What Duty of Care Means in Children’s and Young People’s Settings

What Duty of Care Means in Children’s and Young People’s Settings.
1, What duty of care means in children’s and young people’s settings. Duty of care in children’s and young peoples setting means the adults providing care have to ensure the child is kept safe from any form of harm or abuse. This can include giving full attention, watching for hazards, accidents and mistakes and following correct procedures. Also ensuring the child is the most important part of your day. 2, How the duty of care contributes to the safeguarding or protection of individuals.
The duty of care contributes to safeguarding by ensuring the child is happy, healthy and safe whilst in your care. This can be done by undertaking thorougher risk assessments and procedures/precautions to avoid accidents, mistakes and hazards such as making sure all equipment is clean and not broken, children are supervised at all time by staff who have the relevant checks and health standards are maintained when preparing food and changing nappies.
Giving children attention and observing their behavior also contributes to safeguarding as you will be better placed to notice any needs the child has as they develop. Task C 1, The main points of agreed procedures for handling complaints in children and young people’s settings Listen to complaint Record complaint in writing including all details and facts Speak to manager Ensure person complaining knows a time frame for complaint to be investigated and dealt with Manager will then speak to relevant people, investigate and report back to complainant , How would you respond to a complaint. I would listen carefully and respectfully to the complaint, if appropriate (depending on the nature of the complaint) I would ask other members of staff if they can offer an insight as to what happened, then refer it to my manager. If the manager was not available I would take a written account of all the details/facts and contact the manager who would then investigate and report back to me and the complainant. If the complaint was a staff on staff complaint I would refer it straight to my manager.

What Duty of Care Means in Children’s and Young People’s Settings

Duty Of Care In Health,Social Care Or Childrens Settings

Duty Of Care In Health,Social Care Or Childrens Settings.
Task A
When looking after children you have a duty of care to them, this means it is your responsibility to keep the child safe and free from harm. The younger the child the greater the duty of care is,you need to be vigilant and pay attention to keep children safe. Mentally risk assessing situations as they arise will help you see any potential dangers to the child and help you plan to avoid any risk. You also need to be aware of a child’s feelings and help them develop them so they understand how words as well as actions can hurt others.
Duty of care contributes to the safeguarding and protection of children as you have to follow certain procedures to keep children safe,such as safe guarding policies, risk assessments and precautions to avoid accidents or the spreading of infections. Assessments and observations on a children could alert you to any problems that may need addressing, these may then require discussions with parents and/or other professionals.

Task B
Potential conflict or dilemma: Child’s parents don’t want child taking part in certain activities due to their religion. How to manage the risk: Insure there are activities the child can take part in when the others are doing theirs, communicate with parents to avoid any such conflict. Where to get support and advice: Parents, online,library.
Potential conflict or dilemma: Child swearing.
How to manage the risk: Discuss with children about appropriate behaviour from the beginning. Where to get support and advice: Review ‘managing behaviour’ policy regularly.
Potential conflict or dilemma: Child wants to watch telly all day. How to manage the risk: Discussion with child,offer alternatives. Where to get support and advice: The child- find out likes and dislikes.
Task C
Have in place complaints procedure and policy.

Duty Of Care In Health,Social Care Or Childrens Settings

Reflection Essay on Duty of Care

Reflection Essay on Duty of Care.
Duty of care Define the term ‘duty of care’ Duty of care means that you must aim to provide high quality care to the best of your ability and to ensure the well being of the service users. We all have a duty of care to consider the effects of our actions upon other people who may be affected. In the workplace you have policies and procedures that you have to follow. These policies and procedures will affect your role as a carer. Describe how the duty of care affects own work role I keep my knowledge & skills up to date; I also provide service at the standard of the reasonable person.
I know what must be done to ensure that the service can be provided safely I keep accurate records as appropriate I only delegate work or accept it when it is safe to do so I protect confidential information except where it conflicts with public interest or safety. Also every heath worker has a duty of care towards the service users and themselves and also their colleagues it can be applied to every aspect of work, from duties to undertake to equipment that may need to carry out working safely.
Describe dilemmas that may arise between the duty of care and an individual’s rights As a care worker I try my best to help service users to live independently. That means encouraging them to make decisions for themselves. When someone in our care decides to do something that we think is unsafe, we face a dilemma (a difficult choice between two decisions). Sometimes we question ourselves if we let them do something dangerous, are we failing in our duty of care? So to help us with that we have: The Human Rights Act 1998 that states the following * freedom from torture and degrading treatment, freedom from slavery and forced labour * the right to liberty * the right to a fair trial * the right not to be punished for something that wasn’t a crime when you did it * the right to respect for private and family life * freedom of thought, conscience and religion, and freedom to express your beliefs * freedom of expression * freedom of assembly and association * the right to marry and to start a family * the right not to be discriminated against in respect of these rights and freedoms * the right to peaceful enjoyment of your property the right to an education As a carer I must treat your individuals with respect, whatever their life choices and beliefs. I must not unfairly discriminate against individuals by allowing your personal views to affect adversely my professional relationship with them or the treatment you provide or arrange. If carrying out a particular procedure or giving advice about it conflicts with your religious or moral beliefs, and this conflict might affect the treatment you must inform your manager without delay.

I must not express to your individuals your personal beliefs, including political, religious or Moral beliefs, in ways that exploit their vulnerability or that are likely to cause them distress, I also must make the care of your individual your first concern. Trust and good communication are essential components of the carer- and a service user’s relationship. A Service user may find it difficult to trust you and talk openly and honestly with you if they feel you are judging them on the basis of their religion, culture, values, political beliefs or other non-medical factors.
Explain where to get additional support and advice about how to resolve such dilemmas There are lots of people that could help care workers with service user’s dilemmas such as Families and friends of the service user, Colleagues, senior carers, Managers, Registered managers Advocates, Care Standards Inspectors, Social workers, Nurses • Health Visitors, Doctors, police, Local Counsellors. Describe how to respond to complaints A service user or family relative can make a complaint about anything such as * Quality or amount of service. Charges for services. * Failure to follow correct procedures. * Delay in service provision. * A service not being provided. * Application of eligibility criteria. * ? Assessments, review, care plan outcomes. * Attitude or behaviour of staff. * The impact for an individual of the application of a local * Authority policy. When taking a complaint all staff should confirm the details of the complainant, the actual complaint and the desired outcome.
Then consider whether the issues can be resolved locally and promptly in discussion with Team Manager, who will be responsible for handling the complaint. Identify the main points of agreed procedures for handling complaints If a service user or a family member wishes to make a complaint or register a concern they should find it easy to do so. It is a policy to welcome complaints and look upon them as an opportunity to learn, adapt, improve and provide better services.
This policy is intended to ensure that complaints are dealt with properly and that all complaints or comments by clients and their relatives, support workers and advocates are taken seriously. Failure to listen to or acknowledge complaints will lead to an aggravation of problems, client dissatisfaction and possible litigation. All oral complaints, no matter how seemingly unimportant, should be taken seriously. Front line staffs who receive an oral complaint should seek to solve the problem immediately.
If staff cannot solve the problem immediately they should offer to a manager to deal with the problem. When a complaint is referred on to A manager or is received in writing it should be passed on to the named complaints manager who should record it in the Complaint Book and send an acknowledgment letter within two working days; the complaints manager will be the named person who deals with the complaint through the process. If the complainant is not prepared to have the investigation they should be advised to contact the General Social Care Commission and be given the relevant contact details.

Reflection Essay on Duty of Care

Main Principles of Implementing Duty of Care in Health and Social Care

Main Principles of Implementing Duty of Care in Health and Social Care.

Duty of care is a legal obligation for each individual in the health and social care setting that requires them to adhere to a standard of reasonable care. Ensuring they don’t put their service users or themselves in any danger.
In the workplace there are policies and procedures, agreed standards, codes of practice and other legislation a care worker should follow.
In a care workers job role, you would be responsible for making sure the service users’ needs are met to the best of your ability making sure the service user does not come to any harm and also making sure they are involved in their care plan. Promoting services user’s choice and rights to the best of your ability. You would be responsible for assessing possible risks.

You must remain professional throughout your role making sure you are ad-hearing to confidentiality, keeping up to date and accurate records of the care you have or are providing to service users.
If you are not sure about any part of your work you or have concerns then you must speak to the manager straight away to make sure that no mistakes are made.
Duty of care is central to all that you do at work, it is not something extra.
How the Duty of Care Contributes to the Safeguarding or Protection of Individuals?
Duty of care contributes to the safeguarding or protection of individuals by keeping individuals safe whether it is illness, abuse, harm or injury. We can do this 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 these guidelines is showing that we are 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.
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Potential Conflicts or Dilemmas that may Arise Between the Duty of Care and an Individual’s Rights
Potential conflicts or dilemma’s between the duty of care and individual rights is about enabling service users rights to do what they want to do but making them aware of risks and the harm to others. You cannot stop the service user from making a choice. We all take risks in everyday life, for example, walking across the road.
When there are concerns about and service user’s capacity to understand the risks and consequences of their actions there is an “Incapacity Test” to assess the capacity. If the service user does not have the capacity then it is down to the people caring for the service user to make decisions. It is easy to assume that a service user does not have the capacity to make decisions based on their disabilities.
A potential conflict or dilemma that may arise is if a service user wishes to smoke. The service user has the right to smoke and for an area to be set up for them to smoke but you can also make them aware of the risks involved or harm to others that can be caused.
Another conflict or dilemma which may arise is if a mental health patient is refusing to take medication. The patient has the right to refuse to take medication but as a care worker, your duty of care is to try and explain the risks and harm that can be caused by the patient not taking their medication. You can seek help from other professionals i.e. Psychologist, GP, Mental health nurse, Family members (as they may listen to the family more than professionals because they may feel that professionals are trying to harm them.).
When dealing with dilemmas or conflicts it helps to seek advice and guidance from other people such as colleagues, manager, service users family members, and other professionals connected with the individual.
How to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care?
You can carry out a risk assessment that involves the service user so they fully understand the risk/s they are taking. If the service user still wishes to take the risk then you have to try and make it as safe as possible for them to do so, by doing this you are meeting your obligation to provide the duty of care. Update care plans and paperwork to show that you have explained the risks to the service user.
Where to get additional support and advice about conflicts and dilemmas?
There are many different ways to receive extra support to help with dilemmas and conflicts. You can ask colleagues as they might have had to deal with a similar situation or may have other ways to help. Line manager as they are more experienced, other professionals working with your service user i.e. doctor, social services, schools or colleges, counselling service who may know how to. You are never alone in making a decision where there are conflicts or dilemmas.
How to respond to complaints?

Explain to the service using the procedure for making a complaint.
Listen to what the individual is saying without interruption and assure the client that you are interested in their concern.
Reassure the person that you are willing to do something about their complaint and are glad that they have brought it to your attention.
Never make excuses, get angry or blame other staff.
Provide the service user with information and advice on how you are going to deal with the complaint and in what timescales. Making written details of this also.
Report the complaint to your line manager and reflect on the complaint to improve your professional development.

The main points of agreed procedures for handling complaints
There are two ways to make a complaint verbal and non-verbal. If a complaint is made verbally you should usually deal with this complaint straight away unless you are unable to do so, at this point you would ask your line manager or another colleague for help to deal with the complaint.
If someone makes a non-verbal complaint there is usually a procedure in place to respond to the complaint within a certain timescale usually 2-3 days. Usually, the manager will respond to this type of complaint. However, it is important to find out what went wrong and how this is usually done in a meeting with the complainant and the investigating manager. The next phase would be about putting the complaint right and making sure that they do not occur again. When complaints are handled in this way it is referred to as local Resolution.
If the complainant is not satisfied with how the complaint has been resolved they can complain to the Local Government Ombudsman to be investigated further. Complainants can also complain to the care quality commission.
As a care worker, you will be given a policy and procedure on how to handle complaints this is usually in your code of practice.

Main Principles of Implementing Duty of Care in Health and Social Care

Duty of Care Analysis

Duty of Care Analysis.
When working you have a duty of care in your own work and this is to pay attention and to keep young children safe as they develop. The younger and more vulnerable a child is, the greater the duty of care you have to provide them As a practitioner it is our job to safeguard children daily in various ways to protect them from harm whether it is physical or psychological. We carry out risk assessments in the work setting to avoid any potential hazards; we also set rules and boundaries.
We observe the children’s development and take action if needed from other professionals. We must also follow strict procedures if we suspect abuse. Potential conflicts or dilemma’s that may arise between the duty of care and an individual’s rights are that as a child, they have the right to facilitate their development and learning by being allowed to take risks and be challenged, is a practitioner does not allow a child to be able to do this then they are taking their duty of care too far.
When intervening in the life of a child and family you must be careful not to disobey their rights and responsibilities as parents but at the same time make sure that the child’s safety is paramount. To manage risks associated with conflicts or dilemma’s between an individual’s rights and the duty of care is to find the balance of children’s rights and parent’s responsibilities. If you feel a child is gaining skills from risk taking then you should drop your duty of care in a way to support the child. If you suspect t a child is being abused then your duty o care may override the family’s rights of confidentiality.

To get additional support and advice regarding conflicts and dilemma’s you can seek advice from your manager/supervisor and SENCO, also other professions that deal with child protection such as Ofsted, social services and health services. Should a parent/carer make a complaint to you then you need to follow procedures by reporting the complaint to your manager/supervisor. All complaints whether minor or major need to be logged in a record book. Also by using effective communication – listen and to always take the complaint seriously.

Duty of Care Analysis

Negligence: Duty of Care and Buick Motor Co.

Negligence: Duty of Care and Buick Motor Co..
Negligence, duty and Breach of Duty. To constitute a legal action against some one’s negligence, several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value. In Haynes V Harwood (1935) 1 KB 146 at 152, Judge Greer L.
J, pointed out these requirements in his judgement stating that “ Negligence in the air will not do: negligence, in order to give a cause of action, must be the neglect of some duty owed to the person who makes the claim”. The simple meaning is that if one done negligence actions, in a place, which is untouched by other people, in such a place, there would not arise a duty of care toward others. Therefore the question of the breach of such duty of care would also not arise. In such a situation a legal action on negligence can not be instituted.
To understand above elements pertaining to negligence in law of tort, we shall discuss them in detail. Duty of Care In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached.

The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner. At common law, duties were formerly limited to those with whom one was in privity one way or another, as exemplified by cases like Winterbottom v. Wright (1842). In the early 20th century, judges began to recognize that enforcing the privity requirement against hapless consumers had harsh results in many product liability cases.
The idea of a general duty of care that runs to all who could be foreseeably affected by one’s conduct (accompanied by the demolishing of the privity barrier) first appeared in the landmark U. S. case of MacPherson v. Buick Motor Co. (1916) and was imported into UK law by another landmark case, Donoghue v Stevenson [1932]. MacPherson v. Buick Motor Co. , 217 N. Y. 382, 111 N. E. 1050 (1916) A famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions The plaintiff, Donald C.
MacPherson, a stonecutter, was injured when one of the wooden wheels of his 1909 “Buick Runabout” collapsed. The defendant, Buick Motor Company, had manufactured the vehicle, but not the wheel, which had been manufactured by another party but installed by defendant. It was conceded that the defective wheel could have been discovered upon inspection. The defendant denied liability because the plaintiff had purchased the automobile from a dealer, not directly from the defendant. The portion of the MacPherson opinion in which Cardozo demolished the privity bar to recovery is as follows: If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequence to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. That is as far as we need to go for the decision of this case . . . . If he is negligent, where danger is to be oreseen, a liability will follow” Donoghue v. Stevenson [1932] The case of Donoghue v. Stevenson [1932] illustrates the law of negligence, laying the foundations of the fault principle around the Commonwealth. The Plaintiff, Donoghue, drank ginger beer given to her by a friend, who bought it from a shop. The beer was supplied by a manufacturer, Stevenson in Scotland. While drinking the drink, Donoghue discovered the remains of an allegedly decomposed slug. She then sued Stevenson, though there was no relationship of contract, as the friend had made the payment.
As there was no contract, the doctrine of privity prevented a direct action against the manufacturer. In his ruling, justice Lord MacMillan defined a new category of delict (the Scots law nearest equivalent of tort), ( based on “implied warranty of fitness of a product” in a completely different category of tort–“products liability”) because it was analogous to previous cases about people hurting each other. Lord Atkin interpreted the biblical passages to ‘love thy neighbour,’ as the legal requirement to ‘not harm thy neighbour. He then went on to define neighbour as “persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question. Reasonably foreseeable harm must be compensated”. This is the first principle of negligence. Breach of the Duty The test is both subjective and objective. The defendant who knowingly (subjective) exposes the plaintiff/claimant to a substantial risk of loss, breaches that duty.
The defendant who fails to realize the substantial risk of loss to the plaintiff/claimant, which any reasonable person [objective] in the same situation would clearly have realized, also breaches that duty. Breach of duty is not limited to professionals or persons under written or oral contract; all members of society have a duty to exercise reasonable care toward others and their property. A person who engages in activities that pose an unreasonable risk toward others and their property that actually results in harm, breaches their duty of reasonable care.
An example is shown in the facts of Bolton v. Stone,[5] a 1951 legal case decided by the House of Lords which established that a defendant is not negligent if the damage to the plaintiff was not a reasonably foreseeable consequence of his conduct. In the case, a Miss Stone was struck on the head by a cricket ball while standing outside her house. Cricket balls were not normally hit a far enough distance to pose a danger to people standing as far away as was Miss Stone.
Although she was injured, the court held that she did not have a legitimate claim because the danger was not sufficiently foreseeable. Causation For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. Although the notion sounds simple, the causation between one’s breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred but for, or without, the accused party’s breach of the duty owed to the injured party.
Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused. Sometimes causation is one part of a multi-stage test for legal liability. For example for the defendant to be held liable for the tort of negligence, the defendant must have (1) owed the plaintiff a duty of care; (2) breached that duty; (3) by so doing caused damage to the plaintiff; and (4) that damage must not have been too remote. Causation is but one component of the tort.
On other occasions causation is the only requirement for legal liability (other than the fact that the outcome is proscribed). For example in the law ofproduct liability, the fact that the defendant’s product caused the plaintiff harm is the only thing that matters. The defendant need not also have been negligent. On still other occasions, causation is irrelevant to legal liability altogether. For example, under a contract of indemnity insurance, the insurer agrees to indemnify the victim for harm not caused by the insurer, but by other parties.
Where establishing causation is required to establish legal liability, it is usually said that it involves a two-stage inquiry. The first stage involves establishing ‘factual’ causation. Did the defendant act in the plaintiff’s loss? This must be established before inquiring into legal causation. The second stage involves establishing ‘legal’ causation. This is often a question of public policy: is this the sort of situation in which, despite the outcome of the factual enquiry, we might nevertheless release the defendant from liability, or impose liability?

Negligence: Duty of Care and Buick Motor Co.

Introduction to Duty of Care in Health, Social Care or Children’s and Young People’s Settings

Introduction to Duty of Care in Health, Social Care or Children’s and Young People’s Settings.

Understand the implications of duty of care. Define the term ‘duty of care’
All health and social care organisations have a duty of care towards any one that they may look after no matter what their age may be. This basically means that we must do what we can to keep a person of any age in our care safe from harm.
Describe how the duty of care affects own work role. I must at all times ensure that the person or persons that I look after are free from dangers within their care setting, this maybe from obstacles in the path that they walk that could cause a trip or fall. Make sure my hands are clean before the preparation of meals and drinks and to ensure person or person’s hands are clean before they start to eat their meal, this can prevent infections. To ensure person or person’s receive personal care, this can prevent urination burns, good hygiene to prevent infection to themselves and others.

Understand support available for addressing dilemma’s that may arise about duty of care.
2.1 Describe dilemma’s that may arise between the duty of care and individual’s rights.
1 dilemma could be personal care whether they are capable of assisting with their own personal care or of in need of receiving assistance with personal care. We are here to help maintain good personal hygiene but sometimes a person will refuse to assist themselves or allow someone to assist them, if this happens then it is their right to refuse they cannot be forced into something they do not want to do or receive something they don’t want.
2.2 Explain where to get additional support and advice about how to resolve such dilemma’s.
I would talk to the person whose personal hygiene was in question, to try and find out what the problem may be or look in their care plan to look at their background as there could be something within their past that could help. Also if a person in your care is prone to an illness such as UTI that can cause more confusion and change in personality report it immediately so necessary testing can be carried out. Talk to my team leader, sometimes an underlying illness can cause a person to react in a certain way, so possible G.P input maybe needed to rule anything out. Talk to the person’s family they may be able to help, the person may feel more comfortable around their family. In some cases you may need to get input from social workers and CPN.
Know how to respond to complaints
3.1 Describe how to respond to complaints.
First of all listen to the complaint and assess the right action to take. It all depends on what level of seriousness the complaint is. Once you have established this you should be able to either deal with the complaint yourself or advise which course of action to take and to whom to take the complaint to next.
3.2 Identify the main points of agreed procedures for handling complaints.
Complaints procedure has different methods depending on type of complaint and if it is a complaint that has not been dealt with previously with the desired results. Firstly talk to manager of the home this may be via telephone, or personally usually this can get your complaint dealt with straight away. Put your complaint in writing or email to either the manager of the home or to the area manager. They would then have to write or email you with acknowledgement of your complaint, also details of how long it may take to deal with your complaint and why. If the complaint is of a very serious nature you can then go to the Care Quality Commission.

Introduction to Duty of Care in Health, Social Care or Children’s and Young People’s Settings

Wa Student Duty of Care Policy

Wa Student Duty of Care Policy.
Memo for The Department of Education and Training, Western Australia (DETWA) To: All School Principals within the DETWA. Subject: A GUIDE TO HELP PARENT’S UNDERSTAND, THE WESTERN AUSTRALIAN DEPARTMENT OF EDUCATION & TRAINING, DUTY OF CARE POLICY FOR STUDENTS. Please find enclosed a detailed guide to helping your parents / caregivers understand the “Duty of Care Policy for Students”. This guide is an analysis of the policy document noting the key points that are easily understood by parents.
The report will also detail two scenarios providing examples of situations that can occur at any school and an action plan response to each scenario by following the duty of care policy guidelines. TABLE OF CONTENTS 1. 0 Introduction 2. 0 Background regarding the policy & Part 1 -Document Analysis 3. 0 Duty of Care explanation 4. 0 Reasonable Care explanation 5. 0 Key points to note 6. 0 Part 2 -Action Plans 7. 0 Scenario 1 & action plan response 8. 0 Scenario 2 & action plan response 9. 0 Conclusion / Personal Reflection 0. 0 References 1. 0 Introduction As parents, the “Duty of Care” policy is more than likely decidedly foreign. From here many questions, no doubt will arise? Why did the Western Australian government put this in place for their Department of Education and Training? What significance does this document have towards my children, parents may also be thinking? So many thoughts and questions have no doubt once or twice crossed a parents mind. I am sure some may not even be aware of this documents existence. 2. Background regarding the policy & Part 1 – Document Analysis To answer these imminent questions above, the significance of this report is to offer the Parents of Western Australian students attending primary and secondary schools, a further understanding. The Western Australian Government wrote the policy so that it would be implemented within the Department of Education WA and then handed down to all teachers. The document became effective on the 26/06/2007 and updated 02/08/2012. (Department of Education and Training, Western Australia (DETWA), 2012,1). As noted by the Department of Education and Training, Western Australia (2012,3)” this policy was created to ensure that all teaching staff, non teaching staff and volunteers know their legal responsibilities in ensuring reasonable care occurred to maintain the safety and wellbeing of all students whilst in their care and avoid acts that may result in injury. This policy is not just limited to within the school grounds but also outside school grounds, excursions and activities that fall under the care and guidance of school teachers, regardless of where the activity or lesson may occur. 3. 0 Duty of care explanation
What is the Duty of Care? Newnham (2000, 2) describes the Duty of care as a legal concept that was put in place under the Common Law, and it is well established in education regulations. 4. 0 Reasonable Care explanation with key points to note What is Reasonable Care? The Department of Education and Training, Western Australia, (2012, 3) also describe reasonable care as a situation that will always vary according to the overall circumstances involved. Teachers are to assess the “reasonableness” of the level of care needed by noting the following probabilities that can interfere or affect the outcome of care.

These probabilities are; * The school activity and its nature. * The environment upon which the activity will occur in, therefore the teacher must assess the risk, if any, involved. * Pre-existing medical conditions, like allergies, epilepsy, diabetes. * Ages and skills of the students. * Physical or Intellectual impairments & Behavioural issues 5. 0 Key points to note There are some other key points that the Duty of Care policy would acknowledge. These include that a principal or teacher must ensure that all department employees must hold the necessary identification and qualifications required including non teaching staff.
Also, volunteers and the like must also possess a working with children check card. The details of this policy and how this check can be completed is found via the following government website, http://www. checkwwc. wa. gov. au/checkwwc The importance of having such a policy is to protect both student and teacher and offer the teacher clear, concise guidelines on what “duty of care” is expected of teaching staff to reduce the chance of negligence and possible legal implications.
A highly topical direct quote included below is from abstract, Newnham, (2000, 1) is particularly pertinent to this report and extremely beneficial to take note: “The law is increasing affecting the practice of education. The most likely reason a teacher or school will face legal action is in negligence where a student has been injured while under the school’s protection. This may occur in a variety of settings.
To satisfy the elements of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, by not maintaining the appropriate standard and that the injury was a reasonably foreseeable consequence of that breach of duty. It would be rare for a teacher to face criminal charges but it could happen if a teacher had an intention to harm or acted recklessly. ” (Newnham 2000, 1) The policy document also offers guidelines for parents and caregivers and their responsibilities for their children before and after school care time slots and whilst on school grounds.
This will clearly advise the parent / caregiver the times for when their children will and will not be supervised and offer a guide as to whether the student is protected or not under the school’s duty of care policy. 6. 0 Part 2 – Action Plans Below are action plans that a teacher in the following scenarios could note and introduce to ensure that the teacher is consistently adhering to the Western Australian Government and the Department of Education & Training’s, Duty of Care Policy. 7. 0 Scenario 1 & Action Plan A student is consistently interrupting other students during a classroom lesson.
In dealing with this student’s interruptions, the teacher sends the student out of the classroom for ‘timeout’. The teacher tells the student to wait outside the classroom door until asked to return to the room. This reprimanded student is no longer in the teacher’s view. The scenario above notes that the teacher involved has not exercised her duty of care and could be seen to be negligent as the student was no longer in the teachers view. As per notes from Newnham, (2000,46) the teacher has a duty of care to ensure that they are providing adequate supervision and no longer being in view is detrimental to this.
The teacher was no doubt disappointed in the student and his associated behaviour but asking the student to leave for timeout could have been handled in a more appropriate way. As per the teachers duty of care policy (Department of Education and Training, Western Australia, 2012, 3) the teacher needed to provide a suitable disciplinary action that ensured the student remained in full view. Otherwise by no longer being in view, the student could have harmed or injured, himself and the teacher would possibly be held responsible for not following the act of reasonable care and therefore classed as being negligent.
The teacher could have opted for a variety of disciplinary actions from as painless as giving the timeout punishment and asking the student to remain in the far corner of the classroom until notified or the teacher could have phoned the principal’s office and asked that the principal come and escort the student to the office to remain in timeout whilst in a supervised environment. 8. 0 Scenario 2 & Action Plan A first year student teacher accompanies a supervising teacher out on duty at lunch time.
While on playground duty, an incident occurs that requires the supervising teacher to accompany a student to the administration block, which is not within the supervision area. The supervising teacher asks the student teacher to remain on duty for her as she tends to the dilemma. This would mean the student teacher would be the only teacher supervising the designated play area at this time. Firstly Newhman, (2000, 49) notes that if the incident was indeed severe enough, ensure that the nature of the incident was documented.
Other details that would need to be included in the incident report would be with who was present at the time in the events leading up to and when taking place. This will ensure that if further issue is raised, the teacher can be at ease that they have completed the right steps to ensure that negligence did not take place. Secondly, under the Duty of Care policy (Department of Education and Training, Western Australia, 2012, 3) the teacher should have clarified with the student teacher if they were comfortable to be left to undertake the primary care of the remaining students and be given the right to refuse.
If refused, the student teacher would have been best to escort the student to the administration block or even more so the student teacher could have quickly alerted another teacher to come and assist the situation at hand and escort the student or takeover the supervisory role. 9. 0Conclusion & Personal Reflection Whilst reading through the DETWA Duty of Care Policy for Students, I was certainly not aware of the importance of one component of the policy document.
The component I was not aware of was that as a teacher, I should be ensuring that any student teacher, non teaching staff or volunteer who may assist in my classroom, has the right to refuse the role of undertaking primary care of the students. If I had to leave the classroom or area where the class was being conducted, I must first ask this pertinent question of “Are you comfortable if I leave the room for said period of time? ” This question was simply was not something that I gave much thought to.
When I thought about this more, I realised it actually is common courtesy, to simply, ask first and then I will ensure the level of comfort of the other person helping is ascertained. I know that this element of the Duty of Care policy will be something I personally will take on board and remember to use within my classroom. In summary, the Western Australian Government’s, Duty of Care policy is undoubtedly a particularly crucial document. It’s a crucial document that all Western Australian Teacher’s who are employed within the Department of Education & Training, need to follow. As I ecome a teacher, this policy is simply another tool that I as a teacher, must concur with and abide by at all times, whilst the students are under my care. A Student’s safety is one of the most respected trusts that a caregiver / parent will ask of me as their child’s teacher. To ensure that I do not lose that vital trust placed in me, it will be essential that I follow these set guidelines from this document. I should also consistently using common sense, adhere to school policy and I then should never have to be concerned with the legalities of negligence and that my students should always be cared for well. Word count 1744) 10. 0 References The Government of Western Australia, (2012) Department of Education & Training: Duty of Care for Students. Western Australia: Retrieved from http://det. wa. edu. au/policies/detcms/policy-planning-and-accountability/policies-framework/policies/duty-of-care-for-students Department of child protection, (2008) Working with children check: Retrieved from http://www. checkwwc. wa. gov. au/checkwwc Newnham, Helen (2000) “When is a teacher or school liable in negligence? ” Australian Journal of Teacher Education: Vol. 25: Iss. 1, Article 5. Available at: http://ro. ecu. edu. au/ajte/vol25/iss1/5

Wa Student Duty of Care Policy

Duty of Care

Duty of Care.
1. 1 What it means to have a duty of care in own work setting. Duty of care is the “fundamental obligation that anyone working in child care, whatever the type of service and whatever their role, is to keep children safe”. (Marilyn Hopkins LLB, Dip. Ed.. (March 2006). DUTY OF CARE. This will involve giving appropriate attention in particular tasks to ensure no one is harmed, watching out for potential hazards i. e. risk assessments preventing mistakes or accidents and making wise choices about steps undertaken in a role.
A duty of care should also extend to parents, as they expect practitioners to use their knowledge and expertise to care for children properly. The Early Years Foundation Stage (EYFS) framework provides assurance to parents and carers that early years providers will keep their children safe and help the children to thrive. The overall aim of the EYFS is to help the children achieve the five Every Child Matters outcomes, * Staying Safe. * Being healthy * Enjoying and Achieving * Making a positive contribution Achieving economic wellbeing By applying to all settings in the early years sector, improving quality and consistency through a universal set of standards. ` It is a legal responsibility from September 2008 that these providers ensure their provisions meet the learning and development requirements and complies with welfare regulations, as required by section 40 of the childcare Act 2006’ (Meggit. C (et al), 2011, pg. 41) 1. 2 Explain how duty of care contributes to the safeguarding or protection of Individuals
Duty of care contributes to the safeguarding or protection of the individual child by having a number of policies and procedures to follow ensuring that a child’s health and safety is paramount. This is done by daily checks, risk assessments, fire drills so children are aware of where to go and what do to. Promises are in place to ensure the child has boundaries of what is acceptable behaviour. Each child has a progress plan to make sure that all individual needs are met.

The guidance from the Every Child Matters Framework reminds us that: ‘as those who come into contact with children and families in their everyday work, including practitioners who do not have specific role in relation to safeguarding children, have a duty to safeguard and promote the welfare of children’. (Meggit C. page 41) The general welfare requirements for safeguarding and promoting children’s welfare as set out by the EYFS are: * Providers must take necessary steps to safeguard and promote the welfare of children. Providers must promote good health of the children, take necessary steps to prevent the spread of infection, and take appropriate action when they are ill. * Children’s behaviour must be managed effectively and in a manner appropriate for their stage of development and particular individual needs. * Ensure that adults looking after children, or having unsupervised access to them, are suitable to do so Bibliography : http://www. rch. org. au/emplibrary/ecconnections/CCH_Vol9_No1_March2006. pdf 19/11/2011 Meggitt. C, (et al), 2011, Children and Young People’s Workforce Hodder Education, London

Duty of Care

Introduction to Duty of Care in Health, Social Care or Children’s

Introduction to Duty of Care in Health, Social Care or Children’s.
CT235: Introduction to duty of care in health, social care or children’s and young people’s settings (level 2) Overview Introduction The assignment for unit CT235 asks you to demonstrate your knowledge and understanding of the principles for duty of care in health, social care or children’s and young peoples settings. The assignment is designed to ensure that by completing all the tasks, you will meet the learning outcomes and assessment criteria for this unit. Tasks There are three tasks to this assignment. Task A : short answer questions Task B: complete table Task C : short answer questions Task A: 1.
Understand how duty of care contributes to safe practice Please answer the following: 1. What does duty of care mean in adult settings? (Ref:1. 1) The duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care. It applies to everyone, organisations, even if not directly involved with the person and ensures the safeguarding of you and others whom you support. 2. Describe how this affects your own job role (Ref 1. 2) We are here to ‘look after’ vulnerable adults and we have a duty to protect and serve the service users to the best of our ability.
Related reading: Explain Legal and Organisational Requirements for Dealing With Complaints

Task B: 2. Know how to address conflicts or dilemmas that may arise between an individuals rights and your duty of care Complete the following table: Example of potential conflict or dilemma (Ref: 2. 1)Where to get additional support and advice (Ref 2. 2) 1. A resident who is refusing to eat or drink anything Try to persuade them to eat or drink, calmly explain the importance of them eating and drinking, if that fails report to a senior member of staff and document the situation. 2. A resident who is being violent, abusive or un-cooperative.
Give them time to calm down , be patient and try and make them feel safe and supported. Maybe there’s a reason behind the abuse and violence? Try and get to the bottom of it?. Talk to a senior member of staff and document the episodes maybe there’s a pattern. 3. A resident is refusing to shower or wash or have their clothes changed. Calmly explain the importance of washing and personal hygiene see if it helps if not document and report to a senior member of staff. Task C: 3. Know how to respond to complaints. For this task please explain the following: 1.
The main points of agreed procedures for handling complaints in adult settings (3. 1) Policies and procedures are in place to be followed, we have a complaints procedure which is easily accessible to service users and their prospective families. We have them easily accessible so that the service users know that they have a right to have an opinion and there are ways for them to be heard. 2. How would you respond to a complaint (3. 2) Following the complaints procedure I would report the complaint to a senior member of staff and document the complaint as necessary.

Introduction to Duty of Care in Health, Social Care or Children’s