When working with children and young people in any setting understanding ???Duty of Care??™ is
paramount. Prepare an information document to be used during the induction process of a new
member of staff. Be sure that you relate it to your work role and clearly identify any reference
to other documentation. Carefully consider how the information is presented to ensure that
each area is produced under clear headings.
Task 1 links to learning outcome 1, assessment criteria 1.1 and 1.2.
Write an explanation of:
No matter who they are, every person should be supported and helped to live in an environment that is safe and free from bullying, abuse etc. Therefore the the responsibilities under the duty of care is to do everything in my power to make sure this happens within the definition of the role of a childminder.
“Duty of care means providing care and support for individuals within the law and also within the policies, procedures and agreed ways of working of your employer. It is about avoiding abuse and injury to individuals, their friends and family and their property.”
When working with children, this role brings a huge amount of duty to care- the younger the child in your care the bigger the role you will have to play in their duty of care. Looking after and keeping an eye on children makes sure they are kept safe whilst they develop their ability to forsee and cope with potential dangers, develop more robust immune systems, understand that there actions may harm and hurt others and whilst their communication skills develop in order to discuss the harm others may be doing to them.
? how duty of care contributes to the safeguarding or protection of individuals
Almost entirely reliant on the help of adults are babies and the under three as they still have a way to go in order to develop and do things for them selves. in order that they are protected from harm whether physical or psychological. There are various ways in which children in my setting are safeguarded, some of these are;
>Carrying out regular risk assessments in my setting environment and outtings we go on, taking precautions to avoid potential hazards which might lead to harm to teh children which could be either accidents or spreading of infections.
>setting clear boundaries and expectations of childrens behaviour and using strategies to discourage behaviour which may harm or distress others according to the stage of development of each child.
>Observing children and assessing their development, being alert to any indications that their progress is not as broadly expected for children of their age, so that relevant action can be taken in partnership with parents and other professionals.
>Understanding the ways children may be abused by others being aware of the signs that a child may be experiencing such harm, and following appropriate procedures if abuse is suspected.
In my role i have a duty of care to raise any concerns which I may have about any aspect of your work. These can range from inadequate working conditions, poor equipment, poor practice by other staff; to raising concerns about potential abuse cases and situations of neglect. As a childminder, it is my duty of care to safeguard individuals from harm.
Task 2 (a) links to learning outcome 2, assessment criteria 2.1 and 2.2.
Write a description of:
* potential conflicts or dilemmas that may arise between the duty of care and an
In situations where there is a conflict of interest or a dilemma between individuals rights and your duty of care, it is best practice to make sure the invidual is aware of the consquences of their choice and that they have the mental capacity to understand the risks involved in their choice. It is their right as an indiviual to be able to make informed choices about their own lives even if you disagree with their choice. Children have rights, such as those set out in the UN Convention on the Rights of the Child. Parents righst are modified by their responsibilities towards the children. The Chldren ACt 1989 mad eclear that it is the welfare of the child that is paramount, and the law often gives priority to childrens rights, overriding those of parents. Anyone who works with childrens needs to recognise the resonsibilities of parents and make sure they do not make them surplus to requirment. As their carer you only play a temporary role in their life whilst a parent is a long life role. Therefore when exercising your duty of care, the carer needs to make sure that they are sensitive to the ways of which you are intervening as to not cause conflict with their rights and responsibilities.
Risk Taking: The duty of care could conflict with childrens rights to have expereinces which ade their development and learning. So children can learn how to predict and avoid dangerous situations, it is important that an element of risk taking is allowed. Carers risk taking their duty of care too far if they wrapped the children up in cotton wool and not be too over cautious with their risk assessments.
Confidentiality: Another area is the righst that children and parents have to the privacy of their home life. Settings must ensure that sensitive information about them is kept confidential, only sharing information with the knowledge and permission of parents. However the childs welfare must come first before confidentiality and therefor this could cause conflict, as to safeguard a child from abuse information must passed over to the correct organisation without the parent knowing.
* how to manage risks associated with conflicts or dilemmas between an individual??™s rights and the duty of care.
If individuals insist on doing something that you disagree with, you can only advise and encourage them. You cannot force them to do anything. Such as if an indiviual refuses to take medication and their well being depends on this medication, you cannot force them to take medication. You should immediately contact you supervisor / manager and seek advice. You should also make sure you record what has happened and the action taken in the care or support plan.
Carers should use their duty of care in a way that will mean that the child will still develop and acquire new life skills, and learn how to cope with risky situations, therefore sometimes rights may take precedence over duty of care. However in other situations, sometimes duty of care may prevail over rights. Such as duty of care to protect from abuse from be balanced with the rights of the parents to have their information kept confident.
Task 2 (b) links to learning outcome 2, assessment criteria 2.3.
* Produce an explanation of where to get additional support and advice about conflicts and dilemmas.
Each carer should know the limits of our role and not do or say anything outside of this, it is important that we know who to go for if we need advice because we are in a sitation that we are not confortable with.
Suggestions of where you can go for support could include:
> Manager / headteached / lead / supervisor / committee chairperson / SENCO
> Settings paperowrk- policies and procedures, contract, publications, framework pages, laws
> Setings parent partnerships
> Advisory teacher services
> Local authority and their online information
> Social services
> Charities and support groups
> Local safeguarding teams
> Local children and information services
> Local health visitor
> Local behaviour support team
> Child protection team
> Other professional service providers: speech therapy, fire safety, police, life guard, rspca
> Websites – NHS, DoH, HSE, CAPT, Ofsted, CAB, NSPCC, businesslink
> Trade union representative
> Local library where reference and research boks to support new knowledge.
Task 3 links to learning outcome 3, assessment criteria 3.1 and 3.2.
* Write a description of how to respond to complaints
Comments and complaints can be made by individuals, workers, carers, family members, in fact anyone who feels there is something wrong that needs to be addressed. Many people do not know how to make comments and complaints, or who to turn to, whilst others feel uncomfortable about making complaints as the do not want to cause trouble and they do not want to risk services being reduced or removed. It is important that therefore, everyone knows what the procedures are and can advise them what to do. I have a complaints procedure in place that everyone including my assistant can follow, which includes a flow chart of how a complaint is dealt with so they can see and follow the process. This allows parents to express their displeasure of a service, person, situation etc.
Every complaint should be taken seriously and dealt with promptly and fully, be acknowledged with a specified time, have time limits for prelimary investigation and be monitored and progress reported to the complainant.
Within my setting any complaint is handled seriously. All complaints are properly investigated promptly and appropriate action is taken on any concerns that are raised. All complaints are recorded and available on request from both Ofsted and parents. The records include any action taken for each individual complaint. There are two stages to my complaint procedure;
Stage one: If a parent / carer has a complaint about my setting or the conduct of an individual member of staff i try to solve the problem by speaking to those involved. If satisfactory resolution cannot be found stage two formally comes into operation.
Stage two: If stage one is not successful then the parent / carer should put their complaint in detailing and in writing to me. Relevant names, dates of evidence and other important information should be included. We will acknowledge the complaint and send full and formal response.
If i feel the situation has Child Protection implications then would contact the local services department according to the procedure set out in my safeguarding policy and procedure. If any party involved in the complaint has any reason to think that a criminal offence has been made then the police will also be contacted. The formal response will be sent to the parent / carer and copied to all relevant members of staff. The response will include any recommendations for dealing with the complaint and for any amendments to policies and procedures emerging from the investigation. I will then arrange a time to meet with the parent / carer concerned and any other relevant individuals and discuss the complaint and response to it. Any parent / carer at any time can submit a complaint to Ofsted about any aspect of registered childcare provision, Ofsted will consider and investigate all complaints received.
* Write an explanation of the main points of agreed procedures for handling complaints.
* A complaints procedure sets out a plan of actions that ensure the complainant knows what to expect and reassures the practitioner/carer that theyre following a series of steps that can be considered as complying with legal requirements or ensuring best practice.
The main points for handling complaints is
>mutally agreed time & place for a meeting
>Follow up – where if the matter remains unresolved the complaint needs to be put into writing for a higher authoritys awareness.
Quote from the Early Years Framework Stage 2008:
“Registered providers must put in place a written procedure for dealing with concerns and complaints from parents and keep a written record of complaints and their outcome *1.
Registered providers must investigate all written complaints relating to the requirements and notify complainants of the outcome of the investigation within 28 days of having received the complaint.
Registered providers must provide Ofsted, on request, with a written record of all complaints made during any specified period, and the action which was taken as a result of each complaint.
Independent schools must ensure that the complaints procedure they are required to have in place for the rest of the school also applies to their early years provision.
The record of complaints should be kept for at least three years.”
NB: Please ensure that all the information given relates to setting working with children and or
Reference the sources of information you have used.