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Principles of Implementing Duty of Care in H&S Care or C&Yps Settings

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    Candidate Name: Kate Harden Evidence No …………………. Level 3 Diploma in Health and Social Care, Children and Young People (Also see additional guidance notes for individual units) Unit 4222-304 Principles for implementing duty of care in health, social care or children’s and young people’s settings. Assignment – Short Answer Questions LO 1 1. 1 Explain what it means to have a duty of care in your work role.

    Duty of care is defined as ‘legal obligation to take reasonable care to avoid causing damage’. Duty of care in my role at work includes keeping the children safe and away from harm at all times whilst under my care but also to allow them to take risks and learn from their own experiences as well. My duty of care also includes making sure the children look presentable for school, attending school, make sure they have adequate clothing/bedding, keep them away from alcohol and drugs and prevent them from absconding.

    The safety of the children is the main priority of my job role, of course I cannot always prevent all of these things happening for example they are on family contact or if they lie about where they are but I have to follow behaviour management strategies which are laid out in all of the children’s care plans to do my very best for the children. 1. 2 Explain how duty of care contributes to the safeguarding or protection of individuals. When I work with children and young people my duty of care towards them is a huge responsibility, as I also take on what is known as ‘loco parents’.

    This means that when a child or young person is in my care, I take on the same responsibilities to ensure their safety and well-being as their own parents. This includes the responsibility to see that children’s rights are promoted and their needs are met. LO 2 2. 1 Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights. Legislation and the individual rights of children, young people and adults are often complex, and there are times when aspects of them seen to conflict.

    When this happens, a practitioner may find themselves in a dilemma between the duty of care they have for a child or young person, an individual rights of their parents or carers. Balancing duty of care with challenge and risk can also present potential conflict. This is because I have a duty of care to keep children and young people safe; but children and young people have the right to play and explore. As mentioned above I have to allow them to take some risks so they can develop and also for them to build resilience towards all that life throws at them. . 2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care. It is essential to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care by finding a level of balance. It is important that the care giver put personal feelings aside and look objectively at the situation. The right action should always be taken even if emotionally this is hard to do.

    If I exercise my duty of care I would ensure that I would do so sensitively and with greatest regard for the rights and responsibilities to the young person and their parents as this will help me to avoid becoming involved in conflict or dilemma. 2. 3 Explain where to get additional support and advice about conflicts and dilemmas. Give any examples of when the above has happened in your work practice. If I find myself in conflict or a dilemma over my duty of care and the rights of a young person or their family I can ask senior colleagues for advice or support.

    There are also policies and procedures in place to guide me. In Child Protection cases I could also access additional support and advice from social services professionals and the National Society for the Prevention of Cruelty to Children (NSPCC). Examples of when the above have happened in my work practice include: * Two members of the care team had Child Protection cases on them from an incident with a female young person. To reduce conflict I worked with that female YP on more of my shifts, as soon as the cases were cleared everything went back to normal. Recently a child was given a music concert overnight stay for her birthday present from I house, I was meant to be taking her. However two nights previous she spent the whole night in A&E through excessive alcohol consumption after getting alcohol from a stranger. It was decided after risk assessing the trip that the risk was too high. There was conflict between the house and her family. They said it was awful to take away her birthday present but we decided that the trip would not get ahead. LO 3 3. 1 Describe how to respond to complaints. All complaints within our house are recorded and taken seriously.

    We have an agreed formal complaints procedure in place to ensure that all complaints are recorded and then handled professionally. When the children have made complaints no matter how insignificant I have always responded professionally and provided them with a complaints form and sat and guided them through it talking about their issue. I have then handed it to my manager for it to be correctly recorded and dealt with. The children then receive a letter either from the manager of the house or the manager of the company. By seeing that their complaint has been looked at it makes them feel valued and that their opinion is important. . 2 Explain the main points of agreed procedures for handling complaints. Read the policy and training manual and care standards for complaints and representations. Give any examples of when you have dealt with a complaint. The main points of agreed procedures for handling complaints include: * Who the complaint should be raised with in the first instance- the manager, and how it will be recorded. * What will happen as a result- usually a discussion between the manager and the parent. * How progress will be documented throughout and the parents will be kept informed. If actions to rectify an aspect of the service are to be taken, details of how this will be done, documented and evaluated. * The accepted timescales for handling a complaint. (If the matter is not resolved, there may be an investigation by the manager and the parents will be informed and kept up to date). The only complaint that I have dealt with was helping a male young person fill in a complaint form as he felt he was being unfairly treated in comparison over the eldest young person over the sanctions she had to carry out compared to sanctions that he had had in the past.

    I helped him with this and brought it into my manager and she looked into this. Around a week later my manager sent him a letter detailing his complaint and a follow up from this, the male young person was happy that his complaint had been taken seriously and that his point and opinion was valued. Reference – Children & Young People’s Workforce – Miranda Walker Candidate signature …………………………………………………………….. Date …………………………… Assessor/Expert Witness* signature …………………………………. ……….. Date …………………………… *delete as appropriate Internal Verifier signature (if sampled): ……………………………………… Date ……………………. ……

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    Frequently Asked Questions

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    How does duty of care contribute to safeguarding?
    This is because such settings often care for those who are 'vulnerable', such as children or adults with support needs. As a result, safeguarding and your duty of care go hand in hand. You have a duty to safeguard individuals, promote their wellbeing and ensure that people are kept safe from abuse, harm or injury.
    How duty of care contributes to supporting individuals rights and choices?
    In terms of supporting individuals' rights and choices, the duty of care can mean making sure that people have what they need in order to make decisions for themselves, such as food, water, shelter, and safety. It can also mean providing information so that people can make informed choices.
    What is the standard duty of care?
    Duty of care refers to a fiduciary responsibility held by company directors which requires them to live up to a certain standard of care. This duty—which is both ethical and legal—requires them to make decisions in good faith and in a reasonably prudent manner.
    Why is it important to have a duty of care?
    Not only is providing a duty of care to employees a moral and legal issue, it's also a good business practice. Knowing that your employer has your back can be positive for staff retention, moral, and overall productivity.

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