in Health and Social Care
By Julia Gudawajtys
, P1: Explain the implications of duty of care in a selected health and social
care setting
Introduction:
The duty of care is a responsibility that by law an individual has to avoid any actions
or behaviours that can put any service users or themselves at risk of any possible
harm, while they use many health and social care services such as care homes,
hospitals and GP’s to keep their service users satisfied and keep their best interest.
It is essential as it ensures that the care provided by the professionals to the service
users is sustaining their human rights, supporting and encouraging their uniqueness,
keeping the service user safe and healthy, and preventing any risks or harm that
could possibly occur at the setting. All health and social care professionals must
ensure that they follow ALL of the seven principles of safe practice which are;
The legal obligation as stated by Billingham M et.al (2016) p298 is a duty to not
perform or perform a specific action. The legal obligation is to protect health and
wellbeing as well as to prevent any possible harm, support the rights and promote
the interests of the service users who are victims of neglect and abuse, protect their
health and wellbeing, ensuring and encouraging safe practice, following the code of
conduct, balancing individual rights with risks and acting in the service user’s best
interest to make sure that service users are getting the best care that they require.
The professional has the obligation to work in a service users best interest and to
protect them from any harm that could possibly occur. Sometimes, health and social
care professionals have to distance themselves and sightly detach themselves from
the service user to avoid the formation of bonds and relationships that are similar to
family and friends, this is because they want to promote equality and prevent
discrimination from occuring.
Upholding the rights and promoting the interests of individuals experiencing abuse
and neglect; This is when a professional becomes an advocate on behalf of their
service user. An advocate is a person who will speak on behalf of a service user to
give them the best possible advice and outcomes that could potentially improve their
quality of life. An advocate may be needed due to many reasons such as the service
user being in danger, or because the service user is scared of another service user
or even potentially a staff member. The advocate will then speak on behalf of the
service user to ensure that the issue gets dealt with. In addition, the advocate will
also make sure that the service users rights and individuality is maintained.
Protecting health , safety and wellbeing is when the service user is being observed
by professionals to ensure that they are at no risk of any harm or danger. It is the
professionals duty of care to ensure that their service user is kept safe, and to make
sure the service user is not being bullied or intimidated by anyone as well as not
being discriminated against. By law it is the service providers duty of care to make
sure that their service user is getting the most out of their services.
Ensuring safe practice is when the professional has an obligation to follow all rules,
policies and guidelines and well as policy procedures to guarantee that no harm is
done to the service user as well as the service provider. To ensure safe practice, also
, means to improve safety and do a risk assessment every couple of months
especially if told to do so by the CQC.
The code of conduct is a system and structure that has to be followed by ALL
professionals and the service users to ensure that the care provided is meeting high
standards.
Balancing individual rights with risk means that no matter what the risks are of the
care provided, the service user has the legal right to reject or to accept the care and
advice. According to Billingham M et.al (2016) p300 the service users are afraid that
they will lose their independence which can cause issues with the healthcare
professionals, friends and family, who may think that the service user will not be able
to be self-sufficient anymore due to their conditions.
Acting is a person’s best interests means that the professional will advise their
service user to make choices that are good and beneficial for their health and their
condition, in other words, they will advise ideas that will have a positive and long
term effect on the individual.
Case study: Firs Residence:
In Elise’s case it would be viewed as a case of a lack of upholding the rights and
promoting the interests of individuals experiencing abuse or neglect. This is because
the member of staff has failed to care for Elise in the way she is obliged to. Due to
the previous incident where Elise thought she had lost her hairbrush, then later it
was found hidden under a pile of clothes on a chair next to her bed, the staff member
did not believe Elise that her money has gone missing and therefore told her false
information “it will turn up” which it didn’t. The staff member neglected Elise and left
her to be distressed and angry which again is unacceptable as workers are
supposed to make their service users feel welcome and comfortable. This is poor
practice because the professional has a legal obligation to promote an individuals
rights and in this case Elise’s rights were taken from her. Due to Elise’s condition
(dementia), she should have been given a right to have an advocate to speak on her
behalf as she has difficulties in expressing herself and therefore is very vulnerable
and easy to manipulate.
Furthermore, this shows a lack of duty of care as the care workers have a legal
obligation to uphold the codes of conduct yet the staff member did not follow the
code of conduct and neither did her manager. Writing false information about an
incident that happened to a service user is now against the law according to Gov
(2015) as they stated “The Care Act 2014 has put in place a new criminal offence
applicable to care providers who supply, publish or otherwise make available certain
types of information that is false or misleading, where that information is required to
comply with a statutory or other legal obligation”. The manager’s irresponsible
behaviour has discriminated and intimidated vulnerable Elise.
In addition, the care providers have an obligation to act in a person’s best interests,
as Elise has dementia and is physically and emotionally unable to to express herself
due to that and the fact that she has lost her husband. She is very forgetful and gets
agitated as well as distressed very often. She often feels like people are taking