3.2 Explain how to manage risks associated with conflicts and dilemmas between an individual’s rights and the duty of care

Course: NVQ Level 4 Diploma In Health And Social Care (RQF)

Unit 9: Professional practice in health and social care for adults or children and young people

LO3: Understand how to address conflicts and dilemmas that may arise between an individual’s rights to choice and control and the duty of care

3.2 Explain how to manage risks associated with conflicts and dilemmas between an individual’s rights and the duty of care

Risk is an integral part of providing care. A risk assessment can be carried out in order to negate any harm that may occur, for example avoiding a situation where an individual is at risk of falling or avoiding an area that may cause trips and falls. A risk assessment should also cover the general wellbeing of individuals as well as their personal welfare. Conflicts and dilemmas that may arise between an individual’s rights to choice and control and the duty of care are that an individual’s choices may not be in their best interest, e.g. a decision to go on a holiday or eat certain foods when it may have been better for the individual to remain at home or have more nutritious food instead. When it comes to choosing who provides you with support this could be based on personal preferences but these preferences should still take into account the individual’s wellbeing and safety.

Each person has a right to say over how they live their life meaning that some individuals will not want others involved in decisions about their lives whilst other people can feel more comfortable having another person involved in making decisions. When providing care it is important to respect the rights of individuals and not take away their ability to make choices for themselves. The duty of care that a support worker has to carry out can be done in a way that ensures the individual remains within their rights, for example, if an individual wanted another person involved in making decisions then this should be carried out but if it compromises another person’s rights then this action should not go ahead.

When thinking about conflicts and dilemmas between an individual’s rights and the duty of care you must consider whether or not the choice made means that someone else’s right will be compromised. For example, when planning an activity with someone during working hours this could affect another person’s life at home, this would be a conflict because you are putting pressure on other people to accommodate your decisions. When thinking about an individual’s rights it is important to consider if there are any personal preferences or cultural reasons why they need involvement in decision making, for example, some cultures believe that the men should not have involvement in family decisions so whilst their preference has been taken into consideration this should still take place due to cultural views.

Managing conflicts and dilemmas: Do’s & don’ts

When trying to balance an individual’s rights with the duty of care, there are many pitfalls. Here is a list of DO’s and DON’Ts for avoiding these difficulties:

Don’ts

• Don’t tell others what they can and can’t do
• Don’t embellish, exaggerate or make light of the facts
• Don’t keep quiet if there is a risk of harm
• Don’t worry about breaking confidentiality if there is a suspicion of abuse
• Don’t assume that an individual does not have the capacity to make a decision (unless you have the relevant paperwork to back it up)
• Don’t make decisions for people without their consent
• Don’t take away the power from individuals by limiting their choices, preferences, and control over their lives.

Do’s

• Do explain the reasoning behind a decision to a person you are supporting.
• Do explain the benefits of a decision to an individual if they cannot comprehend this themselves.
• Do have preferences and choices in your personal life as well as work life.
• Take reasonable steps to ensure the safety and well-being of other
• Do what you can to ensure individuals have all the info they need to make an informed decision
• Inform responsible person(s) if there is a risk of harm to themselves or others
• Inform responsible person(s) if you have a suspicion that abuse has occurred or is likely to occur
• Request an MCA referral if you believe that an individual may not have the capacity to make a decision
• Ensure that preferences regarding an individual’s lifestyle do not result in another person being compromised, e.g., allowing activities during working hours that may affect others at home.

Risk assessments should be carried out when planning any activity involving another person, this includes thinking about risks to the individual, risk to others, and risk to the property. Risk assessments should also be carried out when thinking about any medication or treatments that you may need to carry out on an individual.

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