Technical Certificate Workshop

304; Duty of Care

1August 2012

Aims and Objectives

The aim of this session is To leave with a completed task workbook which covers Duty of Care,

Safeguarding individuals, managing conflicts, comments and complaints.

The objectives for the end of this session are; You will be able to demonstrate an understanding of ‘Duty of Care’. You will be able to demonstrate your duty of care, to safeguard the individuals

you support. You will be able to demonstrate how to recognise and manage conflicts or

dilemmas You will be able to demonstrate how to utilise your complaints procedure and

how to manage complaints.

2August 2012

Brainstorm; What is Duty of Care?

• See unison handout

3August 2012

Duty of Care• In relation to Health and Social Care;

– Where reasonably possible, your actions must not place an individual at risk of danger, harm or abuse when caring for them.

– Action must not disadvantage against any service user.

– By taking a job in care you are taking on a duty to care, therefore you owe it to your service users to care for them.

– Negligence is not acceptable.

4August 2012

Brainstorm; Breaching Duty of Care• Look at the following statements and decide which breach/do not

breach, duty of care;• “I’m not sure how this hoist works but I will have a go at lifting x and

see how it goes”• “The meds sheet has not been signed bit I’m sure x was given them

so we will be okay”• “If we prepare that for tea, x will not be able to eat it so lets look at an

alternative”• “We better not use the lift as x got very agitated last time we used it.

Lets take the stairs instead”• “We will get back early so I can get x to bed. I’m just too tired!”

5August 2012

Brainstorm; Upholding Duty of Care

• What do you see?This film is based on a poem titled “What Do You See?”

found by nurses going through the possessions of an old lady who had died in the Geriatric Ward of Ashludie Hospital near Dundee, Scotland.

It follows a day in the life of an elderly stroke victim, who makes a silent but heartfelt plea for her caregivers to notice her.

6August 2012

Brainstorm; Upholding Duty of Carehttp://www.youtube.com/watch?v=MTcopj6dYWQ

Based on the Amanda Warring film clip:

1. What did you see?

2. How did you feel?

3. How do you think she feels?

August 2012 7

What DOC means to your organisation?• It means they need;

– Agreed procedures and protocols for working with other agencies

– Need for workforce development on Duty of Care and rights

– Need for system of offering advice guidance and information to staff

– Clear recording and reporting procedures

– CQC look at Duty of Care and will take action of it is found to be lacking

August 2012 8

Conflicts and Dilemmas in Duty of Care

• What are some the possible conflicts between your Duty Of Care and your service users rights?

• See handout

9August 2012

Emily’s Safety

• Watch the video about Emily’s Safety.• Identify the instances where Emily was or wasn’t

put at the centre of her care.• http://www.scie.org.uk/socialcaretv/video-

player.asp?guid=039a7f83-c649-491e-b38b-1642272ad2e2

10August 2012

The Law• You are responsible under the following

laws to uphold a duty of care;

– No secrets (2000)– The Care Standards Act (2000)– Human Rights Act (1998)– Mental Capacity Act (2005)– Your own organisational policies and

procedures

11August 2012

Duty of Care and Safeguarding• What is safeguarding?

– Safeguarding adults is a broader definition which includes protecting adults from harm.

» (Lancashire County Council 2010)

• By upholding your duty of care, you are automatically safeguarding individuals.

• Duty of care ensures there are consequences for breaching this.

• Duty of care also ensures a minimum standard of care provision.

12August 2012 i

Managing Conflict

• Scenario;You are the manager of a care home and have received a

complaint from one of your residents concerning a member of staff. The staff member has been accused of ‘bullying’ the resident, constantly ‘shouting at them’ and ‘being rude and impatient’ every time they work with the resident. The member of staff who has an excellent reputation, denies any of this and is most upset and distressed by the allegations.

August 2012 13

Managing conflicts• Based on the scenario;

• By doing a role-play, identify;– What is the conflict?– What is or to whom is your duty of care in this

situation?– Devise a plan of action managing this conflict– What legislations might impinge on this?

14August 2012

Complaints

• What is a complaint?

• A complaint is an expression of dissatisfaction, either written or spoken.

15August 2012

Scenario

• A service user has made a complaint against a member of your staff. Using the ‘complaints policy’ hand-out, decide how you will best respond, following good practice.

August 2012 16

Receiving complaints• Using your organisations complaints

procedure, you must clearly explain step by step, the procedure for service users or their families to make a complaint against the service.

• Consider;– Conduct– Confidentiality

August 2012 17

Legal requirements;

The Local Authority Social Services and NHS Complaints (England) Regulations 2009Came into effect on 1st April, 2009 and introduced new arrangements for handling complaints to take account of the Health and Social Care Act 2008.

• The arrangements for handling and considering complaints ensure that:

 

– complaints are dealt with efficiently and investigated properly;– complainants and others involved, including staff, are treated with respect and

courtesy;– complainants receive, so far as is reasonably practical, assistance to enable

them to understand the complaints process or advice on where they may obtain such assistance;

– complainants receive a timely and appropriate response; and– complainants are told of the outcome of the consideration of their complaint and

of the action which will be taken if necessary in the light of the outcome.

August 2012 18