Introduction to duty of care in health, social care or

children’s and young people’s settings

Ref 24 Dip. Ref 204
1. Understand the implications of duty of care

1.1 204.1.1 Define the term ‘duty of care’

Duty of care is a requirement that a person act toward others and the public with
watchfulness, attention, caution and prudence that a reasonable person in the
circumstances would. If a person's actions do not meet this standard of care, then the acts
are considered negligent, and any damages resulting maybe claimed in a lawsuit for
negligence.
1.2 204.1.2 Describe how the duty of care affects own work role
The duty of care I have in my job is to keep myself safe and my service user safe. It means
being updated on any new training, following all and any security procedures in order to keep things
safe. If I have concerns about a client’s care needs not being met, a colleague’s competence or
equipment that may have a detrimental effect on client or staff care I would raise concerns and
make them known. I would document my concerns & keep a copy for my own records. If I remain
unhappy or do not feel that my concerns are being listened to, I would go higher. If my manager
asks me to do something and I don’t feel competent to do so – I speak out.
2. Understand support available for addressing dilemmas that may arise about duty of care

2.1 204.2.1 Describe dilemmas that may arise between the duty of care and an individual’s
rights

Sometimes individuals may want to do something which could be a risk to their Health and
safety. As a care worker I have a duty of care to that person and I must do all that I can to
keep them safe but I also have a duty to respect the individuals rights and choice, so I have
a dilemma. It could be that the individual no longer wishes to use her walking frame, but her
care plan states that she needs it to move from place to place and I’m to ensure my
encourage it’s use. In this scenario I could carry out a risk assessment to ensure that it is
managed as safely as possible. I would need to explain the risks involved to the individual
and make sure they understand. I could come to a compromise, to use a stick for a while
instead, to see how they managed, then monitor the situation. All this should be
documented including any risk assessment carried out. If the individual still insists on
walking unaided I should get them to sign to say they are aware of the risks involved.

2.2 204.2.2 Explain where to get additional support and advice about how to resolve such
dilemmas
 To get additional support and guidance on conflicts and dilemmas would be to talk to my
line manager, colleagues or get information from outside agencies or the internet, or at my
work office.

3. Know how to respond to complaints

3.1 204.3.1 Describe how to respond to complaints
Handling complaints effectively and fairly is an important part of maintaining trust in the
profession. It states I have to deal with client’s complaints promptly, fairly, openly and
effectively. It also requires you to provide clients with information on the complaints
handling process. I should never ignore complaints, even if they appear very minor. My
client may escalate the complaint, and even if they don't, they may share their
dissatisfaction with others, damaging my firm’s reputation.
Most clients expect the response to their complaint to mirror the form that the complaint
was made in. If a complaint was made via email, the response should normally be via
email, unless the complainant has requested otherwise. It may be useful to restate my
understanding of the complaint at the start of response. The response should be easy to
understand and set out not only my decision, but how I came to my decision. If I find
evidence of poor service I should acknowledge this and provide an appropriate remedy.
This might include an apology, putting things right or compensation for loss suffered.

3.2 204.3.2 Identify the main points of agreed procedures for handling complaints
All complaints, no matter how seemingly unimportant, should be taken seriously.
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 and the procedure is clear.

Source
www.ocr.org.uk
www.dataprotection.ie
FrameworkfortheAssessmentofChildreninNeedandtheirFamilies,DepartmentofHealth,
Bronfenbrenner,U.(1979)TheecologyofhumandevelopmentCambridge,MA: Harvard,
UniversityPress UK(2000)
Hardiker,P.&Baker,M.(1995)TheSocialPolicyContextsofChildCareLondon:NSPCC
Corporate Social Responsibility: Doing the most good for your company and your cause by
Philip Kotler and Nancy Lee
Social Work. Themes, issues and critical debates, edited by R. Adams, L. Dominelli,
M. Payne, Palgrave, 2002