1.1 Explain what it means to have a duty of care in your own work role Wikipedia describes “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 foreseeably harm others”. I understand that a Duty of Care within my work role requires many things. Firstly, the children are placed into the environment by parents who want the best for their children. They expect they staff to have a degree of knowledge and understanding including education and training, to enable them to look after their children to the best of their ability. Alongside this, we need to ensure that the children are in a safe and secure environment, that the setting offers safe toys and activities for the children. It is important that the child is looked after emotionally and physically and that they feel safe and happy. The setting also has a legal responsibility to ensure that the property is safe and that insurances are in place. There is a legal obligation to have staff correctly certificated and checked for training purposes and for security checks to make sure that they are eligible to work with children. Our setting works to the guidance and instruction of the EYFS (Early Years Foundation Stage) framework to ensure that we treat the children to the best of our abilities. “The Early Years Foundation Stage (EYFS) is the framework that provides assurance to parents and carers that the early year’s providers which they choose will keep their children safe and help them to thrive. The overall aim of the EYFS is to help young children achieve the five Every child matters outcomes (staying safe, being healthy, enjoying and achieving, making positive contribution, and achieving economic wellbeing) by improving quality and consistency in the early years sector through a universal set of standards which apply to all settings” (CACHE Children & Young People’s Workforce – Early Learning & Childcare) 1.2 Explain how duty of care contributes to the safeguarding or protection of individuals Safeguarding can be described as:-
“Safeguarding – this term includes all the steps you would take in an early years setting or school to help children feel safe and secure; protecting children from neglect or abuse; and ensuring that children stay safe, healthy and continue to develop well” (CACHE Children & Young People’s Workforce – Early Learning & Childcare). This can be done by ensuring that the environment is safe; that confidentiality is ensured; all legislation is met, and that educational needs are met. “From September 2008 it is the legal responsibility of these providers to ensure that their provision meets the learning and development requirements and complies with the welfare regulations, as required by section 40 of the Childcare Act 2006” (CACHE Children & Young People’s Workforce – Early Learning & Childcare) SHC 34 PRICIPLES FOR IMPLEMENTING DUTY OF CARE IN HEALTH, SOCIAL CARE OR CHILDRREN’S AND YOUNG PEOPLE’S SETTINGS 2.1 Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights
A conflict could arise when information about the child is shared between professionals without the consent of the parents or child. This could however be made worse if such information were shared with a parent or carer who might endanger the child on receipt of such information. Or it could be a situation whether the child wishes to jump off a high climbing frame but the height of the frame is too much to allow him to do it without him hurting himself.
2.2 Describe how to manage risks associated with conflicts or dilemmas between an Individual’s rights and the duty of care
If a situation has arisen where there is...