What having a duty of care means for a Care Giving Organisation. Aiii: Trained to their Organisations Standards. Ensuring employee’s understand CQC and the definition Duty of Care. Legally, employers must abide by relevant health and safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.
Explain what it means to have a Duty of Care in your Own Work Role. In my work role what it means to have duty of care underpins everything that I do, it underlies the codes of practice and this should be built into my practice on a day-to-day level. This is also a legal requirement and would be tested in court in the event of negligence or malpractice. 3. Describe potential Conflicts or Dilemmas that may arise between the Duty of Care and an Individual’s Rights.
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society in tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others Content 1 Understand the meaning of duty of care Concept of ‘duty of care’: legal obligation; duty of care towards children and adults using services, colleagues and own self; requirement to work in best interest of child or adult using the service; care practice which is not detrimental to the health wellbeing and safety of the child or adult; carrying out care practice only within own level of competence, role and responsibility How the duty of care affects own work role: carrying out duties only for which you are competent and in own job description and declining care work which is not; being accountable for own decisions and actions; following standard procedures in all aspects of work including use of resources and equipment; providing standards of care in line with principle and codes of practice of setting/service; need to observe confidentiality; need to be observant; importance of induction and regular updating of knowledge and skills; duty to report concerns (whistleblowing) 2 Be aware of dilemmas that may arise about duty of care and the support available for addressing them Dilemmas that may arise between the duty of care and an individual’s rights: balance between health and safety and an individual’s human rights and freedoms; concept of ‘mental capacity’; rights of children to make choices about own care; tensions between individual choice and keeping safe from harm; conflict between confidentiality and need to share information in the interest of the individual or public safety
QCF Work Unit 4 Define the term duty of care: The term duty of care can be defined as the legal obligation to safeguard others from harm while they are in your care or using your services. To always act in the best interest of individuals and others, to not act in a way that results in harm and to act within your competence and not take on anything you do not believe you can safely do. Describe how duty of care affects own work role: You have a duty of care to protect my customers from harm, to safeguard confidential information, to pass on any concerns or information that concerns you to the relevant safeguarding body and to provide a high standard of care to all. Describe dilemmas that may arise between the duty of care and an individuals rights; A customer may disclose some private information to you that concerns you. E.G.
3.1 Explain why it is important that individuals know how to make a complaint Individuals should have the right to voice their opinions and their concerns if they feel they're unhappy with the service or duty of care they have received. 3.2 Explain the main points of agreed procedures for handling complaints * Offering assistance. *
I must make sure I have access to available resources and equipment that will assist me in my role. Describe 2 dilemmas that may arise between your duty of care and an individual’s rights Even though every effort is made to ensure an individual receives the best possible care,
Unit 304 Principles for implementing duty of care in health, social care or children or young people’s settings 1.1 To have a duty of care means to be accountable for clients in our care by e.g. exercising authority, managing risks, working safely, safeguarding clients and others monitoring own behaviour and conduct, maintaining confidentiality, storing personal information appropriately, reporting concerns and allegations, making professional judgements, maintaining professional boundaries, avoiding favouritism and maintaining high standards of conduct outside the professional role. 1.2 Duty of care contributes to the safeguarding or protection of the individual clients by having a number of policies and procedures to follow ensuring that a clients health and safety is paramount. This is done by daily checks, risk assessments, fire drills so clients are aware of where to go and what do to. Risks assessments are extremely important and must be implemented and met all the time.
You must be accountable for keeping records safe, reporting problems, and for your own decisions. You must also be observant and keep your training and policies up to date. You must follow standard procedures in all care work this includes use of resources and equipment. As your role as a carer you must respect the individuals wishes, maintain confidentiality and recognise signs and symptoms of abuse, we must also make sure that the individual has their right to make their own decisions and respect them, report concerns to line manager. Understand support available for addressing dilemmas that may arise about duty of care.
Employers adopt this duty of care into their training and operating procedures so it is central to how they conduct their practice. Carers have also an added legal duty to follow the training and procedures of their employers. Carers failing to follow their duty of care or codes of practice can be prosecuted in court under legislation for malpractice, abuse or neglect. (b) How duty of care contributes to the safeguarding or protection of individuals This duty of care helps organisation plan work ahead, assess and compile personal care plans for each individual that is tailored specifically to that individual ensuring protection. When social care workers are aware of their own duty of care and follow the code of practices this enables them to work under clear guidelines ensuring a safer work environment and that all acts are done with the individuals best interests.
2.1 Explain why it is important to find out an individual’s communication and language needs, wishes and preferences. Some people have communication difficulties, people with Autism, dementia or people who are physically unable to speak. In order to support individuals with communication difficulties their needs, need to be understood of the difficulties they face. It is really important to recognize that people are individuals. The way you communicate with mrs a will be different from the way you communicate with Mrs B.