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Unit 7 Principles of Safe Practice in Health and Social Care

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Unit 7 Principals of Safe Practice in Health and Social Care

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  • October 16, 2021
  • 18
  • 2021/2022
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Learning aim A: Examine how a duty of care contributes to safe practice in health and social care settings.
P1. I will be explaining the implications of a duty of care in a selected health or social care setting.

A duty of care is a responsibility of legal obligation within safeguarding where health and social care workers ensure and
promote welfare whether that’s colleagues, your employer, visitors, yourself, service users or their friends and/or family, taking
in their best interests and making sure no harm is caused, this also involves acting or failing to act to prevent it. This comes along
with care workers understanding their role, rights, and responsibilities. Completing tasks with competence and minimizing risks.
It is important a code of conduct is carried out correctly which is a set of guidelines that needs to be followed. For registered
nurses they follow the Nursing and Midwifery Council COC and support staff follow the Skills for Health COC. Completing tasks
with competence and minimizing risks. It is important a code of conduct is carried out correctly which is a set of guidelines that
needs to be followed. This links to the Care Act 2014. >P1

Within the workplace it is important that you behave in a way that service users trust you, it is a duty to make sure the
potentially vulnerable user is treated with dignity and equally. Although the individuals have rights, they may feel that they can’t
request what they need or require due to either being scared or intimidated by those around whether that be other service
users, a member of family or friend or even the staff, everyone has their own unique individual needs and abilities. Some may
not necessarily understand the implications of their circumstanced due to their mental capacity therefor they could lack the
capacity to protect their rights and/or themselves. It is important to tell the service user that it is vital to follow the disclosure
policy of the organization that is being worked for therefore to not make any promises to the user to protect them and yourself
from harm. >P1

Within the workplace you are in a position of trust from all service users, it’s important to know you may have to take
responsibility for the unequal distribution of power avoiding the service user being either exploited, intimidated or treated
unreasonably. When working in this environment you should be able to describe to the person in charge the way you acted was
safe, fair, considerate, and warranted. Having the duty of care means you must take care of yourself and must also consider the
impact or implications your actions may have on others and taking care of that person too. >P1

Ensuring safe practice involves following and putting the safe workplace policies into practice that have been set. By doing this it
will not only benefit you but also the employing organization, service user and anyone else in the working environment. By not
observing safe practice this can lead to incidents and accidents that could possibly cause irreversible damage. If this occurs, then
the incident needs to be investigated which can be costly in terms of both damaged health as well as loss of confidence or time
and money. The most common hazards would be in a home environment for example large pieces of furniture or thick carpets
creating obstacles when using equipment such as a hoist. It is important you consider and observe the possible hazards or
environmental obstacles before starting a task to ensure you follow your duty of care and preventing harm, this includes
planning tasks carefully ahead also making sure the floor is as clear as possible therefor minimizing risks. The Care Quality
Commission requires health and safety training in your induction therefor you will have the knowledge of the fundamental
health and safety procedures also ensuring you practice and promote them, maintaining a high standard of care for yourself and
others around you. Constructive criticism is important to improve the level of professional practice, just as important is following
the code of conduct, ensuring you remain effective, maintain and improving the quality of the service being provided as well as
promoting the safety of others. >P1

Health care professionals need to have the ability to balance the individual service users rights with risks, whether positively or
negatively they may have power over service users for example that is losing independence, however the individual user always
has the right to either reject or accept any course of treatment or care being offered to them even though the choices may
involve a small amount of risk, it is important you familiarize yourself with the policies and procedures of each individual
organization before delivering care as they are all different. >P1

In case study 2, it is very clear that a duty of care is not being upheld or taken seriously and as a result, the service user’s health,
safety and wellbeing is at risk. The care providers have a duty of care to protect and safeguard users but haven’t acted
appropriately regarding the potential abuse or self-harm that might be taking place. Policies and procedures are being ignored
and safe practice is not being ensured.

Firstly, the support team have not reported the issue of the broken keypad and they have clearly not taken the implications into
consideration. These breach safeguarding guidelines, as anyone can simply walk into the ward. This puts service users at risk
and disrespects their rights. The Duty of Care and the right to safety isn’t being upheld. The correct procedure in this situation
would be to immediately report the broken keypad, designate a member of staff to closely monitor the entrance to the ward,
restricting access to any unauthorized persons until it is fixed. It may also be beneficial to separate the ward into two sections,
one for planned procedures and one for emergency procedures. This would give the support staff more control.

,When Lizzy complained of a pain in her hand, without giving an explanation, this should have immediately raised suspicion that a
form of abuse may have occurred, either self-inflicted or by her husband, because it was strange that her hand was swollen and
bruised immediately after her husband’s visit. Another possibility (although unlikely) could be that it was a contra-action to the
procedure. The nurse on duty should have reported the incident, as well as recorded the medication that was administered.
Irrespective of how busy a care provider is, this doesn’t excuse them from ignoring their duty of care. The nurse should have
upheld the rights of the service user, who was being abused. >P1

The ward manager should not only have spoken to the nurse about failing to record medication, but she should have reported
the first incident that took place, the nurse should have been given a warning, and further training should have been issued.
Furthermore, the ward manager is not setting a good example to her support team by failing to record administered medication
herself, and disciplinary action should have been taken against her, as well as making sure that process changes are
implemented.

The following day, the support team should have been on high alert, and not permitted Lizzy’s husband to draw the curtains,
despite his insistence (which was also highly suspicious). They should have supervised this visit, due to raised suspicions. They
had a legal obligation to protect the service user from potential further harm or self-harm. They also had an obligation to report
the second incident of the swollen and discolored hand, which they failed to do. Service providers need to be on alert, looking
out for signs of abuse, according to their Duty of Care. >P1

The second incident should also have been reported, and especially when Lizzy showed signs that she was possibly scared or
intimidated by her husband, by turning her head away upon questioning. The ward manager who was questioning her, should
have noticed the possible signs of abuse or self-harm, and acted accordingly. Additional training would benefit service users in
these cases. If a care worker is aware of signs, they could possibly prevent future harm to people like Lizzy. In this case, the
service user’s safety and well-being were not being protected. >P1

This case study is a prime example of why it is and how important it is for a service provider to understand their duty of care as
well as follow it in a Health and Social care setting, following a code of conduct and knowing the possible implications involved if
the necessary policies and procedures are not adhered to within the code of conduct guidelines. It is important to follow a duty
of care to ensure a code of conduct is being followed and ensure the health and wellbeing of a service user. >P1

In conclusion, this case study is a prime example of why it is and how important it is for a service provider to understand their
duty of care as well as follow it in a Health and Social care setting, following a code of conduct and knowing the possible
implications involved if the necessary policies and procedures are not adhered to within the code of conduct guidelines. It is
important to follow a duty of care to ensure a code of conduct is being followed and ensure the health and wellbeing of a service
user.

P1 Achieved. Well Done.

P2. I will be discussing ways in which complaints and appeals procedures address failure in a duty of care in a selected health or
social care setting.

Complaints can be made if a service user’s needs are not being met, this can result in the Care Quality Commission (CQC) dealing
with the incident. Complaints can be made in writing, by phone, face to face or by seeing some in the Patient Advice Liaison
Service within a hospital setting. >P2 Harm towards the service user can come in forms such as physical, emotional, or financial,
as well as users being affected by poor quality care. Within an organization, there’s a policy that would need to be followed and
arrangements that would need to be made, if a report is made. Factors within a duty of care include behavior and attitude of
staff, abuse or neglect towards service users, discrimination, and the cost of care. Examples of ways in which a duty of care is
carried out incorrectly is if:
o They are being disrespectful.
o They fail to have a level of professionalism.
o A service user suffers from abuse or neglect at the hands of a service provider. >P2

These traits will have a significant impact on a person’s experience and wellbeing. The service user themselves, friends or family
of the user, have the right to expect a high standard of care and therefore have the right to complain, in order to better the
person’s experience, or that of future service users.

The CQC are an organization that started in 2009 to ensure health and social care services are up to a good standard, they can
inspect a facility or place that is taking care of individuals for example a residential home for people suffering from dementia. If
guidelines are not being followed (code of conduct) or if they witness or get a complaint regarding unsafe practice, they have

, the means to close the institution effective immediately. A complaint can be made by phoning the CQC, they will then
investigate or visit regarding the facility of concern. >P2

Discrimination against an individual’s race, gender, disability, or sexuality is another justified complaint within a health and social
care setting. This can cause serious consequences for a service provider if a report is made. Another concern could be that some
people may feel that the service they are paying for, is not only expensive but is NOT worth the value of the care being given,
creating a cause of concern and thereby leading to a complaint and/or report being made. >P2

When a complaint is made (also known as whistleblowing) the issue at hand should be investigated within 12 months (unless
extenuating circumstances exist and are out of their control) by the appropriate authority that was not involved with the matter,
which would prevent the outcome of the investigation being biased. A complaint can be made depending on the issue at hand to
either a staff member, the organization or providers website or to the reception at the location the issue occurred. You can
either complain to the organization that funds the practice or the practice itself such as a GP surgery. Health workers need to
respond to complaints appropriately, so that service users feel that they are being treated with respect and taken seriously, and
that the matter will be dealt with thoroughly and as promptly as possible. >P2 If not, service users can feel angry, frustrated and
that their complaint is being disregarded. Health workers also need to make sure complainants are aware which organisation
will be investigating the report that has been made and when resolved. The complainant needs to be completely honest
regarding the incident and give permission that personal information can be disclosed. If the complaint is not dealt with as
expected, then the complainant could go to the Local Ombudsman for further support and investigation into the matter as this is
their right and stated by the CQC in its complaints and appeals process. >P2

Service users may not be fully aware of their rights, so heath care workers have a duty to have learnt and to be fully informed of
these rights, so that they are able to offer support to the service user. If the health worker isn’t sure, then the right thing to do
would be to refer the complainant to someone such as a senior carer or manager with more experience, who knows the correct
procedure to follow. Although complaints are perceived as negative, they can help improve the quality of service, by highlighting
areas that need improvement. Therefore, it is crucial that care workers understand the importance of constructive criticism.
Whether it’s a small step that needs to be taken, or a complete process change, it’s important that an incident is reported and
treated appropriately by the institution the care worker is working for. This could mean adopting and following new and
efficient procedures and policies or providing further training. >P2

Legal action is required if a health care professional commits an act of harm (e.g., if a person dies due to abuse or neglect). This
could lead to the court charging them with manslaughter. However, in the case of clinical negligence (e.g., providing the
incorrect medication) it can result in the complainant receiving compensation. Employers would need to follow disciplinary
procedures which may result in the health care practitioner being given a documented warning or losing their job.

In case study 3, if a resident had wondered into the street and was hit by a car and killed, there would have been a case for
manslaughter. However, as no harm had come to any of the residents, only a claim for negligence would have been appropriate,
as the broken gate raised serious issues regarding safeguarding of the residents. >P2

The Care Act 2014 introduced the statutory duty which is safeguarding adults. If a service provider observes unsafe practice, it is
their duty to report the incident to the police immediately to prevent further safeguarding issues. Furthermore, if a crime is
committed, such as stealing a service user’s belongings, this can result in a criminal charge, according to the Theft Act 1968. If
the care provided is a lower standard than expected, it could be a danger and harmful to service users, and an advocate could
then decide if a crime is taking place and whether to take legal proceedings. Everyone in society has the rights to be safe and to
have the protection of the law, this includes service users as well as service providers. >P2

In case study 3, any of the care providers, a resident, a friend, or family member of a resident, could make a complaint about the
broken gate, or the issue of the disappearance of personal items belonging to residents, and report them to either the Firs
residence or CQC, depending on the complaint. The manager or senior carer should have immediately arranged for the gate to
be fixed. Safeguarding is a vital part of service provider’s Duty of Care, which is not being upheld. Within the duty of care, it is up
to the service providers within the facility to ensure the safety of the residents, making sure they are not in any harm. By leaving
the broken gate unattended, this puts service users at risk, by allowing them to leave the premises unsupervised. What makes
the issue even worse is that this is a residential care home for people who are at a disadvantage because they suffer with
dementia, which means they could easily get lost if wandering out of the property. Another issue would be that staff could
potentially be hiding or stealing items from vulnerable service users meaning that staff are not following their duty of care and
are making care users such as Elise, distressed and angry. Not taking her complaints seriously made her feel as though ‘no one
cared for her’. >P2

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