Duty of Care

Topics: Risk, Complaint, Pleading Pages: 5 (1608 words) Published: November 29, 2012
Task 1
1.1 What it means to have a duty of care in your work rol?
Duty of care can be defined as "an obligation, recognised by law, to avoid conduct fraught with unreasonable risk of danger to others". Every teacher and school authority owes a duty of care to take reasonable care to ensure that their acts or omissions do not cause reasonably foreseeable injury to their pupils. („The Law Handbook”.) A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. In general, a practitioner owes to each of his children whilst under his control and supervision a duty to take reasonable care for the safety of the children. This involves attention, watching out for anything that can go wrong, prevention and making wise choices about steps taken in a role. Frequently, if a duty of care is not met in a role that requires it, then the responsible person can be held accountable for allowing negligence to occur. Duty of care is the “fundamental obligation that anyone working in child care, whatever the type of service and whatever their role, is to keep children safe”. (Marilyn Hopkins LLB, Dip.Ed.. (March 2006). DUTY OF CARE My duty is to create a safe, happy, positive, stimulating, multicultural learning environment in which children can be cared for. This will involve giving appropriate attention in particular tasks to ensure no one is harmed, watching out for potential hazards i.e. risk assessments preventing mistakes or accidents and making wise choices about steps undertaken in a role. To ensure that toys and equipment are maintained, clean and safe to play with or use. To keep a daily register, first aid box and other relevant records as required. A duty of care should also extend to parents, as they expect practitioners to use their knowledge and expertise to care for children properly. The Early Years Foundation Stage (EYFS) framework provides assurance to parents and carers that early years providers will keep their children safe and help the children to thrive. 1.2 How duty of care contributes to the safeguarding or protection of individuals Duty of care contributes to safeguarding, meaning that we plan out a detailed risk assessment to make sure the wellbeing of the babies, children and young people are safe in what they’re doing. If we work in nursery or school as a child care worker then this is our main responsibility to provide a safe and healthy environment for children . Give children care and support. Ensure they are enjoying school. When we do an activity or before starting an activity we have to check that the place is hazard free . Duty of care contributes to the safeguarding or protection of the individual child by having a number of policies and procedures to follow ensuring that a child’s health and safety is paramount. This is done by daily checks, risk assessments, fire drills so children are aware of where to go and what do to. („Five principles for implementing duty of care”) Duty of care comes under safeguarding, this includes steps we must take to make sure the children feel safe and secure and protected from neglect or abuse. So they stay safe and healthy. In my role I have a duty of care to raise any concerns I may have about any aspect of my work. These can range from inadequate working conditions, poor equipment, poor practice by other staff; to raising concerns about potential abuse cases and situations of neglect. Tak 2

2.1 Potencial conflicts or dilemas between the duty of care and an individual’s rights. In situations where there is a conflict of interest or a dilemma between an individual’s rights and my duty of care, it is best practice to make sure the individual is aware of the consequences of their choice and that they have the mental capacity to understand the risks involved in their choice. It is their right as an individual to be able to make...
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