CU236P/ CT236 Principles for implementing duty of care in health, social care or children’s and young people’s setting

1.1 A duty of care is a legal obligation to ensure that I always act in the best interests of the individuals, that I do not act in a way that may result in causing the individual’s harm or neglect. And that I act within my competence and not take on anything I do not believe I can safely do so for example: manuvouring from a chair to a wheelchair, if I feel that the manuvour cannot be done with just myself in a safe manner for the individual and myself I can ask for assistance from another member of the team by doing this I am following my duty of care and ensuring no harm will come from my actions towards the individual.

1.2 Working with the elderly has a significant duty of care. Individuals who are older and more vulnerable need greater care. The attention and vigilance of myself and other member of the team helps to keep them safe from any form abuse that could potentially take place also any unnessicary accidents. Working closely with individual and building a trusting relationship will also build confidence in being able to speak freely to myself if there was ever an issue in which the individual felt pressure from others financially, sexually etc. duty of care also contributes to the safeguarding of individual, there are a variety of ways in which this can be carried out:
> Risk assessments.
> Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
> Having clear instructions and boundaries in place.
> Working with family members and other professionals to aid the individual’s care and development.
> Hold a relevant safeguarding certificate.
> Observing the individuals and keeping update on care plans and ensuring any concerns are raised and dealt with.

2.1 Conflicts and dilemmas that may arise between the duty of care and individuals rights could be staff having difference of opinion over an individual for example a staff member believing there may be signs of abuse and another staff member disagreeing and thinking there isn’t any. This could lead to conflict between the individual’s family and the carers involved if staff involve other agencies such as social services/social worker. Dilemmas could be knowing when to get further help regarding the protection and safeguarding issues for example if I did not refer the case to my manager/social services the individual may continue to suffer from the suspected abuse. Another dilemma would be knowing when to break confidentiality and share information. Knowing that if I have information that concerns me about an individual I must always report it however others may disagree and feel that I have broken their trust/the individuals trust.
2.2 If a conflict arises, I can never force an individual to do or not do things unless the law allows me to do so (for example if an individual wishes to eat a chocolate bar but under the speech and language therapists is not capable in doing so I must take actions by referring to my line manager) What I do if a conflict arises