Principles for Implementin Duty of Care in Health and Social Care

1515 Words Jun 30th, 2013 7 Pages
1.1 Explain what it means to have a duty of care in own work role:

A duty of care is a legal obligation imposed on any individual working within the care sector that they adhere to a standard of reasonable care whilst performing any acts that could foreseeable harm others.

It is my responsibility that:

- Whilst caring for an individual I promote their independency and assist them to understand and exercise their rights.
- That I use established processes and procedures to challenge and report dangerous, abusive, discriminatory or exploitative behaviour and practice.
- Following practice and procedures designed to keep myself and other people safe from violent and abusive behaviour at work.
- Bring to the attention of my Manager
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We would need to think about the Mental Capacity Act 1005 which underpins five key principles:-

- A presumption of capacity – every adult has the right to make their own decisions and must be assumed to have the capacity to do so unless it is proved otherwise.
- The right for people to be supported to make their own decisions – people must be given all appropriate help before anyone concludes that a person cannot make their own decisions.
- That people must retain the right to make what might be seen as eccentric or unwise decisions
- Best interests – anything done for or on behalf of people without capacity must be in their best interests.
- Least restrictive Intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.

This act sets out clearly how to establish if someone is incapable of making a decision.
The underlying principle is that I can give people information so that they understand the potential risks and consequences of their actions but, apart from exceptional circumstances I cannot stop people from doing something they have decided to do.

There are some circumstances where I can and should take action, such as:

- Is the person likely to act criminally or illegal.
- Will it deliberately harm them.
- Does it represent a serious risk to others.

In these

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