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Unit 4: Duty of Care in Care Settings

Level: Level 3 Diploma

1.1 Explain what it means to have a duty of care in own work role

As a professional, I understand the importance of having a duty of care in my work role. It is my responsibility to provide services with skill, care and diligence for the benefit of those who are relying on me. This means I must always be aware of any potential risks or hazards when providing these services and act accordingly to avoid them. A good example would be making sure all electrical equipment is regularly checked for safety before being used by anyone else or myself to prevent harm from occurring.

Having a duty of care also includes taking steps that reduce any risk posed by my actions (or lack thereof). If something occurs that could potentially affect another person’s well-being while they are under your supervision, then it is important not only to make sure appropriate action has been taken but also to record what happened so as not to compromise future safety procedures if necessary. In addition, it involves reporting incidents quickly and accurately so appropriate measures can be taken promptly should anything go wrong.

Having a duty of care is also about maintaining professional standards of practice and taking responsibility for my work and those I am responsible for. This includes working to ensure services are delivered within the confines of current legislation, making sure that all procedures meet legal requirements, providing accurate information and advice to service users at all times in a respectful manner, as well as seeking appropriate guidance when needed or dealing with any issues which may arise during delivery.

Having a duty of care means understanding that my role has an ethical element which involves treating others fairly while adhering to codes set by governing bodies such as the National Health Service (NHS). This helps build trust between myself and the people using our services so they can have faith in our ability to provide quality healthcare without compromising their safety or well-being. It’s essential if I want patients/clients/service users receiving services from me to feel safe when under my supervision.

1.2 Explain how duty of care relates to duty of candour

Duty of care and duty of candour are two distinct responsibilities which a healthcare provider holds in their interactions with patients. Duty of care is the legal obligation to provide quality, safe services that promote an individual’s health and well-being. It involves acting in the best interests of an individual, protecting them from potential risks or harm that could occur due to negligence on behalf of a healthcare professional or organisation. Duty Of Candour is defined as “openness, honesty and accountability when something goes wrong” (General Medical Council). This means that if there has been an incident during treatment or while receiving health-care-related service, providers must inform affected individuals so they can be supported accordingly through any emotional stress caused by it. The General Medical Council also states that this should involve giving appropriate information about the incident along with offering apologies for the distress caused, as well as providing support throughout investigations if necessary.

These duties play off each other because, without one, it would be harder to have effective delivery on the other. Duty of care provides the necessary steps needed to ensure that a patient is getting optimal healthcare services, and it creates an environment for openness and honesty. Duty of candour ensures that any mistake or incident is brought to the attention of affected individuals quickly so appropriate measures can be taken in response, such as informing them about options for further medical treatment if needed. Without both duties being adhered to at all times then, there would be increased risk involved in providing healthcare-related services as well as reduced levels of trust from patients.

Duty of care and duty of candour are two responsibilities which go hand-in-hand when it comes to providing quality healthcare service; they provide the framework which allows healthcare providers to deliver effective treatments while respecting individual rights through proper communication with those affected by mistakes or incidents during their treatment period. Together they ensure that providers are taking all necessary steps to protect individuals and that any errors made can be addressed promptly.

1.3 Explain how duty of care contributes to the safeguarding or protection of individuals

Duty of care is an essential concept in healthcare, as it sets out the legal obligation that those providing care have to ensure the well-being of their patients. This duty requires healthcare professionals to take appropriate steps and make reasonable decisions for the benefit of their patients or service users. Duty of care serves a vital role in safeguarding individuals, helping to protect them from physical and psychological harm by ensuring they receive quality standards of health and social services.

The primary objective behind this duty is preventing avoidable harm from occurring in all areas, including physical, mental or financial abuse. Healthcare providers must maintain professional boundaries with clients at all times and provide treatment that meets accepted practice guidelines within a safe environment for all parties involved whilst also meeting any necessary legislative requirements, such as Codes Of Practice established by governing bodies like The Care Quality Commission (CQC).

Another part contributing to protecting vulnerable individuals is regular risk assessments carried out on both clinical practices & premises before the commencement/delivery/provision of services. All risks must be assessed, and all safety concerns must be addressed promptly to ensure the best possible care and attention are given at all times.

By adhering to their duty of care, healthcare professionals are actively contributing towards safeguarding individuals from any potential harm, abuse or neglect, taking appropriate steps such as providing accurate diagnosis’ & treatment, advising on medication side effects & handling complaints or incidents effectively. Healthcare providers who uphold this principle will always strive for the highest standards of patient/client protection by being honest about mistakes or oversights when they happen whilst demonstrating an understanding that an individual’s rights must not be infringed upon under any circumstances.

Duty Of Care plays a critical role in protecting vulnerable individuals by helping healthcare professionals provide safe, high-quality services and creating accountability within organisations so that risks can both be recognised early enough before they become real threats with consequences too serious to ignore.

2.1 Describe conflicts or dilemmas that may arise between the duty of care and an individual’s rights

The duty of care refers to an individual’s legal obligation to take reasonable precautions and provide adequate protection from harm or injury. The duty of care applies in many contexts, including the provision of healthcare services and the delivery of educational programs. An individual’s rights refer to their entitlement under laws, regulations, contracts or agreements that protect them from unfair treatment by those responsible for providing them with goods or services. In some cases, there can be a conflict between an individual’s rights and the duty of care owed by organisations providing those goods or services, which may create difficult situations for both parties involved.

  • Conflict between patient privacy and duty of care: Patient confidentiality is a fundamental right, but it may come into conflict with the healthcare provider’s legal duty to report certain information as required by law (e.g., if abuse or neglect of a vulnerable adult needs to be reported).
  • Conflict between safety and autonomy: A health practitioner has an obligation to ensure the safety of their patients; however, this can come into conflict with respecting individual autonomy when trying to make decisions about treatment without coercion from outside sources such as families or other professionals who are pushing for particular treatments that might not necessarily benefit the patient’s best interests long-term
  • Conflict between maintaining dignity & providing assistance: On one hand, caregivers have a responsibility to keep up standards on hygiene and cleanliness; however, they must also maintain client dignity while helping them out during activities like eating, bathing etc.
  • Conflict between individual rights and risk management: Health practitioners have an obligation to manage risks posed by patient behaviour; however, this can come into conflict with a person’s right of self-determination in deciding the best course of action for themselves.

When cases like this arise, it’s important to focus on working towards a solution that respects the individual’s autonomy and rights while also protecting their safety and well-being. To achieve this, it’s important for the professional to find a balance between risk management and respect for autonomy. This may involve active communication with the individual and those close to them in order to understand their wishes, hopes and preferences in regard to decisions made about their care.

2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care

Managing risks associated with conflicts or dilemmas between an individual’s rights and the duty of care is a delicate process that requires careful consideration. When assessing such situations, professionals must consider not only the legal implications but also potential ethical concerns.

Ensure that all stakeholders know individuals’ rights and duties under relevant legislation. This includes educating clients about their right to informed consent, as well as what constitutes appropriate healthcare decisions and treatments they may be legally entitled to receive. Professionals should also ensure they have clarified expectations from all parties involved to identify any possible misunderstandings or differences regarding rights or responsibilities related to the situation.

It is also important for professionals working with this type of conflict or dilemma situation to assess each case on its own merits before making a decision, so there isn’t any bias against one party over another. It can be beneficial for health and social care workers to speak openly about any potential conflict of interest and ensure that clients are well-informed about their options. This can help reduce misunderstandings or confusion surrounding rights or duties related to caring provisions.

When resolving such conflicts, professionals should aim for a solution that is respectful of individuals’ rights and protective of their duty of care obligations. Any decisions made should be clearly documented with appropriate rationale, so they are legally defensible if necessary in future proceedings. Furthermore, it may also be helpful for an external third party who is not involved in the case (e.g., a lawyer) to provide additional insight into how best to resolve this situation without compromising either party’s rights or duties under the law and regulations governing healthcare practice.

Managing risks associated with conflicts between an individual’s right and the duty of care requires careful consideration on behalf of all stakeholders involved and understanding the legal implications. Professionals must ensure that all parties are aware of their respective responsibilities while aiming for a resolution which respects the rights of individuals without compromising their duty of care.

2.3 Explain where to get additional support and advice about conflicts and dilemmas

When faced with a conflict or dilemma, additional support and advice are available from several sources. Depending on the nature of the problem, different people may be best suited to provide appropriate advice.

For more personal dilemmas such as relationship problems, difficult conversations or managing emotions, it might be beneficial to seek counselling services from professionals like psychologists or social workers who can provide you with strategies for working through your issues in a healthy way. Online resources are also available that offer free mental health support, which can help manage feelings of stress, anxiety and depression.

When dealing with conflicts within families, it is crucial to have an open dialogue among members so that everyone’s views are heard before making any decisions regarding the issue at hand. If talking things through does not resolve disagreements, then seeking family mediation services can help bring resolution between family members by providing impartial guidance throughout this process.

If work-related disputes arise, then many organisations have Employee Assistance Programs (EAPs) in place, which offer free confidential support services for workers. It may also be helpful to consult colleagues who have experience in similar situations or contact trade unions or professional bodies for advice on workplace issues.

Dealing with ethical dilemmas can require specialist knowledge, so it is often best to consult those with expertise on these matters, such as ethicists and legal professionals. Consulting books, research papers and articles written by experts in ethics can also provide valuable insight into resolving difficult moral questions effectively.

There are many resources available that can help navigate through conflicts and dilemmas of various kinds; all one needs is the proper guidance from people equipped with the appropriate knowledge so they make informed decisions throughout this process.

3.1 Describe how to respond to complaints

When responding to complaints, it is essential to show empathy and understanding of the person’s experience. The first step when dealing with a complaint is to listen carefully without interruption. It can be beneficial for the complainant to speak openly about their experiences as this will allow them an opportunity to vent any frustrations or worries that they have had about the service provided. Acknowledging their concerns and listening attentively shows that you are taking what they say seriously, which could help improve trust between yourself and your patient/service user/client.

It is also helpful if you remain professional throughout; try not to get defensive but instead offer reassurance by confirming any action taken or steps being taken following their complaint – such as investigating further, appointing an independent assessor etc., if applicable. Providing factual information where appropriate can help give clarity on why decisions were made in relation to issues raised during a complaint process; however, avoid giving advice on possible legal outcomes or alternative courses of action unless you are qualified to do so.

In addition, it is critical to show respect and humility when responding, showing the patient/service user/client etc., that their experiences have been heard and taken seriously by apologising where appropriate while remaining sensitive to cultural or religious beliefs. It can also be helpful in this situation to seek further advice from colleagues if there is a lack of knowledge on specific aspects of the complaint process as necessary; seeking additional guidance can demonstrate professionalism towards handling complaints effectively and efficiently.

It is helpful for any organisation within health and social care services that deals with complaint processes regularly – such as GP surgeries or local authorities –to have a detailed policy regarding how they should deal with any complaints received from staff members involved at all stages (both receiving & responding) of the procedure understand their role clearly when managing these situations appropriately.

3.2 Explain policies and procedures relating to the handling of complaints

Handling complaints in health and social care is an integral part of providing quality care to patients. It provides a platform for identifying areas of improvement, responding to issues before they become serious, and recognising the rights of individuals.

Having clear policies and procedures regarding how complaints are handled will ensure a consistent approach across all services. The following outlines some key points that should be included in any complaint-handling policy:

  • Ensure compliance with legal requirements such as the Care Quality Commission (CQC) standards on making formal complaints when necessary;
  • Define who can make a complaint; this could include service users, family members or guardians/carers if applicable;
  • Set out processes for reporting the incident internally within the organisation, including details on escalation steps;
  • Describe how service users can make a written or verbal complaint both directly through their provider or via external bodies such as CQC;
  • Outline how complaints will be handled in terms of the timeliness and thoroughness of any investigation, as well as how complaints can be escalated where necessary;
  • Include details on keeping records, including service users’ right to access them;
  • Outline strategies for resolving complaints wherever possible. This should include information about acknowledging receipt and providing an outcome once a complaint has been resolved;

It is essential to provide adequate training for all staff members around the complaint-handling process so that they understand their responsibilities. This could include communicating with patients appropriately during investigations or dealing with sensitive issues respectfully. It may also involve establishing effective feedback mechanisms between providers and service users if required.


  • American Geriatrics Society Expert Panel on Person‐Centered Care, Brummel‐Smith, K., Butler, D., Frieder, M., Gibbs, N., Henry, M., … & Vladeck, B. C. (2016). Person‐centered care: A definition and essential elements. Journal of the American Geriatrics Society, 64(1), 15-18.
  • Collyer, Natalie, and Stephanie Whitehead. “Safeguarding and Confidentiality: Protecting Children and Young People.” British Journal of School Nursing, vol. 3, no. 6, Mark Allen Group, Oct. 2008, pp. 301–03. Crossref, https://doi.org/10.12968/bjsn.2008.3.6.31711.
  • Ekman, I., Swedberg, K., Taft, C., Lindseth, A., Norberg, A., Brink, E., … & Sunnerhagen, K. S. (2011). Person-centered care—ready for prime time. European journal of cardiovascular nursing, 10(4), 248-251.
  • Davies, Liz. “Safeguarding Children in Primary Health Care.” Health & Social Care in the Community, vol. 18, no. 3, Wiley, Apr. 2010, pp. 330–31. Crossref, https://doi.org/10.1111/j.1365-2524.2010.00915_6.x.
  • “What Are Your Responsibilities as a Care Worker? – Anglian Care.” Anglian Care, 27 Apr. 2022, angliancare.com/blog/what-are-your-responsibilities-as-a-care-worker.Millie.
  • Turner, Sarah. “Safeguarding Children Training in Adult Mental Health Care.” Mental Health Practice, vol. 12, no. 9, RCN Publishing Ltd., June 2009, pp. 28–32. Crossref, https://doi.org/10.7748/mhp2009.
  • Ekman, I., Swedberg, K., Taft, C., Lindseth, A., Norberg, A., Brink, E., … & Sunnerhagen, K. S. (2011). Person-centered care—ready for prime time. European journal of cardiovascular nursing, 10(4), 248-251.
  • “What Are the Top 5 Critical Attributes of a Care Worker?” Countrywide Healthcare, 21 Aug. 2017, www.countrywidehealthcare.co.uk/blog/post/attributes-care-worker.WJEC.
  • Owen, Jennifer, et al. “Adult Safeguarding Managers’ Understandings of Self‐neglect and Hoarding.” Health & Social Care in the Community, Wiley, May 2022. Crossref, https://doi.org/10.1111/hsc.13841.
  • Eklund, J. H., Holmström, I. K., Kumlin, T., Kaminsky, E., Skoglund, K., Höglander, J., … & Meranius, M. S. (2019). “Same same or different?” A review of reviews of person-centered and patient-centered care. Patient Education and Counseling, 102(1), 3-11.
  • “What Are the Responsibilities of a Care Worker in a Care Home?” What Are the Responsibilities of a Care Worker in a Care Home?| the Fremantle Trust, 24 May 2022, www.fremantletrust.org/help-and-advice/what-are-the-responsibilities-of-a-care-worker-in-a-care-home.Care, Anglian.
  • “Qualities of a Care Worker: Do You Have Them? | Abbots Care.” Abbots Care, 10 Jan. 2022, abbotscare.com/qualities-of-a-care-worker-do-you-have-them.Matthew.


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