Duty of care:
Duty of care significantly contributes to safe practice in health and social care. This can be done by the legal
obligation to protect wellbeing and prevent harm, ensuring safe practice and balancing individual rights with risks. It
can also be done by protecting health, safety and wellbeing and upholding the rights and promoting the interests of
individuals experiencing abuse and neglect.
Legal obligation to protect wellbeing and prevent harm:
P1
Duty of care is a legal obligation to always act in the best interests of the service user and anyone in the service
provision that can be affected by your actions. This means that we must not fail to act in a way that prevents harm or
act in a way that does cause anyone harm. This includes on the Zebra Ward the Nurse failing to record the injuries
that he observed that he and the Doctor suspected could be abuse, on the children, this can leave the children at risk
of further harm or even physical abuse. However, it is also crucial that health and social care professionals become
professionally detached in order to provide care and support without being emotionally involved, this is in the best
interest of the service user as you will be able to provide effective care and support without emotions getting in the
way and furtherly effecting the service user. This can relate to the Social worker as in order to get the children help
effectively, they need to have a professional detachment.
M1
It is crucial that we balance individual rights with duty of care in order to ensure the safety of everybody in the
service provision/workplace. Such as the legal obligation to protect wellbeing and prevent harm. This shown by
cpdonline (nd), where it states that the Care Act 2014 refers to the legal obligation to safeguard vulnerable adults. If
we don’t uphold the legal obligation to protect wellbeing and prevent harm it may have some serious implications as
the safety of everyone would be compromised. It can result in accidents, injuries and in extreme cases, death. In my
opinion I think that maintaining the duty of care of protecting wellbeing and preventing harm is more important that
individual rights. This can link to Lucy and Kevin Smith on the Zebra Ward as they both have a legal right to see their
dad. However, if they are at risk of abuse it may not be the best idea as we have a duty of care to protect well-being
and prevent harm.
cpdonline. (nd). legislation and policies that surround safeguarding vulnerable adults. Available:
https://cpdonline.co.uk/knowledge-base/safeguarding/legislation-and-policies-that-surround-safeguarding-
vulnerable-adults/. Last accessed 16th jan 2021.
Upholding the rights and promoting the interests of individuals experiencing abuse and neglect:
P1
Making sure service users know their rights as individuals and promoting their bests interests for those experiencing
abuse and neglect in health and social care is a crucial part of duty of care. At the service provision, or workplace,
you may find that the service users trust you. This may result in you having to act as an advocate for a vulnerable
service user, this will ensure that they are treated with dignity and fairly. For example, in the Zebra Ward a health
and social care professional may have to act as an advocate for Lucy and Kevin Smith as they are both at risk of
abuse and both young children. All service users have different abilities and needs, for example, some may lack the
capacity to recognise and protect their own rights because they cannot understand the implications of their
circumstances, or the consequences of their own actions. Therefore, it’s a duty for staff members to act as advocates
for their service users. This can also relate to Lucy and Kevin Smith on the Zebra Ward as they both don’t have the
mental capacity to protect and recognise their own rights because of their age. It is also your job as a health and
social care professional to work on the principle that service users are always telling the truth as it isn’t your job to
tell them that they are wrong. As well this you must not promise to keep a secret for a service user, as it may put the
service user or even you at risk of harm. It’s crucial that you follow disclosure policies. These can relate to the Zebra
Ward as if one of the children were to confirm that they are being abused it is important that they know that legally
you cannot keep it a secret.
M1
It is crucial we balance the rights of individuals with duty of care in order to safeguard and protect the wellbeing of
service users. Such as the duty of care of upholding the rights and promoting the interests of individuals experiencing
abuse and neglect. As shown by sqa.org (nd), upholding rights can include the individual’s right to be in control of
their own life, to be respected for who they are and to have all of their information about themselves kept private. If
we don’t balance individual rights with duty of care, in terms of upholding individual rights and promoting interests
of individuals experiencing abuse and neglect, the implications may lead to further injury, illness or abuse. This
consequences of this can be fatal in extreme cases. In my opinion duty of care is more important than individual
rights as duty of care ensures the safety of everyone in the workplace. This can link to Lucy and Kevin on the Zebra
, Ward as the staff suspect they are being abused and we have a duty of care to uphold and promote their rights and
interests, however, they also have a right to confidentiality. But ensuring their safety is more important than their
confidentiality.
SQA. (nd). upholding individual rights. Available:
https://www.sqa.org.uk/files/aq/H5P9_04.pdf. Last accessed 17th jan 2021.
Protecting health, safety and wellbeing:
P1
Protecting health, safety and wellbeing is also a duty of care for health and social care professionals. In the
workplace you’re in a position of trust and we need to understand that the service users you are working with may
be vulnerable. Therefore, you may have to be the one who is making sure that the service user isn’t being exploited,
intimidated or treated unfairly. This relates back to Lucy and Kevin on the zebra ward because they displayed actions
that indicated they are intimidated by their father as Kevin hid under the bed and both him and Lucy were crying as
he entered. It is your job to ensure their health, safety and wellbeing are not at risk. If you decide to take action,
then you should be able to justify that your actions are safe, fair, considered and warranted to your managers and
that you have done everything properly. As health and social care professional and employee, you also have a duty
to take care of yourself. It is also crucial that you consider implications of your failings or actions, and also take care
of them. This is applied to the Zebra Ward because the Nurse noticed the injuries on the children and instead of
reporting them, he was keen to get of duty, this is a failing. The implications of this is the children being furtherly
injured, both physically and mentally, or in extreme circumstances his failing may result in the death of those
children.
M1
It is extremely important that we balance individual rights with duty of care in order to protect and prevent harm to
everyone in the workplace. Such as the duty of care of protecting health, safety and wellbeing. As shown by NHS
employers (2020), maintaining the health, safety and wellbeing of the workforce is essential so they are healthy and
protected when looking after service users. If we don’t provide the duty of care of protecting health, safety and
wellbeing there will be negative effects of both physical and mental health/wellbeing. In the case of protecting
health, safety and wellbeing duty of care is more important than individual rights in my opinion. This can link to
Kevin and Lucy Smith on the Zebra Ward because they both have a right to see their father even though the staff
suspect abuse. However, you have a duty of care to protect their health, safety and wellbeing and their father may
compromise this.
NHS employers. (2020). health safety and wellbeing. Available:
https://www.nhsemployers.org/covid19/health-safety-and-wellbeing. Last accessed
17th jan 2021.
Ensuring safe practice:
P1
It is an extremely important duty of care that when you are in a work setting, including a service user’s home, that
you put into practice and follow the safety policies that are set out by your employing organisations. This benefits
everyone around you such as the employing organisation, the service user, you and anyone else in the workplace.
Not observing safe practices may cause implications such as accidents or injuries that could possibly result in death.
This links back to Lucy and Kevin Smith on the Zebra Ward as the nurse and doctor never recorded the injuries that
they observed, this isn’t ensuring safe practice, and the implications of this are that the children are in a place where
they are at risk of harm and neglect. If there is an accident caused by not observing safe practice then they will have
to be investigated and this can be costly in time, damaged health and money. In all environments there are hazards,
especially in a service user’s home such as large furniture, thick rugs, pets etc. They can create problems when using
equipment’s such as hoists, this need to be considered before taking on a task. If you need to remove pets from the
room be sure to let the service user know what you are doing to prevent distressing them. You need make sure tasks
are thoroughly planned before they are performed to reduce the risks of accidents. The Care Quality Commission
(CQC) has made it a requirement that health and safety training in the workplace is a part of your induction. Training
is crucial when maintaining safe and effective working practice. You should promote and practice a culture of safe
practice, set and provide high standards of care. This can link back to the nurse who administered Lucy and Kevin’s
medication because may be if he would have had more Training, he would know that is very important to record any
injuries that he is, especially if he suspects abuse. Personal development is also a duty of care when ensuring safe
practices. This can be done by reflective practice, where you can ask yourself questions like “did I use the right health
and safety procedures then?” and “what can I do differently to improve next time?”. It is important to share
Duty of care significantly contributes to safe practice in health and social care. This can be done by the legal
obligation to protect wellbeing and prevent harm, ensuring safe practice and balancing individual rights with risks. It
can also be done by protecting health, safety and wellbeing and upholding the rights and promoting the interests of
individuals experiencing abuse and neglect.
Legal obligation to protect wellbeing and prevent harm:
P1
Duty of care is a legal obligation to always act in the best interests of the service user and anyone in the service
provision that can be affected by your actions. This means that we must not fail to act in a way that prevents harm or
act in a way that does cause anyone harm. This includes on the Zebra Ward the Nurse failing to record the injuries
that he observed that he and the Doctor suspected could be abuse, on the children, this can leave the children at risk
of further harm or even physical abuse. However, it is also crucial that health and social care professionals become
professionally detached in order to provide care and support without being emotionally involved, this is in the best
interest of the service user as you will be able to provide effective care and support without emotions getting in the
way and furtherly effecting the service user. This can relate to the Social worker as in order to get the children help
effectively, they need to have a professional detachment.
M1
It is crucial that we balance individual rights with duty of care in order to ensure the safety of everybody in the
service provision/workplace. Such as the legal obligation to protect wellbeing and prevent harm. This shown by
cpdonline (nd), where it states that the Care Act 2014 refers to the legal obligation to safeguard vulnerable adults. If
we don’t uphold the legal obligation to protect wellbeing and prevent harm it may have some serious implications as
the safety of everyone would be compromised. It can result in accidents, injuries and in extreme cases, death. In my
opinion I think that maintaining the duty of care of protecting wellbeing and preventing harm is more important that
individual rights. This can link to Lucy and Kevin Smith on the Zebra Ward as they both have a legal right to see their
dad. However, if they are at risk of abuse it may not be the best idea as we have a duty of care to protect well-being
and prevent harm.
cpdonline. (nd). legislation and policies that surround safeguarding vulnerable adults. Available:
https://cpdonline.co.uk/knowledge-base/safeguarding/legislation-and-policies-that-surround-safeguarding-
vulnerable-adults/. Last accessed 16th jan 2021.
Upholding the rights and promoting the interests of individuals experiencing abuse and neglect:
P1
Making sure service users know their rights as individuals and promoting their bests interests for those experiencing
abuse and neglect in health and social care is a crucial part of duty of care. At the service provision, or workplace,
you may find that the service users trust you. This may result in you having to act as an advocate for a vulnerable
service user, this will ensure that they are treated with dignity and fairly. For example, in the Zebra Ward a health
and social care professional may have to act as an advocate for Lucy and Kevin Smith as they are both at risk of
abuse and both young children. All service users have different abilities and needs, for example, some may lack the
capacity to recognise and protect their own rights because they cannot understand the implications of their
circumstances, or the consequences of their own actions. Therefore, it’s a duty for staff members to act as advocates
for their service users. This can also relate to Lucy and Kevin Smith on the Zebra Ward as they both don’t have the
mental capacity to protect and recognise their own rights because of their age. It is also your job as a health and
social care professional to work on the principle that service users are always telling the truth as it isn’t your job to
tell them that they are wrong. As well this you must not promise to keep a secret for a service user, as it may put the
service user or even you at risk of harm. It’s crucial that you follow disclosure policies. These can relate to the Zebra
Ward as if one of the children were to confirm that they are being abused it is important that they know that legally
you cannot keep it a secret.
M1
It is crucial we balance the rights of individuals with duty of care in order to safeguard and protect the wellbeing of
service users. Such as the duty of care of upholding the rights and promoting the interests of individuals experiencing
abuse and neglect. As shown by sqa.org (nd), upholding rights can include the individual’s right to be in control of
their own life, to be respected for who they are and to have all of their information about themselves kept private. If
we don’t balance individual rights with duty of care, in terms of upholding individual rights and promoting interests
of individuals experiencing abuse and neglect, the implications may lead to further injury, illness or abuse. This
consequences of this can be fatal in extreme cases. In my opinion duty of care is more important than individual
rights as duty of care ensures the safety of everyone in the workplace. This can link to Lucy and Kevin on the Zebra
, Ward as the staff suspect they are being abused and we have a duty of care to uphold and promote their rights and
interests, however, they also have a right to confidentiality. But ensuring their safety is more important than their
confidentiality.
SQA. (nd). upholding individual rights. Available:
https://www.sqa.org.uk/files/aq/H5P9_04.pdf. Last accessed 17th jan 2021.
Protecting health, safety and wellbeing:
P1
Protecting health, safety and wellbeing is also a duty of care for health and social care professionals. In the
workplace you’re in a position of trust and we need to understand that the service users you are working with may
be vulnerable. Therefore, you may have to be the one who is making sure that the service user isn’t being exploited,
intimidated or treated unfairly. This relates back to Lucy and Kevin on the zebra ward because they displayed actions
that indicated they are intimidated by their father as Kevin hid under the bed and both him and Lucy were crying as
he entered. It is your job to ensure their health, safety and wellbeing are not at risk. If you decide to take action,
then you should be able to justify that your actions are safe, fair, considered and warranted to your managers and
that you have done everything properly. As health and social care professional and employee, you also have a duty
to take care of yourself. It is also crucial that you consider implications of your failings or actions, and also take care
of them. This is applied to the Zebra Ward because the Nurse noticed the injuries on the children and instead of
reporting them, he was keen to get of duty, this is a failing. The implications of this is the children being furtherly
injured, both physically and mentally, or in extreme circumstances his failing may result in the death of those
children.
M1
It is extremely important that we balance individual rights with duty of care in order to protect and prevent harm to
everyone in the workplace. Such as the duty of care of protecting health, safety and wellbeing. As shown by NHS
employers (2020), maintaining the health, safety and wellbeing of the workforce is essential so they are healthy and
protected when looking after service users. If we don’t provide the duty of care of protecting health, safety and
wellbeing there will be negative effects of both physical and mental health/wellbeing. In the case of protecting
health, safety and wellbeing duty of care is more important than individual rights in my opinion. This can link to
Kevin and Lucy Smith on the Zebra Ward because they both have a right to see their father even though the staff
suspect abuse. However, you have a duty of care to protect their health, safety and wellbeing and their father may
compromise this.
NHS employers. (2020). health safety and wellbeing. Available:
https://www.nhsemployers.org/covid19/health-safety-and-wellbeing. Last accessed
17th jan 2021.
Ensuring safe practice:
P1
It is an extremely important duty of care that when you are in a work setting, including a service user’s home, that
you put into practice and follow the safety policies that are set out by your employing organisations. This benefits
everyone around you such as the employing organisation, the service user, you and anyone else in the workplace.
Not observing safe practices may cause implications such as accidents or injuries that could possibly result in death.
This links back to Lucy and Kevin Smith on the Zebra Ward as the nurse and doctor never recorded the injuries that
they observed, this isn’t ensuring safe practice, and the implications of this are that the children are in a place where
they are at risk of harm and neglect. If there is an accident caused by not observing safe practice then they will have
to be investigated and this can be costly in time, damaged health and money. In all environments there are hazards,
especially in a service user’s home such as large furniture, thick rugs, pets etc. They can create problems when using
equipment’s such as hoists, this need to be considered before taking on a task. If you need to remove pets from the
room be sure to let the service user know what you are doing to prevent distressing them. You need make sure tasks
are thoroughly planned before they are performed to reduce the risks of accidents. The Care Quality Commission
(CQC) has made it a requirement that health and safety training in the workplace is a part of your induction. Training
is crucial when maintaining safe and effective working practice. You should promote and practice a culture of safe
practice, set and provide high standards of care. This can link back to the nurse who administered Lucy and Kevin’s
medication because may be if he would have had more Training, he would know that is very important to record any
injuries that he is, especially if he suspects abuse. Personal development is also a duty of care when ensuring safe
practices. This can be done by reflective practice, where you can ask yourself questions like “did I use the right health
and safety procedures then?” and “what can I do differently to improve next time?”. It is important to share
