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Unit 7: duty of care HSC BTEC
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Unit 7: principles of state practice in health and social careAssignment 1
Learning Aim a: examine how a duty of care contributes to safe practice in health and social care
setting
Learning Aim, A
PASS (P1) EXPLAIN THE IMPLICATIONS OF A DUTY OF CARE IN THE SETTING.
(P2) DISCUSS WAYS IN WHICH COMPLAINTS AND APPEALS PROCEDURES ADDRESS
FAILURE IN A DUTY OF CARE IN THE SETTING.
MERIT ASSESS THE IMPORTANCE OF BALANCING INDIVIDUAL RIGHTS WITH A DUTY OF
CARE IN THE SETTING.
DISTINCTION EVALUATE THE SIGNIFICANCE OF A DUTY OF CARE AND A COMPLAINTS
PROCEDURE IN THE SETTING.
P1 PASS: EXPLAIN THE IMPLICATIONS OF A DUTY OF CARE IN THE SETTING.
Duty of care/ Legal obligations to protect wellbeing and prevent harm.
Duty of care is the legal obligations to protect the wellbeing of the service users, such as preventing
them from physical and mental harm. It’s very important for the service users because it is their right
to get the best interest. The duty of care should always act in a best behaviour such as talk politely
with them, if they have any mental health issue, try to talk to them and understand them, healthcare
setting should take action if there’s any inconvenience situation in their life such as domestic
violence, it’s their duty to be responsible and observe the action a patient is doing in order to re
confirm that whether they are fine or if there’s any problem, don’t try to act or behave bad towards
them as it’s their priority to give them attention and all possible way to confirm their stability. It’s
the healthcare setting professional and responsible action for the service user. There are five ways of
promoting duty of care. It is the professional’s duty to follow all the rules and regulations/policies
and procedures, and the code of professional’s standards, which are to be able to preserve safely,
they should prioritise people as they might be vulnerable in their scenario, for example, a patient has
come with injured arms and with bruises on the legs and back. To provide safety as a professional
they should be able to acknowledge as it could be dangerous to not react, because the individual
could be in danger, as a professional they should ask the individual varies of questions which will
allow him to response, or if the individual that the danger he has is the person with him, the
professional can talk to them in private. This will allow to build trust and promote professionalism.
Duty of care is for the beneficial outcomes for any service users. These procedures should be done in
a manner that does not affect the mental wellbeing of the individual, for this to take place, the
professionals can first ask if he need any help with is essential, this is build trust.
Legal obligations are the rules by the statutory, this is in place to be followed accordingly, as it covers
all the essential aspects that are there for the safety for the service users. This is important because
it is for the security of the professionals themselves and the users. The professionals are expected to
follow the obligations strictly, and if they do not, they can be either disqualified, or told to re-train
themselves with improved skills and understanding, this is for the best outcome of the service. for
example, to practically implement this the professionals can treat all the patients equally, but as
,their patients with different needs, such as a disabled individual, they may need extra support, but
this would not discriminate the individual who needs supports mentally/or has disease like
HIV/AIDS. Equally treating means, they should be given equal rights such as allow them to speak and
take decisions for themselves, they should be given right to have an advocate, right to get well
treated, right to get protected from the abuse and neglect/discrimination. Training is the best way to
learn the ways that are by the statutory. They should keep themselves updated according to new
law rules. This will help to promote improved and updated service.
To promote duty of care, the professionals should focus on the alternate ways of caring that would
also support to promote the users wellbeing, for example, their communications skills should be
good, as this would help the users to trust them and tell their situation of any abuse and neglect,
they should ensure that they are protected from harm for example, sharps, chemical and harmful
substances, abuse. If the professionals does not identify these aspects it can also affect on the
service and the as a whole public, because then the people would not even trust service providers
who they initially should, as that’s what the professionals have promised for prior starting their jobs,
it is their duty to ensure that the service users are fully protected from any type of abuse and
neglect, either the service providers does this or person from outside. The vulnerable have the
authority and right to speak up and take support from the professionals, and when they trust, now it
is the professional’s duty to take action and provide them protection, for this they may have to work
with the police or the relevant professionals that can provide safety to Zara.
As a professional they have the duty to be careful and attentive towards every situation. For
example, there is a bucket of water in the middle of the corridor in a group home, to protect the
hazard the professionals can put the bucket aside or throw the water in the toilet, this will help to
reduce the rates of slipping on the floor, this is because if the water spilled on the floor it can cause
slipping which can mean that they can also break any bone or fracture ribs, which means that it can
increase more attention on them as it would be emergency, and the professional have to pay
attention to them without neglecting, this can also reduce the priority to the patients who
potentially needs to be treated. Another example would that there is a group of people with high
support needs alone for two hours. To provide duty of care in this scenario, the professionals should
always try not to leave them alone, as they may feel neglected, also they may need something
important, so the important act the professionals can do is allow them to press the bell as many
times whenever the patients would need help, but with that also keep an eye on them to ensure
that they are safe and protected, and all their essential needs are being fulfilled, such as
medications/food/toilet/protection from being felt as they are dependent or a burden on the
professionals. To prevent this the professionals can give them attention and make them feel
important, mostly the elders and children, they feel more if neglected or made feel bad.
In the case of Mr Collins (unit 7-booklet-page 11), as he has muscular dystrophy, and will be assisted
ventilation, he does not want this to happen. This means that his decisions should be respected, and
the professionals should find alternate ways to provide him the care, such as give him breathing
machine, which will allow him to move around. Also make him feel special by arranging good time
for him such as by calling his family to spend time with him or tell the family to make him a
memorable video.
In the case of Zara, to promote duty of care, the nurse could pay attention to her decisions, her
change in behaviour. As her behaviour was changed, the professionals should have acknowledged
and communicate with her and ask if she is feeling insecure in any way, or if anyone is irritating, or if
she is depressed from anything, such support would help her build trust with the professional, and
, this could also help her save her life. As the professional’s behaviour towards her was very
neglecting, as they were not providing her the essential care she needed, she also had mental illness
which made her more vulnerable to feel every neglectful thing happen to her. For the best quality of
duty of care the professionals could have addressed and recorded the changes about Zara, this
would have helped the doctors to acknowledge and understand what changes in the treatment
should be made, or if communicate her to know what she feels and going through.
Legal obligation are the rules made directly by the law, which is indicated to be done for the safety
of the service user, and it must be done accordingly as directed. The healthcare setting is bound to
do this in order to secure the service users life, this can also be for your security for example, this
can help the healthcare setting to be more professional and protective for their work. In order for
Zara case, it has been shown that the legal obligations have not been promoted because it is clearly
stated that the carer/nurse hasn’t recorded Zara’s improvement or changes in the behaviour, which
shows that’s due to her this negligence it can also impact on Zara’ life for example, as the nurses
statement was that out of her jealousy for her mother and her mom new boyfriend was too friendly,
she has become jealous and insecure. This is completely unprofessional, as it also shows that her
communication, understanding, and confidentiality skills are not highly shown, and seems that she is
taking her job for granted. Legal obligations are mainly for the protection of the service user, and
give them enough space, independence to share their feelings to you, when needed. but due to
Zara’s nurse behaviour, it can also kill Zara somehow, because her change in behaviour is not
recorded which means no other healthcare services knows about her increase in anxiety and
physical appearance, it means that no one can act for her and can also risk her life just because of
the nurse assumptions towards her changes.
Legal obligations to protect wellbeing and prevent harm, were taken in account at some extent, after
the social worker came in to view how this happened, but the negligence of the doctor and nurse for
not recording the issues, can be disadvantage because as one of the kids was just 6 months, which
should be recorded at the same time and point, as the other emergency case could have been hand
over to another doctor for some time, as the doctor should be concentrated for the case that was in
front of her. Which showed that the harm was not prevented but could have increased. As they
were little kids their wounds should have been more attention for the healthcare setting, and they
should have acted on point, as the kids aren’t independent for their communication and are native
for any discussion. Which means that the dad can say anything to protect himself, as the doctor
observed the burns were recent when the dad said that they were ¾ months ago due to their
mother.
Understanding rights and promoting the interests of the individuals experiencing abuse or neglect.
As a professional they should allow the individuals who are experiencing abuse and neglect should
be given the right to feel free to discuss about their situation and this can only be possible when the
professionals give them trust by talking to them calmly and respectfully, make them feel prioritised
and important, as they are already scared, vulnerable and have difficulty in trusting anyone. So, to
break this barrier the care worker can talk to them peacefully and build a friendly environment. This
will allow them to discuss what they have been going through, and what happened to them as they
would feel secured and safe with them, as they can support the individual specifically. Every
individual who has experienced abuse would have diverse individualities, that would also separate
their abilities such as different point of views, knowledge about their safety, their rights. This also
means that may have difficulty in choosing and understand the best for them, so for the best
interests, the professionals would uphold the rights and choose the right support for the service
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