Complaint and Children/young People

Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks

Any individual who comes into contact with children in their daily line of work “has a duty to safeguard and promote the welfare of children”.

Assignment: Keeping People Safe Unit 7: Principles of Safe Practice in Health and Social Care A: Examine how duty of care contributes to safe practice in health and social care settings B: Understand how to recognise and respond to concerns about abuse and neglect C: Investigate the influence of health and safety legislation and policies in health and social care settings D: Explore procedures and responsibilities to maintain health and safety and respond to accidents and emergencies in health and social care settings Task 1: Evaluate significance of duty of care, explaining its significance in promoting safe practice, Evaluate significance of complaints procedure in promoting safe practice, and justifies the procedures used when responding

Duty of care is a requirement that all health and social care professionals, and organisations providing health and care services, must put the interests of the people who use their service first. They also have to do everything in their power to keep people safe of any harm, neglect or risk. As an individual healthcare worker you owe a duty of care to your service users, your colleagues, your employer, yourself and the public interest. All duty of care is described I Code of Practice. Duty of care means that you must aim to provide high quality care to the best of your ability. If for any reason you can’t do this then you must say so. You must adhere to a standard of reasonable care and you are expected to:

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care

The duty of care affects my own work role as its my duty of care to ensure that the service users in the organisation I care for are safe and protected from any sort of abuse. It is important that I receive training so that I am able to recognise and understand signs of abuse. It is also my responsibility and duty to record all information if an accident or incident occurs. I must protect the service users as well as respect their needs.

It is everybody’s responsibility to safeguard children – This means every single staff member within a setting; irrelevant of what role they may have there. This also includes non-staff members, such as volunteers, student’s third-party companies (visitors, service providers etc). Each setting should therefore adopt their own safeguarding policy, of which has to be kept up to date and followed at all times.

SHC34-2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual's rights and the duty of care.

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care.

While working with vulnerable groups of individuals in health and social care settings there are times when care workers are faced with a conflict of interests. Very often ethical dilemmas will not have the right answer and will depend upon a number of considerations. When the care worker is faced with a dilemma and will be expected to make a decision. Before making a decision, the care worker must consider their risks to the individual and any other people, the policies of the organisation and if they have all the facts of the case.

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individuals rights and the duty of care.

Working together to safeguard children 2006 sets out how organisations and individuals should work together to safeguard and promote the welfare of children and young people in accordance with the Children’s Act 1989 and the Children’s Act 2004. It is important that all practitioners within settings and environments looking and caring after children and young people must know their responsibilities and duties in order to safeguard and promote the welfare of children and young people, following their legislations, policies and procedures.

3:5 Describe what action should be taken if the individual’s wishes conflict with their care plan of care in relation to health and safety and their risk assessment.

This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person 's actions do not meet this standard of care, then their actions may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Professional workers owe a specific duty of care to all vulnerable people with whom they work. The standard of conduct and behaviour expected of people in their professional role is higher than for other people because of the professional training they have received and the level of responsibility they assume.

In this case, the both care workers implement this care value as there are many health hazards and risks in health and social care settings. In general Ruth and her mum put a lot of trust in the GP and receptionist to provide protection, help and support regarding Ruth’s health and wellbeing. They must do all that is necessary for Ruth to feel safe within a health setting in order to receive care. For example, they must take certain producers to ensure that Ruth is safe and comfortable.