2.2 Explain what is meant by a ‘duty of care’

This guide will help you answer 2.2 Explain what is meant by a ‘duty of care’.

Duty of care is a legal and moral obligation to keep individuals safe from harm and to act in their best interests. In the children and young people’s workforce, it means making decisions and taking actions that protect children from risk. It covers both physical safety and emotional wellbeing.

This duty applies to all workers in settings such as schools, nurseries, residential homes, foster care and youth services. It also applies to volunteers when they take on responsibilities for young people.

The principle is that those who work with children must take reasonable steps to prevent harm and must act in ways that promote welfare.

Legal Basis for Duty of Care

Duty of care is recognised under common law and is supported by various Acts of Parliament in the UK. Common law means laws developed through court decisions over time. In this context, if a child suffers harm because a worker failed to act appropriately, it could lead to legal action.

Relevant legislation includes:

The Children Act 1989 and 2004
Health and Safety at Work etc. Act 1974
Working Together to Safeguard Children guidance
Data Protection Act 2018 for confidentiality matters

These laws and regulations provide the framework for safeguarding and welfare. They make sure organisations and individuals know they must take responsibility for the children in their care.

Safeguarding under Duty of Care

Safeguarding means protecting children from abuse, harm or neglect. Duty of care is part of safeguarding. It requires staff to notice signs of harm, take action to stop it and report concerns in line with organisational procedures.

Examples of safeguarding responsibilities under duty of care:

Observing changes in behaviour that could indicate neglect or abuse
Following safeguarding policies when reporting to designated leads
Acting quickly when a child is at risk of harm

Failing to act on safeguarding concerns can lead to serious consequences for the child and legal consequences for the worker.

Practical Actions in Daily Work

Duty of care applies in everyday tasks. It is about anticipating risks, preventing harm and promoting welfare during routine activities.

Daily actions may include:

Checking the safety of equipment before use
Supervising children during play or outings
Making sure food provided is safe and healthy
Keeping medical supplies in secure places
Following correct procedures for administering medication

These actions protect children physically. Duty of care also covers emotional support, such as respecting privacy and treating all children fairly.

Managing Risk

Risk management means identifying potential dangers and taking steps to reduce them. Workers must balance protecting children with allowing them to explore and develop skills.

Examples of managing risk under duty of care:

Carrying out risk assessments before trips or activities
Keeping ratios of staff to children sufficient for supervision
Making sure areas are safe from hazards such as sharp objects or exposed wires
Teaching children safe behaviour in different situations

The aim is to minimise chance of injury while allowing healthy personal growth.

Respecting Individual Needs

Every child is different. Duty of care includes recognising their individual needs and making adjustments if required. This could involve adapting activities for children with disabilities or considering cultural and religious practices in everyday care.

Ways to respect individual needs:

Using language the child understands
Providing dietary options that fit religious rules
Giving extra support to children with learning or physical needs

This approach shows respect and promotes inclusion.

Confidentiality and Duty of Care

Confidentiality means keeping personal information private. Under duty of care, workers must protect children’s personal data and only share it with authorised persons when necessary for their welfare.

Examples include:

Not discussing a child’s case with friends or family
Storing records securely
Following data protection rules when sharing information with other agencies

Sometimes, confidentiality must be broken if keeping information private could put a child at risk. For example, disclosing concerns to social services when abuse is suspected.

Reporting Concerns

Duty of care requires action when a problem is identified. Reporting is key to protecting children. Workers must follow their organisation’s procedure, usually by informing a designated safeguarding lead.

Situations that require reporting:

Suspicions of abuse or neglect
Health concerns that need professional attention
Incidents such as accidents or significant behaviour change

Prompt reporting prevents harm and allows appropriate intervention.

Training and Skills

Being able to meet duty of care responsibilities depends on skills and knowledge. Workers must take part in training provided by their employer. Training covers areas such as safeguarding, first aid, health and safety and behaviour management.

Skills gained through training include:

Recognising signs of abuse or distress
Understanding safe lifting and moving techniques
Managing conflict calmly and positively

Without training, workers may miss important signs or handle situations in ways that put children at risk.

Boundaries in Duty of Care

Boundaries are limits that keep relationships professional and safe. Duty of care involves setting and keeping boundaries. This prevents harm to children and protects the worker from accusations of misconduct.

Examples of boundaries:

Avoiding personal relationships with children outside the work setting
Not accepting gifts that could be seen as favouritism
Keeping communication professional and appropriate

These boundaries help maintain trust and safety.

Accountability

Accountability means being responsible for actions and decisions. Under duty of care, workers are answerable to their employer, the law and professional bodies for how they treat children.

This responsibility includes:

Explaining why decisions were made
Recording incidents accurately
Cooperating with investigations if something goes wrong

Being accountable encourages good practice and transparency.

Balancing Rights and Safety

Children have rights such as privacy, freedom of expression and participation in decisions affecting them. Duty of care requires workers to balance these rights with the need to keep them safe. For example, allowing them to express opinions while making sure the activity or conversation does not put them in danger.

Balancing sometimes involves:

Allowing children to take part in activities that involve managed risk
Respecting privacy while monitoring for safeguarding concerns
Giving access to choices but checking they are safe and age-appropriate

This helps children grow while staying protected.

Consequences of Not Meeting Duty of Care

Failure to meet duty of care can result in harm to the child. It can also have serious effects on the worker’s career, including disciplinary action, loss of registration or even prosecution.

Consequences can include:

Injury or emotional harm to the child
Loss of trust from families and professionals
Formal complaints and investigations
Legal proceedings and potential penalties

Meeting duty of care protects children and protects the worker’s professional reputation.

Examples in Context

In a nursery setting, duty of care could mean checking that play areas are free from hazards, supervising children at all times and following safe guidelines for food preparation.

In a foster care role, duty of care could mean keeping medicines locked away, making sure the home is safe, attending meetings for the child’s plan and offering emotional support.

In a youth work project, duty of care could mean planning activities with proper risk assessments, monitoring group behaviour and handling conflicts in a safe, fair way.

Each setting has specific applications, but the principle remains the same.

Final Thoughts

Duty of care is at the centre of working with children and young people. It is an active responsibility to protect them from harm while supporting their growth and happiness. It applies in every setting and in every interaction.

Taking duty of care seriously means thinking ahead, being proactive and responding quickly when risks appear. By following procedures, respecting children’s rights and putting their safety first, workers help create the best environment for them to thrive.