1.1 Explain your understanding of the term a "Duty of care".

Duty of Care is a legal requirement to always act in the best interest of

service users, not act in a way that results in harm and act within the law
and my competence .

1.2 What factors are you legally obliged to consider whilst

mantaining your Duty of Care(activity sheet 2).
My responsibilities under the duty of care are to do everything reasonable
within the definition of my job role to make this happen. Duty of care means
providing care and support for service users within the law and also i have to
follow the policies, procedures and agreed ways of working of my employer.
Policies and procedures are essential pieces of information that support me
in my role and enable me to work professionally and safely.They enable me to
provide a good quality service working within the legal framework and most
importantly aim to keep me and the individuals i support safe from danger or
harm.
It is important to only carry out duties that i am competent and confident in
under taking the duty and it is important that the task are in my job
description and declining care work that is not.My actions promote the safety,
welfare and interest of all service users by doing the following:

1. Follow the GSCC Codes of Practice and the 8 Core Care Valuesrespect,privacy,choice,rights,individuality,dignity,partnership and
independence;

2. Ensure that i maintain my knowledge and skills up to date by

attending training;

3. Do not work outside my level of knowledge and skills.

4. Follow the Mental Capacity Act 2005-that protect people who are not
able to make their own decision.
I work within the safeguarding policies and procedures and it is important
that I receive adequate training so that I can recognise and understand signs
of abuse.Duty of care and safeguarding work together because its my duty
of care to provide protection and safety for a vulnerable adult whilst at the
same time respecting their needs and choices.It is my duty to record of all
relevant information when an accident or incident occurs in the workplace. It
is my responsibility to report any improper conduct or suspicion that I think
may contribute to abuse.

2.1 Identify your Duty of Care obligations in balancing your

Duty of Care to protect individuals whilst respecting an
individual's freedom's,wishes and rights(activity sheet 3).
As care workers, i aim to help people live independently. That means
encouraging them to make decisions for themselves. When someone in my
care decides to do something that i think is unsafe, i face a dilemma (a
difficult choice between two decisions).During work i may find myself in
situations where the individuals i am supporting do not agree with what i
believe is best for them.
For example: The person Im care for wishes to make a cup of coffee by
himself, but Im afraid he may spill boiling water and scald himself. Forbidding
him to do it would be to deny him the right to free action, letting him do it
may put him in danger. Also the resident may wish to feed himself
independently, but he can hurt himself with the cutlery, or spill the food and
not feeding himself properly. Feeding him would affet his dignity as selfsufficient individual, but not helping him would be neglecting his basic
needs.The best approach would be to offer assistance and prevent the
risks.As we learned in Unit 1 it is important to communicate effective with
the resident in this case so he can understand the information correct and
make a choise.
In situations where there is a conflict of interest or a dilemma between an
individuals rights and my duty of care, it is best practice to make sure the
individual is aware of the consequences of their choice and that they have
the mental capacity to understand the risks involved in their choice.We
discussed this in the Risk Assessment Workshop.
I have a duty of care to others, but they have a right to make their own
decisions and to achieve these can be difficult. Sometimes it is not possible to
grant soneones wishes, if they are planning to do something that will cause
harm to themselves, to others or is illegal.If a client refused to take their
medication I would be faced with the dilemma between my duty of care and
the individuals rights. If this situation arises I would explain to them the
reasons why they have been prescribed this medication, advantages it has
for their wellbeing and the disadvantages it would have if they dont take
it.People have a right to expect they will be kept safe and not neglected, or
exposed to risks, i owe a duty of care to the people i support.As seen in the
Mental Capacity Act I should think about if what i am doing is best for my
client and that i am not putting them art harm or risk, and that i respect their
wishes and retain their dignity.
Unit 5 PRINCIPLES OF SAFEGUARDING AND PROTECTION remember me that
also in my job role i have a duty of care to raise any concerns i may have

about any aspect of my work. These can range from poor working
conditions, poor equipment, poor practice by other staff and raising concerns
about potential abuse cases and situations of neglect. It is my duty of care to
safeguard individuals from harm. All employes should report any concerns of
abuse they have.

2.2 Identify the sources available to you when is needed in

mantaining your duty of care and explain the type of support
they could provide you.
If i am unsure about how to respond to a dilemma between my duty of care
and a persons rights, the first person i would approach is my manager.

5. My manager should be the person to whom i initially ask for advice

when handling comments and complaints;

6.

An advocate could be a person that supports a service user when

needed and help with advising about how to resolve dilemmas.There
are specialist advocacy services available, e.g. for people with learning
disabilities;

7. GP offer medical advice and treatment;

8. Colleagues and care proffesionals offer information and advice where I
have difficulty in learning and give constructive feedback;

9. Person's family and friends-support and guidance in certain situations;

10. Another sources of knowledge and support are: books, publications, TV
and radio, documentaries and educational programmers, government
websites, conferences and staff meetings.The library service provides
access to the latest publications, audio visual material and internetbased resources;

11. Supervision is also an opportunity to seek and receive emotional

support for undertaking what can often be a demanding and stressful
role,reflect on my own professional development;

12. CQC-if they have concerns that a provider is not meeting essential
standards of quality and safety, they will act quickly and using
enforcement powers if necessary.

13. An IMCA is a specific type of advocate that has to be involved if there

is no-one appropriate who can be consulted.They support the person
who lacks capacity and represent their views and interests to the
decision-maker.

3.1 Explain why is it important that service users are informed

how to complain.
The complaints procedure is an important tool for service users.If a service
user or group of service users feel that decisions are being made without
their consultation, or that they are not being properly involved in the decision
making process they have the right to use this as grounds for making a
complaint against staff, management committee members or other service
users.Staff should ensure that all new service users are aware of the
procedure and know how to complain.
The complaints policy ensures that service users are given a good service
and protected from harm and abuse as all complaints have to be responded
to and regulatory bodies notified.
Should any complains arise then i should always be respectful to those
making the complaint. I should listen to what they have to say and report it to
the appropriate person. If required i should take note of the details i need to
pass on. I could also inform my managers if someone wishes to make a
complaint.
Also a complain is a mechanism of monitoring and improve the quality of the
service.It protect an abuse and poor practice.

3.2 a)What are the main points to consider when handling a

complain?
Complaints are an expression of dissatisfaction and should be taken seriously,
dealt with in a timely manner, reviewed and used to improve services.
The process should be easily accessible as it is a way of safeguarding the
service users from possible abuse.The main points to consider when handling
a complain are:

Take the person to a quieter location to talk about the complaint;

Listen to the complaint;

Take the complaint seriously;

Be polite, under no circumstances loose temper;

Try to defuse the situation;

If appropriate, apologise, but do not try to resolve;

Inform the person of the complaints procedure and ask if you can be of
any further help;

Thank the person;

Inform the manager.

b) Describe the role you have in responding to any complains.

Responding to complaints includes:
- listening to the complaint;
-giving the complainant time and respect;
-have regard to confidentiality;
-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.

c)Describe the role of the local government ombudsman.

One of the main roles of the Local Government Ombudsman Service is
the receipt and investigation of complaints of maladministration made
against a number of public bodies , including councils . The Local
Government Ombudsman is an independent of local councils.