2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care

This guide will help you answer The RQF Level 3 Diploma in Care 2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care.

In health and social care, you often face situations where an individual’s rights may conflict with your duty of care. It’s essential to manage these risks effectively.

Understanding the Duty of Care

Duty of care means you need to act in the best interests of those you support. It involves keeping them safe, promoting their wellbeing, and preventing harm. However, conflicts and dilemmas often arise.

Understanding Individual Rights

Individual rights include the right to make choices, the right to privacy, the right to be treated with respect, and the right to independence. These rights are protected under UK laws like the Human Rights Act 1998 and the Care Act 2014.

Sources of Conflict or Dilemmas

Conflicts or dilemmas often happen when:

• An individual wants to make a choice that seems unsafe.
• Their behaviour affects others’ safety or wellbeing.
• Their wishes conflict with the care plan or organisational policies.

Risk Assessment and Management

Identify the Risks

First, recognise potential risks. For example, if an individual wants to smoke in a non-designated area, there’s a fire risk. Identifying the risk is the first step in managing it effectively.

Consult with the Individual

Talk to the person about their choices and the risks involved. Use clear, simple language. Explain why their choice might be problematic. Their views are important, so listen carefully.

Balance Rights and Safety

Find a balance between their rights and safety. You might have to compromise. For example, if someone wants more independence but needs support, try to increase their independence gradually.

Involve the Team and Experts

Discuss the dilemma with your team or seek expert advice. Multidisciplinary teams (MDTs) include healthcare professionals from various fields who can offer insights. Legal advice can also be valuable.

Create a Risk Management Plan

Develop a plan that respects the individual’s rights while ensuring safety. For example, if someone with dementia wants to go for a walk alone, assess if it’s safe to let them go while being supervised from a distance.

Legal and Ethical Considerations

Informed Consent

Always seek informed consent. That means the individual understands the risks and benefits of their choices. If they can’t give consent, involve legal guardians or use best interest principles.

Document Everything

Keep detailed records. Document all discussions, risk assessments, decisions, and actions. It provides accountability and helps in case of future disputes.

Practical Examples

Example 1: Medication Refusal

An individual refuses their medication. Explain the importance of the medication and the potential risks of not taking it. Consult with a GP or pharmacist. Document the refusal and your actions. Make a plan that respects their choice but ensures their health isn’t jeopardised.

Example 2: Independent Living

An elderly person wants to live independently but has mobility issues. Conduct a risk assessment of their home environment. Install aids like handrails or stairlifts to reduce risks. Involve occupational therapists for expert advice.

Training and Support

Regular Training

Ensure you and your team have regular training on managing conflicts and dilemmas. Topics should include communication skills, risk assessment, and legal responsibilities.

Supervision and Support

Regular supervision provides a platform for discussing dilemmas and gaining support. Share experiences and learn from each other.

Example answers for unit 2.2 Describe how to manage risks associated with conflicts or dilemmas between an individual’s rights and the duty of care

Example 1: Medication Refusal

In my role, I encountered an elderly client who refused to take her prescribed medication. The medication was essential for managing her chronic condition. To manage this conflict, I first explained to her the importance of the medication and the potential risks associated with not taking it. I ensured that I used simple language she could understand. Despite my explanations, she remained firm in her decision. I then consulted with her GP to seek advice and documented all conversations and actions taken. We developed a plan that involved monitoring her health closely and discussing alternative ways to manage her condition. This approach ensured we respected her decision while still fulfilling our duty of care to manage her health effectively.

Example 2: Smoking in Non-Designated Area

A client in the care home wanted to smoke in his room, which was against the fire safety rules. Balancing his right to smoke with the duty of care for others’ safety was challenging. I first sat down with him to discuss the risks of smoking in a non-designated area, including the potential fire hazard. I explained the care home’s smoking policy clearly and empathetically. We then looked for a balanced solution. I helped him find a safe, designated smoking area that he could access easily, reducing the risk while maintaining his right to smoke. I documented this entire process and ensured other staff members were informed of the arrangement.

Example 3: Independent Living with Mobility Issues

An elderly woman in my care wanted to live more independently in her own home, but she had significant mobility issues. I conducted a comprehensive risk assessment of her home environment to identify potential hazards such as stairs and slippery surfaces. We installed handrails and a stairlift to reduce these risks. I worked closely with an occupational therapist to ensure all necessary adaptations were made. By progressively increasing her independence while ensuring her safety, we respected her right to live independently and maintained our duty of care. All actions and assessments were meticulously documented.

Example 4: Privacy vs. Safety

A young adult client wanted to lock their bedroom door for privacy, but that posed a safety risk, especially in case of emergencies. I understood her need for privacy and discussed the potential risks with her candidly. We compromised by installing a lock that could be opened from the outside in emergencies by staff using a master key. This solution ensured her privacy and maintained her safety. We informed her of the agreed arrangement, and I documented the discussion and the agreed solution for future reference.

Example 5: Behaviour Affecting Others

A client with behavioural issues often disrupted the communal areas, affecting other residents’ well-being. To manage this, I organised a meeting with the team, including the psychologist working with the client. We developed a behaviour management plan that included scheduled activities and timeouts in a quieter space when needed. I spoke to the client to help them understand the impact of their behaviour on others and encouraged them to engage in activities that would help manage their behaviour. This plan helped balance the individual’s rights and the duty to ensure others’ well-being and safety in the care home.

Example 6: End-of-Life Choices

A terminally ill client expressed a wish to refuse life-prolonging treatments, wanting a more natural end to their life. Facing this significant ethical dilemma, I first ensured that he fully understood the implications of his decision. I involved his family and consulted with the healthcare team, including the GP and palliative care specialist. We respected his right to make this deeply personal choice and developed an end-of-life care plan that aligned with his wishes while ensuring he received adequate pain management and emotional support. This sensitive approach balanced his rights and our duty of care and was thoroughly documented in his care plan.

Final Thoughts

Managing risks associated with conflicts or dilemmas between an individual’s rights and your duty of care is a complex but essential task. By identifying risks, consulting with individuals, balancing rights and safety, involving experts, and creating clear plans, you can navigate these challenges effectively.

Always keep legal and ethical considerations in mind and document everything meticulously. Regular training and support further equip you to handle these situations confidently. This approach ensures you respect individuals’ rights while fulfilling your duty of care effectively.