principles for implementing duty of care

Understand how duty of care contributes to safe practice. Explain what it means to have a duty of care in own work role.
As a care assistant, I have a Duty of Care that is a legal requirement/obligation, requiring that I adhere to a good quality & standard of care when providing care & support to my service users. Every individual should be supported & enabled to live in an environment which is free from prejudice & safe from abuse. My responsibility under the duty of care is to do everything reasonable within my job role description & in conjunction with my employer’s policies & procedures to make this happen.
It is part of my job role to care for individual’s, ensuring that the individual’s needs & well being are looked after. As individual’s, all service users have a right to be treated with respect, given choice, treated fairly & equally & not to be mistreated or subjected to any form of abuse.
Taking on the role of a care assistant, I have agreed to provide a duty of care to the individual by following: - the codes of practice (outlined by HASWA), following company policies & procedures, undertaking the necessary training & conducting myself in a respectful, professional & competent manner. Following these guidelines empowers me with the knowledge, skills & competence to carry out my day to day tasks whilst ensuring that all who I come into contact with during my working day are protected from harm, injury or abuse: i.e. the service user, their family & friends, fellow work colleagues etc... Explain how duty of care contributes to the safeguarding or protection of individuals.
In my current role, I have a duty of care to ensure that all service users are safe. I have a duty to raise any & all concerns I have about any facet of my job e.g. inadequate working conditions, poor equipment, poor training, bad practice by other staff members, raising concerns about potential abuse & situations of neglect.
My duty of care contributes to the safeguarding & protection of the individual, by ensuring that individuals are safe from any sort of harm such as: illness, injury or abuse. It is my responsibility to work within the codes of practice & my employer’s policies & procedures. This involves the recording & documenting of all information when an accident or incident occurs & pass this information immediately on to my superiors & other relevant persons i.e. doctors & social workers.
Know how to address conflicts or dilemmas that may arise between an individual’s rights and the duty of care. Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights.
It is my duty of care to support my service users to take their medication that has been prescribed by a doctor & to ensure that they are in good health. If a service user refuses to take their medication that is their right, however, this could be detrimental to their health.
I would ask the individual as to why they did not want to take their medication, as there may be an underlying issue such as: the individual has developed a problem swallowing or is finding the tablets too large to swallow. In each case I would call a doctor & explain the situation. The doctor may say the individual has tonsillitis & can prescribe smaller tablets. I would then record this information & report it back to my manager.
If a service user just refused to take their medication because they did not feel like taking it, i.e. because they were in a bad mood, they still have the right to do so.
At this point I would try to encourage them to take the medication by explaining to them that it has been prescribed to them by a doctor for a reason, therefore you must require it. If the service user still refused, I would make a record of it, report it to my manager, leave the individual & return 30 minutes later to see if they had become more receptive to taking the medication. If the individual still refused to take their medication I would record this & call my manager as I have a duty of care to the individual to report it.
Another example of a dilemma could be if a service user who is unsteady on their feet, refuses to use their walking aid. The individual is at risk of falling causing injury to themselves or others. I have a duty of care to encourage the individual to use their walking aid by explaining the possible consequences of what could happen as a result of their actions. However, it is the individual’s right to make that choice & I cannot force or pressurise them. Describe how to manage risks associated with conflicts or dilemmas between individual’s rights & the duty of care.
Managing conflicts & dilemmas of this nature, is best achieved by working with the individual to put risk assessments in place to try & make the situation as safe as possible, but still allowing the individual the freedom & right to do as they choose.
A risk assessment is not carried out to remove the risk, but rather to put in place actions that will help reduce the risk to stop the possibility becoming reality, looking at situations where there is a risk & considering what can be done to reduce it.
An example of this could be an individual refuses to take their prescribed medication for whatever reason. The individual has the right to decline taking the medication, but this would then create a risk to the health & well-being of the individual. I would ask the individual as to why they did not want to take their medication, as there may be an underlying issue such as: the individual has developed a problem swallowing or is finding the tablets too large to swallow. In each case I would call a doctor & explain the situation. The doctor may say the individual has tonsillitis & can prescribe smaller tablets. I would then record this information & report it back to my manager.
If however, the individual just refused to take their medication because they did not feel like taking it, i.e. because they were in a bad mood, they still have the right to do so. At this point I would try to encourage them to take the medication by explaining to them that it has been prescribed to them by a doctor for a reason, therefore you must require it. If the individual still refused, I would make a record of it, report it to my manager, leave the individual & return 30 minutes later to see if they had become more receptive to taking the medication. If the individual still refused to take their medication I would record this & call my manager as the individual has now created a risk & I have a duty of care to the individual to report it.
Describe how to manage risks associated with conflicts or dilemmas between individual’s rights & the duty of care.
If a situation ever arose where I required additional support in resolving conflicts/dilemmas, there are numerous sources at my disposal. I.e.
Work Colleagues – who may have had to deal with a similar situation & can provide me with advice & support that I require.
Policies & Procedures – my employers have strict guidelines which can be found in the policies & procedures handbook. If I am ever unsure of how to deal with conflicts/dilemmas I can refer to this handbook.
Trade Union – they are experienced in dealing with conflicts/dilemmas & can easily provide information or support on dealing with various conflicts/dilemmas.
Training – my job role requires regular & consistent training in all aspects of my role, including having to deal with conflicts/dilemmas. This means I can refer to my handouts & notes given to me during my training.
Management – any serious conflicts/dilemmas that I cannot resolve I can immediately contact my organiser or higher management who can then support & advise me on the correct course of action to take.
Know how to respond to complaints
Describe how to respond to complaints.
I would respond to any complaint an individual had by firstly, sitting down with them & asking what the complaint is. If the complaint was of a minor nature & something I could resolve without support, I would ask the individual if they would like me to do so. If the complaint was of a more serious nature & of greater concern that may require further investigation, I would show the individual the complaints procedure located in their red folder which is in all the service user’s homes. I would then ask the individual if they would like me to read it to them & ask the individual if they understand. I would then show them the complaints form & ask if they need assistance to complete it.
I would have to inform my manager of all the information relating to the complaint.
Explain the main points of agreed procedures for handling complaints.
Ensure the individual understands how to use the complaints procedure – this would involve asking the individual whether they understood how to use the complaints procedure. If their response was no I would advise & refer them to their red folder.
Explain to the individual how the procedure works & when they could expect a response. This involves providing the individual with a time scale on when action will be taken e.g. an initial response to the complaint should be received within three days, then anything up to 28 days for resolution to the complaint; if the complaint is of a more serious nature a formal investigation may be required which will take from 3 – 6 months in total; there may be an informal stage where consultation with the complainant can resolve the complaint fairly quickly.
Take the individuals complaint seriously, listen to their complaint, be polite & respectful. This involves; focusing on the individual (making eye contact); do not be judgmental; assure individual complaint will be reported immediately.
Offer assistance if the individual requires help filling out the complaints form, e.g. where the complaints forms can be obtained; they may not understand how the form should be filled in correctly; the individual may not be able to read or write, could be blind, or have very poor English language skills
Report the complaint to my organiser. Some complaints are of a very minor nature & can be dealt with effectively there & then, but should still be logged & reported to my manager. For those complaints that are more complicated or serious, my manager or next available senior needs to be made aware of the complaint as soon as possible so that the necessary steps can be taken quickly & efficiently, satisfying the needs & expectations of the complainant. Unit 2 – SHC33
SHC33.1.1 – Explain what is meant by Diversity.
Diversity means mixture, variety, difference, be it in whatever way, shape or form.
The concept of diversity encompasses acceptance & respect. It means understanding that each individual is unique & recognising our individual differences.
These differences can range from, race, ethnicity, gender, sexual orientation, socio-economic status, age, physical ability, religious belief, political belief & many more.
Diversity is positive & should be respected, valued & nurtured, because nobody is completely the same as anyone else. Telling them that being different from everybody else makes us all unique & that we must value this diversity & difference that surrounds us, in order to work together to make our society a positive place to live.

SHC33.1.1 – Explain what is meant by Equality.
Equality means everybody receiving the same privileges, opportunities & respect as everybody else regardless of their shape, colour or beliefs. Equality states that because we are all human, then we must all be equal.
Equality is about fostering & promoting the right to be different, to be free from discrimination & to have choice & dignity & the right to be valued as an individual.
SHC33.1.1 – Explain what is meant by Inclusion.
The term inclusion is seen as a universal human right & aims at embracing all people, irrespective of race, gender, age, disability, medical or any other need. It is about providing everyone with equal opportunities, choice & access & getting rid of discrimination & intolerance.
SHC33.1.2 – Describe the potential effects of discrimination.
A prejudice is an attitude or way of thinking based on an unfounded, unreasonable pre-judgement of an individual, particular group of people or situation, rather than on a factual assessment. Prejudices can be positive or negative. If we are positively prejudiced towards someone, we think well of them. On the other hand, if we are negatively prejudiced against someone, we tolerate them less. In the main, negative prejudices develop against people who are different in some way. Discrimination happens when we act out our negative prejudices. Discriminatory behaviour results in unfair, unjust treatment.
The people most likely to be discriminated against are those who are different in respect of their:
_ Age. Age discrimination, or ageism, isn’t only targeted at elderly people – youngsters can also be on the receiving end of bullying, harassment and undeserved criticism.
Sex. Men and women continue to be treated unfairly in certain walks of life, in particular in the workplace. Discrimination based on sex is known as sexism.
_ Nationality, ethnic background, religion. Some people consider themselves superior to those from different backgrounds and faiths. Victimisation, bullying and harassment of people for such reasons is known as racism.
Ability. Barriers that prevent disabled people from accessing the same opportunities as able-bodied people and the ignorant acting out of negative prejudices against physically or intellectually disabled people, for example through name-calling and damage of their property, is known as disablism.
Size. Some of us are guilty of judging people by their size and treating them unfairly as a result. This behaviour is known as sizeism.
Financial status. Discrimination against people on the grounds of their income, for example treating people living in poverty as inferior, is known as povertyism.
There are two forms of discrimination, direct and indirect. Direct discrimination occurs when someone is intentionally treated unfairly, for example harassment on the basis of skin colour or religion. Indirect discrimination occurs when rules or guidelines meant to apply to everyone unintentionally affect one group of people more than others. For example, a company policy requiring everyone to work night shifts indirectly discriminates against single parents or people who care for elderly relatives, and menus that fail to offer a selection of food indirectly discriminates against people with specific dietary needs or preferences.
SHC33.1.3 – Explain how inclusive practice promotes equality & supports diversity.Inclusive practice is about the attitudes, approaches and strategies taken to ensure that people are not excluded or isolated. It means supporting diversity by accepting and welcoming people’s differences, and promoting equality by ensuring equal opportunities for all. Inclusive practice is best practise.
Health and social care workers demonstrate inclusive practice by working in ways that recognise, respect, value and make the most of all aspects of diversity. Having a sound awareness of and responding sensitively to an individual’s diverse needs supports them in developing a sense of belonging, wellbeing and confidence in their identity and abilities. And it helps them to achieve their potential and take their rightful place in society.
In addition, inclusive practice involves having an understanding of the disastrous impact that discrimination, inequality and social exclusion can have on an individual’s physical and mental health. Having such an understanding ensures appropriate, personalised care and support, thereby enabling an individual to develop self respect and maintain a valued role in society. Because people who fail to support diversity or promote equality are usually entirely unaware of their attitudes and the impact of their behaviour, inclusive practice involves reflecting on and challenging ones own prejudices, behaviours and work practices. It also involves challenging those of colleagues and other service providers, with a view to adapting ways of thinking and working and to changing services to build on good practice and to better support diversity and promote equality.
Discrimination is an injustice and has devastating effects. The UK has in place numerous pieces of legislation (laws), rules, regulations, guidance documents and statutory codes of practice, all of which are intended to promote diversity, ensure equality and end discrimination. In other words they are in place to promote everyone’s right to fair and equal treatment, regardless of their differences.
SHC33.2.1 – Explain how legislation & codes of practice relating to equality, diversity & discrimination apply to own work role.In England and Wales, the General Social Care Council (GSCC) is responsible for ensuring that standards within the social care sector are of the highest quality. It has developed Codes of Practice for all care workers that include information on how to protect and promote the rights of individuals using the service. The Codes of Practice provide a guide to best practice and set out the standards of conduct that workers are expected to meet.
The General Social Care Council (GSCC) Codes of Practice for Social Care Workers and Employers directs social care workers to treat each person as an individual; respect and, where appropriate, promote their individual views and wishes; and support their right to control their lives and make informed choices.
Whilst a health or care worker might not agree with the beliefs and values of the people they work with, nor share their preferences, inclusive work practice involves respecting and promoting:
The right to freedom of thought and religion i.e. their beliefs
The right to freedom to express their beliefs as they wish
The right to freedom of conscience i.e. to personal values and a sense of right and wrong
Respecting, promoting and responding to personal preferences.

SHC33.3.3 – Describe how to challenge discrimination in a way that promotes change.
Talking to people about discrimination does not ensure that they will change their mindset and, as a consequence, their behaviour. Similarly, the existence of legislation, policies and procedures and Codes of Practice does not guarantee that people using services receive fair treatment and that their rights are upheld. If attitudes and behaviours are to change, discrimination needs to be challenged effectively. Another tried and tested method of challenging workplace discrimination and making change happen is by analysing the reasons why a worker behaves in a discriminatory way.
Informal discussions, during a coffee break or as part of a training session, provide useful opportunities to reflect on the dire effects of discrimination. Most people using health and care services are liable to have experienced discrimination at some time or another. Indeed, their experience of discrimination may be the reason they are in need of care now. Talking through these issues, especially with people who have been victims of discrimination, and imagining how it must feel to experience unfair, unjust treatment, can have powerful effects on thinking and behaviour.
There is no definite way to challenge inappropriate behaviour and no doubt you will find your own approach to challenging effectively.
The following may be useful to consider.
Don’t punish or blame – say what is better.
Understand your audience. Think about your role in the situation and consider this in your approach.
State your position: ‘That’s disrespectful; we don’t talk about people/children like that.’
Understand the situation. Do you challenge there and then, or quietly at a later date? What will bemost effective for the person involved/for those witnessing the incident?