Duty of Care: Ethical Foundations in Health and Social Services

Duty of Care: Ethical Foundations in Health and Social Services

In health and social care, professionals bear a profound responsibility to safeguard the well-being of those under their care. This duty of care forms the cornerstone of ethical practice, ensuring that service users are treated with dignity, respect, and professionalism at all times. Beyond this primary obligation, care providers must adhere to a set of principles that guide their actions, ranging from safeguarding individuals to delivering the best possible services in line with established policies and guidelines.

Meeting the diverse needs of service users—whether physical, emotional, social, or intellectual—is integral to providing holistic care. Equally, navigating conflicts, dilemmas, and the need for informed consent requires a careful balance of ethical judgement, empathy, and adherence to legal frameworks.

Moreover, fostering a positive feedback culture through a transparent complaints process is essential to improving service quality and maintaining trust. This article explores these critical aspects of care, offering insights into the responsibilities, challenges, and strategies that underpin excellence in health and social care.

Table of Contents

Legal Responsibility

  • The legal obligation to protect service users from harm while you are looking after them is known as a duty of care.
  • Every healthcare provider should act professionally and adhere to the relevant regulations.
  •  When interacting with service users, your professionalism shouldn’t be compromised by personal matters.
Legal Responsibility

 Other Duties and Principles

The other duties and principles you must observe:

  • Best service at all times
  • Safeguarding patients from abuse
  • Professionalism
  • Reporting incidents
  • Core care value base delivery
  • Following policies and guideline

Needs

You must ensure that service users’ needs are met with professionalism and dignity

Basic Needs

Living comfortably requires meeting basic necessities. These ought to be the service user’s first wants satisfied.

It is your responsibility to provide the greatest and safest service possible.

Physical Needs

Food, shelter, water, warmth, and security are examples of physical needs.

Depending on our circumstances and age, we will have different physical needs. A person will need support when they are unable to take charge of their requirements.

Emotional Needs

Being liked or adored by others is a component of emotional needs.

Emotional requirements evolve as we mature, just like physical needs do. During adolescence, a strong emotional connection is frequently the source of fulfilment.

Social Needs

By establishing connections with other people, we are able to satisfy our social demands. We feel accepted and like we belong in these connections.

We experience contentment and a sense of purpose when we feel like we belong. Depression and loneliness may result from the breakdown of these relationships.

Intellectual Needs

Learning and engaging in hobbies are two ways to boost our minds.”

As people get older, they focus more on their intellectual demands, which promotes healthy growth.

Conflicts and Dilemma

Having a different opinion or disagreeing with someone is referred to as conflict. Being in a position where the possible outcomes are equally desirable or undesirable is known as a conundrum.

You must stand up for and support patients’ freedom to make their own health decisions. If they make a decision that poses a danger, there may be a conflict or a problem.

You can only stop them if the choice:

  • Is illegal or criminal
  • Will allow them to harm themselves deliberately
  • May cause harm to others

Patients need to be made aware of and comprehend the ramifications of their decision.

Consent for Care and Treatment

Giving permission to accept care or treatment is known as consent. Each adult is free to decide whether or not to consent. Before receiving therapy or starting the caregiving process, consent must be granted.

 

For consent to be considered legitimate, it must be given voluntarily. Additionally, it must be provided by a capable individual who is giving informed consent.

It is possible to infer consent. Not objecting indicates consent if the treatment has been administered previously.

Consent for Care and Treatment

Valid consent requires three elements:

Capacity

Consent must be able to be given by the patient. This calls for the capacity to evaluate a circumstance and utilise the data to get a conclusion.

Voluntary

Without any pressure, the patient must make the choice.

Informed

All pertinent information, such as the procedures, outcomes, advantages, risks, and alternatives, should be given to the patient.

Ethical Dilemmas and Care Conflicts

  • Conflicts and dilemmas arise when a service user’s desires and best practices diverge. Employees in the ethical field of health and social care are expected to uphold the highest moral standards.
  • Being able to distinguish between good and wrong is necessary for making moral decisions. Because people are diverse, there might not be clear-cut answers—only opposing beliefs, objectives, or values.
  • You should use the information at your disposal to arrive at a logical conclusion in order to make a morally righteous choice. Additionally, you should abide by rules and laws.
  • Patients must be treated as unique persons, their privacy must be respected, and their opinions must be heard. The benefits and hazards should be explained to the patient.
  • Management systems should be used to formally express concerns if a care worker’s failure to follow protocols puts a service user in danger.
  • Codes of Practice might assist you in resolving conflicts. These are meant to ensure that service consumers receive the highest quality of care while also safeguarding their rights.
  • Adhering to the organisation’s policies and codes of conduct is essential for best practices.

Complaints

  • Dissatisfaction with the calibre of a service, activity, or omission is expressed through complaints.
  • Responding to patient feedback, including both positive and negative comments, should be a requirement of providing excellent customer service.
  • Many organisations will have their own policies and complaints procedures that outline how to file a complaint. This system must be known to service users.
  • Employees should handle feedback politely, quickly, and effectively, and they should keep users updated.
  • In order to make the organisation better, all feedback ought to be documented.
  • Positive relationships will be ensured by swiftly responding to service user comments.

Who Gets to Make a Complaint?

Any member of the public can make a complaint, or a representative can do so on their behalf. People who can make complaints include:

  • Residents
  • Family members
  • Health authorities
  • GPs and other professionals
  • Visitors to the home

Complaints can be verbal, made over the phone, or made by email or post. Complaints might be justified/valid or unjustified/invalid.

The Complaints Process

  • Within a certain number of working days following the complaint, the individual who made it should receive a response.
  • The complaint may be forwarded to upper management if the complainant is not happy with the response. The complainant will get a response within ten working days, and this could result in additional investigation.
  • The complainant has a certain amount of time to notify the organisation if they are still unhappy.

Policies in Dealing with Complaints

Confidently

Confidentiality must be maintained when handling complaints. Although complaints can be made anonymously, providing contact information enables the complainant to be updated on the resolution.

Equality Policy
Regardless of the complainant, complaints must be treated impartially and fairly.

Others

Every complaint should receive a fast and effective response. All correspondence must be conducted with deference, and the complainants must be regarded as:

  • Highly important
  • Individuals with names and feelings
  • The focus of the health and social care organisation

It is important to comprehend complaints and find out all of their specifics. You should communicate effectively and be upfront and honest if an explanation is required. Maintaining complaint logs contributes to providing high-quality care.

Policies in Dealing with Complaints

In summary

In conclusion, delivering high-quality health and social care relies on the unwavering commitment of professionals to their duty of care and the principles that underpin ethical practice. By addressing the holistic needs of service users, navigating conflicts and dilemmas with sensitivity, and upholding the principles of consent and safeguarding, care providers can ensure that individuals are treated with respect, dignity, and compassion.

The importance of fostering a transparent and responsive complaints process cannot be overstated. It serves not only as a tool for improving service delivery but also as a foundation for building trust and maintaining positive relationships with service users and their families. Adhering to policies, codes of conduct, and legal obligations reinforces the integrity of care, ensuring that every individual receives safe, respectful, and person-centred support.

Ultimately, excellence in health and social care is achieved through a combination of professionalism, empathy, and a steadfast commitment to continuous improvement. By embracing these principles, care providers can create a supportive environment where service users feel valued, empowered, and safe.

April 10, 2025
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