Standard 5 Principles for implementing duty of care
1. Understand how duty of care contributes to safe practice
1.1 Explain what it means to have a duty of care in your work role Every individual should be supported and enabled to live in an environment which is free from prejudice and safe from abuse. Your responsibilities under the duty of care are to do everything reasonable within the definition of your job role to make this happen. “Duty of Care” means providing care and support for individuals within the law and also within the policies, procedures and agreed ways of working of your employer. It is about avoiding abuse and injury to individuals, their friends and family and their property. A negligent act could be unintentional but careless or intentional that results in abuse or injury. A negligent act is breaching the duty of care. If an individual has evidence that you have been negligent, you are likely to be disciplined. You could lose your job and you could have legal action taken against you.
1.2 Explain how duty of care contributes to the safeguarding or protection of individuals In your role you have a duty of care to raise any concerns you may have about any aspect of your 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. It is your duty of care to safeguard individuals from harm. All employees should report any concerns of abuse they have. These might include evidence or suspicions of bad practice by colleagues and managers, or abuse by another individual, another worker or an individual’s family or friends. If you do not work in this way, you could be considered negligent or incompetent. If you are in any doubt at any time, you must discuss any issues you have with your supervisor / manager. Local authorities have Safeguarding Adults policies and procedures that will be published on their websites or available from their Safeguarding team. You will learn about Safeguarding in more detail in Standard 6. It links closely with your duty of care.
Locate the Safeguarding Adults policy and procedures that are in place for your local area Page 2 of 15
CIS Assessment Induction Workbook – Five
Know how to address dilemmas that may arise between an individual’s rights and the duty of care
2.1 Be aware of potential dilemmas that may arise between the duty of care and an individual’s rights During your work you may find yourself in situations where the individuals you are supporting do not agree with what you believe is best for them. Who knows best? The individuals you support or you, a carer, the family? In situations where there is a conflict of interest or a dilemma between an individual’s rights and your 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 informed choices about their own lives even if you disagree with their choice. It is the right of every individual in your care to make choices and take risks. It is your role to assist them in making those choices and reducing the risks without compromising their rights. An individual may be restricted if his or her behaviour presents a serious risk of harm to his or herself or to other people. People who receive care and support are considered to be vulnerable, and as such the law requires that an assessment be carried out to look at any possible risks there might be to the individual or to others. The aim of this assessment is not to remove the individual’s right to take risks, but to recognise and reduce them where possible to an acceptable and manageable level. Mental Capacity Act 2005 We looked at the Mental Capacity Act (MCA) in Standard 1. Outcome 3.2. MCA has a...