Title: Unit 7: Principles of Safe Practice in Health and Social Care.
A.P1 Explain the implication oof a duty of care in a selected health or social care setting and
A.M1: Assess the importance of balancing individual rights with a duty of care in a selected
health or social care setting.
This assignment delves into the crucial significance of recognizing and responding to evidence
or concerns about abuse and neglect in health and social care (HSC) settings. Focused on a case
study involving a looked-after child named Sarah, it emphasizes the importance of early
intervention and the multifaceted impact of different types of abuse on service users. By
examining the implications of failing to address abuse, the assignment underscores the vital
role of HSC professionals in safeguarding vulnerable individuals and upholding their well-being
and dignity.
Duty of care is defined simply as legal obligations to always act in the best interests of the
service user and any others that may be affected by your actions. You should not act, or fail to
act, in a way that results in harm. You should know your limits and act with competence level.
Part of your code of professional conduct is to set relationship boundaries. It is important to
understand that a professional relationship has boundaries. It is very different to your
relationships with family and friends. Professional detachment can mean that you provide care
objectively and without becoming emotionally involved. You should not take on tasks that you
do not think you can perform safely.
Upholding the rights and promoting the interests of individuals experiencing abuse or neglect.
In the workplace, you may find that service users trust you and you must act as an advocate for
a vulnerable service user, to ensure that they are treated fairly and with dignity. All service
users have rights, these are the Human Rights Act 1998. The Human Rights Act 1998 sets out
the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the
rights set out in the European Convention on Human Rights (ECHR) into domestic British law.
The Act sets out your human rights in a series of ‘Articles.’ Such as Article 5: right to liberty and
security. However, they may not feel able to ask for what they need because they are scared or
physically intimidated by another service user, a member of their own family, a friend, or even
a member of staff. All service users are individual with unique needs and abilities. Some service
users may lack the capacity to protect their rights because they do not have the mental capacity
to understand the implications of their circumstance or the consequences of their actions. For
example, never keep a secret for a service user as this may put you and the service user at risk
of harm.
Protecting health, safety and wellbeing. In the workplace, you are in a position of trust in
relations to all service users. It is important to understand that a service user may be
vulnerable, and you have to take responsibility for the unequal distribution of power so that the
service user is not exploited, intimidated, or unjustly treated. When professionals are working
with service users, you should be able to explain to your manager how your actions were safe,
,fair, considered, and proportionate or warranted. Professionals have a duty to take care of
themselves. They must also consider the impact of your actions or failings on others, and take
care of them as well. Protecting health, safety and wellbeing, can be done by following policies
and procedures, such as fire drills, what to do when an accident or incident occurs etc. It can
also be done by creating risk assessments, a risk assessment is simply a careful examination of
what, in your work, could cause harm to people. As well as following safeguarding procedures.
Ensuring safe practice. Whatever care setting a professional works in, including in a service
users home, professionals must ensure that they follow and put into practice the safe
workplace policies set by their employing organisation, the service user, themselves and
anyone working in the environment. Not observing safe practices may lead to accidents that
cab be painful and sometimes cause irreversible damage. Accidents can be fatal, causing
injuries to people, accidents have to be investigated and may be costly both in terms of
damaged health and confidence, and in loss of time and money. Work environment presents
hazards, but this can be particularly true of service user’s home where they may be additional
problems such as large piece of furniture or thick carpets. Professionals must plan tasks
carefully in order to minimise risks. This includes their everyday routine, such as reporting in
incident and accident books., as well as training and professionals following code of conduct.
Balancing individual's rights with risks. Healthcare professionals may have power over those in
their care that service users find difficult to challenges. Many services users fear losing their
independence, which can cause conflict with healthcare professionals and friends and family,
who may feel that the service user will not be able to cope with independent living.
Additionally, service users have the right to accept or reject any course of treatment or care
that is offered to them. Service users have the right to make informed choices even if those
choices may involve a small amount of risk. This can be acting in the person’s best interests, but
always giving other options to minimise the risks that can come when letting the person have
their rights.
In my second case study, the child case study, they are not implementing duty of care: legal
obligation to protect health and wellbeing and prevent harm. This is evident where it says that
sometimes Sarah has to cook for herself and answer the door if anybody comes to the house.
This is not implementing duty of care as Sarah is only 11 years old and can put herself at risk of
harm whenever she cooks, for example, burning herself on the stove. As well as when she has
to answer the door, this can put her at risk, as it's dangerous and puts her in a vulnerable
position. As well as when the school were not investigating into the fake number and letters
not being given to her parents from the school.
In my second child case study, they are not implementing the rights in some areas of the case
study. Such as in the case study, it states that Debbie had caught Chris in Sarah’s room in her
bed, however where still fully clothed. This is not implementing the right of the freedom from
torture and inhuman or degrading treatment. However, it was said they were both fully
, clothed, it still gives out worry on what they could have both been doing, as well as where it
says that Sarah had told her social worker that she does not like boy’s touching.
In the child case study, they are not implementing health, safety and wellbeing of Sarah. This is
because she is mostly at home alone while her foster parents work long hours. Meaning she will
have to cook for herself, and this could cause harm to her safety as she could risk burning
herself while cooking, as she is only 11 years old. As well as if she gets hurt while she’s alone in
the house she may not be able to attend to her injury herself due to challenges, such as don’t
know what to do or where the first aid kit is.
In my second case study, child setting, safe practice is being implemented here can be stated
where it says, the social worker had informed Debbie that Sarah had been trying to make
phones calls to her dad. This is ensuring safe practice because the social worker is following her
policies and procedures, by contacting Debbie that her daughter Sarah has been trying to reach
her dad in prison.
In my second case study, child setting, balancing individual's rights with risk is being
implemented here. For example, Article 8: Respect for your private and family life, home and
correspondence, this is being implemented when Sarah was able to call her dad through the
teacher's phone and was not asked reasons on why she wanted to call her dad. This is
respecting her private life and home life. However, to balance this out from rights to risks, the
social worker had to inform Debbie of the sudden occurrence that Sarah had been ringing her
dad in prison through a teacher’s phone. In order to protect Sarah and her safety. This is
implemented well; however, some improvements can be made such as the social worker asking
Sarah first why she is trying to get into contact with her dad then after once the social worker
knows, then she can tell Debbie.
The prohibition of torture, inhuman and degrading treatment. This right can be divided into two
parts, the right to be free from torture and the right to be free from inhuman and degrading
treatment. The right to be free from torture. Under the law, torture has a very specific
definition. Torture is about someone who works for government or a public authority
deliberately causing severe physical or mental suffering to someone for a specific purpose, for
example, to get information. The right to be free from inhuman and degrading treatment.
Inhuman or degrading treatment, on the other hand, doesn't have to be deliberate or for a
purpose - it can be caused by neglect. This part is especially relevant in everyday life and the
experiences people may have in health, care or education settings, social services, with the
police or emergency services.
The right to liberty and security. This right includes the right to freedom from arbitrary arrest,
detention, or imprisonment. It also includes the right to be promptly informed of the reasons
for arrest or detention, and the right to challenge the lawfulness of the arrest or detention
before a court or other independent judicial body. The right to liberty and security also includes
the right to fair and just procedures when being held in custody, including the right to legal
