Principles for implementing duty of care vs rights of an individual

BI – Describe two situations which demonstrate a conflict or dilemma between exercising a duty of care and the rights of an individual

Conflict and dilemmas may arise between the duty of care and individuals rights could be staff having a difference of opinion over an service user for example a staff member believing that they have seen signs of abuse and then another staff member denying this assumptions, this then can lead to conflict betweens the staff members and the individuals family/ carers if the members of staff involved any other agencies such as social services , GP , health visitors , school and police.

Dilemmas could be knowing when and how to get further help regarding child/adult protection and certain safeguarding issues for example if you saw abuse take upon a child/ adult and did not refer the case to social services the individual might still continue to suffer abuse which may result in serious injury and consequences to the member of staff that didn’t report the situation.

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Another dilemma would be knowing when to break confidentiality and share information. If you have any concerns about an individual or feel that they are at risk you need to seek further advice and report it.

It is always important and your duty of care as a service provider to individuals that if you see or know about someone who is being abuse or treated unfairly to report it as soon as possible to higher authority and let them take their course in getting the situation dealt with, it is always better to report the situation straight away then later on as it may turn out worse than it was before, it may result in the individual being seriously harmed.

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Other dilemmas in our setting could be:-
• Staff falling out,
• Break confidentiality,
• Swearing and behaviour,
• Absent staff members,
• Lack of team work

BII – Choose one of the situations and describe how best to manage the risks involved, explaining the reasons why this would be best practice

There are many ways to manage risks associated with conflicts and dilemmas: Allowing individuals to explore with guidance – it is about letting individuals be as independent as possible but also guiding them as and when they need it, such as being a carer, it is about supporting them to the toilet or getting in and out of bed, feeding and bathing. When working with children you can give them guidance on what’s right and wrong, give them guidance so that they are able to trust you and can tell you when anything is wrong so that you can give them the right support, you can also give them guidance on going to the toilet , showing them how to be kind to other people , how to contribute to society , how to respect themselves and their elders. Making individuals aware of potential hazards and dangers – Its about letting the individuals be as independent as possible but also making them aware of the potential hazards and dangers around them such as making their room as safe as possible but letting them know of the risk and hazards that are around them it could range from a bedside cabinet to getting in and out of bed on there own.

When working with children wherever you take them you always carry out a risk assessment, you would question the children as to how they thought they would behave as depending on where you were taking them , the expectations of where you was taking there e.g. the zoo that they follow the zoo’s rule for protection of the animals. That they also self assess their own behaviour and safety, is it safe to do this? If not why ? And what can I do instead? Allowing individuals to acquire life skills through learning how to cope with risky situations – when working with the elderly you always allow them the opportunity to be as independent as possible which may from time to time involve risky situations , you also allow them to develop different life skills from dealing with risky situations , an example of this could be that an individual has decided that they don’t need assistance any more when going to the toilet and want to do it by themselves cause they feel they are more than capable of doing it themselves , you as a carer know that this could make a risky situation for the individual but are willing to accompany them in doing so , this allows them to challenge the risky situation and acquire new life skills.

You should always allow an individual their independence but also be aware of the risks involved when doing so. When working with children , on a day to day basis they are always acquiring new skills and challenging themselves , taking risks in doing so. Children love exploring and when they see something that could be dangerous , they love taking the risk, so it is important as a teacher or assistant to manage the risks but also allowing them to explore for themselves , this is showing best practice cause not only are you letting the individuals acquire new life skills and challenge risky situations you are allowing them their independence but also manage the risks that they are about to take before they happen so that no one is going to come to any harm.

BIII – Explain where a social care worker can find advice , support and information relating to conflicts and dilemmas in adult social care.

There are several ways that care workers can find support and advice relating to conflicts and dilemmas these can include: Their manager – Your manager would be your first porta call when needing advice before going to anyone higher as they should always be there to help you when you need help with anything. Legislation – Legislation is key to everything its what you have to abide by and what is there when you need help with anything regarding work Policies and procedures – these are very important in any work role if you do not abide by the policies and procedures you as a company can get closed down and individuals can be at risk.

Colleagues – before speaking to your manager for help you can also get advice from your former colleagues and see if they are able to help you with the situation Union – The Union is dedicated to serving the best interests of its members and will seek to improve their standard of living and the quality of their lives through effective relationships with employers and government. Their structure means that they can represent your interests effectively in your workplace. Members of the Union are entitled to a range of legal and member services with representation services covering a range of issues , both inside and out of the workplace CQC – Care Quality Commissions – They monitor , inspect and regulate services to make sure they meet fundamental standards of quality and safety , they are also they to help when you need it.

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Principles for implementing duty of care vs rights of an individual. (2016, Sep 25). Retrieved from

Principles for implementing duty of care vs rights of an individual

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