1. Anna, define the term ‘duty of care’
The term “ Duty of care” refers to the obligations and responsibilities. It is a key concept in working with other human beings. It is a legal term for safeguarding yourself and people that you care for. First and foremost it means to provide care and support to individuals within the law and also within the policies and procedures provided by your employer and to follow agreed ways to work with certain service users. Substantially you must do everything that you can to keep the people who you care for safe from harm. It is not only the care establishment that needs to prioritise safety, welfafre and the intrests of the people using its services but also the care workers of the establishment. It is about keeping the service users independence, give them the possibility of free/ own choice, to support and enable them to live within an environment free from prejudice and safe from abuse and bulying. Everyone is entitled to their own opinions and choices, everyone can contribute to the society and we should respect that at all times while promoting them as an individual.
2. Please describe how the duty of care affects own work role.
The duty of care affects my own work role as I am a support worker so I have to ensure I carry out a duty of care to all the service users I work with. People have a right to expect they will be kept safe and not neglected, or exposed to risks, I owe a duty of care to the people I support. I always have to think about if what Iam doing is best for the service users I attend and that I am not putting them at harm or risk, and that you respect their wishes and retain their dignity. In general I heve to work and carry out my tasks in a person centered way. Duty of care means as well that I always have to try to improve myself, keep my knowledge & skills up to date. I should I know what must be done to ensure that the service can be provided safely (workig acording task sheets). I keep accurate records as appropriate and I protect confidential information except where it conflicts with public interest or safety. And last but not least, every support worker has a duty of care not just towards clients but to themselves and their colleagues. It can be applied to every aspect of work, from duties to undertake to equipment that may need to carry out working safely .
3. Describe dilemmas that may arise between the duty of care and an individual’s rights
There are many dilemmas that may arrise between the duty of care and the individuals rights for example one service user is estimated to be able to walk down to town he is prone to falling down, and usually refuses help in carying out his personal care so when he goes out to interact with society he seems negeted hovever I as his crer canot prevent him from going out because it is his right. Althught I have a duty of care to protect that client but alsohe has a right to be able go out and interact with the society. So I have a duty of care to others, but they have a right to make their own decisions and to achieve these can be difficult. Sometimes it is not possible to grant soneones wishes, if they are planning to do something that will cause harm to themselves, to others or is illegal.
A very good example for this kind off dilemas is the refusal of blood products by Jehovah’s Witnesses Many Jehovah’s Witnesses have strong objections to the use of blood and blood products, and may refuse them, even if there is a possibility that they may die as a result. One should not make assumptions about the decisions that a Jehovah’s Witness individual might make about treatment with blood or blood products. You should ask for and respect their views and answer their questions honestly and to the best of your ability. You must seek guidance and inform others who may have an interest in this situation such as your managers, it will be their decision to inform others as appropriate.
4. Anna explain where to get additional support and advice about how to resolve such dilemmas.
There are many conflicts or dilemmas which could occur within my workplace, some may be minor and some serious which could put a person or others at risk. In situations where there is a conflict of interest or a dilemma between an individuals rights and your duty of care it is best practise to make sure the individual is aware of the consequences of their choice and assess whether they have the mental capacity ( mental capacity act ) It is their right as an individual to be able to make informed choices about their own lives even if you I dont agrre with them, then it is good to seek advice. Firstly I would go to my teamleader, supervisor or manager to make them aware of the issues and ask for extra help They will also be able to get help from other sources eg Doctor or other healthcare professional. Additional Support may come from:
• Families and friends of the individual
• Care Standards Inspectors
• Social workers
• Community Psychiatric Nurses
• Health Visitors
5. Describe how to respond to complaints
Whilst it is recognised that having a robust and effective complaints procedure which residents feel able to use is essential, this should not mean that the opportunity to make constructive suggestions (rather than complaints) is regarded as less important. Making suggestions about how things might be improved may create co-operative relationships within the home and prevent situations where complaints need to be made from developing. However, it is important to remember that many individuals do not like to complain – either because it is difficult for them or because they are afraid of being victimised. Responding to complaints, whether made by a parent or a staff colleague, you should always keep professional and listen to what the person has to say. You should keep calm and by being respectful and apologising when necessary which helps to diffuse potential conflict. Complaints need to be resolved as quickly as possible and constructively to avoid creating a bad atmosphere for all those involved.
When responding to a complaint, it is important to listen to the other person’s point of view. You should avoid making personal comments and focus on the facts throughout. Always apologise if you are wrong and explain how you will resolve the situation. If a member of staff or a parent wishes to make a complaint they should discuss their complaint with the setting leader first where most complaints can be resolved quickly. If the parent or member of staff is not happy with the outcome they should then put their complaint in writing to the setting leader who can then pass the details onto the owner or chairperson of a committee run setting.
The setting will look into the complaint and once they have come to a conclusion the setting leader can arrange a meeting with the person who made the complaint to discuss the outcome. If the person is still not happy with the outcome they can ask for a further meeting with the setting leader and the owner or chairperson where they can also invite a representative. They can then all meet up to try and come to a conclusion. Everything at this meeting will be noted and recorded. If the complaint can still not be resolved at this meeting then a further meeting can be made where an external mediator is invited.
6. Identify the main points of agreed procedures for handling complaints. I have to be aware of the importance of an accessible complaints procedure for reducing the likelihood of abuse
Know hoe to follow Policies and procedures
Many people, especially the individuals you support, do not know how to make comments or complaints. Some individuals will feel uncomfortable about making complaints as they do not want to cause trouble and they do not want to risk services being reduced or removed. Every complaint should:
Be taken seriously and dealt with promptly and fully
Be acknowledged within a specified time
Have time limits for preliminary investigation
Be monitored and progress reported to the complainan
If a complaint is made you should
Not try to resolve the matter yourself
Not discuss the matter with the person making the complaint Not promise you can sort it out
Not discuss the matter with anyone other than your manager Provide any information quickly and accurately
Training materials proided by Magdalena Orlikowska
Courtney from Study Moose
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