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DUTY OF CARE

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DUTY OF CARE Powered By Docstoc
					The Juggle with Challenging
behaviours
   Part of broader legal concept of negligence

   Common Law

   EXISTS when a persons actions or failure to
    act, could reasonably be expected to affect
    another person.
   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
    unreasonable
 Harm or loss of injury
  ▪ Physical harm, economic loss or psychological trauma
  ▪ Directly attributable to the breach of duty
   Need to be familiar with
     Common sense


     Human and Legal rights of individuals (eg safety)


     Informed Decision Making
   “Reasonable”

   Measured by
   Community standards
   What others like you would do:
     Training
     Qualifications
     Experience
   Human Rights

   Legal Rights

   Both related to Duty of care

   Often reason for duty of care dilemma’s
   freedom of movement

   Physical safety

   Privacy

   Independence

   Self determination
   John becomes agitated starts yelling and
    throwing objects.

   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.
     Eg safety
     Independence
     Health
     Work
     Family
     privacy
   Adults have the right to assumption of
    competence unless proven otherwise by the
    courts.

   Role to assist decision making not take it
    away.

   Compliment where needed
   Do Nothing

   Redirect, encourage John to stop without
    impacting on any of his rights.

   Redirect or encourage 1,2,3 and to move from
    the area.
   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
    foreseeable harm.

   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....

daretoaspire@daretoaspire.com.au

				
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