1. Explain what it means to have a duty of care in own work role
Duty of care is a requirement that a person act toward others and the public with watchfulness, attention, caution and 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 negligence
2. Explain how duty of care contributes to the safeguarding or protection of individuals Duty of care contributes to the safeguarding of individuals because as a social care worker you are responsible to; Recognise physical, emotional and psychological needs of individuals by understanding what is required for health and well-being, to observe and record ‘indicators’ of differences and changes and to show empathy and support. Anticipate danger and manage risks by carrying out assessments, avoiding hazards and carrying out health and safety checks Intervene and support in the event of illness and injury by carrying out first aid, seek help or advice, communicate with health professionals and relatives and report to appropriate authority
3. Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights
Sometimes individuals may want to do something which could be a risk to their Health and safety. As a care assistant you have a duty of care to that person and you must do all that you can to keep them safe but you also have a duty to respect the individual’s rights and choice, so you have a dilemma. It could be that the individual no longer wishes to use her walking frame, but her care plan states that she needs it to move from place to place and you are to ensure you encourage its use. In this scenario you could carry out a risk assessment to ensure that it is managed as safely as possible.
You would need to explain the risks involved to the individual and make sure they understand. You could come to a compromise, to use a stick for a while instead, to see how they managed, then monitor the situation. All this should be documented including any risk assessment carried out. If the individual still insists on walking unaided you should get them to sign to say they are aware of the risks involved.
4. Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care
There are many ways to manage risks associated with conflicts and dilemmas:
Allowing individuals to explore with guidance,
Making individuals aware of potential hazards and dangers,
Allowing individuals to acquire life skills through learning how to cope with risky situations,
Parents are a risk to staff if reported to social services.
5. Explain where to get additional support and advice about conflicts and dilemmas
the person’s family and friends
6. Describe how to respond to complaints
listening to the complaint
giving the complainant time and respect
recording the information
reporting to a senior member of staff
accessing the Complaints Policy
ensuring the complainant has access to the Complaints
Policy ensuring the complainant knows what will happen next.
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.
7. Explain the main points of agreed procedures for handling complaints
The Complaints policy is a recorded and documented procedure that is available. The complainant is listened to and respected.
The Complaints Policy is time-based and the complaint is dealt with in a documented time-frame. Complaints are normally dealt with by nominated members of staff. The procedure is clear
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.