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Equality & Diversity
© Training Innovations Ltd 2015 Last updated: 06.07.15
2
Our society is becoming more complex and diverse. Overall
the population is growing, we are more ethnically diverse,
and we are getting older.
New patterns of migration have affected previously
homogenous communities.
Equality legislation has helped challenge much discrimination
and prejudice, but there are still big equality gaps.
3
When working in the care setting it is essential that each member
of staff knows and demonstrates the proper values that make up
basic good social care practice.
Every member of staff should be able to understand the
implications of:
Promoting equal opportunities to all, regardless of disability,
mental illness or frailty
Respecting diversity and different cultures
Understanding the importance and limits confidentiality
Using a person-centred approach when supporting a service
user
Using an individual’s care plan that is unique to them
Risk assessment
7
Some of the legislation relating to this standard:
The Race Relations Act
The Sex Discrimination Acts
The Education Acts
The Disabled Persons Act
Disability Discrimination Act
You would not be expected to know these Acts, however, they do
affect you in the job that you do. You will probably be able to access
these via the organisation you work for, or if not, through the local
library. In this section we will try to give you some ideas on how
these acts affect you and your job and also general attitudes and
approaches to life.
8
As a member of staff you should be able to understand the
importance of promoting the following values at all times
with all service users and these values underpin the whole
of social care:
Individuality
Rights
Choice
Privacy
Independence
Dignity
Respect
Partnership
9
Registered Company Number: 7245747
African –Caribbean people
Influenced by the diets of many areas including West Africa, Western Europe, the
Indian subcontinent and China. Yams, sweet potatoes, rice, bread, fruit, and
green bananas are the most common. Traditional Caribbean dishes include
curried goat, fried dumplings, ackee and salt fish the national dish of Jamaica,
roti (the national dish of Trinidad and Tobago) Cou-Cou and Flying fish (the
national dish of Barbados).
Islam
Muslims are forbidden to eat pork or any products made from pork. Other meat
must be ‘Halal’. Fish is permitted provided it had fins and scales and was alive
when removed from the water
Many Muslims are vegetarian away from home and will refuse food if they are
not sure of the ingredients.
All Muslims over the age of 12 years are expected to fast during the holy month
of Ramadan except those who are ill, expectant and nursing mothers and
menstruating females.
Registered Company Number: 7245747
Hinduism
The great majority of Hindus avoid beef. Most avoid the meat of water buffalo
and yak as being too cow-like as well as pork, crabs, reptiles, amphibians, snails,
insects and worms. Animals that have died of natural causes are considered
highly polluting and it is not acceptable to eat them. The highest castes
(Brahmins and sometimes Kshatriya) may also avoid chicken. Goat or mutton is
often the only acceptable meat but many are completely vegetarian. Eggs may
be completely unacceptable or acceptable only if unfertilized. Some also avoid
onions and garlic.
Judaism
Many Jews will ask for KOSHER (fit or proper) food, i.e. meat that has been
prepared
in a special way according to Jewish law.
•Sheep, cattle, salmon, trout, and haddock are all Kosher, but must be killed in a
special way with as little cruelty as possible.
•Pork, shrimp, shellfish are strictly prohibited
•Milk and meat products are not eaten at the same meal
Registered Company Number: 7245747
Christianity
Christianity has no special dietary laws although some may reject the
drinking of alcohol, for example, Quakers, Salvation Army and some
Baptists and Methodists
•Particular foods may be given up during lent with fasting on the
significant days, for example, Good Friday
•Some may abstain from eating meat on Fridays
Sikhism
Sikhism is unlike some eastern religions which expect their followers to
practise self-denial. Guru Nanak is reputed to have said, “salvation is not
incompatible with laughing, eating, playing and dressing well”. Many Sikhs
are vegetarians although some eat meat. Even if they are not vegetarian,
Sikhs tend not to eat beef because of their Hindu origins. They are
forbidden to eat Halal meat (animal slaughtered according to Muslim law)
or kosher meat. Alcohol and tobacco are strictly forbidden although some
Sikhs do drink alcohol.
In Britain, Gurdwaras tend to serve vegetarian food.
Registered Company Number: 7245747
Rastafarianism
Most do not eat meat, but fish with scales may be acceptable. Pork is absolutely
forbidden. Fresh natural (Ital) foods are preferred to processed food. Natural
herbs and spices are liberally used.
Many Rastafarians follow Jewish dietary requirements and will not eat grapes,
currents or raisins.
Buddhism
Buddhists emphasise the avoidance of intentional killing: as a result,
most Buddhists are vegetarian.
As a member of staff you should be able to understand the
meaning of equal opportunities in relation to the service user
you are supporting, and how to act in such a way that will
promote this.
Any care you provide for a service user should not be affected
by any likes or dislikes you may have or indeed any personal
problems that you may have.
Neither should you treat one person differently from another.
14
You need to demonstrate that all service users have equal access
to all services and opportunities irrespective of race, gender,
physical or intellectual, disability, religion or beliefs, culture, age
and sexuality.
In your day to day work you should be aware of anything which
discriminates against a particular person.
In order to promote anti-discrimination you will need to have
good understanding of what discrimination is.
15
16
A definition of discrimination could be to ‘set someone apart for
some reason or another’, very often it is on the grounds of some
personal prejudice we feel and through some opinion expressed by
our parents or colleagues which we have taken on board.
Some of the areas which we treat people differently could be:
People who are a different colour form ourselves
People who are from a different race
People who are from a different religion
People who are of a different sex
People who are of a different age group
People who have a disability
17
DIRECT OR INDIRECT DISCRIMINATION
To directly discriminate against someone means to treat him or
her differently from others. Indirect discrimination is much more
subtle as this is done by excluding people from something.
For example mean may not be included in a shortlist for a job:
women may not be allowed to become members of a golf club;
young people may not be considered suitable for a job working
with young or elderly people.
18
STEREOTYPING – is when assumptions are made that everyone
from a particular group, for example; women, Muslims, people
with Down’s syndrome, will be the same.
LABELLING - is when you make one aspect of a person or group
the most important thing about them, for example being old,
being ill, having challenging behaviour. The aspect chosen is
usually seen as negative by the person doing the labelling.
As a member of staff you should understand how each of the following
terms relate to your own day to day practices:
19
What are some cliché
stereotypes?
20
OPPRESSION – is a force which pushes down. In the context of
social care, oppression is the force which denies people their
rights and discriminates against them. It is what people feel
when they are discriminated against.
ANTI-OPPRESSIVE PRACTICE – is a practice which tries to
ensure that peoples rights are acknowledged and acted upon,
and they are not discriminated against.
21
Not all discrimination is bad!!!
Consider the situation where certain spaces are kept for
disabled vehicle users in car parks.
Do we consider this unfair? Most of us would see that as
positive discrimination.
What other positive discrimination examples can you think
of?
22
As a member of staff IT is very important to look at some of the
subtle ways you may be discriminating against service user, for
example:
Do you treat everyone equally, regardless of whether you like
them or not?
Do you spend longer with some service users whom you can’t
understand?
Do you speak at a level and at a pace the service user can cope
with, according to their individual needs – for example a service
user who has hearing difficulties?
Do you give each service user the same opportunity to exercise
rights and choices?
23
In order to fight discrimination it is important to see a
service user as a person with very individual needs and
preferences.
As a member of staff you should recognise that differences
make life interesting and should be encouraged, not feared.
Some areas you have considered include food, dress and
religion.
24
There are others of course, such as the rituals used for
dying, attitudes to marriage and sex, personal hygiene,
cutting of hair, attitudes to socialising with or being cared for
by the opposite sex.
As a member of staff you must be aware of these things in
order to treat each person as an individual, showing respect
for individuality, and not causing offence.
Frequently offence is caused through ignorance, rather
than deliberately.
25
As a member of staff you will need to understand
the limitations and boundaries of confidentiality.
There may be an occasion when a service user
does not give their permission for others to be
told, but where others may be at risk if
information is not passed on, you must discuss
the matter discreetly with your employer.
What examples can you think of?
26
This may of course place you, the worker, in a
compromising situation with the service user and
your relationship with the service user could be
affected by this.
Your employer will support you in any discussions
with the service user that may take place as a
result of this.
27
You will need to understand the importance of
checking peoples identity, before allowing them
access to some information or indeed the
hospital.
You should never give out information unless you
are sure the person asking for it has the right to
have it.
28
If you open the door to someone that is unknown to
you, you should always ask for ID - identification, all
reputable companies issue their staff with ID badges to
be able to show to people.
Don’t be afraid to ask for this and try to encourage the
service user to be careful too.
29
30
Take care that you do not carelessly give out information too, for
example:
“oh no, Mr X won’t be interested in a new car as he is housebound”
or
“no thank you Mrs Z won’t need that as she lives on her own”
By saying these two phrases, what information do you believe you are
giving out??
If you are in any doubt you should always take the precaution of
checking with your employer, or possibly the service user family,
depending on the circumstances. Its much better to be safe than sorry.
As a member of staff you should promote a sense of identity by
respecting and supporting elements which makes up a person’s
identity. This should include:
Age
Gender
Sexual orientation
Race
Religion
Nationality
Beliefs
Taste
Language
31
32
What do ‘Care Plans’
And ‘Risk Assessments’
tell us about the service
user?
33
Working alongside a service user aids carers to promote:
 The service user expressing their needs and preferences
 Understand and take responsibility for meeting their own
health, social and emotional needs
Identify how their care needs should be met
Assess and manage risks to their health and wellbeing
Work in partnership with all involved
Work with, and resolve conflicts that you are likely to meet
34
HOW TO ASSESS AND MANAGE:
Risks to the carers’ and individuals’ health and social
wellbeing
The care the individuals require to enable the carers to
meet their own needs and preferences
How to agree outcomes and make, implement and review
plans to support carers in the caring role
35
Each carer has their own theory of caring and how caring
should be done! However it is done, the care a service
user receives should be person centred and exempt
from abuse!
Theories relevant to the carer’s with whom you work,
about the impact on behaviour of stress, distress, anger,
and fear on carers are very individual.
The ways in which support is available to the carers and
the length of time they are providing care can impact on
their health, emotional and social wellbeing
36
How and where to access information and support that
informs your practice when supporting carers in the
caring role.
How to access, review and evaluate information about
resources, services, facilities and support groups,
relevant to the needs and preferences of the carers.
Government reports, inquiries and research relevant to
supporting carers and general abuse, but specifically
related to abuse by carers on individuals and individuals
on carers.
37
Resources, services, facilities and support groups
appropriate to wellbeing of carers.
How access to employment, recreation, leisure and
educational activities can support carers in their caring
role.
The role specific support groups for carers can have on
their wellbeing and their ability to learn new skills and
ways of coping factors that affect the health, wellbeing,
behaviour, skills, abilities and development of carers
38
What types of policies and
procedures does your company
have?
39
Registered Company Number: 7245747
Registered Company Number: 7245747
What is ‘Duty of Care’?
Registered Company Number: 7245747
In English Tort law, a duty of care is:
‘a legal obligation imposed on the person
requiring that they adhere to a standard of
reasonable care whilst performing any acts that
could foreseeably harm others.’
Registered Company Number: 7245747
The courts have identified what standards of care a
person can expect from those providing it: i.e. what a
‘reasonable person would think is reasonable’ in the
circumstance.
It requires that everything reasonably practicable be
done to protect the health and safety and wellbeing of
others.
44
What standard of care do you
think the person/s that you care
for or support should expect to be
entitled to?
Registered Company Number: 7245747
 Care that meets the persons identified needs
 Person centred planning around the person
 Support to maintain independence
 Well-trained staff
 Care that meets the minimum standards as set
down in law
46
By understanding and acknowledging people’s
rights we gain greater awareness of
circumstances which might give rise to
concerns.
Often it is when a persons rights are breached
that we become aware that we have a ‘duty of
care’ to alert another person to a situation that
may make a person we care for or support
vulnerable or at risk
Registered Company Number: 7245747
‘Duty of care’ is a requirement that a person act towards
others and the public with the watchfulness, attention,
caution, and the prudence that a reasonable person in
the circumstances would.
If a person’s actions do not meet this standard of care,
then the acts are considered negligent and any damages
resulting may be claimed in a lawsuit for damages.
Registered Company Number: 7245747
‘Reasonably practicable’ means that the requirements of
the law vary with the degree of risk in a particular activity or
environment which must be balanced against the time,
trouble and cost of taking measures to control the risk.
It enables the duty holder to choose the most efficient
means for controlling a particular risk from the range of
feasible possibilities.
The duty holder must show that it was not reasonably
practicable to do more than what was done or that he/she
has taken ‘reasonable precautions and exercised due
diligence’
Registered Company Number: 7245747
‘Public Interest’ is anything affecting the rights,
health or finances of the public at large.
It is something that is of general benefit to the public
or to which the general public would feel a ‘need to
know’ in the general populations best interests.
Registered Company Number: 7245747
Technically known as "Public Interest Disclosure" and more generally known as
"whistle blowing", the Law guarantees you protection in reporting abuse and neglect
where to do so might cause you difficulty with your employer.
 "The formal phrase for "blowing the whistle" is Public Interest Disclosure. It is a
legal right and duty to “blow the whistle” on any suspected abuse and the law will
protect you for doing so
 Its purpose is to protect the interests of those in our care where error [including
abuse] has gone unchecked. Therefore, it is not "betrayal”
 Where you have concerns relating to safety or health dangers at work, where
there may be an oversight relating to legal obligations, care standards or
practices etc. [including abuse or neglect] you should raise the matter with the
Registered Manager
Registered Company Number: 7245747
Registered Company Number: 7245747
As a group discuss and answer the following:
How could your ‘duty of care’ contribute to safe
practice?
How could failing in your ‘duty of care’ contribute to
unsafe practice?
Registered Company Number: 7245747
When considering safe practice we have to understand that
care and support encompasses a wide area. If, for example,
 We fail to report that we have observed that a person has
a sore spot on the base of their spine, in a short time,
that could develop into a pressure sore.
 If we see a colleague shouting or treating a person they
support harshly, could that lead to abuse if we fail to use
our ‘duty of care’ and report it?
Registered Company Number: 7245747
Three criteria must be met for negligence to be
proven and be actionable in the courts:
 The ‘duty of care’ must actually be owed to a person
 That ‘duty’ must have been breached
 Harm must have been suffered as a result
Registered Company Number: 7245747
Whether negligence has occurred is a matter of fact for the
courts to decide.
Where the ‘duty of care’ has been breached because the
acts or omissions of a health or social member of staff fell
below those of the ‘ordinarily competent’ health or social
member of staff, it is important to bear in mind that it will be
no defence to argue:
That the shortcomings in not acting occurred because of
a persons inexperience.
Registered Company Number: 7245747
If the task or circumstances required a person of a
particular skill or standard, then if someone was too
inexperienced to practise safely, they should have
made that clear to their line manager or senior
professional.
In turn the supervising professional should have
taken responsibility for checking that tasks are only
delegated to, or undertaken by, competent staff.
Registered Company Number: 7245747
There may be occasions when people’s rights
appear to be at odds with the duty of care,
presenting you with a dilemma of what to do.
What rights do you think the person/s that
you care for should expect and be entitled
to?
Registered Company Number: 7245747
 Dignity
 Respect
 Choice
 Individuality
 Confidentiality
 Privacy
 Status
 Equality
 Support to be independent
 To be heard
 To be listened to
 The right to a life free from abuse
 The right to hold their own religious views
 The right to express their sexuality and gender
 The right to access community facilities
 The right to choose how to be supported and who should support them.
Registered Company Number: 7245747
Work in pairs.
Having considered what are a persons rights are,
think of a dilemma that may arise between the ‘duty
of care’ and the rights of a person you care for or
support.
In your pairs discuss and agree how you would
resolve the dilemma you have identified and then
share as a group.
Discuss as a group and offer any other options
Registered Company Number: 7245747
Possible responses:
What you can do:
 Advise the person that you support that you would need to disclose any issues
where you feel you have a ‘duty of care’ to do so.
 Seek advice from a senior or independent person
 Record your reasons for taking or not taking action
 Consider whether the person you support has the ‘mental capacity’ necessary to
make their decision
 Seek advice; a referral for mental capacity assessment may be necessary where
it is considered the person may lack capacity to make decisions in this particular
circumstance.
Registered Company Number: 7245747
What you cannot do:
 Decide to over-rule the decision of the person that you support if they
have the mental capacity to make their own decisions
 Independently make a decision on behalf of the person that you support
 Decide not to report an issue of concern where there is the possibility of
an adverse event
 Promise absolute confidentiality
 Make a decision which may oppose a Deprivation of Liberty
authorisation
Congratulations you have now
completed your
Equality and Diversity
training
62

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Equality & Diversity Slideshare july 2015

  • 1. Equality & Diversity © Training Innovations Ltd 2015 Last updated: 06.07.15
  • 2. 2
  • 3. Our society is becoming more complex and diverse. Overall the population is growing, we are more ethnically diverse, and we are getting older. New patterns of migration have affected previously homogenous communities. Equality legislation has helped challenge much discrimination and prejudice, but there are still big equality gaps. 3
  • 4. When working in the care setting it is essential that each member of staff knows and demonstrates the proper values that make up basic good social care practice. Every member of staff should be able to understand the implications of: Promoting equal opportunities to all, regardless of disability, mental illness or frailty Respecting diversity and different cultures Understanding the importance and limits confidentiality Using a person-centred approach when supporting a service user Using an individual’s care plan that is unique to them Risk assessment 7
  • 5. Some of the legislation relating to this standard: The Race Relations Act The Sex Discrimination Acts The Education Acts The Disabled Persons Act Disability Discrimination Act You would not be expected to know these Acts, however, they do affect you in the job that you do. You will probably be able to access these via the organisation you work for, or if not, through the local library. In this section we will try to give you some ideas on how these acts affect you and your job and also general attitudes and approaches to life. 8
  • 6. As a member of staff you should be able to understand the importance of promoting the following values at all times with all service users and these values underpin the whole of social care: Individuality Rights Choice Privacy Independence Dignity Respect Partnership 9
  • 7. Registered Company Number: 7245747 African –Caribbean people Influenced by the diets of many areas including West Africa, Western Europe, the Indian subcontinent and China. Yams, sweet potatoes, rice, bread, fruit, and green bananas are the most common. Traditional Caribbean dishes include curried goat, fried dumplings, ackee and salt fish the national dish of Jamaica, roti (the national dish of Trinidad and Tobago) Cou-Cou and Flying fish (the national dish of Barbados). Islam Muslims are forbidden to eat pork or any products made from pork. Other meat must be ‘Halal’. Fish is permitted provided it had fins and scales and was alive when removed from the water Many Muslims are vegetarian away from home and will refuse food if they are not sure of the ingredients. All Muslims over the age of 12 years are expected to fast during the holy month of Ramadan except those who are ill, expectant and nursing mothers and menstruating females.
  • 8. Registered Company Number: 7245747 Hinduism The great majority of Hindus avoid beef. Most avoid the meat of water buffalo and yak as being too cow-like as well as pork, crabs, reptiles, amphibians, snails, insects and worms. Animals that have died of natural causes are considered highly polluting and it is not acceptable to eat them. The highest castes (Brahmins and sometimes Kshatriya) may also avoid chicken. Goat or mutton is often the only acceptable meat but many are completely vegetarian. Eggs may be completely unacceptable or acceptable only if unfertilized. Some also avoid onions and garlic. Judaism Many Jews will ask for KOSHER (fit or proper) food, i.e. meat that has been prepared in a special way according to Jewish law. •Sheep, cattle, salmon, trout, and haddock are all Kosher, but must be killed in a special way with as little cruelty as possible. •Pork, shrimp, shellfish are strictly prohibited •Milk and meat products are not eaten at the same meal
  • 9. Registered Company Number: 7245747 Christianity Christianity has no special dietary laws although some may reject the drinking of alcohol, for example, Quakers, Salvation Army and some Baptists and Methodists •Particular foods may be given up during lent with fasting on the significant days, for example, Good Friday •Some may abstain from eating meat on Fridays Sikhism Sikhism is unlike some eastern religions which expect their followers to practise self-denial. Guru Nanak is reputed to have said, “salvation is not incompatible with laughing, eating, playing and dressing well”. Many Sikhs are vegetarians although some eat meat. Even if they are not vegetarian, Sikhs tend not to eat beef because of their Hindu origins. They are forbidden to eat Halal meat (animal slaughtered according to Muslim law) or kosher meat. Alcohol and tobacco are strictly forbidden although some Sikhs do drink alcohol. In Britain, Gurdwaras tend to serve vegetarian food.
  • 10. Registered Company Number: 7245747 Rastafarianism Most do not eat meat, but fish with scales may be acceptable. Pork is absolutely forbidden. Fresh natural (Ital) foods are preferred to processed food. Natural herbs and spices are liberally used. Many Rastafarians follow Jewish dietary requirements and will not eat grapes, currents or raisins. Buddhism Buddhists emphasise the avoidance of intentional killing: as a result, most Buddhists are vegetarian.
  • 11. As a member of staff you should be able to understand the meaning of equal opportunities in relation to the service user you are supporting, and how to act in such a way that will promote this. Any care you provide for a service user should not be affected by any likes or dislikes you may have or indeed any personal problems that you may have. Neither should you treat one person differently from another. 14
  • 12. You need to demonstrate that all service users have equal access to all services and opportunities irrespective of race, gender, physical or intellectual, disability, religion or beliefs, culture, age and sexuality. In your day to day work you should be aware of anything which discriminates against a particular person. In order to promote anti-discrimination you will need to have good understanding of what discrimination is. 15
  • 13. 16
  • 14. A definition of discrimination could be to ‘set someone apart for some reason or another’, very often it is on the grounds of some personal prejudice we feel and through some opinion expressed by our parents or colleagues which we have taken on board. Some of the areas which we treat people differently could be: People who are a different colour form ourselves People who are from a different race People who are from a different religion People who are of a different sex People who are of a different age group People who have a disability 17
  • 15. DIRECT OR INDIRECT DISCRIMINATION To directly discriminate against someone means to treat him or her differently from others. Indirect discrimination is much more subtle as this is done by excluding people from something. For example mean may not be included in a shortlist for a job: women may not be allowed to become members of a golf club; young people may not be considered suitable for a job working with young or elderly people. 18
  • 16. STEREOTYPING – is when assumptions are made that everyone from a particular group, for example; women, Muslims, people with Down’s syndrome, will be the same. LABELLING - is when you make one aspect of a person or group the most important thing about them, for example being old, being ill, having challenging behaviour. The aspect chosen is usually seen as negative by the person doing the labelling. As a member of staff you should understand how each of the following terms relate to your own day to day practices: 19
  • 17. What are some cliché stereotypes? 20
  • 18. OPPRESSION – is a force which pushes down. In the context of social care, oppression is the force which denies people their rights and discriminates against them. It is what people feel when they are discriminated against. ANTI-OPPRESSIVE PRACTICE – is a practice which tries to ensure that peoples rights are acknowledged and acted upon, and they are not discriminated against. 21
  • 19. Not all discrimination is bad!!! Consider the situation where certain spaces are kept for disabled vehicle users in car parks. Do we consider this unfair? Most of us would see that as positive discrimination. What other positive discrimination examples can you think of? 22
  • 20. As a member of staff IT is very important to look at some of the subtle ways you may be discriminating against service user, for example: Do you treat everyone equally, regardless of whether you like them or not? Do you spend longer with some service users whom you can’t understand? Do you speak at a level and at a pace the service user can cope with, according to their individual needs – for example a service user who has hearing difficulties? Do you give each service user the same opportunity to exercise rights and choices? 23
  • 21. In order to fight discrimination it is important to see a service user as a person with very individual needs and preferences. As a member of staff you should recognise that differences make life interesting and should be encouraged, not feared. Some areas you have considered include food, dress and religion. 24
  • 22. There are others of course, such as the rituals used for dying, attitudes to marriage and sex, personal hygiene, cutting of hair, attitudes to socialising with or being cared for by the opposite sex. As a member of staff you must be aware of these things in order to treat each person as an individual, showing respect for individuality, and not causing offence. Frequently offence is caused through ignorance, rather than deliberately. 25
  • 23. As a member of staff you will need to understand the limitations and boundaries of confidentiality. There may be an occasion when a service user does not give their permission for others to be told, but where others may be at risk if information is not passed on, you must discuss the matter discreetly with your employer. What examples can you think of? 26
  • 24. This may of course place you, the worker, in a compromising situation with the service user and your relationship with the service user could be affected by this. Your employer will support you in any discussions with the service user that may take place as a result of this. 27
  • 25. You will need to understand the importance of checking peoples identity, before allowing them access to some information or indeed the hospital. You should never give out information unless you are sure the person asking for it has the right to have it. 28
  • 26. If you open the door to someone that is unknown to you, you should always ask for ID - identification, all reputable companies issue their staff with ID badges to be able to show to people. Don’t be afraid to ask for this and try to encourage the service user to be careful too. 29
  • 27. 30 Take care that you do not carelessly give out information too, for example: “oh no, Mr X won’t be interested in a new car as he is housebound” or “no thank you Mrs Z won’t need that as she lives on her own” By saying these two phrases, what information do you believe you are giving out?? If you are in any doubt you should always take the precaution of checking with your employer, or possibly the service user family, depending on the circumstances. Its much better to be safe than sorry.
  • 28. As a member of staff you should promote a sense of identity by respecting and supporting elements which makes up a person’s identity. This should include: Age Gender Sexual orientation Race Religion Nationality Beliefs Taste Language 31
  • 29. 32 What do ‘Care Plans’ And ‘Risk Assessments’ tell us about the service user?
  • 30. 33
  • 31. Working alongside a service user aids carers to promote:  The service user expressing their needs and preferences  Understand and take responsibility for meeting their own health, social and emotional needs Identify how their care needs should be met Assess and manage risks to their health and wellbeing Work in partnership with all involved Work with, and resolve conflicts that you are likely to meet 34
  • 32. HOW TO ASSESS AND MANAGE: Risks to the carers’ and individuals’ health and social wellbeing The care the individuals require to enable the carers to meet their own needs and preferences How to agree outcomes and make, implement and review plans to support carers in the caring role 35
  • 33. Each carer has their own theory of caring and how caring should be done! However it is done, the care a service user receives should be person centred and exempt from abuse! Theories relevant to the carer’s with whom you work, about the impact on behaviour of stress, distress, anger, and fear on carers are very individual. The ways in which support is available to the carers and the length of time they are providing care can impact on their health, emotional and social wellbeing 36
  • 34. How and where to access information and support that informs your practice when supporting carers in the caring role. How to access, review and evaluate information about resources, services, facilities and support groups, relevant to the needs and preferences of the carers. Government reports, inquiries and research relevant to supporting carers and general abuse, but specifically related to abuse by carers on individuals and individuals on carers. 37
  • 35. Resources, services, facilities and support groups appropriate to wellbeing of carers. How access to employment, recreation, leisure and educational activities can support carers in their caring role. The role specific support groups for carers can have on their wellbeing and their ability to learn new skills and ways of coping factors that affect the health, wellbeing, behaviour, skills, abilities and development of carers 38
  • 36. What types of policies and procedures does your company have? 39
  • 38. Registered Company Number: 7245747 What is ‘Duty of Care’?
  • 39. Registered Company Number: 7245747 In English Tort law, a duty of care is: ‘a legal obligation imposed on the person requiring that they adhere to a standard of reasonable care whilst performing any acts that could foreseeably harm others.’
  • 40. Registered Company Number: 7245747 The courts have identified what standards of care a person can expect from those providing it: i.e. what a ‘reasonable person would think is reasonable’ in the circumstance. It requires that everything reasonably practicable be done to protect the health and safety and wellbeing of others.
  • 41. 44 What standard of care do you think the person/s that you care for or support should expect to be entitled to?
  • 42. Registered Company Number: 7245747  Care that meets the persons identified needs  Person centred planning around the person  Support to maintain independence  Well-trained staff  Care that meets the minimum standards as set down in law
  • 43. 46 By understanding and acknowledging people’s rights we gain greater awareness of circumstances which might give rise to concerns. Often it is when a persons rights are breached that we become aware that we have a ‘duty of care’ to alert another person to a situation that may make a person we care for or support vulnerable or at risk
  • 44. Registered Company Number: 7245747 ‘Duty of care’ is a requirement that a person act towards others and the public with the watchfulness, attention, caution, and the prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent and any damages resulting may be claimed in a lawsuit for damages.
  • 45. Registered Company Number: 7245747 ‘Reasonably practicable’ means that the requirements of the law vary with the degree of risk in a particular activity or environment which must be balanced against the time, trouble and cost of taking measures to control the risk. It enables the duty holder to choose the most efficient means for controlling a particular risk from the range of feasible possibilities. The duty holder must show that it was not reasonably practicable to do more than what was done or that he/she has taken ‘reasonable precautions and exercised due diligence’
  • 46. Registered Company Number: 7245747 ‘Public Interest’ is anything affecting the rights, health or finances of the public at large. It is something that is of general benefit to the public or to which the general public would feel a ‘need to know’ in the general populations best interests.
  • 47. Registered Company Number: 7245747 Technically known as "Public Interest Disclosure" and more generally known as "whistle blowing", the Law guarantees you protection in reporting abuse and neglect where to do so might cause you difficulty with your employer.  "The formal phrase for "blowing the whistle" is Public Interest Disclosure. It is a legal right and duty to “blow the whistle” on any suspected abuse and the law will protect you for doing so  Its purpose is to protect the interests of those in our care where error [including abuse] has gone unchecked. Therefore, it is not "betrayal”  Where you have concerns relating to safety or health dangers at work, where there may be an oversight relating to legal obligations, care standards or practices etc. [including abuse or neglect] you should raise the matter with the Registered Manager
  • 49. Registered Company Number: 7245747 As a group discuss and answer the following: How could your ‘duty of care’ contribute to safe practice? How could failing in your ‘duty of care’ contribute to unsafe practice?
  • 50. Registered Company Number: 7245747 When considering safe practice we have to understand that care and support encompasses a wide area. If, for example,  We fail to report that we have observed that a person has a sore spot on the base of their spine, in a short time, that could develop into a pressure sore.  If we see a colleague shouting or treating a person they support harshly, could that lead to abuse if we fail to use our ‘duty of care’ and report it?
  • 51. Registered Company Number: 7245747 Three criteria must be met for negligence to be proven and be actionable in the courts:  The ‘duty of care’ must actually be owed to a person  That ‘duty’ must have been breached  Harm must have been suffered as a result
  • 52. Registered Company Number: 7245747 Whether negligence has occurred is a matter of fact for the courts to decide. Where the ‘duty of care’ has been breached because the acts or omissions of a health or social member of staff fell below those of the ‘ordinarily competent’ health or social member of staff, it is important to bear in mind that it will be no defence to argue: That the shortcomings in not acting occurred because of a persons inexperience.
  • 53. Registered Company Number: 7245747 If the task or circumstances required a person of a particular skill or standard, then if someone was too inexperienced to practise safely, they should have made that clear to their line manager or senior professional. In turn the supervising professional should have taken responsibility for checking that tasks are only delegated to, or undertaken by, competent staff.
  • 54. Registered Company Number: 7245747 There may be occasions when people’s rights appear to be at odds with the duty of care, presenting you with a dilemma of what to do. What rights do you think the person/s that you care for should expect and be entitled to?
  • 55. Registered Company Number: 7245747  Dignity  Respect  Choice  Individuality  Confidentiality  Privacy  Status  Equality  Support to be independent  To be heard  To be listened to  The right to a life free from abuse  The right to hold their own religious views  The right to express their sexuality and gender  The right to access community facilities  The right to choose how to be supported and who should support them.
  • 56. Registered Company Number: 7245747 Work in pairs. Having considered what are a persons rights are, think of a dilemma that may arise between the ‘duty of care’ and the rights of a person you care for or support. In your pairs discuss and agree how you would resolve the dilemma you have identified and then share as a group. Discuss as a group and offer any other options
  • 57. Registered Company Number: 7245747 Possible responses: What you can do:  Advise the person that you support that you would need to disclose any issues where you feel you have a ‘duty of care’ to do so.  Seek advice from a senior or independent person  Record your reasons for taking or not taking action  Consider whether the person you support has the ‘mental capacity’ necessary to make their decision  Seek advice; a referral for mental capacity assessment may be necessary where it is considered the person may lack capacity to make decisions in this particular circumstance.
  • 58. Registered Company Number: 7245747 What you cannot do:  Decide to over-rule the decision of the person that you support if they have the mental capacity to make their own decisions  Independently make a decision on behalf of the person that you support  Decide not to report an issue of concern where there is the possibility of an adverse event  Promise absolute confidentiality  Make a decision which may oppose a Deprivation of Liberty authorisation
  • 59. Congratulations you have now completed your Equality and Diversity training 62

Editor's Notes

  1. This is important as they are looking to develop a new bill of rights through the government since the most recent election.
  2. Every service user will have a care plan which will record details of the service user and how they should be cared for. It must be continually updated so that everyone caring for the individual will know what support package and method is appropriate. You should be familiar with the care plans of every service user you support, and you are likely to be involved in recording and updating information in that plan.