Discuss and evaluate the importance of balancing a respect for confidentiality with ensuring the protection and wellbeing of users of services: Manage Safeguarding, Protection and Risk in Adult Care Assignment. UK

Task Questions

Please refer to the attached activity guide prior to starting, this will ensure that you provide the right evidence to meet the unit requirements and prevent resubmission.

1) Discuss and evaluate the importance of balancing a respect for confidentiality with ensuring the protection and wellbeing of users of services, when managing safeguarding resources in the setting.

2) Discuss and evaluate sources of funding that are used to construct the safeguarding budget in own area of responsibility.

3) Discuss why everyone in the setting has a responsibility to act on concerns about abuse of children or young people in the setting.

4) Discuss the actions to take if:
• There are concerns that a child or young person is being abused.
• A child or young person alleges that they are being abused.

5) Discuss examples of ‘hidden restraint’.

6) Discuss and evaluate potential situations when restraint may be used as a ‘last resort’ in the setting.

7) Discuss how to apply the regulatory requirements, codes of practice and relevant guidance to managing concerns about safeguarding in the setting.

8) Discuss and evaluate the role of the Local Government Ombudsman in the regulatory process as applied to the setting.

9) Discuss how to use organisational systems to address concerns and complaints effectively in the setting.

10) Discuss and evaluate own practice in promoting a balanced approach to managing risk in the setting.

11) Discuss and evaluate the effectiveness of the policies and procedures used for risk taking in the setting.

12) Discuss and evaluate the potential effectiveness of available support for assessing mental capacity and ability to give consent in the setting.

13) Discuss and evaluate the key factors of the Mental Capacity Act 2005 Deprivation of Liberty Safeguards that are relevant in the setting, in terms of supporting teams in making appropriate decisions.

14) Analyse the role of advocacy under the Mental Capacity Act 2005 in the setting.

1) Discuss and evaluate the importance of balancing a respect for confidentiality with ensuring the protection and wellbeing of users of services, when managing safeguarding resources in the setting.
Assignment Guide

Use the following example and tips to help you complete this discussion.

Question 1:

• Ensuring all policies in place and procedures comply with legislation and guidance; Caldicott Principles; Human Rights Act; Data Protection legislation.
• Breach of confidentiality – acceptable where it is in interests of public safety to disclose information.
• Where possible seeking consent to share information; considering the person’s mental capacity to consent to information being shared.

Question 2:

You could include:
Budgeting.
• Free or funded training.
• Staff development (as part of current role).
Discuss source of funding to:
• Training staff.
• Employ safeguarding lead.

Question 3:

You could include:
• The protection and safety of all.
• Recognising signs.
• Compliance with regulations.
• Company reputation.

Question 4:

You could include:
• Remaining calm.
• Recording reported suspicions or allegation.
• Speaking to the individual and asking how the injury occurred (physical abuse)
• Speaking to the individual to ascertain reasons for changes in behaviour or other signs of emotional abuse
• Assuring the individual that disclosure will not result in repercussions for them.
• Interviewing members of staff involved and suspending from employment, pending investigations.
• If proven, informing relevant authorities and dismissing employee.

Question 5:

Examples could include:
• Tucking in blanket.
• Trolley table used to keep someone in a chair.
• Reclining chairs.
• Withdrawal from outings.

Question 6:

Restraint is always the last resort. The service user must be assessed, with extreme circumstance risk assessments being part of their plan:
You could include:
• Behaviour that places the user of services at risk of serious harm.
• Behaviour that endangers other users of services.
• Behaviour that endangers staff or volunteers.

Question 7:

You should discuss your compliance with:
• Mental Capacity Act 2005.
• Deprivation of Liberty safeguards 2014.
• Health and Safety at work Act 1974.
• Human Rights Act 1998.
• Skills Council guidance on restrictive practice.

Question 8:

Use this link to help you research this:
https://www.lgo.org.uk/adult-social-care/complaints-about-health-and-social-care

Question 9:

You should include:
• Records of incidents.
• Prompt responses in accordance with policy and procedure
• Audit processes
• Accessible complaints procedure
• Recognition of factors that would prevent individuals from reporting concerns or complaints, e.g. fear of retribution
• Reporting concerns: staff meetings, residents’ meetings, open forums, anonymous feedback, unannounced regulatory inspections
• Improved practice based on responses to concerns and complaints.

Question 10:

This question is about you.
However, you could include:
Positive risk assessments for all users of services.
• Discussing choices with users of services and family members.
• Use of advocacy to support users of services in making appropriate choices.
• Staff training on managing risks rather than avoiding risk.
• Potential effects on other users of services, including available resources, staff time.
• Recognition of ethical dilemmas, including potential risk of reduced overall health and wellbeing versus increased quality of life.
• Use of cost-benefit analysis techniques.Question 11:

This question is about your organisational policies and procedures.

Question 12:

People, organisations, and guidance that offer additional support, could include:
• GP.
• Families.
• District Nurses.
• CPN.
• Care Quality Commission Standards and Regulations 2010.
• Local branch of Care Quality Commission.
• Information from relevant charities, including Mind, Sane.
• Care Act 2014.
• Deprivation of Liberty Safeguards Code of Practice 2008.
• Court of Protection case law.

Question 13:

The key facts could include:
• Best interests of the user of services.
• Least restrictive intervention.
• Balance of right to self-determination with the safety of the user of services.
• Right to advocacy of the user of services.
• Links between consent, risk management and safeguarding.

At the time of writing this we are still waiting for the new version of the MCA to become active. Please check the situation when answering this question.

Question 14:

You could include:
• Establishing the preferred method of communication of the referred user of services.
• Meeting with the referred user of services and using a variety of methods, as appropriate, to ascertain their views.
• Consulting with staff, professionals, and anyone else who knows the user of services well, and who is involved in delivering care, support, and treatment
• Gathering any relevant written documents and other information.
• Attending meetings to represent the user of services, raising issues and questions as appropriate
• . • Presenting information to decision-maker verbally and via a written report
• . • Remaining involved until decision has been made and being aware that the proposed action has been taken.
• Auditing the best interests-decision-making process.
• Challenging the decision, if necessary.

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