Duty of Care Essay

Explain what it means to have a duty of care in your own work role (1. 1) Duty of care means:- • To keep individuals safe • To keep individuals free from harm • To give choice Duty of care is a key concept in working with other human beings. It is a legal term for safeguarding yourself and others. Adults with learning difficulties are often vulnerable as they are yet to develop the physical and cognitive capacity to fully care for themselves; they need care and protection from people around them. Health and social care organisations have what is called a duty of care towards the people they look after.

That means that they must do everything they can to keep the people in their care safe from harm. ‘Duty of care’ means a requirement to exercise a ‘reasonable’ degree of attention and caution to avoid negligence which would lead to harm to other people. Working with adults with learning difficulties brings a significant duty of care and we need to recognise that the more vulnerable the person the greater the duty of care. Your vigilance and attention keeps adults with learning difficulties safe. 2) Explain how Duty of care contributes to the safeguarding or protection of individuals (1. 2)

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Duty of care is to keep adults with learning difficulties, children and young people safe and to protect them from sexual, physical and emotional harm. Everyone has the right to be safe and to be treated with respect and dignity. We as carers must take reasonable steps to ensure the safety and wellbeing of the people we care for. Failure to do this could be regarded as professional neglect. Always act and be seen to act in the persons best interests. Duty of care safeguarding protects adults with learning difficulties by the setting having done risk assessments and precautions taken to avoid accidents or the spreading of infections.

Following the correct procedures if you have any concerns which could result in the person you are caring for being harmed or upset. Assessments and observations can alert you to any problems that may need addressing and the discussions with parents and other professionals. 3+4) Describe potential conflicts or dilemmas that may arise between the Duty of care and an individual’s rights. (2. 1) Describe how to manage risks associated with conflicts or dilemmas between an individual rights and the duty of care. (2. 2) A conflict of duty of care and a person’s rights could be if a resident refuses to take their medication.

In this situation I would explain to them the importance of taking their medication and any side effects/ dangers that may happen as a result of not taking their medication. I would also try to find out why they don’t want to take it, it maybe that the medication makes them feel ill, therefore I would ensure they revisit the doctor to discuss any alternative medication. If they continued to refuse to take their medication I would make sure I document this and the conversation had between myself and the resident, I would then ensure it is handed over to the next shift.

Another example of conflicts between duty of care and a person’s rights could be if a resident wants to go out on their own when their support plan states they must be accompanied at all times in this scenario I would try to invite myself along by saying that I wished to go to the same place, I may even suggest we did something nice together like have lunch or a hot drink together. If they continued insisting on going on their own I would explain the dangers of why they wouldn’t be safe to do this.

If this didn’t work I would then inform my manager and directors for further advice, and document everything that has happened as well as making sure it was handed over to the next shift. In situations where a resident put themselves or other in harm you can apply for a deprivation of liberty order. 5) Explain where to get additional support and advice about conflicts and dilemmas. (2. 3) The Adult Protection Team for your area or funding authority (for service users from out of area) Care Quality Commission – this organisation regulates health and social care (also monitors the welfare of patients detained under the Mental Health Act. Both organisations also provide advice and guidance (directly or via signposting) in cases where only clarification is needed, as opposed to only dealing with incidents that need reporting. 6) Describe how to respond to complaints (3. 1) If I could deal with the complaint myself I would do this with professionalism and I would follow The Broad Groups policy, I would also ensure I documented the concerns and informed my manager of the complaint and how it was dealt with. ) Explain the main points of agreed procedures for handling complaints (3. 2) There are 6 steps to our policy 1. Dealing with complaints informally This states that should anyone feel dissatisfied with any aspect of the home it should be first raised with a responsible member of staff. It maybe that they can deal with the complaint straight away, if the concern is due to the behaviour of a member of staff then a senior member of staff should be informed. 2.

Making a formal complaint If the outcome of the complaint is seen as unsatisfactory then the complaint should be taken to the manager of the home. The manager will then interview the complainant and set down details in writing. 3. Recording and investigating a complaint Written records of the complaint will be given to the complainant also details of local authorities should they wish to take the matter further will be given, also a time scale for the investigation will be given.

The investigation will be completed within 28 days unless there are exceptional circumstances. A written report will be given to the complainant. 4. Action following an investigation into a complaint The person investigating the complaint will put in to action any actions that need to be taken in response to their findings. An apology will be given or arranged if appropriate. The complainant will be asked to sign a copy of the report and actions taken. Hopefully this will be the end of the matter. 5. Complainants who are not satisfied

If the above is seen as inadequate the Complainant can take the matter to the directors of the company. The directors will then investigate and will aim to resolve the problem. In the event of the problem being unsatisfactorily resolved the issue may be serious enough to involve local authorities. 6. The final step Is to get in contact with the local commissioner for administration. All staff are given training on how to deal with complaints. Training will be dependent on their level of responsibility within the organisation.

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