2.4. State how duty of care applies for children and young people in different settings: • education • care provision • the criminal justice system

This guide will help you answer 2.4. State how duty of care applies for children and young people in different settings: • education • care provision • the criminal justice system.

Duty of care is a legal obligation that requires adherence to a standard of reasonable care while performing acts that could harm others. It applies across various settings when working with children and young people. It ensures their safety and well-being in education, care provision, and the criminal justice system. In this guide, we look at how duty of care translates into each setting.

Education

Teachers and education staff must be vigilant and act with the best interests of their pupils in mind. It’s about fostering a safe, supportive environment where children can learn and grow. Teachers should be trained to identify signs of abuse or neglect and know the procedures to follow if they suspect a child is at risk.

Schools have policies on safeguarding, which every member of staff should understand. These policies guide actions and ensure consistency in dealing with potential issues. Specific responsibilities include:

• Supervising students adequately during school hours.
• Providing first aid if necessary.
• Reporting any safety concerns or suspicions of abuse to designated personnel.
• Creating an inclusive environment where every child feels safe to express themselves.

Care Provision

In care settings, such as residential homes or foster care, duty of care is about ensuring the emotional, physical, and mental well-being of children and young people. Carers must be aware of the needs of those in their care and be prepared to act when issues arise.

Staff in care settings should maintain professional boundaries while building trusting relationships. Key points include:

• Providing a nurturing and positive environment.
• Ensuring access to healthcare and regular medical check-ups.
• Supporting educational and developmental needs, including life skills.
• Being trained in dealing with challenging behaviour safely.

Carers should document incidents and decisions to provide a clear account of how they are meeting their duty of care. This transparency helps if accountability is required.

Criminal Justice System

The criminal justice system deals with young offenders differently, recognising their vulnerability and specific needs. The duty of care here is balancing the rights of the young person with the needs of justice.

Professionals working in this environment must focus on rehabilitation as well as safety. This includes:

• Ensuring young people understand their rights.
• Minimising unnecessary distress during proceedings.
• Providing access to legal representation and advocacy.
• Supporting mental health needs and addressing any underlying issues leading to offending behaviour.

Inter-agency cooperation is often necessary to fulfil duty of care. Guardians, social workers, legal advisors, and justice officials must work together for the young person’s best interest.

Training and Professional Development

Continual learning is essential in all settings. Staff must receive regular training updates on safeguarding protocols, first aid, and communication skills. This training equips them to handle real-life situations in line with their duty of care.

Developing policies and procedures helps provide clarity and consistency. Organisations should regularly revise these documents to reflect changes in legislation or new guidelines.

Effective Communication and Record-Keeping

Effective communication is central to upholding the duty of care. Staff should communicate concerns about a child’s welfare promptly. This proactive approach can prevent escalation.

Record-keeping is also crucial. Documenting incidents and decisions helps organisations defend their actions and learn from experiences. Accurate records support the continuity of care, ensuring no child falls through the cracks.

Promoting Independence and Empowerment

While duty of care requires protection and supervision, it also involves encouraging young people to make their own decisions safely. This balancing act helps them build confidence and resilience.

Professionals need to:

• Encourage self-advocacy, allowing young people to voice their needs.
• Support decision-making, teaching the consequences of choices.
• Provide opportunities for skill-building and confidence-building activities.

This approach ensures young people are not overly shielded, preventing them from developing essential life skills.

Handling Complaints and Concerns

Organisations must have clear procedures for handling complaints related to duty of care. This transparency reassures children, young people, and families that their concerns are taken seriously.

Procedures should include:

• A straightforward, accessible complaints process.
• Timely, empathetic responses to complaints.
• Learning from complaints to improve service delivery and avoid future issues.

Involving Children and Young People in Their Care

Engagement and participation in their care plan are vital. Whenever possible, involve children and young people in decisions affecting them. Respecting their input fosters a sense of autonomy and respect.

Listening to their views and incorporating their preferences in action plans makes them more likely to engage positively with their environment.

Final Thoughts

Duty of care is about vigilance, support, and empowerment. In education, care, or the criminal justice system, ensuring the safety and well-being of young people is a legal and moral obligation. By adhering to clear policies, maintaining effective communication, and fostering independence, we help children and young people navigate their challenges and thrive in their environments. Meeting these obligations safeguards their future and promotes trust in those responsible for their welfare.