1
Wiktoria Gwozdz
Unit 7: Principles of Safe Practice in Health and Social Care
Keeping People Safe
Red text = Part one Resub
Orange text = Part two resub
So, it does not confuse you I labelled it!
Green text = added neglect to it.
7.AP1/ Explain the implications of a duty of care in a selected health or social care setting?
Duty of care is a legal requirement to always act in our best interest towards service users and anyone
else who could be affected by your decisions or actions. Duty of care is important to service users
because they are vulnerable, meaning that you must promote their rights and promote interest of
individuals who might be experiencing abuse or neglect, we must be protecting health, safety and
wellbeing and ensuring safe practice is happening. Examples of how this could be the CQC (Care Quality
and Commission) requiring regular health and safety training as part of your induction. This ensures that
we are protecting our and others' health and wellbeing. Marylin Billingham Pamela Davenport Nicola
Mattews Beryl Stretch Hilary Talman ProQuest Ebook Central - Reader
There are seven aspects of duty of care, these are called legal obligation, upholding rights, protecting
health and safety, ensuring safe practice, code of conduct, balancing individual rights, acting in a
person’s best interest. The first aspect is called the legal obligation, which means a legal duty to perform
an action or not, it is usually linked in with safeguarding because we must protect service users from
abuse so that they are not taken advantage of. As a result, you are accountable and responsible for
anything that happens to the service users. There are many health and social care settings which must
have a legal obligation if something happens to their service users, for example, in a mainstream/ SEN
school, a care home, and a day centre. As a part of your code of professional conduct is to set
boundaries within your relationships, this is important because relationships with Your service users are
different compared to your family and friends. However, you must not have any emotional attachment
to Your service users as you should be providing care effectively. This is referred to as ‘Professional
Detachment.’ Ellie Collier (2021) Duty of Care | Safeguarding in Health and Social Care
(highspeedtraining.co.uk) (21.05.2021) Marylin Billingham Pamela Davenport Nicola Mattews Beryl
Stretch Hilary Talman ProQuest Ebook Central - Reader
The next aspect of duty of care is called upholding the rights and promoting the interests of individuals
experiencing abuse or neglect. This means that we must ensure that service users know that they have
rights and that you can be trusted and as a result they must be treated fairly and with respect. So that
we are not discriminating against service users. However, we must promote the interests of individuals
who experience abuse or neglect because it can happen at any time and in any place. These service
users might not ask for what they need because they fear an individual who could be such as a family
member or a healthcare professional. Sometimes service users cannot promote their rights because
they do not have the mental state to understand the consequences of a certain action. As a result, we
, 2
should consider how comments could affect the service user’s self-esteem, we must not judge them or
tell them they are wrong. We also must believe that they are telling the truth. NHS (2021) Abuse and
neglect of vulnerable adults (safeguarding) - NHS (www.nhs.uk) (25.03.2021)
The next aspect is called protecting health, safety, and well-being. This means that we should be able to
explain our actions to the manager and how they are considered fair and safe. This is important because
we must remember that these service users are vulnerable and that you have the power over them and
if their health and safety is not provided, such as failing to maintain their needs. This is referred to as an
act of omission where the healthcare professionals fail to provide something needed. For example, fresh
clothing. However, our wellbeing must be considered too because if we are not in the right mind state
when it can have an impact on our actions and how Your actions can fail everyone. The wellbeing of
service users should be considered too because they can witness things such as an individual being
forced into compulsory treatment, and they could see that as violence. They can also witness
tranquilization and that could be seen as traumatizing, which is why they should be considered too.
Ametz Heinel (2020) What is act and omission? (treehozz.com) (23.06.2020) National Institute for Health
and Clinical Excellence (2011) CG136 Service user experience in adult mental health: improving the
experience of care for people using adult NHS mental health services (full guideline) (nice.org.uk)
(December 2011)
Another aspect of duty of care is called ensuring safe practice. This means that you must ensure you are
following the workplace's policies, this is beneficial for you and your employers and service users. As it
ensures there are no risks and hazards that could result in harm. Not observing safe practice can lead to
accidents within the setting that can be fatal and painful. If accidents are to happen then there would be
an investigation meaning that there could be a loss of time, money, job. You must ensure that you know
what there could be in the way for Your service users as it maximum a risk of accidents which is why it is
so important that we plan tasks carefully. Luckily, external agencies provide training ensuring safe
practices, it is important that healthcare professionals attend this training. Marylin Billingham Pamela
Davenport Nicola Mattews Beryl Stretch Hilary Talman ProQuest Ebook Central - Reader
The following aspect of duty of care is called the code of conduct. Code of conduct means a national
standard that is expected of care workers and healthcare workers in United Kingdom. The code of
conduct outlines behaviors and attitudes that are marked as acceptable or not acceptable. External
Agencies have a code of conduct set for their workers. An example of an external Agencie could be NMC
(Nursing and Midwifery Counsil) and CQC (Care Quality Commission). These external agencies have a
code of conduct that is set to ensure that service users get effective and great care. They are also set to
ensure that they are following the six C’s, the six Cs are as follows, care,compassion,competence,
courage, and commitment. These are important because they show how you should efficiently give care
and talk to the service users and that You're willing to take feedback and willing to change and willing to
take new paths. Skills for Care Code of Conduct (skillsforcare.org.uk) NMC nmc-code.pdf
The last two aspects of duty of care are called balancing individual rights with risks and acting in the
person’s best interests. Acting in the person’s best interests means that as healthcare professionals we
should be concerned with what choices we make to or about the service users, we must ensure that the
choices we make are beneficial and will not cause any harm. Healthcare Professionals are trying to make
the situation better and cause no harm. However, you can only do this if you have their consent unless
there is evidence where the individual lacks the power to make the decision at the time when it needed
, 3
to be made. For example, this could happen if an individual is in a coma and cannot make their own
decision so the healthcare professionals would be making this decision. The last aspect of duty of care is
called balancing individual rights with risks, this means that we must promote service users to make
their own decisions, however, we must ensure that the service user makes an informed decision.
Informed decision means that healthcare professionals discuss the positives and negatives of that
decision and then allow the service user to use their judgement and decide. NHS (2019)Consent to
treatment - NHS (www.nhs.uk) Carol Murphy (2018) (Centre for youth and criminal justice) Balancing
rights and risk: How can we get it right for children involved in violent behaviour? (cycj.org.uk)
Using Merryvale residence as an example, after reading the case study I can clearly see that the
following aspect of duty of care has not been met and it is the one about balancing individual rights. It is
said in the case study that two females are in a same sex relationship and are being shown
discrimination around the residence, the couple feel like they should be able to have a double room
with each other. The staff at Merryvale residence should have been supporting the couple on what
rights they have. It is also stated that the partner has realized that her partner has had bruises on her
neck and arms when she requires support with dressing and bathing, when she questioned it, the staff
have said she fell over. The case study has another aspect of duty care broken that is called protecting
health, safety, and wellbeing, they are not protecting health if they are causing bruises on service user’s
body, this is abuse and it is also breaking the staff code of conduct as they are not following the rules
stated by external agencies, in this case it would be breaking CQC code of conduct. As a result, service
users from Merryvale residence will fear the Heathcare professionals, because the service users will feel
like they cannot express themselves in fear that they could be abused like the same sex couple from the
case study. They would feel like the residence is not a safe place to be living in as they are being
discriminatory towards a same sex couple, which suggests that they are not following the equality and
diversity act.
Now going onto the second case study, Cherry Trees is a children’s Centre where Lisa attends. Lisa is
three years old, and she is on the autistic spectrum. Cherry trees have recently been understaffed as
serval staff members have left, as a result cherry trees have gotten volunteers who have not gotten a
Disclosure and Barring Service (DBS), They have also not been informed of any first aid training and have
not been informed of emergency evacuation procedures. I can already say that they are not ensuring
safe practice because if a fire were to break out the volunteers would have no idea to go, this suggests
that they are not promoting safe practice as they are letting individuals in without a DBS, we do not
know their criminal record they could take advantage of the children which is a safeguarding issue. They
are also not following the aspect of protecting health and wellbeing by having individuals with no first
aid training or any health and safety which is a huge risk. As a result, the children will be afraid to
encounter volunteers, because they do not know any training. The children may hurt themselves and
the volunteers will have no clue on what to do as a result, if the injury were bad and even life-
threatening then the volunteer could be responsible for the death and especially the Centre because
they employed people with no training.
7/A. P2: Discuss ways in which complaints and appeals procedures address failure in a duty of care in
a selected health or social care setting?
Wiktoria Gwozdz
Unit 7: Principles of Safe Practice in Health and Social Care
Keeping People Safe
Red text = Part one Resub
Orange text = Part two resub
So, it does not confuse you I labelled it!
Green text = added neglect to it.
7.AP1/ Explain the implications of a duty of care in a selected health or social care setting?
Duty of care is a legal requirement to always act in our best interest towards service users and anyone
else who could be affected by your decisions or actions. Duty of care is important to service users
because they are vulnerable, meaning that you must promote their rights and promote interest of
individuals who might be experiencing abuse or neglect, we must be protecting health, safety and
wellbeing and ensuring safe practice is happening. Examples of how this could be the CQC (Care Quality
and Commission) requiring regular health and safety training as part of your induction. This ensures that
we are protecting our and others' health and wellbeing. Marylin Billingham Pamela Davenport Nicola
Mattews Beryl Stretch Hilary Talman ProQuest Ebook Central - Reader
There are seven aspects of duty of care, these are called legal obligation, upholding rights, protecting
health and safety, ensuring safe practice, code of conduct, balancing individual rights, acting in a
person’s best interest. The first aspect is called the legal obligation, which means a legal duty to perform
an action or not, it is usually linked in with safeguarding because we must protect service users from
abuse so that they are not taken advantage of. As a result, you are accountable and responsible for
anything that happens to the service users. There are many health and social care settings which must
have a legal obligation if something happens to their service users, for example, in a mainstream/ SEN
school, a care home, and a day centre. As a part of your code of professional conduct is to set
boundaries within your relationships, this is important because relationships with Your service users are
different compared to your family and friends. However, you must not have any emotional attachment
to Your service users as you should be providing care effectively. This is referred to as ‘Professional
Detachment.’ Ellie Collier (2021) Duty of Care | Safeguarding in Health and Social Care
(highspeedtraining.co.uk) (21.05.2021) Marylin Billingham Pamela Davenport Nicola Mattews Beryl
Stretch Hilary Talman ProQuest Ebook Central - Reader
The next aspect of duty of care is called upholding the rights and promoting the interests of individuals
experiencing abuse or neglect. This means that we must ensure that service users know that they have
rights and that you can be trusted and as a result they must be treated fairly and with respect. So that
we are not discriminating against service users. However, we must promote the interests of individuals
who experience abuse or neglect because it can happen at any time and in any place. These service
users might not ask for what they need because they fear an individual who could be such as a family
member or a healthcare professional. Sometimes service users cannot promote their rights because
they do not have the mental state to understand the consequences of a certain action. As a result, we
, 2
should consider how comments could affect the service user’s self-esteem, we must not judge them or
tell them they are wrong. We also must believe that they are telling the truth. NHS (2021) Abuse and
neglect of vulnerable adults (safeguarding) - NHS (www.nhs.uk) (25.03.2021)
The next aspect is called protecting health, safety, and well-being. This means that we should be able to
explain our actions to the manager and how they are considered fair and safe. This is important because
we must remember that these service users are vulnerable and that you have the power over them and
if their health and safety is not provided, such as failing to maintain their needs. This is referred to as an
act of omission where the healthcare professionals fail to provide something needed. For example, fresh
clothing. However, our wellbeing must be considered too because if we are not in the right mind state
when it can have an impact on our actions and how Your actions can fail everyone. The wellbeing of
service users should be considered too because they can witness things such as an individual being
forced into compulsory treatment, and they could see that as violence. They can also witness
tranquilization and that could be seen as traumatizing, which is why they should be considered too.
Ametz Heinel (2020) What is act and omission? (treehozz.com) (23.06.2020) National Institute for Health
and Clinical Excellence (2011) CG136 Service user experience in adult mental health: improving the
experience of care for people using adult NHS mental health services (full guideline) (nice.org.uk)
(December 2011)
Another aspect of duty of care is called ensuring safe practice. This means that you must ensure you are
following the workplace's policies, this is beneficial for you and your employers and service users. As it
ensures there are no risks and hazards that could result in harm. Not observing safe practice can lead to
accidents within the setting that can be fatal and painful. If accidents are to happen then there would be
an investigation meaning that there could be a loss of time, money, job. You must ensure that you know
what there could be in the way for Your service users as it maximum a risk of accidents which is why it is
so important that we plan tasks carefully. Luckily, external agencies provide training ensuring safe
practices, it is important that healthcare professionals attend this training. Marylin Billingham Pamela
Davenport Nicola Mattews Beryl Stretch Hilary Talman ProQuest Ebook Central - Reader
The following aspect of duty of care is called the code of conduct. Code of conduct means a national
standard that is expected of care workers and healthcare workers in United Kingdom. The code of
conduct outlines behaviors and attitudes that are marked as acceptable or not acceptable. External
Agencies have a code of conduct set for their workers. An example of an external Agencie could be NMC
(Nursing and Midwifery Counsil) and CQC (Care Quality Commission). These external agencies have a
code of conduct that is set to ensure that service users get effective and great care. They are also set to
ensure that they are following the six C’s, the six Cs are as follows, care,compassion,competence,
courage, and commitment. These are important because they show how you should efficiently give care
and talk to the service users and that You're willing to take feedback and willing to change and willing to
take new paths. Skills for Care Code of Conduct (skillsforcare.org.uk) NMC nmc-code.pdf
The last two aspects of duty of care are called balancing individual rights with risks and acting in the
person’s best interests. Acting in the person’s best interests means that as healthcare professionals we
should be concerned with what choices we make to or about the service users, we must ensure that the
choices we make are beneficial and will not cause any harm. Healthcare Professionals are trying to make
the situation better and cause no harm. However, you can only do this if you have their consent unless
there is evidence where the individual lacks the power to make the decision at the time when it needed
, 3
to be made. For example, this could happen if an individual is in a coma and cannot make their own
decision so the healthcare professionals would be making this decision. The last aspect of duty of care is
called balancing individual rights with risks, this means that we must promote service users to make
their own decisions, however, we must ensure that the service user makes an informed decision.
Informed decision means that healthcare professionals discuss the positives and negatives of that
decision and then allow the service user to use their judgement and decide. NHS (2019)Consent to
treatment - NHS (www.nhs.uk) Carol Murphy (2018) (Centre for youth and criminal justice) Balancing
rights and risk: How can we get it right for children involved in violent behaviour? (cycj.org.uk)
Using Merryvale residence as an example, after reading the case study I can clearly see that the
following aspect of duty of care has not been met and it is the one about balancing individual rights. It is
said in the case study that two females are in a same sex relationship and are being shown
discrimination around the residence, the couple feel like they should be able to have a double room
with each other. The staff at Merryvale residence should have been supporting the couple on what
rights they have. It is also stated that the partner has realized that her partner has had bruises on her
neck and arms when she requires support with dressing and bathing, when she questioned it, the staff
have said she fell over. The case study has another aspect of duty care broken that is called protecting
health, safety, and wellbeing, they are not protecting health if they are causing bruises on service user’s
body, this is abuse and it is also breaking the staff code of conduct as they are not following the rules
stated by external agencies, in this case it would be breaking CQC code of conduct. As a result, service
users from Merryvale residence will fear the Heathcare professionals, because the service users will feel
like they cannot express themselves in fear that they could be abused like the same sex couple from the
case study. They would feel like the residence is not a safe place to be living in as they are being
discriminatory towards a same sex couple, which suggests that they are not following the equality and
diversity act.
Now going onto the second case study, Cherry Trees is a children’s Centre where Lisa attends. Lisa is
three years old, and she is on the autistic spectrum. Cherry trees have recently been understaffed as
serval staff members have left, as a result cherry trees have gotten volunteers who have not gotten a
Disclosure and Barring Service (DBS), They have also not been informed of any first aid training and have
not been informed of emergency evacuation procedures. I can already say that they are not ensuring
safe practice because if a fire were to break out the volunteers would have no idea to go, this suggests
that they are not promoting safe practice as they are letting individuals in without a DBS, we do not
know their criminal record they could take advantage of the children which is a safeguarding issue. They
are also not following the aspect of protecting health and wellbeing by having individuals with no first
aid training or any health and safety which is a huge risk. As a result, the children will be afraid to
encounter volunteers, because they do not know any training. The children may hurt themselves and
the volunteers will have no clue on what to do as a result, if the injury were bad and even life-
threatening then the volunteer could be responsible for the death and especially the Centre because
they employed people with no training.
7/A. P2: Discuss ways in which complaints and appeals procedures address failure in a duty of care in
a selected health or social care setting?
