1.1 Explain what is meant by ‘duty of care’ within the context of adult health and social care

This guide will help you answer 1.1 Explain what is meant by ‘duty of care’ within the context of adult health and social care.

Duty of care is a key principle in adult health and social care. It guides workers’ actions every day. Every person receiving care has the right to safe, person-centred support. Duty of care puts this into practice, making sure all actions focus on the well-being, rights and safety of adults using care and support services.

What Duty of Care Means

Duty of care means putting the safety, welfare, and interests of others before anything else. For anyone working in adult health and social care, this is a legal and ethical requirement. You must always act in a way that meets professional standards, avoids harm, and promotes positive outcomes.

This duty is not just a suggestion. If you fail to meet it, harm or suffering can result. The law holds you, your employer, and your organisation responsible.

The Legal and Moral Basis

The Care Act 2014 sets out many rules for adult social care in England. It describes duty of care as a key responsibility for all workers. Laws such as the Health and Safety at Work Act 1974 and the Mental Capacity Act 2005 support this principle further.

Key points from these laws:

• Take all reasonable steps to prevent harm.
• Treat people with dignity and respect.
• Support decisions in line with the law.
• Always work within agreed ways of working set out by your employer.

Fulfilling your duty is also required by codes of conduct set by sector bodies. For care workers, the Code of Conduct for Healthcare Support Workers and Adult Social Care Workers in England lays out specific rules. For instance: Always promote and uphold privacy, dignity, rights, health and well-being.

Key Aspects of Duty of Care

Duty of care covers a wide range of situations and daily tasks. It has several core features, each closely tied to daily work with adults with mental health needs.

Your duty includes:

• Protecting people from harm or risk of harm
• Making sure people are not neglected or abused
• Practising safely and competently to the best of your knowledge and skills
• Following policies, procedures, and best practice
• Reporting concerns urgently and accurately
• Keeping information confidential, where required
• Encouraging well-being and personal choice, while ensuring safety

Let’s look deeper at each aspect.

Protecting from Harm or Risk

All adults have the right to live free from harm. This includes physical, emotional, financial, and sexual abuse. It covers neglect, bullying, and all forms of exploitation.

In practice, you have a duty to look out for signs of harm or risk. This could be:

• Noticing changes in mood, behaviour, or appearance
• Spotting bruises or unexplained injuries
• Hearing someone mention they feel unsafe

If you have any worries, always share them with a senior staff member or manager. Recording your observations clearly and quickly is part of your duty.

Avoiding Neglect or Abuse

Neglect involves failing to provide the basics of care and support. This can cause serious long-term harm. For example:

• Not giving someone food or drink
• Ignoring personal care needs
• Leaving someone in dirty or uncomfortable conditions

Never ignore signs of neglect. Take them seriously and report following your workplace procedures.

Practising Safely and Competently

Duty of care means following best practice in all tasks. Only carry out work you are trained and authorised to do.

If you do not know how to perform a task safely, always ask for guidance. Never guess or take risks that could harm another person.

Competent practice:

• Works within the boundaries of your role
• Seeks training and supervision when needed
• Refuses assignments beyond your skills without proper training

Following Policies and Procedures

Your organisation creates rules to keep everyone safe. These might include:

• Infection control guidelines
• Medication policies
• Health and safety procedures

Ignoring or breaking these rules can place people at risk and break the law. Always check your employer’s policies and ask if you are unsure.

Reporting Concerns

Raising concerns is not only encouraged—it is expected. Duty of care requires you to report:

• Accidents and incidents
• Concerns about abuse, neglect, or poor practice
• Health and safety risks

Use the agreed reporting procedures. If you feel concerns are ignored, you have the right to “whistleblow” to outside organisations, such as the Care Quality Commission (CQC).

Keeping Information Confidential

You protect confidentiality by keeping private information secure. Only share information with those who need to know, and only with permission, unless someone is at risk of harm.

Duty of care balances privacy with safety. If someone is at risk, you must share information with appropriate professionals, even if the person asks you not to.

Encouraging Well-Being and Personal Choice

Duty of care means supporting adults to live the lives they want. You respect choices and preferences, even when they are different from your own.

Mental health conditions can mean that people struggle to make decisions at times. The Mental Capacity Act 2005 says you must always assume someone can make their own decisions unless proven otherwise.

You support people by giving:

• Information in ways they can understand
• Choices about their care and daily lives
• Support to make decisions, using advocates or other help if needed

You still need to keep people safe. If a decision would cause serious harm, you seek advice and follow legal and organisational guidelines.

Practical Examples from Day-to-Day Work

Working with adults with mental health needs often involves balancing safety with choice. Here are a few settings where duty of care applies.

Medication Support

Many adults need help with taking medication. Duty of care:

• Only give medication if trained and authorised
• Check the correct dose and time
• Record that medication has been given, or the reason why not
• Report side effects or missed doses immediately

Personal Care

Tasks like helping someone wash or dress demand dignity and respect.

• Always wait for permission before providing support
• Explain each step in clear, simple language
• Respect privacy by closing doors or curtains
• Give choices wherever possible, such as what clothes to wear

Managing Behaviours That Challenge

Some people may act in ways that are risky to themselves or others. Duty of care here means:

• Knowing personal triggers and using agreed techniques to calm situations
• Never using restraint or restriction without training and valid reason
• Calling for help if you cannot keep someone safe

Record-Keeping

Clear, honest files protect people and staff alike.

• Only record what actually happened—no guesses or opinions
• Use plain, factual language
• Keep records safe and confidential

The Role of Policies and Training

Employers must give training about duty of care. You are expected to follow workplace policies at all times.

Typical policies linked to duty of care include:

• Safeguarding adults at risk
• Complaints and whistleblowing
• Lone working
• Fire safety
• Infection control

Refusing to follow agreed ways of working can put people in danger and result in disciplinary action.

Risk and Choice: Balancing Rights and Safety

Duty of care does not mean stopping all risks. Adults with mental health needs have the right to make choices, even risky ones.

But you must judge each situation. If a person’s wish places them or others in danger, duty of care means you have to act. This might involve:

• Discussing concerns with the person and your manager
• Using risk assessments to weigh up the options
• Suggesting safer alternatives

You must never force decisions. The goal is to work together, giving support while keeping risks as low as possible.

Who Has Duty of Care?

All health and social care staff have this responsibility. From managers and senior nurses to support workers and administrative staff, every action must follow duty of care expectations.

This duty:

• Starts from the first contact with an adult
• Continues for as long as support is provided
• Applies 24 hours a day, every day

Professional Boundaries

A professional boundary is the line between your work role and personal life. Duty of care means never crossing this line, such as by:

• Accepting gifts or money
• Starting friendships or relationships with people you support
• Sharing personal details on social media

Crossing boundaries puts people at risk and can harm your professional reputation.

Why Duty of Care Matters

Duty of care is more than just avoiding punishment. It protects people’s lives, dignity, and rights. It makes work in adult health and social care safer, more respectful, and more trustworthy.

When you follow your duty:

• People feel safe and valued
• Rights are protected
• Risks are managed
• Problems are spotted early and put right quickly
• The trust between staff, people who use services, and families grows stronger

Final Thoughts

Duty of care in adult health and social care is central to everything you do. It means always putting safety, well-being and dignity first. Daily actions help prevent harm, promote independence, and support choice for adults with mental health needs.

By following laws, codes of conduct, and workplace procedures, you meet your duty every day. If unsure, always ask your manager. Duty of care protects those you support, your colleagues, and you as a worker. It is the foundation for high-quality, safe, and compassionate care.