Know How Legislation and Policies Are Relevant to Positive Risk Taking

1062 WordsAug 22, 20135 Pages
Know how legislation and policies are relevant to positive risk taking Identify how legislative frameworks and policies can be used to safeguard individuals from risks whilst promoting their rights | When approaching the identification, assessment and management of risk, a knowledge of key legal principles and legislation will help practitioners to make informed decisions that promote both the involvement and interests of adults with a disability and older people, and their families. It will also support and promote best practice for professional staff involved in supporting positive risk management. An understanding of the following legislation and legal principles is important. However, where there is doubt about legal issues,…show more content…
Transferred within the terms of the Data Exchange Agreement. Information shall only be shared with those who have a legal right to access it and in accordance with relevant information sharing protocols/data exchange agreements. Every effort should be made to ensure that confidentiality is maintained for all concerned both when an allegation is made and whilst it is being investigated. It is of the utmost importance that all documentation is marked confidential - not to be disclosed without consent. Effective safeguarding remains the highest priority. Duty of Care 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. Negligence Negligence is carelessness amounting to the culpable breach of a duty, ie failure to do something that a reasonable person (ie an average
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