Principles for Implementing Duty of Care in Health Social Care or Childrens and Young Peoples Settings

Topics: Standard of care, Tort, Law Pages: 5 (1241 words) Published: August 23, 2012
|Assignment 055 Principles for Implementing Duty of Care in Health, Social Care or Children’s and Young People’s Settings | | | |Task A | |1 |What does duty of care mean in children and young people settings? | | |Duty of care can be defined as "an obligation, recognised by law, to avoid conduct fraught with unreasonable risk of danger | | |to others". Early years settings owe a duty of care to take reasonable care to ensure that their acts or omissions do not | | |cause reasonably foreseeable injury to the children in their care. | | |Section 40 of the Child care Act 2006 ensures Early Years settings implement the Legislative Framework of the Early Years | | |foundation Stage. It is this that imposes a duty of care on the Early Years settings but there is also statutory guidance in| | |Working Together to Safeguard Children 2010. In addition there is a raft of Health and Safety legislation. | | |The law imposes a duty of care on everyone: people must take reasonable care to avoid injury to others or damage to property| | |through their action or lack of action. Everyone who works in any form of child care, whatever their role or function, has a| | |basic obligation to take all reasonable measures to safeguard children. This means keeping them safe from potential physical| | |dangers, environmental dangers, as well as from any person who would wish to harm or abuse the children in any way. Abuse | | |includes physical, sexual or emotional abuse, harassment because of race, gender or belief, or any kind of bullying. Duty of| | |care also means ensuring a person's rights are protected, including their right to be independent, and to preserve their | | |dignity. | | |Because children, and especially young children have a limited ability to care for themselves, those working in childcare | | |settings have an extremely high duty of care for to children; a higher duty of care is owed to an infant than to a | | |school-aged child because of the differences in their ability to look after themselves and attend to some of their own | | |needs. Children rely on their carers and the staff at the setting to ensure that they are properly cared for. | | | | | | | | | | | | | | | | |1 |What does duty of care mean in children and young people settings? | | |All adults who work with, and on behalf of children are accountable for the way in which they exercise authority; manage | | |risk; use resources; and safeguard children and young people. | | |Whether working in a paid or voluntary capacity, these adults have a duty to keep children and young people safe and to | | |protect them from sexual, physical and emotional harm. Children and young people have a right to be treated with respect and| |...
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