1.2 Changes in recent legislation in the UK
You’ll now learn about changes in legislation for Wales, Scotland and Northern Ireland.
Wales
Recent legislation before the Senedd which impacts on social care professionals includes the Health and Social Care (Quality and Engagement) (Wales) Act 2020.
It is important to note the provisions of the Welsh Language Act 1993, which gives the Welsh and English languages equal status in public life in Wales. The Act requires specified public bodies providing services to the public in Wales to prepare a Welsh Language Scheme, setting out how it provides services in Welsh; this includes social care services across Wales.
This was strengthened in the Welsh Language Measures 2011, and by the Social Services and Well-being (Wales) Act 2014, which requires local authorities to provide services bilingually. This Act requires Welsh language services to be built into planning and delivery and to be offered to Welsh speakers without them having to request it.
The Welsh Language Strategic Framework strengthens Welsh language services within health, social services and social care, recognising that ‘many people can only communicate and participate effectively in their care as equal partners through the medium of Welsh’ (Welsh Government, 2016, p. 6).
Scotland
The Scottish Parliament can pass laws on education and training, health and social services, housing, justice and policing and local government. Health and social services legislation is critically important for social care professionals. Housing legislation can also be key in addressing the needs of service users and carers.
Northern Ireland
Recent legislation to affect the work of social care professionals includes the Domestic Abuse and Civil Proceedings Act 2021, the Health and Social Care Act (Northern Ireland) 2022, and the Adoption and Children Act (Northern Ireland) 2022. It is important to note that Section 75 of the Northern Ireland Act 1998 requires local authorities to have ‘due regard to the need to promote equality of opportunity “between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation”’. It also places a duty on local authorities to have ‘regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group’.
The fact that there are variations across the UK in terms of policy and legislation and the regulatory framework does not mean that there are fundamental differences of approach to how social care professionals should engage with service users and their carers. There are often similarities in approach to the provision of social care services across the UK, with developments in one nation having an influence on policy and practice in another.
It is important to note that, alongside the requirement on social care professionals to act within the law, there are other sources of advice to assist them in practice and decision-making. Social workers and care workers need to have regard to the advice and guidance issued by the respective governments and professional bodies across the four nations. Such guidance complements the law and is concerned with promoting best practice, and this is often quite detailed