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Health and Social Care Act 2008

Everyone has a right to live safely and freely from the danger of abuse, harm, or neglect. Abuse or neglect can occur anywhere and at any time in homes, public places, hospitals, or daycare centers. 

Safeguarding means living in safety free from abuse or negligence. Local establishments have responsibilities under the regulation towards people who are facing abuse or negligence. There are numerous health and social care processes and procedures to ensure that the treatment and care are delivered to a high quality to those in need when the situation may become worse. 

Several laws are made by the government to protect the safety and health of vulnerable individuals and so, this blog post will explain in detail what these are and how they help in creating a safe place for those in need.

General Hazards & Statistics 

The care system helps older or disabled people with daily tasks. Safeguarding adults is the statutory duty for councils with Adult Social Responsibilities under the Care Act 2014. Recent findings from Adult Safeguarding Collection (SAC) have shown that there were an estimated 498,260 safeguarding concerns raised during the years 2020 to 2021. It increases 5% from the previous years.

This puts a huge duty on responsible persons to take account of this hazard and implement whatever steps necessary to identify, control, and mitigate the risk of abuse and negligence in their work environment and social care centers.

Health & Social Care Act 2008

The Health and Social Care Act 2008 (Regulations 2014) deal with the fit and suitable person test and the duty of candour which came into power in November 2014 and with vital standards which came into action in April 2015.

It received regal agreement on July 21, 2008, and established a Care Quality Commission (CQC), as a new independent regulator, which would span both health and social care.  

On April 1, 2009, CQC legally took on functions of three administrations eliminated by the Act:

  • The Commission for Healthcare Audit & Inspection (Healthcare Commission)
  • The Commission for Social Care Inspection (CSCI)
  • The Mental Health Act Commission (MHAC)

The Regulations

The Health and Social Care Act 2008 puts a duty on NHS providers not to appoint a person or allow a person to be an executive director under given circumstances:

Requirements for Fit & Appropriate Persons

  • Of good character
  • Have the necessary skills & expertise 
  • Able to undertake the work they are hired for

The CQC’s definition of good character is not the unbiassed test of having no illegal opinions but rather resets upon a decision as to whether the individual’s character is such that they can be trusted to do the right thing under all situations.

To meet the requirements of the Health and Social Care Act 2008, providers must have a zero-tolerance approach to abuse. This includes:

  • Neglect
  • Subjecting people to degrading treatment 
  • Unnecessary restrain 
  • Deprivation of liberty 

The Role of Care Quality Commission (CQC)

The regulations give the Care Quality Commission powers to examine whether both managerial and non-executive directors are appropriate to undertake their responsibilities and whether providers have put in place suitable measures to ensure managers are the right persons.

What are the Procedures in Health and Social Care?

Procedures and policies in health and social care are written step-by-step instructions for how a specific activity is undertaken. They will guide staff members through each step. 

Policies and procedures in health and social care are important to prevent the people you give care to and support. This will ensure that the organization is on the right side of laws and regulations to prevent the health and safety of everyone.

How do Providers Hand Procedures & Policies Burden in Their Work Environment?

Policies and procedures in health and social care require a lot of time and know-how to produce. These concepts seem to be complicated for new care providers or staff members in the industry. Adequate resources help understand it better. 

Most of the providers outsource the work and hire professional consultants to get the work done for them easily. This makes the work easier for them without any hassle as well as helps them meet legal ramifications. Another effective way to do so is by providing health and safety training to those in need so that the risk is minimized.


There are numerous cases of neglect and abuse seen almost every day in workplaces or various organizations. These safeguarding concerns require immediate attention by the caregivers to ensure they are meeting legal compliance to meet the law and prevent their safety.

This blog explains in detail the Health and Social Care Act 2008, what are the roles, duties, and requirements of responsible persons in this regard. 

It will help understand better what the law requires from caregivers in various sectors including healthcare, daycares, hospitals, or any workplace.