The fundamental obligation that anyone working in child care has is to keep children safe.
The legal term duty of care refers to this obligation and has major implications for a setting and the operation of its services.
“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.
(CIS Assessment Induction Workbook – Five)
Duty of care in my work role
As all children should be supported and enabled to live and grow in an environment which is free from prejudice and safe from abuse, my responsibilities under the duty of care is to do everything reasonable within the definition of my job role to make this happen.
As a provider of childcare, the level of duty of care is paramount. The Statutory Framework for the Early Years Foundation Stage states that providers are legally responsible for ensuring that their provision meets the learning and development requirements and complies with the welfare regulations of the EYFS.
Section 1 details the statutory guidance in the legal context of the EYFS.
Section 2 sets out the learning and development requirements that all early years providers must by law deliver, regardless of type, size or funding of the setting.
Section 3 of the guidance sets out the detailed welfare requirements that all early years providers must meet in the following areas:
• safeguarding and promoting children’s welfare
• suitable premises, environment and