. Services such as elderly homes and schools only channel their expertise
into treating a certain group of individuals or a specific form of condition, thus promoting their
individual needs and risks thanks to the HASAWA (1974) policies written and put in place in
these care settings.
Merryvale Residence would benefit from several policies through reducing the risk of harm
towards the elderly clients present. One policy that needs would be the restraint policies.
Misinformed understanding of how to handle individuals who may become hostile due to
mental incapacities such as dementia, and individuals who cannot motion by themselves
due to physical impairment, could lead to the physical and psychological harm of the client.
Possibly concluding with developed fears and intimidation experienced by the clients
towards their care assistant. A restraint policy could be used for a dementia patient if they
were to become hostile and aggressive from being confused about where they are and who
is treating them after forgetting, preventing physical harm from being incurred by staff, other
clients and the individual themselves. The manager can inform employees of the manual;
handling and restraint policies that need to be used in order to promote the client’s dignity
when being manoeuvred in and out of bed which ensures that they are not hurt when being
moved and are not made to feel uncomfortable or upset. Moving and handling can result in
the disablement of both client and service provider if not performed properly, being easily
avoided by care assistants being informed of manual handling and restraints policies which
allows them to be professionally guided on how to handle clients. An example of this could
be that a client begins to become aggressive due to their dementia and doesn’t remember
their carers. The workers in Merryvale can refer to policy and restrain the clients through
ensuring the client is held by firmly grasping hands and legs down (either in their original
position or on the ground if this doesn’t injure the individua) without placing unnecessary
pressure to the arms as older people are more prone to bruising and bone breakage. If such
injury was to occur, this would be classed as physical abuse and is prevented through
effectively following the policy. Finally, reducing risks, trips and falls within a care home are
mostly influential upon the elderly residents living in them, as their reduced mobility and
eyesight means they cannot see dangerous slipping hazards ahead of them. Slips, trips and
falls could be prevented by using this policy through ensuring that clients are physically
supported with getting in and out of chairs and bed, reducing the chance of clients losing
their balance from weakness in their legs. Residents may also not be able to identify the slip
and trip hazards in around the, due to poor eyesight, but the manual handling and restraint
policy informs staff that clients cannot be left to move around the service, or lift themselves
up, in response to how the clients will not identify spilled liquids or litter around the bins.
Subsequently, the staff can support through manual handling by holding up resident’s arms
as they walk or sit and lay up or down.
In the case that policies relating to the HASAWA (1974) being breached, the risk of injury for
professionals and their clients who are more likely to experience the negatives of not
following professional guidelines. Service providers may act carelessly around specialised,
heavy equipment used for treatment in services and may harm themselves after not
acknowledging the health and safety policy they have to follow in order to prevent this from
happening. In the case of clients, poor standards of care provision might become present as
the HASAWA (1974) is not followed. Furthermore, breaching this legislation’s policies can
lead to the Health and Safety Executive (HSE) investigating into the matter if it becomes a
reoccurrence. The HSE would attempt to discover areas where the health and safety of
individuals is being threatened in light of not correctly following the HASAWA (1974). A
service may be found unfit to be catering for the needs of both clients and their service
providers after the HSE stating the negative impacts of not upholding the legislation
provided. This may be in how volunteers within a workplace are placed at direct risk of
abusive and antisocial behaviour from the manager at the service they are working in not
respecting their rights highlighted by the act, or even in how client’s family members are
placed at risk of physical harm from clients in as the policies are not maintained.
Compensation can then come from this in the volunteers’ and employees’ recognition
towards where they have had wrongdoing against them from their rights not being upheld
from the HASAWA (1974). Managerial positions must provide a safe environment for their
staff to provide care and prevents health professionals from indirectly threatening
themselves through their daily activities. By the manager not promoting policies through
printing text-based copies and posters of the HASAWA (1974) and what it declares means
that employees are not given their right to learn about the policies they can benefit from to
safe, leading to their harm as they have not been informed of how to abide by the legislation
correctly.
Both organisations and the manager of Merryvale Residence carry the responsibility of
ensuring that the health and safety of all visitors, agencies they operate with and other
organisations is upheld. This meets the requirements of the HASAWA (1974) in going to
extents to remove hazards from Merryvale Residence that would have posed a serious risk
to individuals around it, ending in the eventual harm of someone. The elderly clients may
have a full understanding of their vulnerability when in close quarters with the manager who
works under an overruling organisation, needing to be reassured that they themselves will
not experience harm from poor regulations of practice. Visitors further need the exact same
reassurance in having an increased capacity to evaluate situations and identify where their
loved ones are being put at peril. The manager has the ethical and social responsibility to
use his expert knowledge to identify where any underlying problems could be found and
update the client’s families on the course of action being taken to remove them. If partner
organisations understand that that the act is not being abided by, then they will review their
placement of trust and responsibility in the manager as he would have portrayed himself of
poor professional opinion after choosing to ignore the HASAWA (1974).
Care organisations and the manager at Merryvale Residence further share the responsibility
to promote a safe environment for all that are within it by hiring properly trained staff. Having
staff specifically trained for their role at the elderly residence reduces the chance of clients’
rights and general needs being misinterpreted after the inappropriately trained staff have
been chosen to perform a job role; which requires health professionals that grasp a basic
concept of what elderly need to benefit their wellbeing and physical health. Such confusion
on how to provide care for the elderly clients at Merryvale Residence encourages the both
the manager and corresponding organisations to have health and safety policies written out
for their employees to learn from. Minimal reference of care guidance can easily cause the
care assistance to perform provision that is not within the client’s and employee’s best
interest in mind as both parties are not being protected from malpractice. The elderly
individuals receive the full effect of being left to get bed sores in their beds, whilst the care
providers have no policies to follow in the time of crisis (being crucial when questioning the
decision of the manager to make the employees adopt the duties of the fired cleaner).
A responsible health and safety representative must then be appointed to the role of
ensuring that the health and safety policy created by the manager is upheld. This means that
any information about the HASAWA is made available for the staff without difficult in paper-
based or electronic form for service providers to study and abide by correctly. No trouble
arises with ensuring that practice protects the colleagues, visitors and employers and
highlights to the care workers at Merryvale that action is being taken using the HASAWA to
resolve the conflict of job roles between their own and the previous cleaner’s responsibilities.
The manger then must provide the adequate and safe equipment that his employers to
perform their job appropriately and safely themselves. The HASAWA places direct emphasis
on the reduction of risk towards employees whilst providing care for their service users,
informing the manager to abide by the legislative policies in ordering and using health and
safety tools that are not faulty or broken. Electrical problems with commercial hoists could
lead to the electrocution of care workers when moving individuals in and out of bed when
connecting the tool to the residency’s electrical mains. The inappropriate clothing of care
assistants can further lead to members of staff getting caught on sharp objects around the
service which might accidently cut or graze the professionals. The manager prevents this
from happening through regularly assessing the heavy and specialised equipment used to
help the elderly clients and arrange for any broken pieces to be replaced or for new products
to be ordered if it is needed, but isn’t already available for his employees to use. No
problems then occur between manager and the employees in relation to following the
requirements of the HASAWA.
Also, the manager and partner organisations must make sure that the HASAWA is strictly
abided by through securing insurance for Merryvale Residence. It is necessary for clients
and the public to be provided compensation in the events of poor practice or abuse, with the
additional responsibility of the manager ensuring that the private service promotes the
insurance of their employees and volunteers. The manager’s failings to promote the health
and safety of the care assistants cannot be put at fault for incidents in which they have
experienced harm by being protected by the law. The manager’s arrangement of insurance
schemes and policies for his workforce will make workers feel confident that their health and
wellbeing important, alongside the health of the clients and that the manager supports the
professional efforts that staff make to promote client satisfaction as long as the workers
follow policy and procedure. This safeguards employees and the public in the circumstance
of an accident occurring by not unrightfully blaming a business (such as a voluntary
organisation) for the incident, along with the accident being concluded as just a simple
mistake that no one could of avoided. The HASAWA requires the manager to ensure that
this is prevented in all cases, reducing the risk of employees having allegations made
against them. For this to be even applicable initially for the service providers at Merryvale
Residence, the manager must assure the governing bodies of the HASAWA that they have
employed safe and proficient individuals to complete tasks and responsibilities of carers. The
staff members must be able to work effectively when provided a job to ensure completion
and to abide by the HASAWA so their colleagues are not placed at risk for the incorrect
choices of care provision for their clients. The staff members then must be guided precisely
by the HASAWA and the manager’s wishes in following the details of their job. This retains
professional boundaries within their extent of experience and discourages them from
contributing to a task’s completion, which they are in no way qualified to work on. With that
stated, the manager of Merryvale must ensure that individuals are trained to use the
specialised equipment that he has provided for their clients and employees to benefit from in
care provision. Misusing equipment can lead to complaints being made against care workers
from the elderly clients believing that their regular service providers are attempting to
implement harm upon them. In reality, the health professionals might just be using a hoist or
handling medication incorrectly as the manager hasn’t informed them of the policies that
need to be met around such activities with the HASAWA being one of them.
Therefore, the manager has the responsibility to ensure that new and existing care
assistants are trained on how to handle medication and using technology provided to
reassure him that his workforce is using equipment correctly. Consequently, the care
providers do not jeopardise the trust of the client as they are able to see that their care
providers are professionally trained on how to use equipment, promoting the HASAWA
through not acting dangerously around the individuals within Merryvale Residence. Even if
there are no apparent risks within Merryvale Residence, the manager must undertake and
lead risk assessments to reduce or completely eradicate risks within the service. This may
be in how the care assistants provide care or the condition of the service’s infrastructure
(being the walkways and the car park, for example). These then must be conducted in
monthly intervals which provides an up-to-date basis for the manager to act accordingly on,
to reinstate training for poorly trained workers or hire external companies to repair damaged
property. This in turn prevents trip hazards and care hazards that might place the elderly
clients at risk as they do not possess the mental capacity or eyesight to identify risks
themselves, proving to be the best decision for both clients and the staff in how the staff are
reminded of how to act appropriately when providing care.
Finally, the manager must record all of the incidents and accidents that occur within
Merryvale so he can refer back to them and identify where he didn’t act appropriately in
previous risk assessments. The fact that accidents are occurring means that an identified
risk wasn’t entirely removed during the last risk assessment, with the manager having the
responsibility to re-evaluate where he acted incorrectly and how he can ensure the risks are
effectively removed this time. The accidents experienced by the employees and clients can
be used to protect employees that were correctly doing their job, abiding by the main
purpose of the HASAWA to reduce the risk to employees within the workplace.
One responsibility that all the care workers within Merryvale Residence must follow in order
to meet the requirements of the HASAWA would be to look after the health and safety of
their own clients and other service users. Just because a care assistant is caring for one
client doesn’t mean they are not relieved of care duties from the other elderly clients, having
the duty of care to promote equal treatment for all clients and their respective individual
needs. Promoting the health and safety of all the individuals within Merryvale prevents injury
from occurring to themselves and other colleagues and clients by identifying hazards and
problems, being able to deal with them swiftly. Health professional are trained to prevent
trips, slips and falls are then acknowledging the right for the other employees and clients to
be able to move safely around their workplace/living accommodation. Secondly, Merryvale
Residence’s staff members have the responsibility of not acting in a fashion that would place
someone’s safety at incredible risk of harm. Tardiness contributes to care worker’s decision
to not do something correctly when providing specialised care, choosing not to perform a
specific step in care as they may find the task too challenging to do-a lack of professional
motivation. A client needing assistance moving in and out of bed with the use of a hoist (as
they have severe physical disabilities), but their regular care provider may be feeling that the
whole procedure is repetitive and boring. They might opt to get another care worker to help
manually move the client using their hands, placing the client at risk of discomfort and
possible harm as the two individuals might not share the strength required to move the
client.
Finally, Merryvale workers must sustain a record system that is up to date with the care
needs of clients, along with reporting any concerns that the service providers may have
whilst working. This means to update any client’s existing care plan configured around their
current care needs with new ones or additional specifications in acknowledgement to how
the elderly client’s circumstances might have changed. It radiates from this that Merryvale
Residence is fully aware that it is obliged to ensure that clients are systematically cared for
so their care changes accordingly and correctly, along with how the service is at the forefront
of medical professionalism within a society where health legislations are always changing to
suit the general public. Abiding by the HASAWA through this way means that accidents are
denied their chance of occurring by other staff sharing the knowledge of how the legislation
has shaped a client’s care plan. Any care worker on any given shift is granted access to their
client’s information and care plan about them through studying the information board on the
end of their beds which detail who the client is, their individual needs and signatures of staff
members of when they came in to provide regular care for them. Such simple means of
understanding the regular care for the elderly clients means that any given care assistant
can act in response to this through possibly providing the correct medication for that hour, or
by helping them get ready for bed at the start of an evening shift and the end of another staff
member’s.
Care Act 2014

The desired intention of creating the Care Act (2014) was to replace various existing
legislations to make understanding the significance of care provision and support for the
public easier to understand. This makes it far easier for service providers to understand how
to promote the health and safety of clients under one universally-known legislation. The
public can then refer to a single act when studying what rights they are entitled to benefit
from, reducing conflicts between service users and providers about the rights they can use
to ensure their health and safety is promoted. Three examples of acts that the Care Act 2014
replace would be the Carer’s Legislation, the National Assistance Act (1948) and the Health
and Social Act (2001), making it easier for care workers to follow legislation as all the
requirements are listed under one heading instead of having to refer to several.
The aim of this legislative act is simple, with clients at the focus of care simultaneously with
the aspiration to integrate their needs within their care provision. This would entail the
knowledge of the client’s personal wishes and identifying their physical and emotional needs
in a short-term and long-term perspective. Dedication to the service user’s attention to detail
in their care means that support can be arrange for individuals, before their situation reaches
the point of catastrophe. Both the client and the service provider can ensure that both of
their inputs mean that the health predicament remains under the sustained management and
control of the two contributions. The client is informed that all the appropriate measurements
have been made to protect the physical and emotional safety of the client; which means that
their ability to decide their next step in treatment isn’t diluted because of a panicked state.
Within Merryvale Residence the care assistants support their elderly clients by identifying
their needs and by providing carers with regular training. The encouragement of health
professionals within the service secures positive health and safety for all the vulnerable
individuals living in the residence, promoting the regular staff training days for the care
assistants to participate in as a compulsory requirement of the Care Act (2014). Staffs are
reminded that the legislation is in effect always and re-trains professionals on how to behave
in accordance to the legislation and meet their clients’ changing needs. Professionalism is
maintained to a constant standard if these training intervals are enforced on a regular basis
and provides the staff with the skills needed to identify and remove hazards around clients
and how to remove them safely.
It is apparent that the Care Act (2014) informs service providers of the legislative structure
that they must respectively abide by when ensuring that the local establishments they work
for safeguard vulnerable adults. This also applies to branching parts of the system which
Merryvale Residence falls under, which all prevent abuse and neglect, consequently
upholding their client’s right to security happiness, and ‘wellbeing’.
The definition of wellbeing includes:
. Personal dignity, including treating individuals with respect
. Physical and mental health, and emotional wellbeing
. Protection from abuse and neglect
. Having control over day-to-day life
. Social and economic wellbeing
. Strong family and personal relationships
. Suitable living accommodation
The key principles that Merryvale Residence should direct their attention to would be the
primary aim of your wellbeing, on the reduction of your need to receive care and support
currently and future situations to promote empowerment. This principle is simple to
understand by service providers who provide the direct care that the elderly need with the
service and can identify that actions made towards improving the wellbeing of clients as
beneficial for their clients. The clients must be made to feel happy with the care they are
receiving at Merryvale Residence from which their service providers can then strive to
achieve consistency throughout all care they provide. Clients will then be much happier to
receive treatment and general care from their care workers, reducing the short-term need to
receive care as happy clients will readily accept positive care. Wellbeing promotion then
links to the support provided for clients at all times within the client’s stay at Merryvale shows
how the care workers genuinely care for them.
It is necessary that the Merryvale staff operate in cohesion with each other as service users
must be protected from abuse and neglect, along with other clients within the same service
as them. Quarrelling between health professionals will inevitably conclude in the dispute of
care provision between the health workers, meaning that they might provide a discontinuous
quality of care and place the client experiencing this at risk of malpractice. This frustration
between colleagues could further result in the client themselves receiving the forefront of the
tension between the two individuals, implementing abusive behaviour upon them to relieve
their stress. You as a client yourself are always put first and the professionals should always
work to prevent abuse and neglect of all.
Extendedly, it is common knowledge for health professionals and their clients to follow a
shared and respected belief that user know best. When this is referred to, the views, desires,
emotions and personal beliefs of the client should be investigated and see where you could
make suggestions about their treatment choices. Choices involving a high level of risk can
be avoided from this, with an elderly client at Merryvale Residence possibly wanting to walk
without the use of a walking frame around the grounds of the care home. For this to be
permitted, the employees (and more influentially, the manager) must understand that the
client may want to experience the level of freedom they had previously when in their early
adulthood, or possibly just because their dementia limits their understanding of age and
makes them believe that they are much younger than they really are. The carers should
meet the needs of their clients to the best of their ability, promoting independence.
Any decisions made or suggested by health professionals must firstly take into consideration
all existing situations that might contribute to the decision finalised. Circumstances that shed
light on the risks associated with a particular client or the positives of contributing to a
decision’s creation means are a part of a decision’s reason for even being approved in the
first place. Clients must further be involved with the making of decisions as their wellbeing in
care provision is of utmost importance. A client’s denial of being incorporated into decisions
made about their care plan and treatment goes against the Care Act (2014) in how the client
is excluded from the centre of focus, being unlawful and provides clients with the absolute
right to make complaints about their care. When clients are pleased with decisions made by
them and with the assistance of their service providers, their family and close friends must
be approving of the decision. If the choice is unbalanced with the beliefs of the closely
associated individuals of the client, conflicts in care provision may arise when the moral and
sentimental opinions of the client’s family clash with the ethical, fact-based care. A care plan
presented may result as unsustainable in the long term for how families and friends may
never truly share the identical views on care as the client or health professionals catering for
them. Along with the desired equilibrium of this, it must be ensured that a client’s rights and
freedom granted by the Care Act (2014) is jeopardised as little as possible. A client’s general
need for this to be met being failed would be reflected negatively in how a client would begin
to judge whether or not their rights even exist initially. Confusion about what freedom the
client has power to might discourage them to make requests to make decisions to benefit
their care as they fear that there have been no rights set in place to support their individual
needs. With these factors being considered when making a decision, a holistic approach to
care is expressed in how a generally complete quality of attention to care standards has
been achieved.
The Care Act outlines the importance of sharing data between interagency and multiagency
partners to promote wellbeing and prohibit abuse and neglect. This being applied to the
clients within Merryvale Residence is presented through how it improves the standard of
care received by the service user. The enhanced quality derives from service providers
remembering the importance of sharing data with the aim to ensure that all agencies within a
care plan for all of the elderly residents, ensuring that this is performed. Once again, a
holistic approach to the care of the aging clients in how the distribution of information with
the consent of the clients is portrayed. Subsequently, the manager and the care assistants
employed at Merryvale Residence should have their health and safety promoted in how they
will not be the direction of any abusive behaviour, in relation to the sharing of the client’s
individual needs. The Care Act formally declares that the care assistants are entitled to
investigate further into a clients’ case if necessary and in their best interest, protecting clients
and their families from creating verbal and possibly physical abuse to the care assistants
and the manager. Instead, the clients and their families will be shown that the sharing of data
about their loved ones is entirely within the best interest of the client and is honest to them
and the Care Act which they have been legally required to follow. Service users benefit from
this as they are reassured that their information is being used to promote safe practice
through suggesting adequate care plans which ensures all individual needs are met.
The sharing of data between inter-agencies, multi-agencies and general health professional
is applicable throughout all statutory care in England, being a legal requirement in the bid to
provide a national standard of continuous beneficial care when following the Care Act
(2014). The NHS, social services and educational services may all interact within
themselves and with each other to share vital information about where an individual may
have acquired a health problem, what risks have been posed to the client because of this
and how it can be counteracted to ensure that the wellbeing and safety of the client is
maintained. It is the right for all individuals to receive exceptional care that involves the
thorough investigation into their situation, needless to say that the Care Act (2014)
advertises this significance after needing to ensure that clients are protected when their
situation dramatically deteriorates. Another care sector that is dependent on the sharing of
information is the voluntary care sector. Volunteers who operate entirely on public funding
away from the government, along with how they work by their own free will, requires
individuals to share information about their care additionally as the volunteers are more
prone to making unprofessional failures in care provision. Voluntary groups such as Age
Concern and MenCap may face allegations of abuse and neglect from clients in the case
that the service they are working for refusing to share the client’s basic behavioural and
medical characteristics. The volunteers need this data to ensure that the assistance they
provide doesn’t conclude in malpractice and effectively respect the individuals they cater for
and their physical and emotional needs. Finally, sharing information applies to private care in
relation to how privatised services intend to generate profit out of specialised care. Clients
who do not give consent to the sharing of their information from them or the NHS will, in
effect, destroy the private healthcare business from the companies needing to understand
what exactly the client wants for the extortionate price they are paying for care provision.
Merryvale Residence is a private care home in which the service accumulates profit from its
elderly residents using their pension fund to pay for specially qualified staff, specialist
equipment and high-quality care, with the residents needing to share their medical history
and personal views on treatment to ensure that they receive care that revolves around them.
One example of inter-agency data sharing within Merryvale Residence would be how it aids
communication efforts between staff members to uphold the needs of the elderly clients
present. A small population of ten clients should theoretically transcend as the need for a
smaller workforce within Merryvale Residence and suggests that communication between
care workers should be easily achieved. For example, the suspected abuse victim in the
case study might decide that informing a member of staff is the best option in the bid to end
her possible abuse. With the consent of the elderly female, her regular care assistant would
then be able to locate the manager with ease, only having to travel a small distance to share
the data in an inter-agency approach. Another example of this would be in the support in
decision making clients receive. The line manager is able to inform one of his employees
about the risk of a client deciding to get dressed on their own for a change on his morning
shift after referring to the Care Act legislation provided to him by the Care Quality
Commission and government. The employee can then share factual information with the
client of particular interest in a ‘top-down’ approach, sharing data from the highest authorities
in health and social care to the large workforce of direct care providers within the residence.
This then allows the client to re-evaluate what they would gain from them dressing
themselves against the risk of falling over and harming themselves.
Moreover, an instance where data is shared between multi-agencies within Merryvale
Residence would be between organisations with the duty of care to safeguard individuals.
The local police service, the NHS, the local council, the CQC and the DBS all contribute to
the manageable and professional sending and receiving of information about clients who
may be conveyed as victims of abuse or neglect, being widely identified between the number
of individuals who have been left in their baths or showers for hours on end and how many
times this occurred. The CQC would investigate with the manager of Merryvale Residence to
find and evidence from examining health records and interviewing the elderly residents, then
relaying their gathered data back to the police service and local council. The police would
follow this with a legal investigation into if the case is abuse or poor practice, whilst the local
council can publish the findings to inform locals of what the best services are available to
them in the area in comparison to Merryvale Residence. Another example would be in how
holistic care needs need to be met and the need to prevent and respond to abuse and
neglect. Many services working harmoniously enables a complete spectrum of individual’s
care needs to be studied when in predicaments of abuse or neglect, with the elderly female
with bruises on her neck having her abuse or neglect eliminated through the manager
working with the local council and the CQC. They identify all areas of care provision where
the employees and the manager failed to act suitably, with the CQC providing advice about
policies and regulations the service should follow to promote the holistic care of all clients.
Influence of legislation and policies on health and social care

practice
Safeguarding vulnerable adults, children and young people
When care provision is being performed to benefit an individual, the service users’ welfare is
of the highest importance. Health professionals need to ensure that their clients are made to
believe that the care they are receiving is reliable and beneficial to them, making them feel
safe and protected within their chosen service. If this wasn’t the case, then the clients would
resist the need to attend the service for vital treatment as they do not feel happy or pleased
around the service providers present there; feeling undervalued.
Safeguarding legislation is of significance to the staff members at Merryvale Residence due
to their responsibility to protect and safeguarding care providers and users. It is important for
care givers to follow safeguarding procedures to ensure that vulnerable individuals and
groups are not put at risk of abuse or neglect. The care assistants and the manager maintain
a proper and expected standard of care provision consistently which further reassures the
elderly residents that they are not vulnerable to harm; meaning they are protected against
following allegations of improper behaviour.
For all the carers present at Merryvale Residence, an ultimate responsibility for the health
professionals to be accountable for their behaviour. If the care assistants are made aware of
the complications of not abiding by legislation and the benefits to doing so, then the
individuals can identify that the direct care that they promote can either have a positive or
negative effect on their client. This allows them to act appropriately when respecting the
legislation they have been provided with, consequently protecting themselves and the
service from allegations of abuse or neglect that would otherwise jeopardise the welfare of
their elderly clients. Additionally, the care assistants at the health service possess the
responsibility of circumventing scenarios where the motives of individuals may be
questioned and investigated. The elderly clients that the service providers are catering for
might have growing suspicions due to the activities that their carers perform, possibly
leading them to believe that their care is intentionally unsatisfactory from discriminative
views towards them. The individuals could begin to reject care offered to them in fear of
extended abuse or neglect towards them, making it the responsibility of the carers to provide
positive care in the best interest of the elderly client’s dementia, physical disability and
impaired mobility needs.
Carers should also inform the manager in Merryvale about concerns to support vulnerable
individuals. Having a second professional opinion can allow you to decide whether action
must be taken to ensure the health and safety of an individual is upheld whilst being guided
by the manager’s greater understanding of health and safety policies. The correct response
can be used to address concerns and can identify if clients are at risk of abuse or neglect.
Merryvale service providers must also cater for emotional needs through approaches such
as counselling and other additional support. Dementia clients are commonly subject to
emotional instability due to their condition and may require emotional assistance to find ways
of suppressing aggressive or unpredictable emotions. The elderly residents may also
experience depression from loss of family members and isolation and require counselling to
prevent individuals forming uninformed attachments to new people they meet who might
wish to take advantage of this for personal benefit. Finally, Merryvale staff must inform
clients of their own needs, decisions and desires for their care to prevent them from
misreading situations. Service users may be encouraged to complain more freely and
regularly whilst the service doesn’t employ a full-time cleaner as they understand that this
would be the correct action to take and is their right to do so.
Without legislation being put into effect at Merryvale Residence, the chance of carers
misinterpreting situations and failing to support vulnerable individuals will always be present.
In response to this, the workforce at Merryvale Residence should maintain a constant quality
of professionalism. Following strict guidelines and procedures set by legislation keeps health
professionals providing direct care in the service focused on their duty of care and
responsibilities, absorbing any information from their superiors or clients about what care
should be provided to clients. Therefore, a strict abidance to precisely informing clients of
what can be done in their best interest and ensures not incorrect knowledge is shared with
them, avoiding puzzlement of their own. Carers should also ensure that they offer a
chaperone where they believe is it necessary to install one.
It is a part of basic human nature and interaction to converse with each other through verbal
means. For this to be received and returned correctly, misleading situations must be avoided
through the use of effective communication. The Merryvale Residence service providers
must ensure that effective and positive communication is practiced by following the
communication cycle. The communication cycle is understood as the repetitive sequence of
events between two individuals sharing and receiving information, incorporating the use of a
sender and receiver. The sender will direct coded messages to their receiver verbally and
the receiver will then decode the message using intellect and cognitive skills to provide
confirmation that they understood. The cycle is prone to breaking in the case of a receiver
becoming misinformed about a piece of information they have been told, requiring the care
assistants to speak to their clients in a fashion that reflects unambiguousness and clarity.
This is incredibly relevant when you refer this to elderly clients who may struggle with
hearing impairments because of age and intellectual impairment due to dementia. The clarity
would be achieved by the care assistants looking directly at the client to avoid confusion of
who the receiver is, and ensuring that the service providers speak formally, but slowly which
denies the possibility of a client not being able to understand their speech. Once one of the
Merryvale Residence staff members have finished informing their client of something, they
should then reinstate the overall understanding of the matter by asking their elderly occupant
whether they understand what has just been portrayed for them. This prevents problems
from developing in future scenarios around the client believing that their service provider is
acting against their best interest, except they do not remember being informed of. For
example, a care plan or treatment, which protects clients from negligence of their right to
understand and to be told information that regards them, along with the Merryvale
Residence avoiding serious allegations from following the communication cycle.
HAWSAWA and Safeguarding

The Health and Safety at Work Act (1974) protects vulnerable adults residing at Merryvale
Residence through the legislation’s ability to safeguard all individuals in the workplace.
Whether the individual would be a client, visitor, employee or child, this specific legislation
states how a person within a work environment is eligible to be protected under this act. The
elderly are not excluded from the details of this and find reassurance that they will be left to
protect themselves from neglect and abusive acts as Merryvale Residence is the workplace
for the carers that assist them. Furthermore, the vulnerable elderly living at the service is
safeguarded under the Health and Safety at Work Act (1974) requirements for the private
service to create a safeguarding policy. It is a legal obligation for the manager research into
the safeguarding needs of elderly clients and relates this to the necessities expressed by the
act. Complementary relationships between the elderly clients and the act identified means
that the manager can put his proposed safeguarding policy into effect and ensures that each
of the client’s individual needs are upheld. The two dementia patients present in the service
can then have their individual need to be protected from intentional neglect from service
users feeling empowered to provide poor care as the service users will not remember it even
occurring.
The legislation further safeguards vulnerable adults in how the workers operating at
Merryvale Residence are required by their role to avoid venturing outside of their
professional boundary. Health professionals believing that they are of the same social
standing as their manager within the residence can lead to them taking authority of
procedures and treatment when they are not legally inclined to, endangering the clients by
performing actions they may not necessarily have training for. Physical and intellectual
disability means that the elderly clients are at increased risk of harm than that of more
capable individuals as they may not be able to identify incorrect care or have such
desperation for the care, which they fail to realise any wrongdoing. The care assistants must
then remind themselves that they are of equal and limited training for their specific role and
encourages them to not act inappropriately. Employees must further behave correctly in the
best interest of the client at Merryvale Residence as this promotes their individual needs.
Carers have the responsibility to identify that the ten individuals living at the residence
require the same level of care quality, but varying actions to meet their physical and
emotional needs. Clients with dementia and physical disabilities have differentiating
individual needs that need to be maintained by Merryvale Residence through their service
provider placed with them, leading the care workers referring to their physically disabled
clients as socially equal to promote their equality within the care home and wider society. For
dementia patients like the vulnerable female partner described in the case study, her carers
must speak to her calmly and positively to reassure her that she is not in an environment
that intends to bring her abuse and neglect. Her dementia will lead her to repeatedly forget
the individuals who care for her and might need reminding that she is still valued even with
her mental condition.
Furthermore, employees working at Merryvale Residence need to be appropriately working
around their clients at any given time. This denotes to the care workers making sure that
they are not acting too friendly with the client to ensure that the client doesn’t become their
‘best friend’, jeopardising the client’s future wellbeing as they might become stressed when
their preferred care worker not being there. This also protects the worker from allegations of
malpractice and emotional stress from client’s family members becoming involved in the
situation at hand. With the possibility of clients even emotionally blackmailing their service
providers in terms of their relationship, abuse and neglect must be prevented through
investigating meticulously all complaints made by staff and clients. A client has the right to
express their concern about an area of their care, with the exception that the clients may be
informing care providers at Merryvale Residence untruthful and incorrect knowledge of any
abuse or neglect as their dementia, or just generally deteriorated memory, may lead them to
make statements they are not fully confident on. Service providers are then placed in an
entirely avoidable, treacherous situation that they may not have even contributed to, being at
risk of being placed under investigation themselves if found to be the culprit to an
inappropriate action. Therefore, a client’s complaint about their care provision should be
directed by the manager as they possess the most experience in cases such as this and
interview the client and care worker of interest. All clients are still acknowledged as being
completely true to their word whilst service providers are protected from unjust punishments
against them, promoting the wellbeing of all individuals in the case as they are made happy
from understanding their view is being respected.
The HASAWA can influence safe practice whilst providing care in Merryvale through how
health professionals understand what policies apply to them which allows them to lawfully
uphold them and promote safeguarding. An example of this would be that all the staff in
Merryvale have manual handling and restraint policies that apply to them as they have the
right to handle clients when they either need help walking and getting up or down in bed, or
must restrain aggressive individuals due to their dementia which promotes safeguarding by
preventing physical harm being incurred by frail residents. All the points made by the
HASAWA have been essential and relevant in Merryvale other than the requirement to
remain within their professional boundaries as employees have been ordered to adopt the
responsibilities of a full-time cleaner by the manager, meaning they have had very little
choice except to abide by the guidance they have been given to cope with the workload. The
purpose of the HASAWA in Merryvale is to inform the health professionals of how they
should respond to occurrences in client so that professionalism can protect clients from
emotional stress in their predicament. The HASAWA benefits service providers as they can
fully understand that they must remain calm during any form of relevant care provision which
further safeguards emotional vulnerability. Clients benefit from the HASAWA in how they are
not made to feel as if they must be subjected to erratic and panicked responses when they
have possibly just fallen over when walking around Merryvale or have developed bed sores
from not being washed on a regularly. Service users do not become stressed themselves
and are reassured that everything possible will be performed to ensure the client is catered
for immediately and in the future, safeguarding clients.
The points made by the HASAWA have been ineffective across all requirements in how the
absence of a professional cleaner has caused the staff to place more of their focus in
ensuring that the residency is clean, rather than ensuring that client’s individual needs are
met to safeguard individuals from abuse and neglect. All the points have not been met, with
the point declaring how employees must act suitably in relation to their client being failed
from how the elderly same-sex couple being denied their right to share sleeping quarters. A
point that was immediately failed was the need for staff to remain within their professional
boundaries, having to perform cleaning duties which they are neither qualified or required to
fulfil as care workers. This placed residents and staff at risk from possibly having cleaning
products misused or not stored appropriately, increasing the chance of the clients tripping or
slipping over from nit seeing the tripping hazards. The clients are not adequately
safeguarded because of this as the staff do not consider the client’s poor mobility and
eyesight from not having professional experience with specific cleaning tasks. The
requirement of staff members remaining within their professional boundaries is further failed
in how health professionals are performing general cleaning jobs around the service. An
unbalanced standard of care can be seen across the service in how cleaning jobs will be
completed whilst worker’s specific care roles will be unacknowledged which causes the
clients to have to place themselves in danger and try to wash, dress and feed themselves.
This does not meet requirements stated by the HASAWA as a safe working environment is
not being upheld where the clients are placing themselves at danger whilst possibly making
their environment more hazardous for others, such as clients leaving wheelchairs in hallways
and in their rooms rather than storing them safely to avoid accidental harm.
Care Act and Safeguarding

In terms of the Care Act (2014), the legislation safeguards vulnerable adult individuals
through how the act only comes into effect for the vulnerable adults that care providers are
catering for. This law is therefore made surprisingly simple to memorise by health
professionals in how they can easily understand that their clients are the only group of
individuals that are of importance in this act, meaning they can direct their expertise into the
individual and general needs of their clients. In the case of a dilemma in care, the clients
remain the most important individuals within the matter as it is clarified by the right to be
safeguarded by the Care Act (2014), maintaining the aim to improve care standards for the
clients always. Their vulnerabilities are protected through consistent focus on them and
identifying them as of higher priority than that of the service providers. The Care Act (2014)
further protects vulnerable adults through the fact the act promotes an approach by a multi-
disciplinary team which consists of various professionals from different fields. Not all
individual needs can be met by one health professional that only has training for a certain
area oh health provision, often resulting in service providers meeting to discuss the
individual needs of clients using their different skills to meet individual needs. The team can
share information between them easily when meeting with each other and can gather a
greater understanding of why the Care Act (2014) is so important, and how it can help meet
individual care needs. Vulnerable adults need these multi-disciplinary teams as they require
additional assistance and caring planning to meet their contrasting and increasingly
uncommon health conditions, preventing abuse and neglect when upheld in how the clients
are having these needs met despite the level of difficult that the service providers may
experience when using the Care Act (2014).
With that stated, the legislation highlights and emphasises the importance of service user’s
wellbeing when within their service and receiving treatment. Wellbeing is defined as the
promotion if client’s emotional, physical and social stability, along with suitable living
accommodation. The appropriate accommodation might include qualified professionals that
are trained to identify abuse behaviour and neglectful evidence, decreasing the chance of
abusers acting wrongly when their activities are found to be unlawful. The promotion of
emotional, physical and social stability increases the confidence of clients when they believe
they are being taken advantage of, feeling more obliged to rightfully make an allegation
against their abuser. The Care Act (2014) reminds them of their right to do this. Alternatively,
the act reassures care providers that they are entitled to investigate into unique cases and
predicaments of care in relation to clients. This means that health professionals are able to
follow up any suspicions about the standard of care that their clients are receiving and to
study the health records and plans about a client. A better understanding of client’s
tendencies, behaviour and individual needs branching from these can be acquired from
client’s service providers not being denied access to information they are dependent on to
protect individuals at risk of harm.
Finally, the Care Act (2014) enlighten health professional with encouragement to intervene in
early stages of care, promoting the client’s right to independence, thus dignity. This is
especially relevant for the emotionally and socially impaired who can be at greater risk of
embarrassment and humiliation when they have low self-esteem and poor self-confidence.
Care workers and their employers are informed about their right to intrude on a situation,
with possible cohesion with the client’s family members, to speed up care provision to
address an alarming problem with the client’s activities with another individual, their health or
the care provision they are receiving from a provider. The problem does not become a
continuous negativity for the client in how it would have been resolved in the early stages of
their care provision, reduces and preventing future harm for the client after their care
workers have abided by the Care Act (2014).
The Care Act (2014) should influence safe practice in Merryvale Residence through
informing carers of what they are professionally allowed to do and informs them of the
restrictions associated with this. All the points stated by this act are all significantly relevant
to the care provided within Merryvale through stating the shared benefits for health
professional and the elderly clients through the care assistants, respecting what the
legislation requires of them. Despite this, the first point noting how staff members should
only care for vulnerable adults they have been allocated to; as all the elderly individuals are
vulnerable to accidents from tripping over litter scattered around rubbish bins, neglect and
the possible presence of an abuser from how one of the dementia patients living in the
residence has suspiciously sustained bruising around her neck region. The care assistants
may be having to stretch their own duties to care for colleague’s clients and complete tasks
that a professional cleaner would complete, but they would have a legal obligation to ensure
that all the residents are safe as they have minimal physical or intellectual capabilities to
safeguard themselves from harm. The purpose of the Care Act (2014) in Merryvale is to
highlight the general simplicity in safeguarding clients during the emergency of not having a
cleaner. Following the act and corresponding legal and regulatory requirements will allow
safe practice to be achieved easier. The Care Act (2014) benefits health professionals
through the care assistants being shown how to provide care simply, yet effectively to
improve the situation in Merryvale, whilst client benefit from being protected from abusive
behaviour as the elderly client’s suspicions relating to their fears of abuse can be addressed
swiftly to prevent physical and emotional harm.
The Care Act (2014) may have benefited individuals within Merryvale in several ways, but
the points proposed by the act were totally ineffective through failing to meet all the points
stating the need for wellbeing to be promoted and to perform enquiries where abuse was
identified be the residence. The wellbeing protection failure was identified in how Merryvale
staff failed to refer to the Care Act when acknowledging the same-sex couple’s request to
share the same bedroom. The couple were immediately rejected when they asked to share
the same room which could have led them to develop feelings of low self-concept after
believing that the women do not share the same rights as the other residents. The staff
should have member the couple consulted should have had their request met as soon as
possible whilst explaining to the residents that their bedroom arrangements could not be met
at that moment due to the staff having to stretch resources and time with cleaning duties.
Enquiries into abuse around the female with dementia were not upheld due to how now
investigation followed the incident. This lead to the woman and other vulnerable residents
being placed at risk of physical harm in how no evidence or data was collected to help
identify the abuser and remove them from the service. Subsequently, the staff had failed to
safeguard their physically and intellectually vulnerable clients by understanding the potential
for harm, yet did not uphold the point stated by the Care Act to do so. An example of where
this is portrayed in how only care assistants have been observed in the service providing
care for clients which suggests that a multi-disciplinary team is not being promoted for clients
to benefit from. Carers may also believe that they are not entitled to inquire into specific
cases due to the other responsibilities that need to be met before investigating a problem in
care.
Protection from accidents, injuries and illness, including

infection control, food preparation, hazardous substances
As stated by the HASAWA (1974) employers possess the profound responsibility to prevent
accidents and promote safety in all circumstances. Within Merryvale Residence, the
residence manager would suit this obligation perfectly in how they have to ensure that all of
the care employees (and people generally associated with the organisation) are safeguarded
against harm as far as reasonably possible. Being that the manager operates the service on
a daily basis, possibly on a full-time basis, means that they are the most eligible to be alert
for hazards within the service and must act when they identify a risk of the workforce are
then able to provide care without being in pain, thus increasing the standard for the clients.
Additionally, the employees have a duty of care to prevent injuries and accidents from
arising. For this to be initially completed, each care assistant must ensure that they perform
their job in a professional manner that doesn’t endanger themselves or individuals
surrounding them. This means to follow health and safety procedures laid down by the
HASAWA and to promote this to their colleagues and clients so they know what activities
they perform are acceptable or negative. They must also be adequately trained to use all
safety equipment whilst working. Properly setting up bedrails for clients requires the care
workers to know how they can be prepared so that they do not get the client’s limbs, neck or
head trapped between the bedrails and the bed itself. These accidents can be avoided with
the appropriate knowledge of how to perform such tasks correctly, being the employee’s
duty to be certain that they have all of the training they require to perform a job. From here,
the employees must be able to use any equipment in the correct manner and makes sure it
is only used for its intended purpose and design. Tools such as commodes might be used to
stand up on when trying to access a difficult area within a service, defeating the objective of
the specialised chair to help physically impaired individuals go to the toilet. If health
professionals choose to stand on equipment not intended to withstand a high weight
capacity, then the object could break and lead to the employee, and the people around
them, to get hurt.
Harm may further originate from the improper and incorrect disposal of medical equipment
which may lead to the accidental injury harm or viral and bacterial infection. Sharps boxes
that contain needles for diabetic patients, or the disposal of used latex gloves in the general
waste bins instead of recycling (as the gloves would be handled at a later date if recycled,
only spreading disease further) needs to be performed in collaboration with equipment
disposal procedures; as employees need to make sure that no other colleagues spread
disease after being cut or touching contaminated items. Finally, once new service providers
have been fully and professionally trained, they are responsible for all of the actions and
care that they provide for individuals, along with the actions they perform around their work
partners. The individuals would have been informed of all the policies and procedures that
they would have to respect when performing their job, needing to respect the fact that they
now have a full awareness of what is acceptable and what is perceived as intolerable.
Subsequently, new staff members must ensure that they accept any penalties or sanctions
as result of malpractice as being their fault in choosing to ignore health and safety
requirements in the need to prevent accidents and injuries.
HASAWA and protection

In terms of the employees, them using the Health and Safety at Work Act (1974) means that
they must not intentionally toy around or misuse equipment designed for health and safety or
specialised care provision. Operating machinery incorrectly or immaturely using tools may
result in the injury or possible deaths of the service providers and the frail, delicate clients
they tend for in close proximity. Acting professionally with equipment at all times avoids
injury from poor food preparation (in reference to knives and forks) and accidents because
the HASAWA informs employees of why deliberately misusing equipment is dangerous.
Moreover, safety equipment must be used as a compulsory requirement for employees to
protect the safety of individuals, as the equipment’s title implies. Without the Merryvale
workforce promoting the utilisation of the safety bars installed in around baths and toilet
facilities, clients are put at risk of slipping wet surfaces. The employees must make sure that
this safety equipment is used at all times for all elderly clients as this prevents such
accidents from occurring, with the HASAWA enforcing the need for this to promote health
and safety. This then links directly to the how the HASAWA protects individuals form injuries,
illness and infection in the employee’s need to not place themselves and others in danger.
This would require the employees to remain within their professional boundaries as
performing jobs they are not qualified for can implement more harm than health benefits,
being not met through the employees performing cleaning duties that Marry Jones would
complete. The HASAWA reassures the care workers about their right to not have to perform
those duties as it simply isn’t a part of their job requirements. Finally, an employee’s must
that helps promote individual’s health and safety because of the HASAWA is the need for
training on equipment, infection control, handling hazardous substances and hot to prevent
accidents. Having experience throughout all of these skills means that one individual care
worker at Merryvale is able to address a wider range of dilemmas and incidences needing a
specific area of training. The clients are then receiving care from a more highly qualified
health professional who understands more ways to prevents accidents from happening. The
HASAWA ensures that the employees in Merryvale participate in training required for this
from which understanding of how to prevent accidents at a greater level.
The HASAWA influences the prevention of injury, illness and accidents through improving
approaches to injury prevention in specifying each role in doing so with the act having the
purpose of informing services to uphold accident prevention procedure whilst stating how to
do uphold procedure. All of the points are exceedingly relevant in how older clients take
longer to recover from injuries than individuals of younger ages, with the purpose of the
HASAWA being to prevent the elderly being put at risk of avoidable trauma or death which
promotes the working environment as safe. This can be witnessed in how the clients should
be protected from slipping and tripping hazards in Merryvale when the staff are not able to
immediately address them, with the HASAWA stating how the staff need to respond quickly
whilst ensuring clients can still move around freely. The staff can then use wheelchairs to
move clients around to prevent them from falling over and do not have to rely on poor
eyesight to identify spilt liquids or litter around bins in the service. This benefits service
providers through care workers not being blamed for unsafe practice as they act in the
client’s best interest and use their best ability to protect clients from harmful incidences. An
example of this would be through Merryvale staff ensuring that all litter around bins and
objects lying around client’s bedrooms (from staff struggling to keep the residence tidy) is
picked and cleared up before a client is helped to move around to service. This shows the
client that the health professionals have not disregarded the threat posed to residents by
possibly falling over or slipping, leading clients to not complain from understanding that,
despite how staff have to balance cleaning duties with client care responsibilities, carers are
promoting safety when preventing accidents.
An example of this Service users also benefit from this as they do not hold any fears of
unexpected death from being protected from injury. Clients are not made to feel vulnerable
or unconsidered from receiving care relevant to them through care workers upholding care
plans which follow HASAWA requirements.
The HASAWA has not effectively been protecting individuals in Merryvale. The HSE did not
investigate the incident where the elderly dementia patient had developed unexplained
bruising around her neck which was not distinguished as either abuse or neglect, due to the
individual not possessing the mental capacity to inform the staff or the organisation.
Employees were also acting inappropriately in how one staff member denied the same-sex
couple their right to share a bedroom which increases the chance of the partner, who
exhibits dementia, having an accident from her partner not being present to care for her,
being especially vulnerable from tripping over debris around the service’s bins from not
acknowledging her environment rationally. Clients are made to feel vulnerable if they are
denied help from their friends and partners who they trust and believe that their health and
wellbeing is at risk from the HSE not being able to intervene and resolve the issue.
Individuals will continue to have their individual needs ignored and their self-esteem will
decrease from feeling that the client’s ability to influence is of little importance to the
Merryvale staff.
Care Act and protection

Additionally, the Care Act (2014) protects individuals from accidents, injuries and illness by
only being aimed at vulnerable adults. Resources and time from a stretched workforce can
priorities their care correctly by only focussing protection for the individuals that require it
more than others, such as those with dementia and decreased hearing capabilities. They do
not harm themselves as their conditions are catered for appropriately using adequate
amount of attention, whilst other clients have not been put at risk of accidents or injuries as
they are less vulnerable. This act also states how multi-agency approaches should be
practiced in Merryvale to ensure safety and prevent abuse and neglect within the service.
Secondly, the Care Act (2014) prevents injuries, accidents and illness through promoting a
multi-agency approach in Merryvale to ensure safety is upheld and abuse and neglect does
not become the norm. Clients should have their possible neglect prevented through health
care and living conditions being sustained in a safe manner by meeting all care tasks using
additional external employees. For instance, cleaning substances are not left out from staff
having to rush to complete other tasks and leaving cleaning duties uncomplete, decreasing
the chance of corrosive substances touching the delicate skin of clients. Thirdly, this
legislation conveys the importance of specifying the need to share information to safeguard.
This promotes a greater understanding of data and allows complications presenting risks of
injury to be addressed accurately. Specific time schedules and procedures can be followed
about care plans which allows consistent care to be achieved whilst no injuries from health
professionals acting incorrectly are observed. Workers must act in a way that ensures they
are considering the health and safety of all clients and colleagues when providing care in
Merryvale, considering the consequences of actions to prevent harm being incurred from
accidental injury. This may be seen in how a staff member might consider how the health
and safety of both colleagues and clients might be impacted if that worker was to leave the
floors wet, without drying them, to go and tend to another task. The individual then decides
to request another member of staff who is not busy to complete the task so the slip hazard is
removed whilst a client’s individual care needs are met elsewhere in the service. Merryvale
staff using care plans allows staff members to identify what specific risks are posed the
clients because of their ill health and allows risk and illness to be reduced from workers
being guided by care plans to provide appropriate, effective care. An example of this would
be where one client in Merryvale has severe osteoporosis and requires their care givers to
be extremely gentle when helping he client move. Health professionals then ensure that the
service user’s care plan is referred to so the workers are informed of how the client should
not be hurried as this increases the risk of the individual being hurt.
The Care Act (2014) influences safe practice in Merryvale through ensuring that policies
used to uphold health remains easy to perform and simple to understand when providing
training to staff. All the points are relevant in Merryvale as all elderly individuals are
vulnerable due to their advanced age with the residency relying on various professionals to
promote individualised care. The client’s wellbeing is easily impacted either negatively or
positively through whether injuries, accidents or illnesses occur. The purpose of the Care Act
(2014) is to prevent harm before it can arise through informing health professionals of how to
uphold positive care provision continuously to prevent health problems occurring in the
future, alongside how training guides when to intervene early with poor health to prevent
serious ill health. The positive of this for health professionals is that workers will not feel
pressured in the future from facing an increased workload. Less incidents, where the client
has been harmed from workers rushing, must be investigated which requires the valuable
time of care assistants and do not become stressed after being punished for not completing
tasks to a high standard. Service users benefit from this purpose in how their long-term
health being is promoted from not being harmed and do not worry about their health
deteriorating as the result of unsafe practice, feeling safe in Merryvale from receiving
relevant care suggested by the Care Act (2014).
The Care Act (2014) has shown no effectiveness and has failed all the points apart from the
first one detailing how the act is aimed at preventing vulnerable adults from being harmed,
by the workers ensuring that slip and trip hazard are removed and that clients are not left to
care for themselves. This is supported through how all service users in the service have had
their care attempted with cleaning duties of the staff as the clients are sensitive to change in
their care sequence and standard. Carers have attempted to clean their clients in showers
and baths, despite having to stop and tend to cleaning the surfaces and toilet facilities which
has decreased the chance of residents experiencing harm, injury and accidents from not
having to struggle to move or bathe themselves. The third point, however, is not being
upheld through information about accident records not being shared with care assistants,
with the bruised female’s injury photographs being kept to the manager. This is due to the
manager being too busy performing other tasks alongside how the manager may not wish to
distract his or her staff so all intellectual capability is being focussed on their tasks.
Subsequently, the care workers are not aware that they are failing the Care Act (2014) and
harm prevention from not being punished for or informed of their care failings from being
allowed to provide inadequate consistently.
Managing risk assessments and maintaining a safe working

environment, including safe moving and handling
When workers at Merryvale Residence are requested to undertake a task, they must ask
themselves if the task is even necessary. Contributing your time and energy into a task that
does not need to be performed may waste a valuable opportunity to complete tasks that
actually require the professional input of an elderly care worker. Even if the task needs to be
performed, the employees must then question if the task can be completed. With the
increasing amount of stress on the care workers at Merryvale to care for clients whilst
simultaneously are performing cleaning duties that should not be performed within their
professional field. The health professionals must then declare their ability to complete a job
provided to them and the reason why, being based around their time management and
professional capabilities. In the event that a care assistant finds that they are able to perform
a task, they must identify the importance of having additional support from a colleague.
Using heavy equipment or having difficulty in performing something may be made easier if
the individual performing the tasks has help, making the task easier and completed more
quickly. Alongside this would be whether you are actually qualified to perform the task
independently, leading to the next question care worker must answer-could the task be
made simpler or safer? As previously stated, having two individuals working on one job
ensures that more skills are used to perform a job more safely. The job may be made
simpler from the exploitation of specialist equipment.
Furthermore, the workers in Merryvale Residence can use the acronym ELITE to ensure
they think about the consequences of tasks they desire or need to complete in order to
provide effective care. The acronym divides into five different areas of focus that need to be
reviewed in order to prevent health and safety from being jeopardised, providing clear
guidance for the care workers cases where tasks need to be completed in a safety-aware
fashion. The first word of the acronym I known as ‘elite’, revolving around the uncertainty of
whether or not an environment is dark, cluttered with trip-inducing objects or hazardous on
the floor. Positive care comes from the care workers ensuring that tripping hazards are
removed from the residence and that adequate lighting is installed to complete a task
efficiently. Objects that may cause accidents are therefore removed beforehand,
emphasising how workers promote the safety of individuals. If moving a load during is
required during the task, the employees working in Merryvale must then assess the safety
factors involved with doing so. The stability of the work must be assessed; unstable loads
could lead to back injuries in uneven weight distribution, or even fall onto service users
sitting in their beds or chairs. Slippery loads means it would be more difficult for the object(s)
to be transported over a longer distance and might be at an awkward angle. These increase
the chance of the load being dropped and harming visitors, residents and service providers
through presenting a new tripping hazard in the service. To counterbalance this, the care
worker might be able to stabilise a load through requesting a colleague to help move the
load and minimise the risk of injury in how the object will not be dropped on their feet or
create a tripping hazard. A load may also be moved over to trips back and forth so the load
isn’t too heavy to move and doesn’t get dropped or place physical strain on the service
provider.
Individual capabilities of a care worker are then considered when suggesting what
consequences could thrive from completing a certain task. Balancing your skills and
qualifications with the difficulty of the task in question allows the service user to decide
whether or not they have been asked to venture out of their professional boundaries,
possibly endangering clients through unintentional malpractice. Even then, the care worker
needs to assess any possible changes in their capabilities in being able to complete tasks
that they are confronted with. Physical and emotional conditions contribute to the suitability
of an individual being able to attempt a task, with a care worker needing to address the
manager about reasons for why they are not eligible to do a task. Another health
professional may be suggested who is in better condition than you are, improving the
standard of care for clients who makes them feel pleased with their care. The ‘T’ in ELITE is
defined as ‘Task’, with the care workers analysing the possibility and benefits of finishing a
task by breaking it down into smaller, more manageable tasks. Larger tasks may seem more
daunting and challenging, proving far easier to complete a task into two safer trips in
opposition to just one. The tasks can be managed easier if one client is listed, by the
manager, to require many tasks completed for them on a given day and have their
requirements catered for by performing them in several small tasks; in opposition to
attempting to complete all the care needs for a client in one moment.
Lastly, the ‘E’ within this acronym represents ‘Equipment’ and highlights the need for health
professionals within Merryvale must question the suitability of the equipment they have been
instructed or provided with, to ensure effective care is provided for the elderly clients. The
care assistants will identify whether the item which has been made available to them to
complete a task is genuinely correct for what the task needs to be completed. Incorrect
equipment may abruptly stop any efforts made by the health professionals within Merryvale
to provide care in how the tool may have no structural or ethical use for a function other than
what it was intended to be used for. Safety issues further branch from the use of inadequate
equipment for care implementation within Merryvale as the elderly clients may suffer more
drastically from accidental injury or emotional destabilisation than younger adults. The
alarming possibility of client fatalities, as result of this is recognised, through how Merryvale
staff review if any equipment relevant for a task has been safety checked and when it next
needs to be assessed. Consequences from dangerous objects being used to provide
individual care, such as the physical harm and trust loss in service providers (from clients
falsely believing that their care assistants within Merryvale are deliberately placing them in
hazardous situations), are avoided when the service providers ensure that stair lifts and
hoists have been approved for their safety and allows the individual care needs of clients to
be upheld without any dangerous element present whilst doing so.
HASAWA and risk assessment

The Health and Safety at Work Act (1974) pays assistance in reviewing and maintaining a
safe working environment through various requirements and actions by various responsible
individuals. These actions would further cover the promotion of correct and safe movement
and handling of clients with the manager ensuring that his responsibility to assess the safety
of the residence regularly through coordinated and precise procedure. The HASAWA
entrusts the manager to use these reviews of possible hazards within the health service and
conclude whether or not the checks that are performed are effective and reduce the risk of
harm towards clients present. This would be identified from how hazards discovered during
previous risk assessments have either been entirely removed or still remain. The manager
influences the health service and can communicate with the employees to ensure that the
HASAWA is still being recognised as highly important in ensuring the health service they
operate in is safe, being able to make changes to the policies to improve safety measures
for the residence. The HASAWA continues to influence risk assessment and safe working
environment promotion through informing the manager’s obligation to educate all staff on
how to use safety equipment correctly to make care provision for clients harmless and
stress-free. The possibility of physical harm occurring from the improper use of safety
equipment is fully minimised after all service providers have been provided with training in
how to use safety equipment with the training incorporating the correct way to move, lift and
transport clients.
The HASAWA was designed to promote the equal safety of service providers, volunteers,
visitors and clients within health care services and only exaggerates a sound need for
service providers to understand how to use safety equipment in respect to its intended
function. Additionally, managerial positions must provide their workforce with the training
they need to work with clients who express an aggressive, challenging or physically or
mentally disabled nature. Understanding the varying individual needs of clients who have the
potential to harm service providers, or make their environment around them hazardous for
themselves and their peer service users, grants the staff with the experience and knowledge
they rely on to resolve a situation that may identify an individual as hostile or difficult to
negotiate their care with. Elderly clients are particularly prone to performing dangerous and
challenging activities actions due to their extreme age contributing to Alzheimer’s disease or
dementia. This clouds their judgement and makes providing treatment for clients more
difficult as clients may forget who their service providers are and believe that their health
professionals are trying to harm them. By the manager training their employees,
predicaments like this can be addressed safely to ensure a safe environment is maintained
continuously.
Alternatively, employees have the obligation to perform risk assessments set in place by the
manager and governing body of the HASAWA. This is performed through abiding by the
‘plan, do, check’ procedure in which the employees must plan how to perform the operation
correctly, check whether a task is safe or involves risk to service users and clients involved
and then do what is required to ensure that the task is fulfilled or to remove any risks
identified during the risk assessment. This is performed repeatedly daily during care
provision whilst service users use their service to have help moving in and out of their beds,
chairs or generally around the premises of the service. This thorough strategy to move and
handle clients when performing ‘plan, do, check’ minimises the chance of failure when
attempting a task as clients do not have their physical and emotional wellbeing put at risk
from the dismissal of hazardous equipment, technique or health professionals.
The HASAWA influences safe practice and care provision in terms of how the points
previously explained are of increasing importance within Merryvale Residence as it
highlights to the health professionals what is classed as safe and dangerous. The musts of
the manager and the employees ensure that safe practice is encouraged and executed in
complete accordance to the HASAWA, generating a safe environment for both clients and
service providers to coexist in. An example of this is when the manager upholds the
responsibility to hire a new cleaner from understanding that the employees could get harmed
from cleaning equipment being spilled or hazardously damaged from the employees not
understanding how to handle and store cleaning equipment, possibly resulting in the spilling
of corrosive chemicals which presents both a slipping and corrosion hazard to people
walking past. Employees must fulfil their duty of not performing any cleaning tasks that the
workers are not legally trained or obligated to do, to prevent physical injury to their clients
and wait for the manager to respond to the staffing issue by hiring a new cleaner. The
notable vulnerability of the elderly clients living at Merryvale needs a safe environment for
both clients and their carers to mobilise throughout the service which avoids physical harm
occurring from accidents or malpractice. This act should promote how safe practice is
ensured through highlighting how the points detailed, prior to this, have the purpose to
reassure clients that the care they receive daily is safe after being based on risk
assessments and safety regulations from the HASAWA. Being observed when physically
disabled clients are lifted in and out of their beds using a full-body lift, clients are informed
that they are safe from physical injury as the care workers have followed what the HASAWA
requires and have performed a risk assessment to see how the operation could fail and how
this can be dealt with. A situation like this shows how Merryvale ensures that multiple staff
members are present to reduce the risk to clients and staff members when performing tasks
and promotes safety from clients receiving a consistently safe standard of care. This benefits
clients through not having to consider too greatly the impacts to their health by accepting
their care and assistance with moving they need, decreasing the time needed to meet
individual needs and increases the client’s understanding of their care. Risk assessments
when moving clients and when in service user’s presence expresses the staff’s ability to look
for risks and eliminate them, calming clients from knowing accidental harm has been fully
minimised. Health professionals further benefit from this purpose as they can perform safe
practice which is based on guidelines provided for them and are not required to
independently use their initiative to suggest how to provide safe practice. This reduces risk
to themselves from not having to perform care operations without guidance or structure
which prevents self-inflicted physical injury, decreasing the chance of tasks being performed
dangerously.
The points proposed by the HASAWA have been not been effective to an extent in
Merryvale where the manager has not been able to risk assess the home through regular
assessments to identify if the checks are effective and where the employees have not been
able to effectively reduce risks when moving their clients. This is seen when the manager is
not able to walk around the service daily to ensure that clients are being lifted out of their
chairs and moved and out of baths and beds. Incorrect handling may have resulted in the
female dementia client’s bruising which could have been prevented from the manager
upholding risk assessments and guiding the staff on how to move clients if they are found to
be doing so. Merryvale Residence requires their clients to be washed daily to ensure their
self-esteem does not deteriorate and their hygiene remains suitable, except the manager
has not been performing daily assessments around the service to identify that the client
bathing procedure has not been effective whilst the task contends with cleaning duties. This
is expressed in how some individuals have not been granted a shower or bath for several
days at a time which has caused their skin to develop bacterial infections. This may have
been avoided from the manager realising that his/her initial decisions to let the staff cope
with the lack of a cleaner using their own skills has not been achieved so responds through
hiring agency staff or a full-time cleaner to resolve the problem. In terms of employees, they
have not been able to meet the HASAWA’s requirement to reduce risks when handling
clients as one of the residents has developed unexplained bruising on her neck. Her carers
may have reached for her neck through attempting to stop her falling as a spontaneous
reaction, performing the task independently due to lacking the additional staff required to
move a person. The client has not been protected from inexcusable physical harm from a
carer possibly not attempting to leave the task until other care workers are available.
Care Act and risk assessment

The Care Act (2014) contributes to the assessment of risks and maintenance of a safe
working environment, including safe moving and handling, in recognition to client’s
wellbeing. All health services that offer accommodation must be suitable in ensuring that
client wellbeing is met to a satisfying standard and relies on identifying the needs of service
providers. This is so that care workers have access to the training and education they need
to be able to move and handle clients in a safe manner, in turn promoting the health and
safety of service users experiencing this. The Care Act (2014) states how using specialised
equipment such as hoists and full-body lifts avoids clients falling from such tools being able
to be operated by trained staff. The Care Act then extends its influence on risk assessment
and maintaining a safe working environment whilst manually handling and moving clients in
how the legislation declares a need to uphold individual needs. It is a strong belief expressed
by the Care Act (2014) that premature intervention into an individual’s health situation sheds
light on risks associated with moving them and how these can be managed to keep them
and their service providers safe. Management of these risks allows future moving operations
to be carried out with little or no risk of injury. Secondly, the Care Act (2014) states how
handling and moving of client and equipment should be operated after the risks posed to a
service user has been fully assessed. This is to understand what the extent of a risk could
be if it does injure a service user and can be balanced with the positives of moving a client or
handling them in a situation. Finally, service users should be incorporated in care and
supported to conclude informed decisions about their care. Clients have their dignity upheld
from this in how their independence is still being valued and enabled, making them feel
equal to their service users. This means that health profession also should provide the
clients that they may have to move or handle with different perspectives from themselves
and their family members so any risks from different opinions can be used to balance risks
with benefits.
The Care Act (2014) should influence safe practice in Merryvale from informing the staff of
what clients require to ensure service users do not receive, or feel at risk, of harm or neglect.
An example of this would be when clients with poor mobility from arthritis require assistance
when walking around the service to prevent them from falling over. A care worker manages
this risk through ensuring the client is provided with a wheelchair or walking frame to support
them as they move around, or at least allow the client to hold onto the arm of the health
professional. Managing risk in this case would prevent the client from hitting their head or hip
region which are fragile, preventing pain from bone breakages. The points made about this
act are increasingly relevant to Merryvale in how later adulthood individuals must have their
wellbeing, individuals need and decisions respected to promote their equal right to good
health and independency through a legislative approach. The purpose of these being met by
upholding the Care Act’s (2014) suggestions is to highlight the ultimate responsibility of the
care workers during all instances to manage risks to promote safe practice from upholding
the act. Service providers benefit from this as they are not intellectually disadvantaged
during care through not being informed of how to structure their care, with so many clients to
cater for. Tasks are not left incomplete and are not attempted dangerously through relevant
and precise risk assessments. This tells professionals what they should do to balance the
client’s right to receive care with the risk of not completing other tasks. Service users benefit
from this act’s points from having their personal decision taken into consideration during their
care so their emotional and physical wellbeing is respected. Individuals do not feel
powerless to influence risk management and what they should be receiving through
expressing that clients are still entitled to receive their individualised care plans, despite how
it may be provided at a lower standard due to carers completing cleaning tasks also.
The above points made by the Care Act (2014) have not been entirely effective, with the only
point being fulfilled is through employees understanding their own needs to have additional
staff. Early intervention has not been achieved through the manager of Merryvale failing to
identify that the service would struggle to cope without a professional cleaner present and
unprofessionally assumed that the client’s needs would still be upheld with minimal staff
being able to attend to each service user’s care needs. In relation to cleaning risks, the
manager has allowed staff members to leave clients unattended and vulnerable to physical
injury, from service users trying to dress and clean themselves, so care workers can remove
the slipping and tripping hazards which overflowing bins present in the service. Care
assistants then rely more greatly on assistance from colleagues as their original tasks would
have either been left uncompleted or has caused a client to accidently injury themselves
from trying to care for themselves. Furthermore, the client’s involvement in their care has not
been respected through them having no voice in whether they receive adequate showers or
baths. They have not been supported to express their concerns in their care due to
employees choosing when to wash their clients when they have the spare time and
demoralised clients from believing that their opinion is worthless to their care workers. To
ensure that the Care Act promotes risk assessment in Merryvale, the manager should
involve families in the risk management process and inform health professionals of why risk
assessments are important. Explaining the Care Act to families and staff increases an
understanding of the legislation’s need for clients have risks posed to them prevented before
they can result in the harm of clients. Both care workers and family members can then
identify the risks associated with a client’s care and remember the importance of the Care
Act in preventing accidents, with individuals highlighting risks and suggesting ways of
removing risks.
Promoting health and wellbeing, including handling medication

The staff members working at Merryvale Residence can inspire their clients to make
informed decisions about their health and wellbeing through teaching them about what
health consequences can arise if a decision is made. This may be in how one of the
physically impaired clients living in the service wish to walk without their walking frame to
exercise their leg muscles more. In response to this, the care assistant or the manager
listening will allow them the dignity and right to do so if they are deemed physically stable
enough, but must inform the client about the risk of bruising or bone fracture if they were to
fall over (a service provider would be present when they attempt to walk independently, of
course). The client then considers their health and wellbeing and can decide for themselves
if they would still like to walk without their walking frame. The carers may also promote
clients to uphold a healthy lifestyle when encouraging them to make informed choices about
their health and wellbeing. This involves consuming a healthy and balanced diet consisting
of all food groups alongside regular and varied exercises. Providing clients with the correct
foods and exercise opportunities allows them to possibly have a better wellbeing in having
greater confidence in their health, but is only possible if the elderly clients choose so. Finally,
health professionals within Merryvale must educate their clients about the early symptoms of
disease and how these can be addressed. The elderly population is at increasing risk of
coronary heart disease in relation to the lack of exercise and poor control of diet when in the
care of others and can be easily exhausted because of this. The clients cannot move long
distances and the health professionals can identify this through advising the client to eat less
high fat-content foods and exercise more to ensure that no fatty deposits accumulate around
the capillaries of the heart-the cause of coronary heart disease.
Care homes such as Merryvale Residence care can encourage positive health and wellbeing
for all of their residents through making a range of exercise activities accessible for them. It
has been suggested by Dr. Meenakshy Varier that even 20 minutes of physical exercise can
stimulate an anti-inflammatory response by cells in the body, strengthening the immune
system. This is not difficult to achieve as exercise may be daily walking routines around the
grounds of the care home to promote good respiratory health and the maintenance of leg
muscles, or may be organised trips to local leisure centres when the gym and swimming
facilities may be used freely. This increases the life expectancy of individuals and increases
their wellbeing in being confident that their general health will not suddenly deteriorate in the
future due to environmental factors. Merryvale and other corresponding care homes should
also provide intellectual stimulation to promote good cognitive and problem-solving skills for
clients. Old age causes the mental capabilities of individuals to be reduced and, in some
cases, forgotten, but activities such as reading, completing crosswords and putting puzzles
together help reduce this. These require intellectual skills to be used to complete these
activities and improve elderly client’s cognition and confidence after being able to complete a
book or puzzle independently. Relating back to what clients consume whilst living in elderly
homes, care homes should promote health and wellbeing in making food as appetising,
intriguing, healthy, tasty an east to eat as possible. These all contribute to an elderly
individual enjoying what they eat in care homes and reminds them that they still have access
to new and stimulating cuisines. Variation in food improves health through encouraging the
sense of taste and having a more varied diet, whilst wellbeing is maintained from the elderly
clients enjoying events in which food is adapted and varied for them. Finally, Merryvale
Residence and other care homes can operate with local health professionals, such as G.P.s
and pharmacists, to provide the care assistants within the care homes with the tools and
equipment they need to improve pain managements for clients living there. This may also be
knowledge that the service providers need to possess to implement effective pain
management through the correct handling of medicines, but even pharmacists providing
medication and leaflets improves wellbeing and health for residents. Pain control medication
such as mandanol (paracetamol) and morphine can be allocated to the correct clients who
need them and isn’t wasted through incorrect distribution. The elderly service users will
become aware of this and be healthy in having their condition’s symptoms treated for and
their wellbeing being upheld in feeling pleased that their service has made efforts to
communicate with other professionals to improve their quality of life.
It is important for care providers like Merryvale Resident to handle medication safely as the
handling and organisation of drugs should always be undertaken by a health professional
qualified to do so. Service providers without the basic training on how to handle medication
may accidently damage vital medication or deliver it to the incorrect client and jeopardise
their physical health. The service user may feel almost betrayed by their health professional
when they discover that they have been administered the incorrect medication for their
client, damaging their wellbeing as a consequence. Service providers such as Merryvale
also find it useful to handle medication safely in they understand the need to respect
governing rules for this. Referring to a set of guidelines designed specifically for medicine
handling allows health professionals to prevent unprofessional errors occurring which might
spark serious difficulties to health to the extent that the situation ends fatally for the client.
Following these rules guarantees that the safety of clients is maintained and protects their
physical health, whilst the wellbeing of clients is promoted in how they can feel safe in their
health professionals are remaining within their legal and professional boundaries.
Service providers like Merryvale Residence must follow a fixed set of rules around
medication administration and follow them as they specify them to do so. The first rule that is
stated to be questioned is how of are being prescribed; repeat prescription or is an over-the-
counter drug. A newly recommended form of medication must be acknowledged in how the
effects on health and wellbeing may not be known if the intended user has not used the
drugs before, so care assistants and trained medication handlers should be present when
the individuals has the drug administered. Repeat medication must be followed precisely in
how some drugs, if the forms of medication have been used prior to a situation, may
highlight the importance of the medication being used for a client. This allows the service to
conclude whether the client’s medication can be changed to a different medicine to improve
their health as their symptoms will be minimised. Wellbeing then improves in how clients are
pleased that the service providers are using their knowledge to improve their client’s health,
making them contempt with their care. Medication needs to be identified as over-the-counter
so services can know if the medication that individual needs is easy to obtain, promoting
positive health and wellbeing.
Furthermore, the drug needs to be understood in terms of administration. The incorrect
method could result in no symptoms being reduced or a negative side effect being observed,
threatening the health of the user. Performing drug administration can be especially
confusing considering there is such an extensive variety of administration methods. Varying
between different situations, these could be administered orally, through injection, by drip or
by suppository. The guidelines stating how these different methods are performed must be
followed to ensure that the client doesn’t receive harm from the incorrect equipment (such as
needles and drip tubing). A client may feel victimised if their health professional does not
have the appropriate knowledge on how and when to administer the correct medication for
them, making them fearful of their service provider’s activities.
Record completion is another task that needs to be addressed by health professionals.
Tracking when a client has and should take medication is vital to understanding their
conditions, with care workers having to choose whether to use measurements, timings and
doses over a period. This is necessary as the doses given to an individual could either be
not enough to improve their condition, the correct dosage or an overdose. Negative
reactions can arise in the case of incorrect dosage, with elderly individuals in Merryvale
being especially vulnerable in how their ability to withstand incorrect dosage is low. They
could fall into a coma or even die because of the care failing. Measurements and timings
allows a service provider to have a more accurate, fact-based understanding of their care
with records holding the correct information for future reference and tracking.
Finally, health professionals must respect the governing rule of how medication for clients is
stored. Medication that might expire quickly can be placed in a refrigerated environment to
extend their use-by date and decrease the amount of medication being wasted, with insulin
for diabetics being an example here medication is cooled. A dry place for medication might
also be suitable for tablet-based treatment, such as ibuprofen for pain relief. Incorrect
temperatures might affect the chemical constituents of medicines and thus alter their
function, causing an undesired reaction from the client in either the drug not being fully
effective or not working at all.
HASAWA and promoting health and wellbeing

The Health and Safety at Work Act (1974) promotes health and wellbeing, along with
medication handling, through declaring how it is the employee’s profound responsibility to
maintain their own health and wellbeing. Health professionals who are not in a sound mental
state or who have physical difficulties due to injury can lead to the incorrect medication being
measured or managed for different clients. Poor wellbeing from being depressed may cause
a lack of concentration when handling medication with the service provider failing to safely
administer drugs. Not only is the client safeguarded from harm in care workers ensuring they
have a positive mental and physical condition, but also the health professional in how
medicine administration methods are followed correctly. If equipment is not used
ineffectively, expressing the HASAWA as beneficial to the prevention of hazards in health
services. The legislation further influences health, wellbeing and medication handling in how
it emphasises a need for all staff to be trained when handling medication and to avoid
infection. Needles are an infamous source of infection when cross-contamination occurs
from a client’s medical needles accidently piercing the skin of a health professional,
increasing the chance of influenza or scarlet fever being contracted. Considering that “one in
six children in paediatric intensive care units developed hospital infections whilst being
treated,” this is a risk that cannot be ignored. The possibility of this occurring is affected
through the education that service providers handling medication receive, being informed
about how needles should be disposed in a sharps box instead of being left in a general
waste bin. The HASAWA continues to promote the freedom of clients when creating and
implementing care plans. Care plans meet their individual needs in relation to how they
evaluate their risks with promoting them, allowing clients to feel permitted to know what
could harm them whilst providing care. Medication and health and wellbeing promotion is
improved in how clients have more in control during their treatment and can influence their
care provision more greatly. Personal interests are respected whilst physical health is being
safeguarded through health professionals being able to give advice around their wishes.
The HASAWA influences safe practice in Merryvale through identifying how the care workers
need to be completely responsible for upholding their duties of care through following the
training they have received, taking care of their clients and ensuring they abide by care
plans. This could be observed through the staff identifying that failure to promote health and
wellbeing is their responsibility, with staff members ensuring that their immediate duty to help
clients move around the surface safely is upheld before cleaning duties are performed. This
is positive in how workers can reassure themselves and colleagues that their clients’ health
and wellbeing will not be jeopardised from individuals being in the way of cleaning activities
after workers prevent clients from going to areas where litter poses a tripping hazard. The
relevancy of the points made by the HASAWA is generally high due to how care plans
should be easier to achieve if care assistants fully uphold their duties. The purpose of the
points previously stated in Merryvale is to improve the problematic situation revolving around
care assistants not upholding their duties to properly care for their clients and correctly use
training to provide effective care. An example of this would be when the care assistants in
Merryvale consistently attempt to uphold the client’s need to be helped with getting dressed
and washed regularly to ensure that residents do not place their own health and wellbeing at
risk of harm. Workers would ensure that they always follow their induction training to ensure
that the client understands that their care is still being upheld through a procedurally correct
method, preventing clients from feeling that they are at risk of falling over or straining
muscles when trying to care for themselves. Instead, workers stay with their clients
throughout the entire dressing and bathing process to ensure help is provided where
needed. The HASAWA reminds the care assistants that, despite how the workers are being
placed under immense pressure from additional tasks, the care workers must do all they
professionally can to ensure that care standards do not drop as clients will experience
physical harm from their care plans not being upheld through safe practice not being used to
care for them.
The requirements of the HASAWA have been ineffective from the employees failing to
uphold their responsibility after the manager provided them with excessive duties outside of
their professional line of work. Stress from the additional cleaning the staff must perform is
placing them under a considerable amount of pressure to uphold their own health, becoming
intellectually and physically exhausted through consistently having to rush and alternative
between different tasks. Service users are then impacted through receiving low quality care
from tasks being left incomplete which causes the health of clients to deteriorate, alongside
the clients feeling insignificant from believing their carers do not value their wellbeing enough
to uphold their care plans. This is observed in how the care assistants must leave their
clients without baths for days from having to clean the overflowing bins and hazardous
surfaces around the service. Freedom is further not met for clients by employees as they
have chosen to not follow client’s care plans by irregularly attending to their needs, causing
inconsistent care to diminish the confidence that clients have in Merryvale. Service users are
made aware that their care workers are not acting in respect to the HASAWA and feel
unvalued through their individualised care approaches being disregarded. Subsequently,
service users are impacted negatively through becoming fearful that their care workers do
not care for the health and wellbeing of their clients through promoting their freedom of
choice, beginning to not trust workers and reject care from anxieties around being more
easily harmed. Clients will further reject any attempts made by care assistants to help them
to perform tasks as clients will believe that their independence will only be reduced by staff
who express little concern for promoting it. In terms of service providers, confidence in
providing effective care when promoting health and wellbeing will reduce after recognising
their incompetency to uphold care plans. Workers will be less confident in performing care
tasks after consistently questioning their professional abilities and will seek out help from
colleagues more often. This reduces the intellectual health of staff and reduces their
effectiveness in promoting health and wellbeing in Merryvale to uphold the HASAWA’s
requirements.
Care Act and promoting health and wellbeing

The Care Act (2014) promotes handling medication, health and wellbeing through supporting
a clear focus in care. Organising support for clients to promote their health and wellbeing is
instantly stated by the legislation, making the use of the act easy to understand and simple
to follow. Support in the form of health professionals trained to manage medication and
specialised resources upholds the individual needs of clients and their conditions and
doesn’t make them feel discriminated due to their situation. The Care Act (2014) further
explains how wellbeing is a centrifugal focus of the act and conveys the concerns of its
governing bodies about the physical, intellectual and emotional needs of service users.
Individuals who believe that their needs and concerns are not being acknowledged will feel
unaccepted in their service and can leave them to being permanently uncomfortable in that
environment. Treatment might be rejected due to feeling that very little thought has been
used when deciding it, so the Care Act (2014) informs service providers about the risks of
not upholding client wellbeing. For example, an elderly client staying in hospital might
struggle to understand medical terminology and jargon and becomes stressed when it is
used when communicating with her doctors and nurses. They have requested that this
doesn’t occur, yet the professionals do not note the severity of the request which causes the
client to feel that their wellbeing has not been fully regarded in this instance. This continues
appropriately to how the Care Act (2014) produced the legal framework needed to achieve
wellbeing on the foundations of listening to what opinions and worries that their clients
possess, to make an informed decision. Key skills such as being able to remember what
your clients have requested of you and maintaining eye contact during conversation
reassures them that their opinions matter and responded to accordingly. A greater
understanding of individuals’ needs prevents parts of care plans not being fulfilled and
causes clients to be happy and approving of care which is proposed for them, promoting
health and wellbeing by clients knowing that their carers know how to meet their individual
needs and be able to experience physical health benefits.
Additionally, the Care Act (2014) should influence safe practice in Merryvale through
exaggerating how wellbeing is substantial when ensuring health is protected from
malpractice or harm, enticing service users to always acknowledge what service users must
say about the care they receive. In relation to this, all the points are relevant in how they
state positive wellbeing and health as the fundamental goal of correct practice, such as that
seen in the handling of dementia and respiratory medication the clients may take. Clients will
only feel pleased and reassured if their care is incorporating the correct actions their health
professionals are upholding. The purpose of what the Care Act (2014) has proposed is to
ensure that clients are always come first in Merryvale and their care is not abandoned due to
the health professionals believing they have right to leave clients because the tasks are too
overwhelming. The care staff in the service can understand that they are not professionally
or morally inclined to leave clients on their own, requiring their health professionals to remain
dedicated throughout the process of trying to find a new cleaner so residents do not feel
vulnerable to poor attitudes to safe practice. This relates to health and wellbeing in how the
residents require their carers to make them feel safe in Merryvale whilst their physical health
is being upheld from health workers using a positive attitude to provide high-standard care,
preventing the chance of accidental harm. Service users benefit from their carers not
deserting their duties as they can still have their physical risks posed to them eliminated.
Care assistants remaining strict to their duties means that the residents can have help
moving around the service and will not trip due to their poor eye sight and mobility being
assisted by guiding individuals around Merryvale, feeling valued from the staff not wanting
their clients to be harmed or distressed.
The above requirements of the Care Act (2014) have not been effectively met when
promoting health and wellbeing and is first seen in how the service fails to place clients at
the centre of care and has jeopardised their wellbeing and health at risk therefore. Instead of
placing the clients at the centre of care, the care workers have chosen to leave their clients
on their own to care for themselves, being most notable when clients are left to bathe
themselves whilst in bed whilst their care givers complete cleaning tasks. Not only does this
place the clients from straining their muscles or possibly falling out of bed when trying to
clean themselves, further causing client to harm themselves from pain when moving arthritic
joints. The manager has not acknowledged the true danger towards client’s health by not
attempting to hire extra support in the form agency workers being hired, showing little care
for the safety of clients by not attempting to help the staff. Clients’ voice and opinions have
further failed to be respected from the same-sex couple being denied their right to share the
same bedroom, not following the act’s frame work put in place for health professionals to
follow. This causes the couple’s wellbeing to be impacted negatively after their feelings were
belittled and disregarded, making the clients feel worthless. The couple may now express
severe discomfort and sadness not being in each other’s presence, especially with the more
intellectually abled partner being distressed as she will not be present to provide additional
care and support for her partner who has dementia. Service providers may be impacted
through feeling increasingly worried that their client’s health and wellbeing will deteriorate
further than it already has whilst fearing that clients will become increasingly agitated about
the poor standard of care provision that they are receiving. Subsequently, the manager
should promote health and wellbeing for the couple, and the rest of the residents, through
hiring full-time staff as soon as possible to ensure that they can develop their understanding
of their clients’ needs and why the residents have these needs. Agency staff may feel that
they are put under pressure or unauthorised to acknowledge personal requests and yet not
inform the manager about it after being under pressure to perform tasks in a timely fashion.
Full-time staff can address problems more effectively through receiving more support from
an increased number of staff, allowing the couple’s needs to make them feel respected in
their need for them to share the same bedroom quickly.
Providing confidence and reassurance for families and other

cares
Within Merryvale Residence, it is necessary that confidence and reassurance is granted by
the families and other health professionals to meet their high prospects from the service.
Client’s close relations and regular carers expect that all the service providers operating in
the residency provide a standard of care that is good quality and upheld on a consistent
basis. Ensuring that this happens denies complaints being submitted to the service or
directly to the local council which could encourage an investigation to be conducted into the
Merryvale’s practices. A constant standard of good care also prevents the health and safety
of clients not being jeopardised, conveying to colleagues and client’s families that persistent
care is of utmost importance. Client’s families must also be assured that the care that their
family member invests in reflects the price the service requests of them. The same-sex
clients being denied their right to share a bedroom would not be upholding this in how their
carers denied them of their individual right to. Despite this occurrence possibly being an
irregular event in comparison to the otherwise fantastic care the couple receives, this would
have to be addressed swiftly to support their sexual equality using experienced service
providers who have encountered such a situation before.
Families may hold reservations about the clients being wrongly denied as their wellbeing
and continue to be pleased with the care that their family member is receiving. Finally, it is
significant that Merryvale Residence reminds families that their family member is ‘in the best
place’ available in the area to support their particular needs. It can be assumed that it is a
constant worry that families share that their client may not be receiving carer that wholly
benefits them and their specific conditions which requires the care assistants to ‘do
everything they can’ to ensure that these queries are put to rest. With that in mind, it would
be highly unprofessional for the care workers to explain to families that ‘everything is going
to be alright’ in relation to a client’s health. Elderly individuals take longer to recover from
incidences that they may have experienced before living at the service, so the health
professionals must reassure their families that all available resources, time and staff
members will be employed to care for the client’s needs with the exception that they cannot
cure their conditions. Conclusively, health professionals should always aspire to maintain a
professional standard to ensure that their fellow workers and clients have faith in their
competence.
Moreover, the service providers in Merryvale Residence can achieve professionalism by first
ensuring that frustration is always contained. Controlling temper is especially important
whilst working with the elderly as they express the same dependency on young adults that
children rely on. Clients who may possess dementia may periodically try to leave the service
on their own as they have no memory of who they are, who their care workers are and why
they have been put in the service. They may exploit physical force and aggressive language
to get out if the service which threatens the health and safety of the health professionals
trying to handle them, yet the service providers should remain resilient as losing their temper
with clients will intimidate them and make them feel vulnerable. Their families will then be
informed of this by the client explaining to them how they were responded to in a calm and
fair fashion. The health professionals should also provide confidence for families and
relatives by sustaining a polite and thoughtful acknowledgment to them. The interests that
families hold towards the care that their family members are receiving must be respected as
it is vital that health professionals remind their client’s families that the care that they provide
for their family members will reflect their wishes. Merryvale staff members must also have
complete control over the emotions they express and learn how to stay calm despite these
emotions being present. Emotional association to a client’s situation may raise suspicions in
families and colleagues as the families may believe that the health professional is putting the
client’s physical care and emotional wellbeing at risk. Disclosing upset or anger towards a
client or a family suggests to families, other care assistants and the manager that a service
provider is unfit to care for the elderly as they are emotionally vulnerable themselves, leading
to incorrect communication of ideas and wishes whilst speaking with clients and family
members. If a care worker was to disclose to a client’s family that they have become highly
distressed and upset from seeing their client’s health deteriorate not only informs the family
that this health professional is not emotionally stable to provide adequate care for their family
member, but that Merryvale is hiring staff that are also unsuitable for care provision. Also,
the care workers in Merryvale should ensure that they are up to date on training and
healthcare education to promote the highest quality care provision the clients can receive.
New techniques allow clients’ health to reflect the effectiveness of revolutionary care
procedures and approaches which only emphasises how the staff must participate in staff
development days. The health of service users improves from their carers being able to
meet their individual needs to a greater standard whilst the health professionals themselves
benefit from the improve knowledge when following new policies and procedures. Lastly, the
employees are required to never make premature assumptions or jump to uninformed
conclusions before fully understanding a situation. The elderly residents may become
distressed if their carers make sudden assumptions about their views and opinions in how
they are made to feel as if their right to have a voice within their care has been taken away,
lowering self-concept and confidence in being influential in their care plan. Care assistants
that listen to and observe their patients patiently allows them to gather as much information
about their situations and condition, continuing from there with the service provider
responding appropriately to the client’s needs.
HASAWA and providing confidence and reassurance

The Health and Safety at Work Act (1974) provides confidence and reassurance for families
and other carers through how the act protects employers, staff members and family
members. The HASAWA then continues to provide confidence through individual risk
assessments to highlight risks, ensuring staff members are using equipment safely and fully
meets needs by avoiding risks. This shows that employees can use their initiatives when
providing care, reassuring families that their family member’s health professionals that care
is still being provided, despite problems arising whilst caring for clients. An example of this
would be when the staff members perform a risk assessment before moving a client using a
full-body lift by recording how the equipment could affect the client’s back and neck through
the hoist being slightly bent, reassuring the client’s family that the staff fully understand the
efficiency of the equipment. Meeting individual needs of clients improves the life quality of
service users being treated which allows family members and other health professionals that
the standard of care will remain at a consistent level. The HASAWA further promotes
confidence and reassurance for families and work colleagues by ensuring that families are
always involved in care progress for a client. An example of this would be ensuring that
when an individual has to receive treatment for their bowel cancer, updating the client’s
family about the proposed plans to perform a surgery to remove the tumour from his bowel
alongside chemotherapy. This shows families and colleagues that the hospital staff have
been regularly monitoring the health of the client to make the correct decision to perform
surgery, further expressing competency to suggest the correct treatment. All involved
individuals are encouraged to work together in the best interest of the service user and
promotes a holistic, complete care approach. Effective communication of needs is shared
between families, health professionals and clients so all individuals possess a strong
understanding of how the HASAWA influences the care that service users receive.
Ultimately, individual needs are better met by more people accurately being able to care for
different clients. Finally, the HASAWA emphasises a need for service providers to discuss
the positive and negative outcomes of decisions that involve risks to make informed
decisions. Care workers can improve their understanding of what is best for different clients
which empowers service providers with the ability to choose the most suitable care
approaches to benefit health professionals, clients and families. Risks are fully minimised
and all people involved can be pleased with the outcome.
The HASAWA should influence safe practice in Merryvale through informing the health
professionals how the act should be met whilst providing care. Presenting to families and
other carers that you are providing care that is in exact abidance to the HASAWA reassures
them that the best care possible is being achieved for clients through educated decisions
being made, continuing to engender trust from families to allow further safe practices to be
promoted. All the points previously made by the HASAWA are relevant in the setting with the
elderly clients consistently needing to socialise with their loved ones. Appropriate use of
equipment, acknowledgement to the views of family members and discussing the impacts of
decisions encourages families and peer staff to realise that any individual is safe to be in the
presence of the Merryvale staff, being reminded of how the HASAWA is vital when ensuring
that a service is not deemed unsatisfactory through to following polices and procedure.
Individuals can still access the service and promote positive emotional and social wellbeing
for the clients meeting their families repeatedly. The purpose of the points made is to ensure
that disputes do not arise between families and Merryvale from families not being reassured
that the clients will receive holistic and safe care. If this possibility is prevented, then service
providers will not become stressed from having to argue with family members who they are
not trained to argue with. They may also experience a strong sense of guilt from family
members and colleagues accusing them of a client’s harm which causes their standard of
care to decrease in focussing on their personal problems instead of meeting individual’s
needs. Service users benefit from avoiding disputes from feeling that they are to blame for
the disagreements around their wellbeing, distressing them and promote a low self-image
from believing that they are bed individuals for being at the centre of such difficulties. Health
professionals benefit from using the HASAWA as they can provide care that involves the
interests of clients, their families and other workers. Care workers can cooperate clearly with
the people they are working with after family members can clients know their views are being
used to promote sustainable care, whilst colleagues’ need for the worker to consider all
others in Merryvale is upheld.
The above points made by the HASAWA have been ineffective in reassuring families and
other staff members in how no attempt has been made to risk assess attempts to bath
individuals and to clean the residency with a low staff to client ratio. Individuals risks
assessments have not been practiced through not assessing how individuals will be
physically affected by leaving clients on their own without baths and showers for days. Staff
have not attempted to identify how the residents may hit their heads or arms whilst being left
to get themselves out of their baths or showers and have allowed physical harm to occur.
Not all individuals are working in the best interests of the clients through the family members
of the bruised dementia patient not being informed about her incident. The family cannot
listen to what their loved one must express about the ‘accident’ which the woman not share
with her carers, denying the client a fully effective response to her physical harm. Finally,
service providers have failed to discuss the decision of the manager with the superior and
colleagues in how this carries the risk of less procedures and policies being upheld. More
accidents will arise from less care workers being present to uphold the HASAWA, requiring
the staff members to consult the manager about the risks of the decision and why he/she
believes this will still benefit clients. To build confidence here, the staff members should
reassure families and workers that the manager will be confronted about the incident to
resolve Merryvale’s care failings. The manager should them empathise with the workers,
clients and family members and state how the manager is working to hire a new full-time
cleaner.
Care Act and providing confidence and reassurance

Additionally, the Care Act (2014) provides confidence and reassurance for families and other
carers by declaring how wellbeing reassures families that clients individual needs are being
upheld, independence is being promoted and that service user’s voices can be heard. Client
independency can dramatically improve their dignity which makes them feel empowered and
improves their wellbeing from clients feeling valued for their lack of dependency on others.
The Care Act further notes how family and emotional relationships should be promoted for
decisions to be made effectively by responding to all requests and concerns which can then
be met by health professionals. An ethical and moral equilibrium is maintained from how
care plans are made fair for clients whilst being informed. Client’s individual needs can be
precisely met and emphasises the importance of emotional relationships. Multi-agency
working is also deemed as necessary by the Care Act (2014) when providing confidence and
reassurance for families and other workers. Care workers, such as advocates, express
dedication to achieving the correct care of service users from the professionals using their
limited and stretched time to improve client health and wellbeing. Services making the effort
to communicate with agencies outside of their workplace requires organised arrangements

to benefit clients through encouraging them to make decisions independently thought the
use of an advocate. Families and colleagues will be able to respect the effort put into caring
for a client and are reassured that meeting individual needs is of utmost standing when using
the Care Act (2014).
The Care Act (2014) should influence safe practice in Merryvale by making the positives of
safe practice using the act greater known by the staff which encourages reassurance and
confidence from the staff knowing that continuously upholding the legislation will benefit care
practice. This would be achieved through the high relevancy of the points being upheld
through being needed for care to be provided. The purpose of these points is to remind
service users of why family members should always be involved in the care of clients and
how the Care Act (2014) enforces this to ensure that this requirement is upheld whilst
incorporating family interests. This would benefit the health professionals from being
encouraged to follow procedure advised by the legislation to provide care that is relevant for
the client’s individual’s needs. Safe practice is promoted through individuals having updates
on their care plan shared with their families so they can provide their opinion on the decision,
allowing staff members to feel that the care they are providing considers all opinions and
facts to balance needs with risks. This builds confidence for families and others as the staff
express an understanding of their clients’ right to have their family involved in their care,
reassuring individuals that the Care Act is being practiced in a lawfully correct way. Service
users benefit from this as they receive support for their needs to communicate, be
emotionally stable and to feel that they are not being isolated from their families. Health
professionals, on the other hand, benefit as all vital information is disclosed to families and
colleagues with the consent of clients, reducing the lack of understanding for care and allows
workers to provide care faster with less confusion about service user’s needs.
The points made by the Care Act (2014) have been effective only through upholding the use
of multi-agency workers before the redundancy of the full-time cleaner, with Merryvale
working with an external cleaning agency only up until the residency needed to seek out a
new cleaner (with a cleaner possibly being hired from contacting a voluntary organisation).
This is now being failed through the manager not trying to contact new cleaning companies
for a full-time cleaner to relieve the stress of cleaning duties from Merryvale’s staff. Families
have not been reassured that the service is upholding their responsibility to ensure that fully
dedicated care is upheld without service providers having to be fully focussed on cleaning
duties. Care workers have further failed to promote wellbeing through not attempting to clean
up the spilt drinks and scattered rubbish on surfaces. This causes families question whether
their family members are at risk of injuring themselves as they move around the surface and
obtain cuts and grazes from falling over discarded items. Confidence for families could be
improved by the staff explaining to families and others why the situation has occurred and
that staff are working to ensure that both care and a sanitary living environment are being
upheld.
Meeting legal and regulatory requirements, including record

keeping
It is vital that Merryvale Residence ensures accurate practice of record keeping to allow
effective care continuation to be achieved. The elderly population is especially dependant on
their carers to ensure that their care standard does not decrease so their physical health
remains stable, encouraging health professionals to have routine and structure to the care
they provide daily. Precise record keeping states what to perform and how to achieve it
when following health and safety legislation, maintaining a stable level of health for the
elderly to prevent physical harm and stress from inconsistent care. Secondly, accurate
records ensure that that health professionals in the Merryvale understand what their
colleagues have done. Care workers must be informed of their role whilst caring for varying
individuals and performing tasks in the service and can then identify what care provision and
tasks still need to be completed by service providers. By studying records stating what tasks
have been performed and what roles each worker has in the service, progress can be made
in care provision and client satisfaction through records outlining specific role allocations,
making care provision easier through little time being used to understand a role. Accurate
recording in Merryvale are also important as records need to be clear and readable. Legible
information denies critical information to client’s care plan and legislation being misinterprets,
leading to the incorrect care being provided and jeopardises the physical and emotional
health of clients. Accurate recordings encourage a greater shared understanding of client’s
individual needs to promote their safety and wellbeing, suggesting that policy is upheld more
efficiently from acting with knowledge about a care task. Finally, accurate recording is
important in Merryvale as all health services must possess regulation for record keeping.
Employees can be informed of how and when record keeping is appropriate during care
practice, with incorrect regulation following being addressed through health professionals
being sanctioned for such a failure to uphold record regulation. For example, the skin
conditions that the elderly clients have developed from being left in their beds for periods
without being washed. A care assistant who identifies this must record the case at the
nearest opportunity to promote accurate memory of the situation so the event can be
recalled with precision. Minimal to no gaps in information about the possible reason and
progress of the case will be noted to precisely inform the manager about the situation so
they understand what action needs to be taken from there.
Moreover, the Health and Safety at Work Act 1974 declares that health professionals, such
as Merryvale, possess a duty of care to maintain a safe environment and report any
accidents that could threaten others. Not only does this promote positive health and safety
for all clients and health professionals, but further emphasis to employees that knowledge
about incidents must be gathered and shared. This forms the basis of allowing service
providers to suitably respond to a situation. For instance, Merryvale employees have been
informed by the manager and legislative bodies that equipment must not be left precariously
in client’s rooms. These present a sound risk of clients tripping over or colliding with
commodes and bed lifts due to their impaired eye sights, with accidents occurring because
of such factors being addressed to the manager. The manager then warns the person of
fault for the incident and the negative reinforcement discourages such practice to be
observed again The HASAWA continues to state how services must follow rules and
regulations of the specific care setting. Systematic and guided care guarantees that stages
of care plans and provision are met to an acceptable standard, being a cause of positive
institutionalised behaviour being observed in health professionals. All staff members
promote a universal standard of care as a benefit for clients in how their individual needs are
met through regarding rules. Health and safety is promoted correctly through the personal
actions health professionals take. The HASAWA also states how service providers must
ensure that they abide by care plans and log all tasks performed. This is to ensure that a
plan that has been formally agreed on by the client and their health professionals-in the
client’s best interests-is followed to benefit physical health through correct care provision.
Recording actions undertaken by staff member then conveys to clients that their carers
understand what procedural steps need to be taken during care provision, along with how
their service providers understand their individual needs with precision. By informing service
providers of the benefits to client’s health and wellbeing. Studying care plans highlights to
care workers the reasoning behind a care plan for an individual and can respond
appropriately towards logging details stating the success of a task. The HASAWA then
identifies service providers’ duty of care to provide evidence for all care and treatments
delivered to service users. Indication for treatment or care occurring can be found through
studying log books which identify when a task was performed and where, alongside
equipment stock checks which enables the efficient tracking of apparatus. The HASAWA
details how clients and colleagues will not become suspicious any one health professional if
that individual can prove their dedication to evidence policies which protects them from
allegations of malpractice. If service providers uphold this duty, then no anomalies in a care
plan can be criticised and suggests a health professionals’ activities to be just, legitimate and
precise. Finally, the HASAWA requests that health professionals respect their duty to store
all information securely. Confidential data regarding personal health information, accidents
and treatment must be secured in a safe location to prevent any abuse or neglect being
practiced upon an individual due to their abuser acquiring their personal details. Following
procedure correctly results in a select number of health professionals being granted access
to the information when needing to provide informed care whilst maintaining confidentiality
and client’s emotional and physical wellbeing from not being harmed.
The HASAWA continues to contribute to legal and regulatory requirements through how
employers must write up health and safety policies to declare what needs to occur, when it
needs to be put into effect and how. Having something to refer to when providing care allows
precise guidance on how employers should meet legislative procedure, reducing gaps in
care provision. Managerial positions understand greater than their employees about how the
needs of their clients should be upheld through following the HASAWA, proposing the this
and other legislations in response to situations in good procedural practice. All scenarios that
are encountered by managers can share their policies with their staff and ensures that no
situations are unacknowledged and are prepared for. Employers must also keep their
policies updated with changes in client’s conditions and care plans. This ensures service
user’s specific conditions are catered for appropriately through using the correct policy,
promoting client satisfaction through promoting an equal right to receive individualised care.
One example might be where a client is wheelchair bound and accesses their local hospital,
but the hospital puts into their effect their wheelchair policy to ensure that the client is
provided with the care they need and the ability to move around the service freely. The
HASAWA also states how an individual of appointment must be nominated to be responsible
for policies. This ensures that policies are met and reviewed continuously by one person
who understands that their role is to encourage the appropriate use of procedures and
legislation. There is no confusion about who which staff which or how many staff members
possess this role and allows the manager to choose one worker to focus on policy
management, preventing policy failure. The manager and employees can then seek out the
one individual if concerns around a policy are felt and allows the problem to be addressed
swiftly. The manager also owns the duty to keep up to date and informed with alterations to
laws. Policies and procedures within in health and social care. This implies that employers in
health and social services should regularly research restrictions and allowances within care
law to ensure they are not promoting policies or procedures that are unlawful and harmful to
clients and workers. Being more informed about the correct care provision provides no
reason for legal action to be taken from clients receiving harm because of being treated
through incorrect policy or procedure. Responding to new legislation by abiding by new
procedures means that health and safety is not jeopardised from care failure. The HASAWA
does not fail to state managers should ensure they are following legislation. Any rebellious
behaviour is opposition to the legislation must be constantly investigated so this can be
removed from services and prevent poor procedure. Problematic staff members who
disagree with compulsory legislation must be penalised to prevent the behaviour and
promotes the correct legislation abidance to other service providers. Client handling, medical
handling and recording procedures are all effectively promoted. Finally, employers must
investigate all incidents that occur in their service and punish works where the HASAWA
deems it necessary. Accidents within a service suggest that there are problems with how
legal and regulatory obligations are being upheld, requiring managers to performs
assessments of these incidences to prevent future reoccurrence and harm. The HASAWA
identifies a need to discipline staff members where they have ignored or forgotten their legal
and regulatory requirements to eliminate the chance of a specific incident from arising
repeatedly which discourages other employees from doing the same as they will be informed
of the consequences if they do so. One instance where this is practiced is where a head
nurse in a hospital issues the temporary suspension of the nurses on the ward after they
incorrectly followed legal procedures on how to move one of the completely disabled clients
on the ward. The service user sustained head injuries from their head hitting the side of their
bed rail when being moved in bed for their regular bed wash which requires disciplinary
action needing to be taken to maintain the short-term health and safety of clients whilst
deciding further action against the nurse.
HASAWA and legal requirements

The HASAWA’s influences safe practice within Merryvale through how it informs the care
assistants there of what an ideal care worker is. This is done through the act stating the
points stated previously in how they promote precision, responsibility and obligation when
caring for frail elderly clients. Despite this, not all the points stated by the act are relevant
within the elderly care home in how the individual needs of the elderly do not generally
change and are all similar through how the elderly client’s physical impairments, hearing
impairments and dementia will never improve. Subsequently, no changes to policy need to
be made by the Merryvale’s manager. The purpose of the HASAWA within Merryvale
Residence is to provide a detailed understanding of how legal requirements are beneficial to
clients through having a reduced risk of receiving injuries and having their emotional stability
threatened, whilst nurses for the elderly are not put at risk of disciplinary action from failing to
meet safe practice requirements.
Overall, the points made about the HASAWA being used to meet legal requirements in
Merryvale have been entirely ineffective through failing all the points stated, with the second
point of how the manager needs to update policies with different changes in clients’ needs
being especially problematic. The manager has failed to understand how the policies he/she
has designed for the service are not to fault for the poor quality of care, but is the fault of the
manager and employees through not following them appropriately. This is primarily the fault
of the manager through not following policy to hire a new cleaner and relive the stress of
completing additional tasks on his/her staff. The manager then continues to not write up
policies on when the employees should give clients their bed washes and baths which
causes widespread role uncertainty across the service, ultimately reducing the standard of
consistent client cleanliness.
Care Act and legal requirements

The Care Act 2014 contributes to meeting legal and regulatory requirements through
highlighting the individual needs of all service uses and ensures that employees are trained
to promote health and safety, such as when moving patients around a service. The act
identifies how needs must be informed to them so they can be protected from physical harm
as they can identify what treatment goes against their individual needs. Training on how to
perform this guarantees the necessary sharing of knowledge which reassures clients that
they are safe when receiving care from qualified health professionals. The Care Act 2014 is
referred to in cases where obese individuals must be moved around hospitals to ensure they
are in the correct ward to receive the correct treatment. Nurses recognise the importance of
the legislation when avoiding client harm and abide by specific moving procedures for
overweight individuals. Regulatory and legal requirements must then be met through
meeting individual needs and intervene so that can be effectively managed. Problems
regarding client heath or care provision should be immediately responded to through
intervening in care provision to prevent any immediate or future harm towards clients. From
here, care workers can assess how care predicaments can be managed when fulfilling legal
and regulatory obligations in their role. The Care Act 2014 also acknowledges a need for all
service users to be incorporated in their own care so they can conclude their own decisions
on care provision, allowing their health professionals to be able to balance their rights with
their needs. Clients can identify where they may be at risk of injury through wishing to
receive certain care and if the benefits would truly outweigh the risks to health and safety.
Carers can then implement their client’s decisions whilst being confident that they will not be
held accountable for injury as they have granted the right to decision-making.
The Care Act 2014 should influence safe practice in Merryvale by stating the needs of
elderly clients through a legislative approach. All the points above are highly relevant to the
Merryvale Residence in how elderly clients need to be confident that their care assistants
can move them safely, the care assistants must intervene with the poor care provision by
addressing the manager about the situation and how, despite having reduced intellectual
capabilities, the elderly resident should be allowed to make their own decisions. The purpose
of the points made by the Care Act 2014 is to remind health professionals about the basic
needs of clients in later adulthood that need to be met whilst the service is struggling to
manage the number of tasks the care assistants must perform. This may not impact the
overall nature of the case, but it will at least reduce the chance of neglect occurring from
service providers staying dedicated to upholding individual needs.
The requirements stated by the Care Act 2014 are not effective from how the needs of the
lesbian couple were not attempted to be met by the staff member they asked. The point
referring to the need for the service to intervene in this case as the couple have been denied
their basic human right to share the same room, with the manager failing to intervene and
discipline the worker responsible for the poor regulatory and legal requirement practice. The
point emphasising the need for clients to have their opinions in their care encouraged from
being left in their bed half way through their bed washes without their consent, with all points
generally being failed to be met.
Recruitment of staff in health and social care, including DBS checks

When employers such as Merryvale Residence are seeking out new employees, they should
consider how the possible new staff members should have a clear understanding of the job.
Poor knowledge of their roles within the service leads to poor care being provided for clients,
yet individual needs can be upheld if hired employees can provide care quickly without
extended training beyond induction training. Managerial positions, along with clients and
colleagues, can be reassured that new employees know what they are doing. Employers
should also consider if the individuals they are reviewing can use a range of strategies to
cope with the pressures of the job. Control over emotions is key when coping with a health
service’s demands and controlling feelings conveys to employers that a new service provider
expresses dedication to not jeopardising the emotional wellbeing of clients. Strategies show
initiative from a desire to continue caring for clients effectively and are not reliant on asking
the manager for assistance. Recruits in Merryvale should employ strategies to control the
amount of rubbish being left around the service whilst caring for their clients without having
to repeatedly ask he manager in how the dilemma should be addressed. The manager is
reassured that he/she can concentrate on more significant tasks around the service knowing
that the staff they have hired are beneficial to care provision. Employers must ensure that
their recruits also possess good character and integrity through owning qualities unique to
them. This promotes individualised care and socialisation between clients and their carers
and makes people more compliant to providing care and receiving treatment. Subsequently,
recruits are more likely to follow legislation more strictly from having high morals about
performing in a lawful fashion. Enthusiasm in wanting to help others is another desirable trait
that service operators search for in new staff members. This characteristic implies that care
workers truly want to help clients and colleagues in their work environment which can easily
be reflected onto other carers, promoting the safe and correct use of legislation from the
recruit acting as a positive role model. Tasks are more likely to be completed if the workers
are eager to do them and are not just obligated to do so. Finally, employers should consider
if new employee care staff is capable of meeting needs regardless of the personal views
they possess. This may be towards clients that have conformed to atrocious crimes in the
past, but in Merryvale, an African British carer should still be able to promote the needs of
their client through putting their anger and disagreement towards their client’s views aside.
The service user holds strong racist views which are exaggerated by dementia in its most
advanced stages, yet the recruit can continue her job knowing that expressing her views
could places the client’s emotional wellbeing at risk from humiliating or upsetting them.
There 6Cs are regularly used to evaluate whether potential carers can provide effective care.
Compassion is the firs one of these values which relates to concern for other and how carers
act accordingly to benefit others. The opportunity to improve care standards and client health
is more likely to be achieved through positive acknowledgements towards others by making
them feel valued from potential carer wanting to help, resulting in their self-concept
improving. Competency is the next value which is defined as doing something correctively or
effectively. Employers will not have to repeat themselves from explaining what a recruit must
do if they are competent in their line of work with a nurse in a hospital-who has been told to
move a client to a different ward for treatment-being prime example of where this is
witnessed. Despite being new to the service, the individual is already capable of identifying
when they need assistance and gets another member of staff to help guide the bed to the
other ward. No collisions between other beds and objects do not occur as a success.
Communication is the next value which is the exchange of information between clients and
health professionals. Effective care provision is fundamentally influenced by a potential
carers’ ability to convey ideas and problems around care and promotes effective
communication policies to be practiced. Suggestions, problem and client needs can then be
shared as a benefit. Furthermore, courage is the 6C value that refers to a service provider
doing something even though it may intimidate them. Fears taking over a care worker can
lead to tasks not being completed or not even attempted and highlights a need for situations
to be controlled. A paramedic may have to explain a scenario to accident and emergency
nurses and doctors in a local hospital after escorting a client to the service using a helicopter
as transport. Despite possibly being nervous from fearing that he/she will provide incorrect
information, the care worker ensures that they are quick when informing other health
professionals and fulfils their responsibility to prevent any misunderstanding about a client
needing emergency treatment. Commitment is another factor used to see if potential care
workers can provide care through identifying if an individual can be dedicated to performing
their job. This means that they concentrate their time, knowledge and resources into caring
for clients which promotes the use of a fully effective care plan, along with encouraging a
continuous standard of safe care to keep clients safe from changing care provision. Finally,
care is the value which is a required need to maintain wellbeing, health and safety. This is
secured through how recruited staff must direct serious attention towards needs and tasks
whilst having a devotion to upholding their responsibility to do so. Employers can be assured
that potential carers know why care provision is important.
It is important to be vigilant when recruiting staff in how a DBS checks will only show who
have been recognised by the authorities. Employers must report any individuals not known
by the authorities must be reported to the local police as it is the services obligation to do so.
Clients and staff cannot be allowed to be put at risk of illegal activities. Negative behaviour
highlighted by employers can be replicated by the existing staff in a service which may be
difficult to control if the police are not informed in a timely fashion. Following procedure and
legislation to inform the police about individuals prevent unacceptable behaviour with
Merryvale performing this when the manager is informed by an employee that one of the
new care workers is steeling on site. The situation is then investigated properly to deny the
possibility that the employee that informed the manager was lying and, if the suspect is
found to be stealing, is made redundant and reported to the police service. This protects the
emotional wellbeing of clients and staff from being assured that legislation has been followed
to prevent their belongings being taken unrightfully.
Moreover, employers must report the dismissals of staff as it is the duty of employers to
shed light on individuals they have dismissed for abuse or neglect, or when care workers
leave before they could get dismissed. Not identifying these individuals will result in the
continued employment of dangerous employees and encourages them to continue abusive
activities and neglect on clients and other health professionals. It is the responsibility of
employers to ensure that harm does not spread to other individuals and prevents physical,
emotional and social harm to the wellbeing of clients, service providers and the public. In
Merryvale, the abuser of the bruised female in the same-sex couple (being identified after an
investigation) and so the manager reports the individual to the police and the local council to
promote universal prevention further physical abuse.
The Health and Safety at Work Act 1974 influences to the recruitment of new staff members
through how it declares a need for all new employees to have DBS checks during their
induction training to understand whether they are safe. Criminal records will imply that an
individual can harm service users and health professionals and can be rejected accordingly.
Induction training informs recruited staff of how to perform basic safe care revision and
cannot be taught if a DBS check has not been fulfilled. positive DBS checks allows further
development of care provision skills with clients benefitting emotionally and physically from
their carers being legally inclined to work in the service. The HASAWA also influences the
hiring of new health professionals by stating how, if services are using agency staff, should
uphold their responsibility to ensure health and safety competency. Employers must be
confident that their agency staff can promote health and safety, with the service showing
competency in how they understand that agency staff are needed to ensure individual needs
are upheld. For example, a hospital needing additional staff contact a staffing agency within
an appropriate time to receive the temporary employees they need. The hospital the shows
competency in how they know they need staff and ensure that their agency staff understand
their jobs roles within the service. Finally, the HASAWA highlights the need for all EAL
(English As second Language) staff to understand procedures instructions and training by
employers ensuring this They must be able to communicate the concerns that they may
have in relation to their clients as foreign care workers cannot be hired if they cannot
understand the HASAWA, jeopardising clients from their clients not being able to provide the
correct procedure for treatment properly. Sharing information about abuse, neglect and
accidents must be an easy process to prevent time delays in raising concerns in how delays
can increase the risk of harm. If employers ensure that EAL workers understand policies,
then communication difficulties can be eliminated.
HASAWA and recruitment of staff

Furthermore, the HASAWA should influence safe practice in Merryvale through how both the
points of DBS checks and temporary agency staff must be ensured by the manager. Both
points are relevant in how the elderly must be protected from potential abusers as they
cannot protect themselves due to reduced mobility, whilst the point regarding EAL staff is
irrelevant in how they would have not even been initially accepted into the service if they do
not understand the service’s procedures and instructions during induction training. Poor
English would not be tolerated by the manager as the elderly clients will be stressed from not
being able to understand what their care worker is telling them. The purpose of the points
made by the HASAWA is to ensure that all potential care workers possess the skills required
to provide basic and promote safe practice. Health professionals benefit in being provided
with staff that fully understand what they have been asked to in tasks whilst clients benefit
through being able to communicate their own concerns to their health professionals despite
them originally speaking a different language.
The HASAWA and its requirements have not been effective through temporary agency staff
not being hired and suggests that the manager has showed minimal competency in doing
so. DBS checks have not been stated to be performed and is expressed from the injury
sustained by the woman with neck bruises and no EAL staff are supposedly present in the
service. No agency staff have been hired in Merryvale Residence to temporarily resolve the
issue around needing to employ a new cleaner to promote health and safety correctly, rather
than care assistances having to complete cleaning tasks without the appropriate knowledge
on how to.
The Care Act and recruitment of staff

The Care Act 2014 influences the recruitment of staff through ensuring that the recruitment
process establishes whether potential care workers can fulfil the legal framework of how to
protect adults at risk of abuse or neglect, promoting their wellbeing. Stuff must be able to
follow procedure declared by their service to prevent abuse and neglect from occurring,
despite how legal framework may be complex. Being able to understand legislation and to
practice it portrays to employers that new staff can promote wellbeing through upholding
vulnerable adult’ rights and risks by following legal framework. A DBS check to identify
suitability must is also advised by the Care Act 2014 when seeking out new staff. A DBS
balances an individual’s ability to provide care and potential to harm from studying one for a
recruit, allowing employers to make informed decisions when choosing to recruit staff.
Assumptions can be made around how well needs and wellbeing will be promoted by a new
service user and allows them to have faith in the recruitments they make. Finally, all staff
should be suitably qualified to perform a job, meaning that service should introduce care
certificates for health service assistants and social care support workers, to ensure they can
provide compassionate care.
The points made by the Care Act 2014 are all relevant in Merryvale except the DBS check
that has already been stated by the Health and Safety at Work Act 1974. The purpose of
this Act in Merryvale is to ensure the chance of policy failure is minimised so ne clients are
endangered from incorrect care procedure being used. Health professionals benefit from
this in how they can receive an additional staff member to reduce the work load on them and
the stress they are experiencing. The service users’ needs are maintained as a result. All the
points made by the Care Act 2014 have been effective other than the DBS check possibly
being failed from the abused dementia woman having bruising on her neck, suggesting that
the manager had failed to perform a DBS check to see if any recruits have a negative crime
history. This is a compulsory requirement for any managerial positions to fulfil in
understanding that no potential care worker can be fully trusted until their DBS check has
been proven positive and have fulfilled their induction training which could have been
avoided due to the manager believing that it is acceptable in the absence of adequate staff.
A dangerous individual might have been accepted into the service as a result and has
resulted abusive behaviour being questioned in relation the deceivingly harmless care
worker.
Bibliography
Wighton, K. (2017). High levels of hospital-acquired infection on children's intensive care
wards. Available:
http://www3.imperial.ac.uk/newsandeventspggrp/imperialcollege/newssummary/news_13-1-
2017-21-3-34. Last accessed 16th Jan 2017.
Meenakshy, V. (2017). 20 Minutes of Moderate Exercise Boosts Immune System. Available:
http://www.medindia.net/news/healthwatch/20-minutes-of-moderate-exercise-boosts-
immune-system-166975-1.htm. Last accessed 16th Jan 2017.

SV'D Distinction Learner Work LA C

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SV'D Distinction Learner Work LA C

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SV’d Distinction Learner Work

Learning Aim C: Investigate the influence

Health and Safety at Work Act (1974)

Care Act 2014

Influence of legislation and policies on health and social care

HAWSAWA and Safeguarding

Care Act and Safeguarding

Protection from accidents, injuries and illness, including

HASAWA and protection

Care Act and protection

Managing risk assessments and maintaining a safe working

HASAWA and risk assessment

Care Act and risk assessment

Promoting health and wellbeing, including handling medication

HASAWA and promoting health and wellbeing

Care Act and promoting health and wellbeing

Providing confidence and reassurance for families and other

HASAWA and providing confidence and reassurance

Care Act and providing confidence and reassurance

to communicate with agencies outside of their workplace requires organised arrangements

Meeting legal and regulatory requirements, including record

HASAWA and legal requirements

Care Act and legal requirements

Recruitment of staff in health and social care, including DBS checks

HASAWA and recruitment of staff

The Care Act and recruitment of staff

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