Unit 4222-204 introduction of duty of care in health, social care or children’s and young people’s settings (SHC-24)

Outcome 1- Understand the implication of duty of care
Define the term “duty of care”.
Duty of care is the legal obligation to take reasonable care to avoid causing harm. Doctors and other health professionals have a duty of care towards their patients: if they fall short of expected standards of care they may be charged with carelessness
Describe how the duty of care affects own works role.
Only carrying out duties for which you are competent and in own job description and declining care work which is not; being accountable for own decisions and actions; follow 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 (whistle-blowing)

Outcome 2 understands support available for addressing dilemmas that may arise about duty of care.
Describe dilemmas that may arise between the duty of care and an individual`s rights.
Sometimes individuals may want to do something which could be a risk to their Health and safety. As a carer you have a duty of care to that person and you must do all that you can to keep them safe but you also have a duty to respect the individual’s rights and choice, so you have a dilemma. It could be that the individual no longer wishes to use her walking frame, but her care plan states that she needs it to move from place to place and you are to ensure you encourage its use. In this scenario you could carry out a risk assessment to ensure that it is managed as safely as possible. You would need to explain the risks involved to the individual and make sure they understand. You could come to a compromise, to use a stick for a while instead, to see how they managed, then monitor the situation. All this should be documented including any risk assessment carried out. If the individual still insists on walking unaided you should get them to sign to say they are aware of the risks involved. Another scenario could be that an individual refuses their medication. Remind them of why they take the medication and its benefits and again advise them of the risks involved in not taking their medication. If they still refuse ensure this is noted on their Medication administration record and reported in their communication notes and discussed at handover, so others aware if a problem occurs. If the individual insists on doing something which is unsafe or risky that is their choice and you must respect their right, but you have a duty of care and must do all you can to keep them safe d an individual’s rights.

Explain where to get additional support and advice about how to resolve such dilemmas.
We would be able to get additional support and advice about how to resolve such dilemmas by talking to my line manager. If the dilemma involved a colleague and I thought there could be negative attitudes against me, there is a whistleblowing policy in place. If the dilemma was concerning safeguarding, I could talk to the safeguarding team about my concerns. I could also use In Site to look at policies and procedures and I could speak to senior members of staff.

Outcome 3- Know how to respond to complaints.
Describe how to respond to complaints.
All complaints and concerns are dealt with fairly