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Old 10-16-2011, 03:01 PM
evergreenpetal evergreenpetal is offline
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Help SOS Conflicts and dilemmas - duty to care

055 2.1 2.2

Please can I have some help regarding these questions!

2.1 descrbe the potential conflicts/dilemmas that may arise with a duty of care in a child/young people's setting?

2.2 describe how to manage risk associate with a duty if care in a child/young people's setting?

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Old 10-17-2011, 05:44 PM
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Ruthierhyme Ruthierhyme is offline
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Hi, one definition for duty of care is from wikipedia:
a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
This thread contains a link and information that will help - what is duty of care?, from YAPPA Australia and understanding the welfare requirements pdf

Conflicts and dilemas arise when children's rights - eg. to play, to be protected, parents and families rights, risk, risk assessment, risk elimination or minimisation, safeguarding, professional practice, training, knowledge, understanding, confidentiality, observational practice, information sharing, own & others behaviour collide with each other ..

Links for more information
Sharing information: What to do if you're concerned a child is being abused - education.gov.uk, page 23 of England's early years framework details information & complaint requirements. Conflict & dilemma may arise over when, if, why, how.

Supporting whistle blowing and procedures to disclose concerns within the setting/organisation. Conflict & dilemma may be experienced over when, if, why, how, possible outcomes.

Respecting the rights of children, parents & families: the children's act of 1998 sets out parent's rights through their responsibility - parental responsibility.
Children's rights eg. to play and to privacy - the UNCRC
The recommendation that children access risk in play - heights, jumping, tools that could be viewed as dangerous/carry risk - 5 steps to risk assessment from the HSE and managing risk in play from PlayEngland

A need for and an awareness of hygiene, food + storage, cooking, serving, medications, conditions, treatments, cross contamination, infection and the impact of this on children's developing or compromised immune system / how a setting & professional practice safeguards children's health, well-being & physical development - illness spotty book, hand washing, food preferences, nose blowing, toileting, nappy changing, hair care, oral & skin care.

The setting's expectations for getting along together - behaviour, rules & boundaries.

Planning, meetings and discussions that enables a duty of care to be the foundation of practice - activities, fire drills, furniture positioning, outdoor risk, policies and procedures ..

Observing children's development and noticing indicator's that may mean progress in not occuring as you would broadly expect.

Observing and assessing children's development in order to act on information and implement support where needed in partnership with parents and other professionals.

Two possible examples of conflict and duty of care ..
A child slips from the lower rung of a climbing frame.
The next day the child's parent expresses concern and asks if the frame can be put away/or if the child can be asked not to use it/has been told not to use it - incident evaluation asks why the child slipped, supervision, age & stage of development, if there is a medical reason involved - existing or new that temporarily prevents them from taking part, examining if the child is now fearful of the frame, is keen or cautious of getting back on.

Conflict would be parental request clashing with professional practice and knowledge of why physical play, acceptable risk and use of approved equipment is beneficial to children's learning & development.
Dilemma is that putting the climbing frame away would satisfy the parent's concern and other activities could fill the gap but examine to see if that's an appropriate course of action and response to the situation.

or maybe

A child's sight or hearing appears to cause difficulties with communication &/or participation, a parent/carer/family disagrees. Conflict is opposing opinion, dilemma is how to proceed in partnership that supports the child's health & well-being - vision & hearing tests and child health surveillance, healthy child programme & the red book

Duty of care extends to many areas - employers, animals and the equality act 2010 supports & addresses issues of discrimination.

Hth xx

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