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

Course- Level 3 diploma in care (RQF)

Unit 3 –Duty of Care in Care Settings

L.O 1 – Understand how duty of care contributes to safe practice

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

Duty of care is a legal responsibility that an individual or organization owes to another person or group of people. The duty of care may be owed to protect someone from foreseeable harm, or it may be owed simply to ensure that the welfare and interests of the person or group are considered in any decisions made about them.

Organizations that work with children, adults, or vulnerable populations are often required by law to implement policies and procedures that ensure the safety and wellbeing of those individuals. This is done through a process known as safeguarding or child protection. Safeguarding refers to all the measures taken to keep children safe from abuse and neglect, while child protection is the term used specifically for those measures that are taken when there is a known or suspected case of child abuse or neglect. The two terms are used interchangeably, and many organizations adopt one term to refer to both concepts.

A Duty of Care within an organization means the individual is required to adhere to policies, procedures, standards set by their employer/contractor. If they do not follow those procedures or work outside the guidelines of the policy they may be subject to disciplinary action or dismissal. It is not just an “individual thing” and there is no need for the individual to be competent, only that they follow the rules and STANDARDS of employment/contracting working practices.

It can also refer to a formal responsibility created by contract (i.e., as defined in the contract) or by statute (i.e., as defined in law). This is distinct from a “moral obligation”, such as the belief that one ought to help those in need even when it is not required by law or contract. Generally, this responsibility places a legal duty on an individual to take reasonable care to avoid acts or omissions which could lead to harm.

Definitions of “reasonable care” vary by legal jurisdiction, but generally involve a requirement that an individual take account of the potential risk of causing harm and the reasonable likelihood of injury, and act or abstain from acting in light of that knowledge. An example is found in many jurisdictions’ legal requirements for individuals working with children.

They may be held legally responsible if they fail to take precautions to protect children from harmful situations. In some cases, under the “res ipsa loquitur” legal doctrine, a lack of care that is typically applied in such a situation can itself suggest negligence. This particular principle serves as a basis for holding people responsible for accidents on their property, even if there is no sign of negligence.

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