Duty of Care Flashcards
What is duty of care?
A legal obligation to do everything you can to keep individuals safe from harm.
Working in line with legislation to protect individuals from harm, abuse and neglect.
Acting within the individual’s best interests.
Describe how duty of care affects your work role.
Supporting individuals to live in an environment free of prejudice.
Reduce the risk of harm, abuse and neglect.
Gaining consent of the individual to act in their best interests, unless stated in the MCA or care plan.
Provide care and support to meet the needs of the individuals.
Promote individuals’ wellbeing and independence.
Involving and respecting the individual in any decision affecting their care and support.
Raising concerns if needed.
Describe any dilemmas that may occur between duty of care and individual’s rights
Make sure the individual is aware of any consequences.
The individual has a right to make informed choices with their life, even if you disagree or it is against their best interests.
Mental Capacity Act (2005)
People who have had a stroke People who have had dementia Acquired brain injury (trauma) Individuals with learning disabilities Substance misusers
Explain what you must or must not do with conflicts and dilemmas
You can only advise and encourage the individual if they want to do something “risky”
e.g. refusal to take medication
The individual has the right to make their own choice and if this doesn’t change they should carry it out.
Explain where to get additional support with such dilemmas
Online resource pages Policies and procedures Supervision Work colleagues/ other professionals Assessment/ eLearning Individual's family and friends Training courses
Demonstrate how to respond to comments and complaints
Every complaint should be:
- Taken seriously
- Be acknowledged within a specific time.
- Have time limits for preliminary investigation.
- Be monitored and progress reported to the complainant.
Describe who to ask for support when dealing with complaints.
If you are unsure, ask your manager.
Some may need an Independent Advocate.
What will an independent advocate do?
Support them to make a complaint and until it's been dealt with. Give impartial advice Helping to write letters. Attend meetings. Make sure views are heard.
Explain the importance of learning from comments and complaints to improve service quality
Find out how people perceive your service.
Know Understand Do
Describe how to recognise adverse events, incidents, errors and near misses
Incident- something that has happened, whether it’s an accident or not.
Accident- Unfortunate event that happens unintentionally.
Adverse events- accidents and incidents
Error- a mistake
Near Miss- a situation that has narrowly avoided becoming an incident, accident or error.
It’s important to recognise these so the mistakes can’t be made in future.
Explain what you must and must not do in relation to adverse events, incidents and errors
Emergency First Aid- do not do it unless you are trained.
Immediately raise the alarm in a fire.
Write everything immediately after an event.
Reflecting on your situation.
List the legislation and agreed ways of working
Public Interest Disclosure Act 1998
Whistleblowing Policy
Fundamental Standards
List the factors and difficult situations that may cause confrontation
Confusion, fear, anger, upset, feeling threatened, exclusion
Differences in belief or opinion
Dislike of change/ resistance of change
Describe how communication can be used to solve problems and reduce confrontation
Use communication that is positive and constructive
Outline issues in full so each person involved is aware of all implications
Establish good rapport
Set a time frame for the discussion
Make sure you are in a suitable environment
Work to cool down the debate in a tense confrontation
Acknowledge emotions and different styles of expressing pain/upset/anger etc.
Use people’s names and, if appropriate, titles throughout
