The Juggle with Challenging
Part of broader legal concept of negligence
EXISTS when a persons actions or failure to
act, could reasonably be expected to affect
Duty Of Care
▪ Responsibility to be careful where injury or harm is foreseeable.
Standard of Care
▪ Expected of a reasonable person
Breach of duty of care
▪ Failing to do what is reasonable or doing something
Harm or loss of injury
▪ Physical harm, economic loss or psychological trauma
▪ Directly attributable to the breach of duty
Need to be familiar with
Human and Legal rights of individuals (eg safety)
Informed Decision Making
What others like you would do:
Both related to Duty of care
Often reason for duty of care dilemma’s
freedom of movement
John becomes agitated starts yelling and
3 other clients 1,2 and 3 are in the same area
and at likely to be targets for Johns behaviour
whether accidently or on purpose.
Primary responsiblity of carer is to manage
aggressive or threatening behaviour in a
manner that is reasonable and necessary in
the circumstances to ensure safety.
Not to take punitive action (punish) or take
on role of Police or courts
Clients rely on carers to:
realise and ensure many of their rights are upheld
And their dreams/ aspirations are understood
Upholding one person rights may jeopardise
the rights of another.
Duty of care dilemmes are usually the result
of this conflict
Your own values, beliefs and perceptions about
how rights and aspirations should be prioritised
often influence duty of care dilemma’s.
Adults have the right to assumption of
competence unless proven otherwise by the
Role to assist decision making not take it
Compliment where needed
Redirect, encourage John to stop without
impacting on any of his rights.
Redirect or encourage 1,2,3 and to move from
If they are not effective or there is not enough
time before harm may occur:
Respond in a way that impinges on rights of
John OR other clients
Must be reasonable and necessary and must be
chosen as a direct result as a risk to safety.
Need take reasonable action to prevent
Also about managing proactively – this is why
there is a need for behaviour support plans.
Remember your common sense.
Don’t forget to recognise and consider rights
of all involved.
Breaching a persons human or legal rights is a
big deal no matter what the reason.
Weigh up the risks – these will determine
what is necessary.
CLEAR AS MUD....