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1.1 As a care worker we have a legal obligation to have a “duty of care” towards adults with in a care service.

01 / 10 / 2021 Assignment

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Btec level 2 unit 5



As a care worker we have a legal obligation to have a “duty of care” towards adults with in a care service.  Such as colleagues and ourselves. We are required to work in the best interests’ of the adults using the service including the wellbeing and safety of him her this would involve are practices that are not detrimental to health as well as our own health, for example only carrying out practises within own level of competence as well as role and responsibilities.



It is important to carry out duties that are in own job description, and that you are competent, it is also therefore necessary to regularly update own knowledge and skills in order to uphold and provide care standards in accordance with codes of practise of care setting and service. This includes the use of any available resources such as equipment for example the use of hoists for movement of manual and people handling, ensuring training is up to date foe example attending any relevant training courses, such as medication administration. The importance of underpinning values of adult social care , respecting that individual , preserving their dignity the need to observe and to be observant  especially for confidentially reasons it is also our duty to report any concerns by completion of relevant forms such as accident and/or incident forms and the use of whistle blowing policy if necessary


Sometimes individuals may want to do something which could be a risk to their Health and safety. As a carer you have a duty of care to that person and you must do all that you can to keep them safe but you also have a duty to respect the individuals rights and choice, so you have a dilemma. It could be that the individual no longer wishes to use her walking frame, but her care plan states that she needs it to move from place to place and you are to ensure you encourage it’s use. In this scenario you could carry out a risk assessment to ensure that it is managed as safely as possible. You would need to explain the risks involved to the individual and make sure they understand. You could come to a compromise, to use a stick for a while instead, to see how they managed, then monitor the situation. All this should be documented including any risk assessment carried out. If the individual still insists on walking unaided you should get them to sign to say they are aware of the risks involved. Another scenario could be that an individual refuses their medication. Remind them of why they take the medication and it’s benefits and again advise them of the risks involved in not taking their medication. If they still refuse ensure this is noted on their Medication administration record and reported in their communication notes and discussed at handover, so others aware if a problem occurs. If the individual insists on doing something which is unsafe or risky that is their choice and you must respect their right, but you have a duty of care and must do all you can to keep them safe d an individual’s rights.




Firstly you would go to your supervisor or manager to make them aware of the issues and for extra help   They will also be able to get help from other sources eg Doctor or other healthcare professional.   Also trade unions will be able too offer advice.


 To get additional support and guidance on conflicts and dilemmas would be to talk to your line manager or get information from outside agencies, the intranet or the internet, or at your work place
If a complaint is made you should
    • Not try to resolve the matter yourself
    • Not discuss the matter with the person making the complaint
    • Not promise you can sort it out
    • Not discuss the matter with anyone other than your manager
    • Provide any information quickly and accurately


First stage, informal: The complaint is handed to the Home Manager, or deputy in their absence and a meeting would be arranged to establish whether the complaint can be dealt with through negotiation, arbitration or mediation. This meeting and the outcome will be recorded. If the complainant remains dissatisfied or it could not be dealt with through this channel it will move to stage two. This first stage should be dealt with within 72 hours of the complaint being logged. 

Second stage, Formal: An investigating officer will be appointed who will meet with the complainant and establish the nature and gravity of the complaint, they will investigate the complaint and produce a report. The investigating officer will not be subject to the complaint or be in a less senior position than the subject of the complaint. This person will usually be the Operations Manager. If the complainant remains dissatisfied the procedure moves on to the final stage. This second stage should be completed and a meeting held within 14 days of the complaint being logged. 

Third stage, Review: The investigating officer and the Home Manager will meet with a senior member of staff (Operations Manager or above) who will review the complaint and the findings of the investigation. They will look again to see if the complaint could be dealt with through negotiation, arbitration or mediation, they will also decide whether an independent advocate needs to be introduced to examine the complaint and its investigation. The Operations Manager or independent advocate will then meet with the complainant and discuss options for moving the situation forward. This is the end of the company complaints procedure.





Making sure that all complaints are responded to appropriately and if the outcome is not acceptable seeking further advice to try and resolve the complaint remaining unbiased. My duty of care is to ensure the safety of the individuals i am supporting and if a complaint is made it is my duty of care to make sure that person is safe from harm and danger that persons well being unaffected as much as possible throughout the complaints process






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