A Duty of Care
1.1 Explain what is meant to have a duty of care in own work role Duty of care is a requirement to exercise a reasonable degree of attention and caution to avoid negligence which would lead to harm to others. Staff to be vigilance and attention keeps individuals safe as they develop: A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard and reasonable care while performing any acts that could foreseeable harm others. By including, daily cleaning rotas for staff to stop spread of germs and infections. To have first aid trained staff and to include body maps for when individuals go home and come back from home if they have any marks, cuts or bruises on them. Duty of care includes the following:
to keep individuals safe
to keep individuals free from harm
to give choice
1.2 Explain how duty of care contributes to the safeguarding/protection of adults Duty of care is to keep individuals safe and to protect them from sexual, physical and emotional harm. Individuals have a right to be safe and to be treated with respect and dignity. We as adults must take reasonable steps to ensure the safety and well-being of individuals. Failure to do this could be regarded as professional neglect. Duty of care safeguards individuals by the setting having done risk assessments and precautions taken to avoid accidents of the spreading of infections. Follow the correct procedures if you have any concerns for the individual’s well-being, set clear boundaries, depending on age, stage and development and discourage any behaviour, which could result in individuals being harmed or upset. Assessments and observations can alert you to any problems that may need addressing and the discussions with parents and other professionals. Always listen to individuals and take any concerns they may have seriously.
2.1 Describe potential conflicts/dilemmas that may arise between the duty of care and an individual’s rights Working with individuals has a significant duty of care. Individuals who are younger and more vulnerable need greater care. The attention and vigilance of the staff helps to keep them safe as they develop, gives the individuals understanding to be able to for see and cope with potential dangers and have an understanding that their actions may hurt and upset others, also communication to be able to talk about the harm others may be doing to them. The duty of care contributes to the safeguarding and protection of individuals this can be carried out in a variety of ways:-
• Risk assessment both inside and outside.
• Avoiding potential hazards, which could lead to harm through accidents or spreading infections.
• Having clear instructions and set boundaries.
• Observing individuals and assessing their development.
• Working with parents and other professionals to aid individuals development.
• Hold a relevant Safeguarding Certificate.
• Have a member of staff who is SENCO trained (Special Educational Needs Co-Ordinator). Conflicts and Dilemmas that may arise between the duty of care and individuals rights could be staff having a difference of opinion over a individual for example a staff member believing they have signs of abuse and another staff member thinking they don’t. This could lead to conflict between the individuals family / carers if staff involved other agencies such as Social Services. Dilemmas could be knowing when to get further help regarding child protection and safeguarding issues for example if staff did not refer the case to social services the individual might still continue to suffer abuse. Another dilemma would be knowing when to break confidentiality and share information. If you have any concerns about a individual or feel they are at risk you need to share them and report it, it is always better to be safe than sorry. Other dilemmas in our setting could be:
• Staff falling out,
• Break confidentiality
• Swearing and behaviour
• Absent staff members
• Lack of team work
There are many ways to manage risks associated with conflicts and dilemmas:
• Allowing individuals to explore with guidance
• Making individual aware of potential hazards and dangers
• Allowing individuals to acquire life skills through learning how to cope with risky situations
• Staff ignorance
• Parents are a risk to staff if reported to social services One example could be how less healthy food choices involve personal taste preference, cultural upbringing, parent’s and carer’s guidance, all of which are individual’s right and responsibilities. Dilemma:
Staff are aware healthy foods benefit both growth and development now and as considerations for the child’s future health. Dilemma & conflict:
How can help the child understand and select healthier food options and support the family or parent in assisting staff with this. How can this be done without causing upset, unnecessarily interference, invading that family’s privacy or demean their cultural heritage
2.2 Describe how to manage risks associated with conflicts/dilemmas between an individual’s rights and the duty of care To manage risks associated with conflicts and dilemmas and child protection issues can cause conflict with parents if staff report them and dilemmas that staff might come across. Conflicts such as; Manager to staff, staff to manager one staff thinking there is a problem another thinking there is no problem. There could be conflicts between abuser and carers regarding an allegation that were made and this could mean conflicts between staff and staff, parent or carer and staff, staff and parent or carer etc. Dilemmas will be when to get help regarding child protection issues e.g. if you do not refer case, the child might continue to suffer abuse. You should know when to share information with others in aspect of confidentiality. If you sure, the child is at risk and see any concerns regarding any child you should report it, like the motto better safe than sorry.
Avoiding potential risks which could lead to harm through accident or spread of infection: While individuals have the right to explore we must still follow policies and procedures regarding accidents and infection Having clear instructions and setting boundaries:
For staff this is policies and procedures. For individuals we should have rules to follow around the setting.
Observe individuals and assess development:
Part of duty of care is to assess development and be aware of any indication that their development is not as broadly expected for their age.
2.3 Explain where to get additional support and advice about conflicts/dilemmas Manager or headteacher or lead, supervisor, committee chairperson, SENCO (Special Educational Needs Co-Ordinator) Settings paperwork – policies, procedures, contract, publications, framework pages, laws Staff colleagues
Where appropriate the settings parent partnership
Advisory teacher services
Local authority and their online information: direct.gov.uk
Charity and support groups
Nationally head offices
Local safeguarding teams
Local children and information services – early years development officers Local health visitor
Local behavioural support team
Child protection team
Other professional service providers: speech therapy, fire safety, police, life guard, rspca Websites – NHS, Doh, HSE, CAPT, Ofsted, CAB, NSPCC, business link Trade union representative
Local library where reference and research books might support new knowledge
3.1 Describe how to respond to complaints
Responding to complaints includes:
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
Main points of agreed procedures for handling complaints include: 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
There may be both formal and informal options.
3.2 Explain the main points of agreed procedures for handling complaints A complaints procedure sets out a plan of actions that ensure the complainant knows what to expect and reassures the staff member that they’re following a series of steps that can be considered as complying with legal requirements or ensuring best practice.
The main points for handling complaints is
A time frame
A verbal response
A mutually agreed time & place for a meeting
A written response
Follow up – where if the matter remains unresolved the complaint needs to be put into writing for a higher authority’s awareness.
You have to approach the senior on shift, manager or team leader if you have a complaint or you could write it down and give them the note about the complaint.