Unit 054: Principles For Implementing Duty Of Care
Unit 054: Principles for implementing Duty of Care in Health, Social Care or Children’s and Young People’s settings
Outcome 1: Understand how duty of care contributes to safe practice
What it means to have a duty of care in my work role
A duty of care is a key concept in working with others. The term ‘duty of care’ includes the concepts:
• To keep individuals safe
• To keep individuals free from harm
• To allow/give choice
Anyone working in a childcare setting, whatever the service or whatever their role, should understand that a duty of care is the fundamental obligation to keep children safe. The younger the child, the more vulnerable they are, therefore the greater the duty of care.
Within my role as a childcare practitioner at our Primary …show more content…
School, I understand that children and young people rely on staff to ensure they are properly cared for. Parents and families expect staff to use their expertise to care for their children appropriately.
As a childcare practitioner it is important to be vigilant at all times, keeping young people safe as they develop the following:
• More robust immune systems as they grow and develop
• The ability to cope with and foresee potential dangers
• Communication skills, enabling children and young people to talk about the harm others may be doing to them
• Empathy, which enables them to understand that their actions may hurt or upset others
How duty of care contributes to the safeguarding or protection of individuals
A duty of care contributes to safeguarding and protecting children and young people in many ways.
This can include:
• Having clear instructions and setting boundaries and expectations for all children and young people. This could greatly benefit a child or young person who has challenging behaviour as different strategies could be put in place, taking into account the age and stage of development of each child as an individual.
• Understanding the way in which children may be abused by others, being aware of the signs that a child may be experiencing harm and following the appropriate procedures if abuse is suspected. This includes all staff having safeguarding and child protection training and knowing the policies and procedures within the setting. Also have a member of staff who is SENCO trained.
• Carrying out regular risk assessments both inside and outside within the setting and taking precautions to avoid potential hazards which could cause a child or young person harm, either through accidents or spreading
infection.
• Observing children and young people and accessing their development can alert practitioners if their progress is not broadly expected for children of their age. Relevant action and help can then be taken in partnership with parents and other professionals.
Outcome 2: Know how to address conflicts or dilemmas that arise between an individual’s rights and the duty of care
The potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights
Potential conflicts or dilemmas and individual’s rights involving children and young people could include:
• Attitudes/behaviour
• Abuse/taunting
• Aggression and violence
• Bullying and intimidation
• Vandalism
• Respecting others views and actions
• Safety and security
• Love and belonging
• Education
• Equality
All children and young people have rights, as set out in the UN Convention of the Rights of the Child.
Within a childcare setting, there may be times when a duty of care seems to conflict with other principles, that of respecting the rights of the child, young person and their families. An example of this could be an issue relating to the duty of confidentiality involving a child, young person and their parents. As a childcare practitioner it is important to remember a balanced approach when deciding which has the greater priority in certain circumstances. An issue may arise which would normally require complete confidentiality, but if not disclosed to the right person it may put the child or young person at risk.
As a practitioner it is extremely important to be sensitive when intervening in the lives of children, young people and their families. This may bring conflict involving their rights and responsibilities. It is important to balance a duty of care and the desire to keep children and young people safe whilst avoiding situations where the practitioner could intrude into their lives in ways that infringe their rights or the responsibilities of their parents. Parent’s rights are modified by their responsibilities. The Children Act 1989 clearly states that the welfare of the child is paramount and therefore the law often gives priority to children’s rights overriding the parents. All childcare practitioners must acknowledge parents’ responsibilities. Practitioners can play an important part in a child or young persons life, however it is a temporary part, therefore it is important to remember that their parents have the central and long-life role in the child’s life.
Other dilemmas that may arise within a childcare setting could include:
• Staff falling out
• Break of confidentiality,
• Swearing or bad behaviour,
• Absent staff members,
• Lack of teamwork.
Another example of conflicts and dilemmas between the duty of care and individuals rights may include staff having a difference of opinion, for example a staff member believing they have seen signs of abuse and another staff member thinking otherwise. This could lead to a conflict between the child’s family / carers, staff involved or other agencies such as Social Services.
How to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care
As childcare practitioners we can mange these risks associated with conflicts and dilemmas by: • Implementing policies, procedures and code of practise
• Acting in the individual’s best interest
• Allowing children and young people to explore with guidance
• Making children aware of potential hazards and dangers
• Allowing children and young people to acquire life skills through learning how to cope with risky situations
• Helping staff or parental ignorance
• Fostering a culture of openness and support
• Being consistent
• Following a system for raising concerns
• Maintaining professional boundaries
A duty of care could conflict with children and young people’s rights to have experiences, which facilitate their development and learning. Children play in order to work out new ideas, to test their own capacities and possibilities as well as the boundaries and limitations or the world around them. As children and young people play, they will make mistakes and accidents will happen. By exploring and experimenting children and young people develop confidence and competence in their own abilities. An element of challenge and risk taking is essential in enabling children to learn how to predict and avoid dangerous situations. As practitioners it is important not to become over-zealous about predicting possible hazards when children engage in play. Many play opportunities have risks, such as climbing, and risk taking itself is recognised as an essential part of growing up. Without these challenges and opportunities to assess risks, children and young people will not develop the survival skills they will need later in life.
Where to get additional support and advice about conflicts and dilemmas
Making judgements, as a childcare practitioner, which balance a duty of care and the rights of children, young people and their families may present professional dilemmas. Therefore in some situations a practitioner may need to seek support, advice or direction, either from their employer or sponsoring service or from a legal advisor. Additional support or advice may also be obtained from colleagues, senior members of staff, family, social workers or other professionals, Internet or policies and procedures within the setting.
At our Primary School there are policies and procedures in place to assist with this action. All members of staff are aware of child protection policies and procedures and who to seek advice and support from and how to act if there were suspicions that a child or young person was being abused.
If a childcare practitioner needs to seek legal advice they could contact their union.
Outcome 3: Know how to respond to complaints
How to respond to complaints
Parents have responsibilities to ensure their children’s welfare and to complain if they feel a setting is not exercising sufficient duty of care. A complaint could arise as a result of a potentially difficult dilemma, such as balancing duty of care with and an individual’s rights. Complaints should never be ignored.
A key fact for a practitioner to remember when handling any complaint is that it is not trivial to the person who is complaining and as practitioners we owe it to them to take it seriously, whatever the complaint is. It is impotant to listen to the complaint and record the information.
At our Primary School there is a complaints policy in place and everyone in the school is familiar with the procedures to follow. Within any childcare setting it is good practice to have a step-by-step list of procedures for those who work in the setting to follow. It is also important that the complainant has access to the complaints policy.
If a parent arrives in the setting with a complaint the practitioner should establish if this is something they can deal with personally. If it is, they can deal with it there and then or make an appointment to see the parent if they are currently otherwise occupied. If it is a matter that needs to be dealt with by a more senior member of staff then the parent can be referred in that direction. While the majority of minor concerns or complaints can be dealt with effectively by the practitioners themselves there may be occasions when a matter needs to be referred to the setting manager or in a school it maybe the head teacher or school governers. An example would include a parent’s dissatisfaction with a particular policy, a significant health and safety issue or a complaint against a member of staff.
The setting manager may be able to resolve the matter using their greater experience or decision-making capacity. The matter may need to be referred to the setting committee or governing body for discussion and clarification of policy. It is important that the complainant knows what will happen next as each stage.
Sometimes things can go seriously wrong and if these incidents are not dealt with properly it may not simply be complaints that are being dealt with but legal action. All childcare practitioners have a duty of care to children and young people and if a child falls off a table and breaks an arm because no one was there to see that the child was on the table in the first place, if this case investigation and legal action may be appropriate. Thankfully cases of negligence are very rare and this is testimony to just how seriously early years practitioners take their duty of care.
Practitioners who work within a local authority setting can seek advice from the education authority.
The main points of agreed procedures for handling complaints
The main points of agreed procedures for handling complaints include:
• The Complaints policy is a recorded and documented procedure and is available at all times
• The complaint is listened to and respected
• Complaints are normally dealt with by a nominated member of staff
• The complaint procedure is time-based and the complaint is dealt with in a documented time-frame
• The procedure must be clear
• There may be both formal and informal options
Outcome 1: Understand how duty of care contributes to safe practice
What it means to have a duty of care in my work role
A duty of care is a key concept in working with others. The term ‘duty of care’ includes the concepts:
• To keep individuals safe
• To keep individuals free from harm
• To allow/give choice
Anyone working in a childcare setting, whatever the service or whatever their role, should understand that a duty of care is the fundamental obligation to keep children safe. The younger the child, the more vulnerable they are, therefore the greater the duty of care.
Within my role as a childcare practitioner at our Primary …show more content…
School, I understand that children and young people rely on staff to ensure they are properly cared for. Parents and families expect staff to use their expertise to care for their children appropriately.
As a childcare practitioner it is important to be vigilant at all times, keeping young people safe as they develop the following:
• More robust immune systems as they grow and develop
• The ability to cope with and foresee potential dangers
• Communication skills, enabling children and young people to talk about the harm others may be doing to them
• Empathy, which enables them to understand that their actions may hurt or upset others
How duty of care contributes to the safeguarding or protection of individuals
A duty of care contributes to safeguarding and protecting children and young people in many ways.
This can include:
• Having clear instructions and setting boundaries and expectations for all children and young people. This could greatly benefit a child or young person who has challenging behaviour as different strategies could be put in place, taking into account the age and stage of development of each child as an individual.
• Understanding the way in which children may be abused by others, being aware of the signs that a child may be experiencing harm and following the appropriate procedures if abuse is suspected. This includes all staff having safeguarding and child protection training and knowing the policies and procedures within the setting. Also have a member of staff who is SENCO trained.
• Carrying out regular risk assessments both inside and outside within the setting and taking precautions to avoid potential hazards which could cause a child or young person harm, either through accidents or spreading
infection.
• Observing children and young people and accessing their development can alert practitioners if their progress is not broadly expected for children of their age. Relevant action and help can then be taken in partnership with parents and other professionals.
Outcome 2: Know how to address conflicts or dilemmas that arise between an individual’s rights and the duty of care
The potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights
Potential conflicts or dilemmas and individual’s rights involving children and young people could include:
• Attitudes/behaviour
• Abuse/taunting
• Aggression and violence
• Bullying and intimidation
• Vandalism
• Respecting others views and actions
• Safety and security
• Love and belonging
• Education
• Equality
All children and young people have rights, as set out in the UN Convention of the Rights of the Child.
Within a childcare setting, there may be times when a duty of care seems to conflict with other principles, that of respecting the rights of the child, young person and their families. An example of this could be an issue relating to the duty of confidentiality involving a child, young person and their parents. As a childcare practitioner it is important to remember a balanced approach when deciding which has the greater priority in certain circumstances. An issue may arise which would normally require complete confidentiality, but if not disclosed to the right person it may put the child or young person at risk.
As a practitioner it is extremely important to be sensitive when intervening in the lives of children, young people and their families. This may bring conflict involving their rights and responsibilities. It is important to balance a duty of care and the desire to keep children and young people safe whilst avoiding situations where the practitioner could intrude into their lives in ways that infringe their rights or the responsibilities of their parents. Parent’s rights are modified by their responsibilities. The Children Act 1989 clearly states that the welfare of the child is paramount and therefore the law often gives priority to children’s rights overriding the parents. All childcare practitioners must acknowledge parents’ responsibilities. Practitioners can play an important part in a child or young persons life, however it is a temporary part, therefore it is important to remember that their parents have the central and long-life role in the child’s life.
Other dilemmas that may arise within a childcare setting could include:
• Staff falling out
• Break of confidentiality,
• Swearing or bad behaviour,
• Absent staff members,
• Lack of teamwork.
Another example of conflicts and dilemmas between the duty of care and individuals rights may include staff having a difference of opinion, for example a staff member believing they have seen signs of abuse and another staff member thinking otherwise. This could lead to a conflict between the child’s family / carers, staff involved or other agencies such as Social Services.
How to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care
As childcare practitioners we can mange these risks associated with conflicts and dilemmas by: • Implementing policies, procedures and code of practise
• Acting in the individual’s best interest
• Allowing children and young people to explore with guidance
• Making children aware of potential hazards and dangers
• Allowing children and young people to acquire life skills through learning how to cope with risky situations
• Helping staff or parental ignorance
• Fostering a culture of openness and support
• Being consistent
• Following a system for raising concerns
• Maintaining professional boundaries
A duty of care could conflict with children and young people’s rights to have experiences, which facilitate their development and learning. Children play in order to work out new ideas, to test their own capacities and possibilities as well as the boundaries and limitations or the world around them. As children and young people play, they will make mistakes and accidents will happen. By exploring and experimenting children and young people develop confidence and competence in their own abilities. An element of challenge and risk taking is essential in enabling children to learn how to predict and avoid dangerous situations. As practitioners it is important not to become over-zealous about predicting possible hazards when children engage in play. Many play opportunities have risks, such as climbing, and risk taking itself is recognised as an essential part of growing up. Without these challenges and opportunities to assess risks, children and young people will not develop the survival skills they will need later in life.
Where to get additional support and advice about conflicts and dilemmas
Making judgements, as a childcare practitioner, which balance a duty of care and the rights of children, young people and their families may present professional dilemmas. Therefore in some situations a practitioner may need to seek support, advice or direction, either from their employer or sponsoring service or from a legal advisor. Additional support or advice may also be obtained from colleagues, senior members of staff, family, social workers or other professionals, Internet or policies and procedures within the setting.
At our Primary School there are policies and procedures in place to assist with this action. All members of staff are aware of child protection policies and procedures and who to seek advice and support from and how to act if there were suspicions that a child or young person was being abused.
If a childcare practitioner needs to seek legal advice they could contact their union.
Outcome 3: Know how to respond to complaints
How to respond to complaints
Parents have responsibilities to ensure their children’s welfare and to complain if they feel a setting is not exercising sufficient duty of care. A complaint could arise as a result of a potentially difficult dilemma, such as balancing duty of care with and an individual’s rights. Complaints should never be ignored.
A key fact for a practitioner to remember when handling any complaint is that it is not trivial to the person who is complaining and as practitioners we owe it to them to take it seriously, whatever the complaint is. It is impotant to listen to the complaint and record the information.
At our Primary School there is a complaints policy in place and everyone in the school is familiar with the procedures to follow. Within any childcare setting it is good practice to have a step-by-step list of procedures for those who work in the setting to follow. It is also important that the complainant has access to the complaints policy.
If a parent arrives in the setting with a complaint the practitioner should establish if this is something they can deal with personally. If it is, they can deal with it there and then or make an appointment to see the parent if they are currently otherwise occupied. If it is a matter that needs to be dealt with by a more senior member of staff then the parent can be referred in that direction. While the majority of minor concerns or complaints can be dealt with effectively by the practitioners themselves there may be occasions when a matter needs to be referred to the setting manager or in a school it maybe the head teacher or school governers. An example would include a parent’s dissatisfaction with a particular policy, a significant health and safety issue or a complaint against a member of staff.
The setting manager may be able to resolve the matter using their greater experience or decision-making capacity. The matter may need to be referred to the setting committee or governing body for discussion and clarification of policy. It is important that the complainant knows what will happen next as each stage.
Sometimes things can go seriously wrong and if these incidents are not dealt with properly it may not simply be complaints that are being dealt with but legal action. All childcare practitioners have a duty of care to children and young people and if a child falls off a table and breaks an arm because no one was there to see that the child was on the table in the first place, if this case investigation and legal action may be appropriate. Thankfully cases of negligence are very rare and this is testimony to just how seriously early years practitioners take their duty of care.
Practitioners who work within a local authority setting can seek advice from the education authority.
The main points of agreed procedures for handling complaints
The main points of agreed procedures for handling complaints include:
• The Complaints policy is a recorded and documented procedure and is available at all times
• The complaint is listened to and respected
• Complaints are normally dealt with by a nominated member of staff
• The complaint procedure is time-based and the complaint is dealt with in a documented time-frame
• The procedure must be clear
• There may be both formal and informal options