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Regulatory frameworks presenting conflicting requirements

This page is designed to answer the following questions:

NOTE: Although this page has been marked as complete, it has not yet been peer-reviewed or quality-assured, therefore it should be considered a ‘first draft‘ and any information should be fact-checked independently.

There may be times when different regulatory frameworks present conflicting requirements. For this assessment criterion, you will need to analyse situations that result in such conflicts and find ways to overcome them. Some examples of conflicts are included below.

The potential for duplication of regulatory activities by local councils and national regulators

Local authorities and the Care Quality Commission (CQC) may sometimes request the same information from a service provider, thereby burdening the provider with unnecessary work. The Local Government Association (LGA) and CQC have recognised that duplication may occur and developed a memorandum of understanding to support them to work more closely together and avoid duplication, where possible.

Lack of coordination of information by the regulator and local care commissioners

Similarly, the NHS and CQC have sought to reduce this by working in partnership together and sharing information.

These issues highlight the importance of effective partnership working between agencies, which includes having shared goals and values, documented channels of communication and information sharing policies and protocols that respect confidentiality and data protection regulations.

Health and safety responsibilities versus person-centred planning

Employers have the responsibility to protect staff, service users and others from avoidable harm under the Health and Safety at Work Act 1974. However, they also have a responsibility to provide person-centred care that is in line with an individual’s needs, wishes and preferences. This may present a conflict if a service user wishes to participate in an activity that has associated risks.

The risk assessment process can be used to identify the potential risks and weigh them against the potential benefits to the service user. It can also be used to reduce or eliminate the risks by putting control measures in place.

Safeguarding

Decisions relating to safeguarding will often involve a number of different agencies and individuals that have different ideas about the actions that should be taken, which may lead to conflict. Therefore, it is essential that these groups are able to work in partnership to achieve their shared goal, which is to get the best outcome for the individual. This will involve strong communication skills (including negotiation and compromise) as well as shared values and cooperation.