|Assignment 055 Principles for Implementing Duty of Care in Health, Social Care or Children’s and Young People’s Settings | | | |Task A | |1 |What does duty of care mean in children and young people settings? | | |Duty of care can be defined as “an obligation, recognised by law, to avoid conduct fraught with unreasonable risk of danger | | |to others”. Early years settings owe a duty of care to take reasonable care to ensure that their acts or omissions do not | | |cause reasonably foreseeable injury to the children in their care.
| | |Section 40 of the Child care Act 2006 ensures Early Years settings implement the Legislative Framework of the Early Years | | |foundation Stage. It is this that imposes a duty of care on the Early Years settings but there is also statutory guidance in| | |Working Together to Safeguard Children 2010. In addition there is a raft of Health and Safety legislation. | | |The law imposes a duty of care on everyone: people must take reasonable care to avoid injury to others or damage to property| | |through their action or lack of action.
Everyone who works in any form of child care, whatever their role or function, has a| | |basic obligation to take all reasonable measures to safeguard children. This means keeping them safe from potential physical| | |dangers, environmental dangers, as well as from any person who would wish to harm or abuse the children in any way. Abuse | | |includes physical, sexual or emotional abuse, harassment because of race, gender or belief, or any kind of bullying. Duty of| | |care also means ensuring a person’s rights are protected, including their right to be independent, and to preserve their | | |dignity.
| | |Because children, and especially young children have a limited ability to care for themselves, those working in childcare | | |settings have an extremely high duty of care for to children; a higher duty of care is owed to an infant than to a | | |school-aged child because of the differences in their ability to look after themselves and attend to some of their own | | |needs. Children rely on their carers and the staff at the setting to ensure that they are properly cared for. | | | | | | | | | | | | | | | | |1 |What does duty of care mean in children and young people settings?
| | |All adults who work with, and on behalf of children are accountable for the way in which they exercise authority; manage | | |risk; use resources; and safeguard children and young people. | | |Whether working in a paid or voluntary capacity, these adults have a duty to keep children and young people safe and to | | |protect them from sexual, physical and emotional harm. Children and young people have a right to be treated with respect and| | |dignity. It follows that trusted adults are expected to take reasonable steps to ensure the safety and well-being of | | |children and young people.
Failure to do so may be regarded as neglect. | | |The duty of care is in part, exercised through the development of respectful and caring relationships between adults and | | |children and young people. It is also exercised through the behaviour of the adult, which at all times should demonstrate | | |integrity, maturity and good judgement. | | |Everyone expects high standards of behaviour from adults who work with children and young people. When individuals accept | | |such work, they need to understand and acknowledge the responsibilities and trust inherent in that role.
| | |Employers also have a duty of care towards their employees, both paid and unpaid, under the Health and Safety at Work Act | | |1974. This requires them to provide a safe working environment for adults and provide guidance about safe working | | |practices. Employers also have a duty of care for the well-being of employees and to ensure that employees are treated | | |fairly and reasonably in all circumstances. The Human Rights Act 1998 sets out important principles regarding protection of | | |individuals from abuse by state organisations or people working for those institutions.
Adults who are subject to an | | |allegation should therefore be supported and the principles of natural justice applied. | | |The Health and Safety Act 1974 also imposes a duty on employees to take care of themselves and anyone else who may be | | |affected by their actions or failings. An employer’s duty of care and the adult’s duty of care towards children should not | | |conflict. This ‘duty’ can be demonstrated through the use and implementation of these guidelines.
| | |This means that adults should: | | |understand the responsibilities, which are part of their employment or role, and be aware that sanctions will be applied if | | |these provisions are breached | | |always act, and be seen to act, in the child’s best interests | | |avoid any conduct which would lead any reasonable person to question their motivation and intentions | | |take responsibility for their own actions and behaviour | |
|This means that employers should: | | |ensure that appropriate safeguarding and child protection polices and procedures are adopted, implemented and monitored | | |ensure that codes of conduct/practices are continually monitored and reviewed | | |ensure that, where services or activities are provided by another body, the body concerned has appropriate safeguarding | | |polices and procedures | | |foster a culture of openness and support | | |ensure that systems are in place for concerns to be raised | | |ensure that adults are not placed in situations which render them particularly vulnerable | | |ensure all adults have access to and understand this guidance and related, policies and procedures | | |ensure that all job descriptions and person specifications clearly identify the competences necessary to fulfill the duty of| | |care | | | | | | | |2 |
How does duty of care contribute to the safeguarding or protection of children and young people? | | |It is obligatory for every setting to have a policy regarding duty of care for the children they look after, and to | | |implement safe practices with all members of staff. | | | | | |Employers and Early Years workers must ensure that they carry adequate insurance and comply with its terms. | | | | | |Designated Child Protection Person | | |• The organisation may appoint a designated child protection person who is responsible for dealing with any concerns about | | |the protection of children.
| | | | | |The role of the designated child protection person is: | | |• to provide information and advice on child protection | | |• advise the organisation of any child protection training needs | | |• to liaise with local social services and other agencies, and to be aware of which outside child protection agency to | | |contact | | |• to ensure the procedures are working and that they comply with current best practice. | | |• in the case of referral to ensure that appropriate information is available at the time of referral and that the referral | | |is confirmed in writing and remains confidential | | |• to keep relevant people informed about any action taken and any further action required. For example, disciplinary action | | |against a member of staff | | |• to ensure that proper records are kept of any referral and action taken, and that these are held securely, and that | | |confidentiality is maintained.
| | | | | |Local Safeguarding Children Boards (LSCBs) | | |• Children can only be safeguarded properly if the key agencies work effectively together. Local safeguarding children | | |boards (LSCBs) are designed to help ensure that this happens. They put the former area child protection committees (ACPCs) | | |on a statutory footing. | |
|• The core membership of LSCBs is set out in the Children Act 2004, and includes local authorities, health bodies, the | | |police and others. The objective of LSCBs is to coordinate and to ensure the effectiveness of their member agencies in | | |safeguarding and promoting the welfare of children. | | | | |2 |How does duty of care contribute to the safeguarding or protection of children and young people? | | | (Enter your answer here please) |