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UNIT 7- PRINCIPLES OF SAFE PARCTICE IN HEALTH AND SOCIAL CARE

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(AP1) Explain the implications of a duty of care in a selected health and social care setting. Duty of Care is the legal obligation that you have when in the position to look after vulnerable individuals to protect them from harm and support them to lead a fulfilled life working to high standard...

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  • October 13, 2022
  • 37
  • 2022/2023
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UNIT 7-
UNIT 7
PRINCIPLES
PRINCIPLES OF SAFE
OF SAFE
PRACTICE IN HEALTH &
SOCIAL CARE
PARCTICE IN
HEALTH AND
SOCIAL CARE
11075795 Inton, Maria Sophia Ernestine
L3 Health and Social Care YR 2
Bryan Smikle

,11075795 Maria Sophia Aludo Inton
L3 Health and Social Care YR 2
UNIT 7 - Principles of Safe Practice in Health and Social Care
Bryan Smikle

(AP1) Explain the implications of a duty of care in a selected health and social care setting.

Duty of Care is the legal obligation that you have when in the position to look after
vulnerable individuals to protect them from harm and support them to lead a fulfilled life working to
high standards and all legislations and policies.
In the workplace, there are policies and procedures, agreed standards, codes of practice and
other legislation a care worker should follow. In a care worker’s job role, you would be responsible
for making sure the service users’ needs are met to the best of your ability as well as making sure the
service user does not come to any harm and also making sure they are involved in their care plan. This
include promoting service users’ choice and rights to the best of your ability. You would be
responsible for assessing risks.
You must remain professional throughout your role making sure you are adhering to
confidentiality, keeping up to date and accurate records of the care you have or are providing to
service users.
Duty of care contributes to the safeguarding or protection of individuals by keeping
individuals safe whether it is illness, abuse, harm or injury. This can be achieved by involving
families, health care professionals and other external agencies into the individuals care plan.
Duty of care is a legal requirement and there are policies, procedures, code of conduct and
legislation around safeguarding and protecting your service users. Following this guidelines is
showing that a setting is providing the best care possible.
If you are doing activities with service user, you should always do risk assessments making
sure that the service user is aware of any risks also.
In childminding settings, the childminder is the key person. The key person should meet the
needs of each child in their care and respond sensitively to their feelings, ideas and behaviour, talking
to parents to make sure that the child is being cared for appropriately for each family.
Duty of care is needed not only to the children, but also to their parents and families, who
expect us to use our knowledge to care for their children. A high duty of care is needed for children
because of their narrow ability to care for themselves as they are still learning, and the younger the
child the higher the duty of care is. The consideration should be even greater if a child is known to
have learning difficulties or is known to have a medical condition which may make them more
vulnerable than the average child to foreseeable risk of harm. If duties and responsibilities are not
being met, the childminders are fully responsible and be held accountable for following negligence to
occur. The EYFS (Early Years Foundation Stage) is the statutory framework that ensures all parents
and carers that their children will be kept safe and will help them to succeed. This also helps to
achieve the five stages of every child matters. Since 2008, it is a legal requirement to use the EYFS to
meet the learning and development of all children in all early years setting which complies with the
welfare regulations.
In addition to that, to ensure the safety and wellbeing of children and young people,
childminders are expected to report assessments, receive advice and support from the appropriate
people.

,(Here is an example on how a duty of care is performed in a childminding setting. The given setting is based on
where I had my work experience for 17 weeks.)

Maria’s Childcare Services

Within our setting, we​:
1. Carry out daily checks to ensure that the environment inside and outside is safe before the
morning session at 8am.
2. Have a checklist of things to do (i.e. check all fire doors are unlocked, all gates outside are
locked, no wet floors and all plugs have safety covers etc) and tick them off when they’re
done.
3. Have daily rotas for change of nappies, dinners and lunches and vacuuming.
4. Contribute to ensure it is clean at the end of session and at the end of the day and before and
after meals we disinfect tables chairs to stop the spread of infection.
5. Ensure that at least one member of staff in each room has been trained in first aid and that we
have the right equipment.
6. To complete accident forms when an accident occurs and getting the parent/carer to sign to
say there have been made aware.
7. Sign in and out every child that enters and leave the setting, we also have one at the main
doors for staff and people that come to drop or collect children.

How does the duty of care contribute to the safeguarding or protection of individuals? ​One
part of my work is to always put the children and young people first, keep them safe and protect them
from significant harm. We must follow the guidance of every child matters and promote safeguarding
and the welfare of the children and young people. We should also ensure that the person caring for a
child especially alone is suitable to do so and has a DBS check. Many things help us to provide the
care to keep children and young people protected and safe, some of them are as follows:
Risk Assessments - By doing risk assessments for all of the activities we do and for the
playing areas ensures that if any risks concerning equipment, venues and activities will be found
therefore reducing the risk of injury or harm to the children and young people. Also, spotting potential
hazards and eliminating them. This includes germs and transferable diseases, we can minimise this
just by cleaning surface and toys with an anti-bacterial to promote good health.
Policies and Procedures - By having policies and procedures in the setting, it gives a good
guidance of what is suitable in the setting from an adult or child that is at an age of understanding the
rules and boundaries.
Making observations and assessing children​: By doing this, I am able to check to see if
individual child or young person is progressing and developing at suitable rates. Also by doing
observations, it will help us pick up on and recognise any signs of neglect or abuse so that these can
be reported to the relevant third parties to protect the child or young person.
Training and Development​: I and all other childcare providers must keep up to date on
compulsory training such as first aid and safeguarding. No one should be left to care for a child or
young person alone if they do not have the appropriate training to care for a child.



Resource Links:
https://www.ukessays.com/essays/young-people/implementing-duty-of-care-children-and-young-people-essay.p
hp

, 11075795 Maria Sophia Aludo Inton
L3 Health and Social Care YR 2
UNIT 7 - Principles of Safe Practice in Health and Social Care
Bryan Smikle

(AP2) Discuss ways in which complaints and appeals procedures address failure in a duty of
care in a selected health and social care setting.

The ​Care Quality Commission ​monitors, inspects, and regulates hospitals, care homes, GP
surgeries, dental practices, organisations and other care services related to health and social care to
ensure they meet fundamental standards of quality and safety and publishes what it finds, including
performance ratings to help people choose care.
All organisations inspected and regulated by the CQC must have a complaints procedure and
staff should be familiar with that procedure so they can assist people who wish to make a complaint.
The care provider must investigate the complaint thoroughly and take action if problems are
identified.
Complaints may be made because of something done, an act committed, or they may be
because of something that should have been done and was omitted. Some reasons for complaints
against both NHS and Social Services may be: (1) Attitudes or behaviour of individual care workers,
for example, rudeness, abuse or persistent lateness (2) Discrimination for example by not providing
information in alternative formats for those with visual impairments (3) Poor delivery of services,
such as not providing menu choices for vegetarians. Some complaints may relate to social care, for
example: (1) the local authority refusing to assess a person’s need for adult social care, (2)
unreasonable delays in assessing needs or providing services to meet assessed needs, (3) how the cost
of a service is worked out if an individual has to pay.
In the NHS, complaints should first be sent to the service provider. Many issues can be
resolved locally and do not become full complaints. If the situation is not resolved then the complaints
procedure is as follows:
❏ Stage One - Make a formal complaint to the service provider, for example, a GP, dentist,
hospital or the organisation that commissioned their services, such as the local Clinical
Commissioning Group or NHS England which purchases primary care services. CCGs
oversee the commissioning of secondary carem such as hospital care and some community
services.
❏ Stage Two - If you are not happy with the outcome of the complaint, you can refer the matter
to the Parliamentary and Health Service Ombudsman, who is independent of the NHS and
government. Complaints relating to social care should be made to the local authority
providing the care but if a person privately arranges and pays for their own care, or uses a
direct payment from the local authority to pay for the care that they themselves arrange, they
must complain to the organisation that is providing the care who will have their own
complaints procedure. If the problem is not sorted, the Local Government Ombudsman makes
final decisions on complaints that have not been resolved by the NHS in England and UK
government departments and other UK public organisations.

On the other hand, here is a summed up options for complaints procedure:
1. Speak to the person providing the care, or their manager
2. Use the local authority complaints procedure or the complaints procedure of the care provider
if this isn’t the local authority

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