BTEC National Health and Social Care
Safeguarding Matters
Unit 7 Task 1
In this seminar pack, I will be exploring the importance of a duty of care and its implications
within a Health and Social Care setting. Within many Health and Social care settings, the duty
of care is crucial to follow, as it is a legal and ethical obligation/ responsibility to take
reasonable steps in caring for the service user, avoiding harm to them. This seminar pack will
also expand the on the codes of conduct within this type of setting, ensuring safe practice,
balancing rights with risk, and complaints procedures. The case study this will revolve around
is the “Going Forward” Training Centre for Young Adults with Learning disabilities. The aim of
the centre is to support the development of independence and life skills. The service included
within this setting involves the support of learning disability registered nurses, all making
efforts to follow the duty of care.
The duty of care + its significance
The duty of care is incredibly vital when it comes to working within a Health and Social Care
setting. Not only is it a legal obligation to care for the service user, but it is also in place to
prevent harm to them and protect their wellbeing. Within this duty, service users heavily rely
on the Caregiver when it comes to their trust, therefore Caregivers are held responsible for
their wellbeing in a position of their trust. To ensure this, staff are to have knowledge on their
competency and limits and not take on any tasks they know that they cannot be able to
perform safely or with precision. This supports the Caregiver in highlighting the importance of
their professional boundaries and code of conduct. The duty of care can also help prevent the
abuse and neglect of the service users, by the Caregivers knowing what procedure to undergo
if it is suspected. This includes whistleblowing and advocacy where needed.
Within the case study, there is a provided example of how the duty of care is not being met
correctly within the Training Centre. The medication that was meant to be provided at a
specific time was delayed, resulting in unfortunate consequences. The Training Centre
emphasised that medication for conditions (such as Sally’s epilepsy) should be administered at
the indicated time by authorised personnel. However, this did not occur. The authorised
personnel were not in at the time of the incident, and the medication was even forgotten to
administer, resulting in Sally’s seizure. Also, the Training Centre claims to only “sometimes
give it out if the authorised personnel are not available”. According to the duty of care,
caregivers are obliged to take reasonable steps and ethical responsibility to prevent the harm
of the service user. This situation therefore could’ve been prevented by taking into
consideration the medications being handed out at specific timings and assign that role to
someone who is capable and willing to follow procedures for administering the medication.
Other key things that the Training centre could’ve done about this is ensuring safe practice.
This can be done through numerous techniques, including reflective practice (self-feedback on
performance in the Training Centre), trying to follow the code of conduct to the best of the
caregiver’s ability, and gaining some knowledge on policies and procedures to prevent risk as a
guideline (which can also be done through training). These other solutions are equally as
significant to the duty of care, as they can all be done for the benefit of the service user. If
standards are not met, then the service user can be at risk.
The code of conduct
Codes of conduct are set by the organisation that the caregiver is to comply with. They set a
framework on how to behave in an appropriate way to maintain the quality of care and
wellbeing of service users. According to the Skills For Care’s Code of Conduct for Healthcare
1
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
,Support Workers and Adult Social Care Workers in England, it is the responsibility of the
caregiver to ensure the following:
1. Considering all your actions and omissions and owning up to them – They are YOUR
responsibility.
2. Promoting key aspects of the service user, including privacy, dignity, rights, and
wellbeing.
3. Working together in collaboration with co-workers to highlight the importance of high-
quality care throughout work.
4. Communicating open, effective ways to promote health, safety and wellbeing of people
5. Confidentiality must be maintained where relevant, as a form of respect toward the
service user.
6. Strive to improve the quality of healthcare through self-reflection/reflective practice and
continuous professional development
7. Promoting equality, diversity and inclusivity.
This code of conduct is general for those working as Adult Social Care Workers or Healthcare
Support workers in England. However, this will vary among other organisations within the HSC
sector of working within England. Overall, the code of conduct set by an organisation assists on
setting an example of standards that they expect from their employees. They can also help the
Caregiver to self-reflect on their practices, assessing how they can improve and ensures that
the service user is happy with the treatment they are receiving.
For the Training Centre, the code of conduct may be similar, due to the group of people that
the Caregivers are dealing with, within their occupation. They would have to show respect to
the service user, not only because they need care or because they are vulnerable, but also
because their condition is legally a protected characteristic under the Equality Act 2010. Any
discriminatory behaviour is therefore inappropriate, which is why they need to be inclusive, and
promote equality, as stated in the Code of Conduct for Healthcare Support Workers and Adult
Social Care Workers.
They must also maintain professional boundaries through confidentiality and respecting their
privacy. This is because some information can be sensitive, and can only be accessed by
someone of an appropriate standing within the organisation.
Balancing individual rights with risk
Balancing individual rights with risk is difficult for a Caregiver to achieve to a certain degree,
but it is highly important for their occupation. This skill requires logical and ethical thinking,
considering your duty of care and the preferences of the service user. Within society today, the
way that needs, rights and associate risks are interpreted, are incredibly diverse, and this can
be influenced by morals, upbringing, religion and all other factors that associate with the
environment and beliefs that we have grown up with. It is important to know that one person’s
choice could massively impact a large group of people, whether they are positive or negative.
In a nutshell, it is like the butterfly effect on society.
For Caregivers, this is significant because they are to have full authority over the service user
they are caring for, and the service user may put their full trust in them. This therefore makes
them accountable for whatever happens to the service user. This therefore could offer a sense
of security for the service user. However, for some service users, they will feel as if they have
lost their independence over their own lives, leaving them with low self-esteem. Although the
Caregiver may have the responsibility of caring for the service user, the service user may not
accept some of the treatment that is provided, and this kickstarts the effort to balance
between the preferences and rights of the service user, and the risks of doing so.
Consent is also significant within this situation, as it is important to consider their rights and
beliefs, according to the Caregiver’s code of conduct and duty of care. Going against this may
violate their beliefs and rights, giving them insecurity. This can also go against the Equality Act
2010, which protects their religion/beliefs, as well as their disability. Other significant factors
that are involved within this situation will include confidentiality (if they want certain
2
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
, information regarding their reason of care being shared to anyone – They may not want this, so
it makes the balancing task more difficult), or the need for consultation from the Caregiver.
When assessing a situation that requires balancing rights with risk, it is important
that the whole procedure is carried out fully, appropriately and safely, using the
appropriate stages. Despite this being rare in most circumstances within a HSC
setting, it is essential to know what to do when carrying out “last resort”
procedures. These stages include weighing both sides of the procedure, judging
which side seems more important in a variety of situations, considering logical
outcomes of not following either side, and finally reaching a conclusion on whether
to proceed or not.
Why is it important to weigh both sides of the procedure? This is important
because it can help to protect the individual rights of a service user,
upholding dignity, freedom and autonomy (if they have the mental capacity).
It ensures the safety of the service user and others by looking at risk
perspectives and considering responsibilities that the caregiver, whether
legal, ethical or professional. It also helps to reduce any bias that may cause
the caregiver to contradict their approach to the service user, as well as
preventing poor judgement, unfair assumptions on the service user and any
other form of discrimination. The service user’s rights and must be respected
and never restricted without good reason. Finally, it can help to support legal
and professional duties that the caregiver is meant to be put into practice,
such as the duty of care.
Why is it important to think logically about the outcomes/consequences of
certain procedures? This is important because the service user will have put
their whole trust in you, seeing as you have cared for their needs and assisted
them in managing with their daily life. They will be fully reliant on you,
holding you accountable for any harm done to them. Considering
consequences can help to improve decision making when in stressful
situations and assist you on what steps to take next on the situation.
However, if consequences are not considered, this could increase the risk of
mainly harming the service user, but also violating their rights as an
individual (rights to resources, education, sufficient healthcare, etc.), and the
caregiver could also risk facing lawsuits, penalties, or facing such
consequences regarding the violation of the law.
How should balancing rights with safety be approached? One way in which
this can be made possible is by assessing the situation through taking a risk
assessment on the situation, while considering the individual rights of the
service user. When this is done, it helps to promote safety without any over-
constriction, by identifying potential hazards from certain procedures and it
also can ensure that safety measures are taken proportionately. This can
overall maintain the health and safety of the service user, as well as assist
the caregiver what directions should be made in order to accurately follow the
duty of care, the 6 C’s, the code of conduct, and any other principles and
policies required by the HSC setting that fall within the category of the health
and safety of service users.
Regarding the incident that occurred at the training centre, this wrong attempt on the
balance can be seen through the incident that occurred when Sally had that incident within the
Training Centre. The staff were meant to administer the medication on time, however the
authorised personnel to do so was unavailable, and as a result, the time to administer the
medication was forgotten. Individual rights to care were not considered before the
incident, which led to the breaching of laws regarding health and safety, the
protection of service users and the provision of appropriate care. One of these
violated legislations was the Mental Capacity Act 2005. This act was established to
empower those who are 16 and over, who may not have the mental capacity to make
decisions for themselves. However, the act itself states that the caregivers/extra
support are to assume that the individual has the capacity to make their own
3
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
Safeguarding Matters
Unit 7 Task 1
In this seminar pack, I will be exploring the importance of a duty of care and its implications
within a Health and Social Care setting. Within many Health and Social care settings, the duty
of care is crucial to follow, as it is a legal and ethical obligation/ responsibility to take
reasonable steps in caring for the service user, avoiding harm to them. This seminar pack will
also expand the on the codes of conduct within this type of setting, ensuring safe practice,
balancing rights with risk, and complaints procedures. The case study this will revolve around
is the “Going Forward” Training Centre for Young Adults with Learning disabilities. The aim of
the centre is to support the development of independence and life skills. The service included
within this setting involves the support of learning disability registered nurses, all making
efforts to follow the duty of care.
The duty of care + its significance
The duty of care is incredibly vital when it comes to working within a Health and Social Care
setting. Not only is it a legal obligation to care for the service user, but it is also in place to
prevent harm to them and protect their wellbeing. Within this duty, service users heavily rely
on the Caregiver when it comes to their trust, therefore Caregivers are held responsible for
their wellbeing in a position of their trust. To ensure this, staff are to have knowledge on their
competency and limits and not take on any tasks they know that they cannot be able to
perform safely or with precision. This supports the Caregiver in highlighting the importance of
their professional boundaries and code of conduct. The duty of care can also help prevent the
abuse and neglect of the service users, by the Caregivers knowing what procedure to undergo
if it is suspected. This includes whistleblowing and advocacy where needed.
Within the case study, there is a provided example of how the duty of care is not being met
correctly within the Training Centre. The medication that was meant to be provided at a
specific time was delayed, resulting in unfortunate consequences. The Training Centre
emphasised that medication for conditions (such as Sally’s epilepsy) should be administered at
the indicated time by authorised personnel. However, this did not occur. The authorised
personnel were not in at the time of the incident, and the medication was even forgotten to
administer, resulting in Sally’s seizure. Also, the Training Centre claims to only “sometimes
give it out if the authorised personnel are not available”. According to the duty of care,
caregivers are obliged to take reasonable steps and ethical responsibility to prevent the harm
of the service user. This situation therefore could’ve been prevented by taking into
consideration the medications being handed out at specific timings and assign that role to
someone who is capable and willing to follow procedures for administering the medication.
Other key things that the Training centre could’ve done about this is ensuring safe practice.
This can be done through numerous techniques, including reflective practice (self-feedback on
performance in the Training Centre), trying to follow the code of conduct to the best of the
caregiver’s ability, and gaining some knowledge on policies and procedures to prevent risk as a
guideline (which can also be done through training). These other solutions are equally as
significant to the duty of care, as they can all be done for the benefit of the service user. If
standards are not met, then the service user can be at risk.
The code of conduct
Codes of conduct are set by the organisation that the caregiver is to comply with. They set a
framework on how to behave in an appropriate way to maintain the quality of care and
wellbeing of service users. According to the Skills For Care’s Code of Conduct for Healthcare
1
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
,Support Workers and Adult Social Care Workers in England, it is the responsibility of the
caregiver to ensure the following:
1. Considering all your actions and omissions and owning up to them – They are YOUR
responsibility.
2. Promoting key aspects of the service user, including privacy, dignity, rights, and
wellbeing.
3. Working together in collaboration with co-workers to highlight the importance of high-
quality care throughout work.
4. Communicating open, effective ways to promote health, safety and wellbeing of people
5. Confidentiality must be maintained where relevant, as a form of respect toward the
service user.
6. Strive to improve the quality of healthcare through self-reflection/reflective practice and
continuous professional development
7. Promoting equality, diversity and inclusivity.
This code of conduct is general for those working as Adult Social Care Workers or Healthcare
Support workers in England. However, this will vary among other organisations within the HSC
sector of working within England. Overall, the code of conduct set by an organisation assists on
setting an example of standards that they expect from their employees. They can also help the
Caregiver to self-reflect on their practices, assessing how they can improve and ensures that
the service user is happy with the treatment they are receiving.
For the Training Centre, the code of conduct may be similar, due to the group of people that
the Caregivers are dealing with, within their occupation. They would have to show respect to
the service user, not only because they need care or because they are vulnerable, but also
because their condition is legally a protected characteristic under the Equality Act 2010. Any
discriminatory behaviour is therefore inappropriate, which is why they need to be inclusive, and
promote equality, as stated in the Code of Conduct for Healthcare Support Workers and Adult
Social Care Workers.
They must also maintain professional boundaries through confidentiality and respecting their
privacy. This is because some information can be sensitive, and can only be accessed by
someone of an appropriate standing within the organisation.
Balancing individual rights with risk
Balancing individual rights with risk is difficult for a Caregiver to achieve to a certain degree,
but it is highly important for their occupation. This skill requires logical and ethical thinking,
considering your duty of care and the preferences of the service user. Within society today, the
way that needs, rights and associate risks are interpreted, are incredibly diverse, and this can
be influenced by morals, upbringing, religion and all other factors that associate with the
environment and beliefs that we have grown up with. It is important to know that one person’s
choice could massively impact a large group of people, whether they are positive or negative.
In a nutshell, it is like the butterfly effect on society.
For Caregivers, this is significant because they are to have full authority over the service user
they are caring for, and the service user may put their full trust in them. This therefore makes
them accountable for whatever happens to the service user. This therefore could offer a sense
of security for the service user. However, for some service users, they will feel as if they have
lost their independence over their own lives, leaving them with low self-esteem. Although the
Caregiver may have the responsibility of caring for the service user, the service user may not
accept some of the treatment that is provided, and this kickstarts the effort to balance
between the preferences and rights of the service user, and the risks of doing so.
Consent is also significant within this situation, as it is important to consider their rights and
beliefs, according to the Caregiver’s code of conduct and duty of care. Going against this may
violate their beliefs and rights, giving them insecurity. This can also go against the Equality Act
2010, which protects their religion/beliefs, as well as their disability. Other significant factors
that are involved within this situation will include confidentiality (if they want certain
2
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
, information regarding their reason of care being shared to anyone – They may not want this, so
it makes the balancing task more difficult), or the need for consultation from the Caregiver.
When assessing a situation that requires balancing rights with risk, it is important
that the whole procedure is carried out fully, appropriately and safely, using the
appropriate stages. Despite this being rare in most circumstances within a HSC
setting, it is essential to know what to do when carrying out “last resort”
procedures. These stages include weighing both sides of the procedure, judging
which side seems more important in a variety of situations, considering logical
outcomes of not following either side, and finally reaching a conclusion on whether
to proceed or not.
Why is it important to weigh both sides of the procedure? This is important
because it can help to protect the individual rights of a service user,
upholding dignity, freedom and autonomy (if they have the mental capacity).
It ensures the safety of the service user and others by looking at risk
perspectives and considering responsibilities that the caregiver, whether
legal, ethical or professional. It also helps to reduce any bias that may cause
the caregiver to contradict their approach to the service user, as well as
preventing poor judgement, unfair assumptions on the service user and any
other form of discrimination. The service user’s rights and must be respected
and never restricted without good reason. Finally, it can help to support legal
and professional duties that the caregiver is meant to be put into practice,
such as the duty of care.
Why is it important to think logically about the outcomes/consequences of
certain procedures? This is important because the service user will have put
their whole trust in you, seeing as you have cared for their needs and assisted
them in managing with their daily life. They will be fully reliant on you,
holding you accountable for any harm done to them. Considering
consequences can help to improve decision making when in stressful
situations and assist you on what steps to take next on the situation.
However, if consequences are not considered, this could increase the risk of
mainly harming the service user, but also violating their rights as an
individual (rights to resources, education, sufficient healthcare, etc.), and the
caregiver could also risk facing lawsuits, penalties, or facing such
consequences regarding the violation of the law.
How should balancing rights with safety be approached? One way in which
this can be made possible is by assessing the situation through taking a risk
assessment on the situation, while considering the individual rights of the
service user. When this is done, it helps to promote safety without any over-
constriction, by identifying potential hazards from certain procedures and it
also can ensure that safety measures are taken proportionately. This can
overall maintain the health and safety of the service user, as well as assist
the caregiver what directions should be made in order to accurately follow the
duty of care, the 6 C’s, the code of conduct, and any other principles and
policies required by the HSC setting that fall within the category of the health
and safety of service users.
Regarding the incident that occurred at the training centre, this wrong attempt on the
balance can be seen through the incident that occurred when Sally had that incident within the
Training Centre. The staff were meant to administer the medication on time, however the
authorised personnel to do so was unavailable, and as a result, the time to administer the
medication was forgotten. Individual rights to care were not considered before the
incident, which led to the breaching of laws regarding health and safety, the
protection of service users and the provision of appropriate care. One of these
violated legislations was the Mental Capacity Act 2005. This act was established to
empower those who are 16 and over, who may not have the mental capacity to make
decisions for themselves. However, the act itself states that the caregivers/extra
support are to assume that the individual has the capacity to make their own
3
2021_22 BTEC Assignment Brief Template - Owner: BTEC Assessment
