1. Technical Certificate Workshop 304; Duty of Care 1August 2012

2. Aims and Objectives The aim of this session is  To leave with a completed task workbook which covers Duty of Care, Safeguarding individuals, managing conflicts, comments and complaints. The objectives for the end of this session are;  You will be able to demonstrate an understanding of ‘Duty of Care’.  You will be able to demonstrate your duty of care, to safeguard the individuals you support.  You will be able to demonstrate how to recognise and manage conflicts or dilemmas  You will be able to demonstrate how to utilise your complaints procedure and how to manage complaints. 2August 2012

3. Brainstorm; What is Duty of Care? See unison handout 3August 2012

4. Duty of Care In relation to Health and Social Care; –Where reasonably possible, your actions must not place an individual at risk of danger, harm or abuse when caring for them. –Action must not disadvantage against any service user. –By taking a job in care you are taking on a duty to care, therefore you owe it to your service users to care for them. –Negligence is not acceptable. 4August 2012

5. Brainstorm; Breaching Duty of Care Look at the following statements and decide which breach/do not breach, duty of care; “I’m not sure how this hoist works but I will have a go at lifting x and see how it goes” “The meds sheet has not been signed bit I’m sure x was given them so we will be okay” “If we prepare that for tea, x will not be able to eat it so lets look at an alternative” “We better not use the lift as x got very agitated last time we used it. Lets take the stairs instead” “We will get back early so I can get x to bed. I’m just too tired!” 5August 2012

6. Brainstorm; Upholding Duty of Care What do you see? This film is based on a poem titled “What Do You See?” found by nurses going through the possessions of an old lady who had died in the Geriatric Ward of Ashludie Hospital near Dundee, Scotland. It follows a day in the life of an elderly stroke victim, who makes a silent but heartfelt plea for her caregivers to notice her. 6August 2012

7. Brainstorm; Upholding Duty of Care http://www.youtube.com/watch?v=MTcopj6dYWQ Based on the Amanda Warring film clip: 1.What did you see? 2.How did you feel? 3.How do you think she feels? August 20127

8. What DOC means to your organisation? It means they need; –Agreed procedures and protocols for working with other agencies –Need for workforce development on Duty of Care and rights –Need for system of offering advice guidance and information to staff –Clear recording and reporting procedures –CQC look at Duty of Care and will take action of it is found to be lacking August 20128

9. Conflicts and Dilemmas in Duty of Care What are some the possible conflicts between your Duty Of Care and your service users rights? See handout 9August 2012

10. Emily’s Safety Watch the video about Emily’s Safety. Identify the instances where Emily was or wasn’t put at the centre of her care. http://www.scie.org.uk/socialcaretv/video- player.asp?guid=039a7f83-c649-491e-b38b- 1642272ad2e2 10August 2012

11. The Law You are responsible under the following laws to uphold a duty of care; –No secrets (2000) –The Care Standards Act (2000) –Human Rights Act (1998) –Mental Capacity Act (2005) –Your own organisational policies and procedures 11August 2012

12. Duty of Care and Safeguarding What is safeguarding? –Safeguarding adults is a broader definition which includes protecting adults from harm. »(Lancashire County Council 2010) By upholding your duty of care, you are automatically safeguarding individuals. Duty of care ensures there are consequences for breaching this. Duty of care also ensures a minimum standard of care provision. 12August 2012 i

13. Managing Conflict Scenario; You are the manager of a care home and have received a complaint from one of your residents concerning a member of staff. The staff member has been accused of ‘bullying’ the resident, constantly ‘shouting at them’ and ‘being rude and impatient’ every time they work with the resident. The member of staff who has an excellent reputation, denies any of this and is most upset and distressed by the allegations. August 201213

14. Managing conflicts Based on the scenario; By doing a role-play, identify; –What is the conflict? –What is or to whom is your duty of care in this situation? –Devise a plan of action managing this conflict –What legislations might impinge on this? 14August 2012

15. Complaints What is a complaint? A complaint is an expression of dissatisfaction, either written or spoken. 15August 2012

16. Scenario A service user has made a complaint against a member of your staff. Using the ‘complaints policy’ hand-out, decide how you will best respond, following good practice. August 201216

17. Receiving complaints Using your organisations complaints procedure, you must clearly explain step by step, the procedure for service users or their families to make a complaint against the service. Consider; –Conduct –Confidentiality August 201217

18. Legal requirements; The Local Authority Social Services and NHS Complaints (England) Regulations 2009 Came into effect on 1 st April, 2009 and introduced new arrangements for handling complaints to take account of the Health and Social Care Act 2008. The arrangements for handling and considering complaints ensure that: –complaints are dealt with efficiently and investigated properly; –complainants and others involved, including staff, are treated with respect and courtesy; –complainants receive, so far as is reasonably practical, assistance to enable them to understand the complaints process or advice on where they may obtain such assistance; –complainants receive a timely and appropriate response; and –complainants are told of the outcome of the consideration of their complaint and of the action which will be taken if necessary in the light of the outcome. August 201218