1.3 Drawing attention to potential conflicts

Course: NVQ Level 5 Diploma In Leadership & Management for Adult Care

Unit 2: Governance and regulatory processes

LO1: Understand legislation and statutory requirements that underpin adult care provision

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1.3 Drawing attention to potential conflicts

We must never allow conflicts between the various frameworks and guidelines that have been established by law or policy. If this happens, you should bring attention to it in national forums as well local ones so we can resolve these issues together seamlessly for everyone’s benefit.

You must remember that if policy conflicts occur between the various care providers, it is not always possible to follow every rule or policy that relates to adult care provision. You should always try to resolve any conflicts on an individual basis before trying to contact national groups for help.

Transparency about conflicts and dilemmas is crucial for many reasons. It helps others understand our challenges, it can spark public awareness of the issues at hand which may lead to support from other community members that have faced these same problems before (and maybe even some creative solutions!), but most importantly honesty with oneself leads us down a healthier path towards living well.

Whilst it is important to adhere to statutory requirements, you should also remember that there may be other good practice guidelines or frameworks that can be followed. For example, the National Minimum Data Set (NMDS) is a data set that was put in place to help the government, local authorities, and commissioners monitor whether enough care hours are being given to people who need support. This data set can be used by everyone, not just those responsible for adult care because it helps us all understand what type of support people may need at different stages of their lives.

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Conflict can also arise when different policies try to achieve different things. One example of this is the Mental Capacity Act (MCA) 2005, which tries to protect and empower individuals who may have a lack of mental capacity. The MCA states that individuals must be given every opportunity to make their own decisions wherever possible and wherever this is not possible the views of their families must be taken into account. The Care Act 2014, on the other hand, tries to standardize care and support provision by placing a legal framework around care planning and reviewing these plans from time to time. This means that there may be occasions when you need to make a decision about someone’s care plan that does not take into account the views of their family.

Many policies are created with certain groups in mind, so there may be times when you are treating people very differently because of your duty to adhere to various rules and guidelines. For example, if a person is being funded by their local authority for care provision they have certain rights that someone who is self-funding does not have. This is because the local authority has a duty to ensure that all of its residents are receiving the same level of care, regardless of their financial situation.

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