4222 204 Duty of Care Workbook

Topics: Standard of care, Reasonable person, Duty of care Pages: 8 (2352 words) Published: January 28, 2015

Evidence
Ref:

Issue No: 2
Issue 271213
Page 1 of 6
Author: Mike Smith
Ref: 204 Workbook
Sampled By IV

Initials

Dated:

Unit 4222-204 – Duty of Care

Candidate Name:
Mark Mainwaring
Date of Activity

Award Title / Level

Observed by your Assessor:

Professional Discussion:

Self Reflective Exercise:

Seen By A Witness:

Seen by an Expert Witness:

Product Evidence:

Questioning to Support Standards:
YES
Write Up/Factual Account

Electronically Recorded:

Duty of Care
204 (Diploma) / 205 (Tech Cert) - Workbook
Supports the QCF Vocational, QCF Technical Certificate
& Common Induction Standards
(For use with QCF Unit HSC24)

4222-204 Duty of Care

Introduction

This unit will look at the importance of ‘Duty of Care’ within the health and social care area. It will aid in helping to identify standards of care required by carers and the actions needed to be implemented in order to maintain high quality care.

The courts have identified what standards of care a person can expect from those providing it: i.e. what a ‘reasonable person would think is reasonable’ in the circumstance. In English Tort law a duty of care (or depict in Scots law) is a legal obligation imposed on the person requiring that they adhere to a standard of reasonable care whilst performing any acts that could foreseeably harm others. It requires that everything reasonably practicable be done to protect the health and safety and wellbeing of others.

The standard of care an individual that you may care for or support is entitled to;

Care that meets the persons identified needs
Person centred planning around the person
Support to maintain independence
Well-trained staff
Care that meets the minimum standards as set down in law

Each person that we support has a right to expect a good standard of care which we need to uphold. By understanding and acknowledging people’s rights we gain greater awareness of circumstances which might give rise to concerns. Often it is when a person’s rights are breached that we become aware that we have a ‘duty of care’ to alert another person to a situation that may make a person we care for or support vulnerable or at risk.

There are a variety of terms that need to be understood in order to fully understand what constitutes ‘duty of care’, such terms include;

‘Duty of care’ is a requirement that a person act towards others and the public with the watchfulness, attention, caution, and the prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent and any damages resulting may be claimed in a lawsuit for damages

‘Reasonably practicable’ means that the requirements of the law vary with the degree of risk in a particular activity or environment which must be balanced against the time, trouble and cost of taking measures to control the risk. It enables the duty holder to choose the most efficient means for controlling a particular risk from the range of feasible possibilities. The duty holder must show that it was not reasonably practicable to do more than what was done or that he/she has taken ‘reasonable precautions and exercised due diligence’

‘Public Interest’ is anything affecting the rights, health or finances of the public at large. It is something that is of general benefit to the public or to which the general public would feel a ‘need to know’ in the general populations best interests.

‘Whistle blowing’ A whistleblower is a person who raises a concern about wrongdoing occurring in an organisation or body of people. Usually this person would be an employee from that same organisation. The revealed misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, corruption. Whistleblowers may make...
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