In Association With Learning work book to contribute to the achievement of the underpinning knowledge for unit: LD 305 Understand Positive Risk Taking for Individuals with Disabilities Credit value 3 All rights reserved, no parts of this publication may be reproduced, copied, stored or transmitted without the prior permission of The Learning Company Ltd Version 1- 01/10/10 © The Learning Company Ltd Learner’s Name: Learner’s Signature: (Please sign inside the box) Employer’s Name: Employer’s Address: Start Date: Anticipated End Date: College Provider: Learner’s Enrolment Number: Mentor’s Name: Assessor’s Name: Internal Verifier’s Name: I V’s Sampling Date: QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 2 © The Learning Company Ltd INTRODUCTION This workbook provides the learning you need to help you to achieve a unit towards your qualification. Your qualification on the Qualification and Credit Framework (QCF) is made up of units, each with their own credit value; some units might be worth 3 credits, some might have 6 credits, and so on. Each credit represents 10 hours of learning and so gives you an idea of how long the unit will take to achieve. Qualification rules state how many credits you need to achieve and at what levels, but your assessor or tutor will help you with this. Awarding Organisation rules state that you need to gather evidence from a range of sources. This means that, in addition to completing this workbook, you should also find other ways to gather evidence for your tutor/assessor such as observed activity; again, your assessor will help you to plan this. To pass your qualification, you need to achieve all of the learning outcomes and/or performance criteria for each unit. Your qualification may contain essential units and optional units. You’ll need to complete a certain amount of units with the correct credit value to achieve your qualification. Your tutor/assessor can talk to you more about this if you’re worried and they’ll let you know how you’re doing as you progress. This workbook has been provided to your learning provider under licence by The Learning Company Ltd; your training provider is responsible for assessing this qualification. Both your provider and your Awarding Organisation are then responsible for validating it. THE STUDY PROGRAMME This unit is designed for individuals who are working in or wish to pursue a career in their chosen sector. It will provide a valuable, detailed and informative insight into that sector and is an interesting and enjoyable way to learn. Your study programme will increase your knowledge, understanding and abilities in your industry and help you to become more confident, by underpinning any practical experience you may have with sound theoretical knowledge. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 3 © The Learning Company Ltd WHERE TO STUDY The best way to complete this workbook is on your computer. That way you can type in your responses to each activity and go back and change it if you want to. Remember, you can study at home, work, your local library or wherever you have access to the internet. You can also print out this workbook and read through it in paper form if you prefer. If you choose to do this, you’ll have to type up your answers onto the version saved on your computer before you send it to your tutor/assessor (or handwrite them and post the pages). WHEN TO STUDY It’s best to study when you know you have time to yourself. Your tutor/assessor will help you to set some realistic targets for you to finish each unit, so you don’t have to worry about rushing anything. Your tutor/assessor will also let you know when they’ll next be visiting or assessing you. It’s really important that you stick to the deadlines you’ve agreed so that you can achieve your qualification on time. HOW TO STUDY Your tutor/assessor will agree with you the order for the workbooks to be completed; this should match up with the other assessments you are having. Your tutor/assessor will discuss each workbook with you before you start working on it, they will explain the book’s content and how they will assess your workbook once you have completed it. Your Assessor will also advise you of the sort of evidence they will be expecting from you and how this will map to the knowledge and understanding of your chosen qualification. You may also have a mentor appointed to you. This will normally be a line manager who can support you in your tutor/assessor’s absence; they will also confirm and sign off your evidence. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 4 © The Learning Company Ltd You should be happy that you have enough information, advice and guidance from your tutor/assessor before beginning a workbook. If you are experienced within your job and familiar with the qualification process, your tutor/assessor may agree that you can attempt workbooks without the detailed information, advice and guidance. THE UNITS We’ll start by introducing the unit and clearly explaining the learning outcomes you’ll have achieved by the end of the unit. There is a learner details page at the front of each workbook. Please ensure you fill all of the details in as this will help when your workbooks go through the verification process and ensure that they are returned to you safely. If you do not have all of the information, e.g. your learner number, ask your tutor/assessor. To begin with, just read through the workbook. You’ll come across different activities for you to try. These activities won’t count towards your qualification but they’ll help you to check your learning. You’ll also see small sections of text called “did you know?” These are short, interesting facts to keep you interested and to help you enjoy the workbook and your learning. At the end of this workbook you’ll find a section called ‘assessments’. This section is for you to fill in so that you can prove you’ve got the knowledge and evidence for your chosen qualification. They’re designed to assess your learning, knowledge and understanding of the unit and will prove that you can complete all of the learning outcomes. Each Unit should take you about 3 to 4 hours to complete, although some will take longer than others. The important thing is that you understand, learn and work at your own pace. YOU WILL RECEIVE HELP AND SUPPORT If you find that you need a bit of help and guidance with your learning, then please get in touch with your tutor/assessor. If you know anyone else doing the same programme as you, then you might find it very useful to talk to them too. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 5 © The Learning Company Ltd Certification When you complete your workbook, your tutor/assessor will check your work. They will then sign off each unit before you move on to the next one. When you’ve completed all of the required workbooks and associated evidence for each unit, your assessor will submit your work to the Internal Verifier for validation. If it is validated, your training provider will then apply for your certificate. Your centre will send your certificate to you when they receive it from your awarding organisation. Your tutor/assessor will be able to tell you how long this might take. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 6 © The Learning Company Ltd Unit LD 305: Understand positive risk taking for individuals with disabilities About this unit This unit promotes a positive, person-centred approach to risk taking for individuals with disabilities and emphasises the importance of working in partnership to support individuals to take risks. It provides the opportunity to reflect on difficulties and dilemmas commonly encountered when addressing issues of risk, in the context of the legal and policy frameworks. Learning outcomes There are five learning outcomes to this unit. The learner will be able to 1. Understand that individuals with disabilities have the same right as everyone else to take risks 2. Understand the importance of a positive, person-centred approach to risk assessment 3. Understand the legal and policy framework underpinning an individual with disabilities right to make decisions and take risks 4. Understand the importance of considering with an individual with disabilities the risks associated with the choices they make 5. Understand the importance of a partnership approach to risk taking What is risk? The experience of many people who have to rely on human services for their support is that risk is the reason given to them by services why they cannot do the things that other people are doing every day. Risk is sometimes used as a verb: a person ‘risks’ doing something, and sometimes a noun: a person is labelled as being a ‘risk to society’. Risk decision making is often complicated by the fact that the person or group taking the decision is not always the person or group affected by the risk. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 7 © The Learning Company Ltd Risk is the probability that an event will occur with beneficial or harmful outcomes for a particular person or others with whom they come into contact. An event can occur because of: Risks associated with impairment or disability such as falls Accidents, for example, whilst out in the community or at a social care service Risks associated with everyday activities that might be increased by a person’s impairment or disability The use of medication The misuse of drugs or alcohol Behaviours resulting in injury, neglect, exploitation by self or others Suicide or self-harm Aggression and violence abuse, and The type of event depends on the nature of the person, their relationships with others and the circumstances they find themselves in. Risk is often thought of in terms of danger, loss, threat, damage or injury. But as well as potentially negative characteristics, risk-taking can have positive benefits for individuals and their communities. The difference for many people with learning disabilities when they take risks is that they will do so when being supported by personal assistants or a support worker from a statutory service or an independent agency. Also, there will be times when a person might take risks on their own, but a statutory service might be held responsible if harm to them or others occurs. A balance therefore has to be achieved between the desire of person to do everyday activities, the duty of care owed by services and employers to their workers, the duty of care owed to users of services, and the legal duties of statutory and community services and independent providers. As well as considering the dangers associated with risk, the potential benefits of risk-taking have to be identified (‘nothing ventured, nothing gained’). This should involve everyone affected – adults who use services, their families and practitioners. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 8 © The Learning Company Ltd Differences in power and status affect the extent to which people influence risk decision making – the views of developers wishing to build a dam across a river may well be given more weight than those of people living nearby that river. Where a person with less power and status might wish to take a risk, and the consequences of that risk would affect more powerful people, it is more likely that they will be prevented from taking it. This is the problem faced by people supported by services and professionals, where those services and professionals fear various real and imagined consequences to them of the risk taking of the people they support. What is risk taking? For many people risk is an accepted part of life. But people with learning disabilities and older people are often discouraged from taking risks. Either because of their perceived limitations or fear that they or others might be harmed, resulting in criticism or compensation claims against health, social care and other community based services. Changes in disability, social care and health policy now mean that people are being actively encouraged to increase their independence by, for example, travelling independently, and by being fully involved in mainstream society through education, work and leisure. For people with disabilities, moves away from a medical model to a social model of disability now means there is an emphasis on the discrimination and exclusion created by social and cultural barriers. This contrasts with a prior emphasis on the problems resulting from people’s impaired bodies or minds or learning ability. At various times those working in health and social care can be faced with a legal requirement, such as organisations have a duty of care, whilst at another point they are told they have to empower people with learning disabilities and to also afford them the dignity of risk. Whilst such concepts do not necessarily have to be in conflict there can be confusion and tension about how to approach either, especially when considering their meeting. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 9 © The Learning Company Ltd Times have changed, different philosophies of care and changing public attitudes have rightly brought about the potential for a better and more inclusive lifestyle for individuals with a learning disability than they would have experienced just a couple of generations ago. At the same time we are also faced with changes regarding over-bureaucratisation of care and an emerging blame culture, arising from an increasingly litigious society. The worst thing for staff and services supporting individuals with a learning disability would be to see the scenario as a potential minefield not willingly entered. With sound policies and appropriate safeguards, individuals with a learning disability can be supported to embrace reasonable and responsible risk taking. Every opportunity contains risks – a life without risk is a life without opportunities, often without quality and without change. Traditional methods of risk assessment are full of charts and scoring systems, but the person, their objectives, dreams and life seem to get lost somewhere in the pages of tick boxes and statistics. A person centred approach seeks to focus on people's rights to have the lifestyle that they chose, including the right to make 'bad' decisions. The approach described here uses person centred thinking tools, to help people and those who care about them most think in a positive and productive way about how to ensure that they can achieve the changes they want to see while keeping the issue of risk in its place. This in essence is a process to gather, in partnership with the person, the fullest information and evidence to demonstrate that we have thought deeply about all the issues involved. Decisions are then guided by what is important to the person, what is needed to keep them healthy and safe and on what the law says. Person Centred Approaches, with their focus on the person and strategy of building an alliance of supporters around the person can often cut across this entrenchment and generate new and creative ways forward, providing that services are prepared to face this challenge. This is now being recognised by government departments, the Department of Health publication ‘Independence Choice and Risk’ wholeheartedly commends person centred approaches for everyone because they identify what is important to a person from his or her own perspective and find appropriate solutions. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 10 © The Learning Company Ltd Regulators too want to see the balance of risk decision making shifting toward supporting individuals who choose to take informed risks in order to improve the quality of their lives. For some services, approaches to risk have in the past been concerned with avoiding potentially harmful situations to adults who use services and staff. Now to support people to travel independently or take part in everyday activities means accepting there are risks that cannot be avoided but can be minimised and prepared for. DID YOU KNOW? The longest word in the English language according to the Oxford English Dictionary is Pneumonoultramicroscopicsilicovolcanoconiosis. The only other word with the same amount of letters is Pneumonoultramicroscopicsilicovolcanoconioses, its plural. ACTIVITY ONE Circle the words or phrases you would associate with risk taking Harm Egypt Approach Israel Changes Situations Independence Morocco Culture What is positive risk-taking? Positive risk-taking is: weighing up the potential benefits and harms of exercising one choice of action over another. Identifying the potential risks involved, and developing plans and actions that reflect the positive potentials and stated priorities of the service user. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 11 © The Learning Company Ltd It involves using available resources and support to achieve the desired outcomes, and to minimise the potential harmful outcomes. It is not negligent ignorance of the potential risks it is usually a very carefully thought out strategy for managing a specific situation or set of circumstances. For services, this means: Being empowering Working in partnership with adults who use services, family carers and advocates Developing an understanding of the responsibilities of each party Helping people to access opportunities and take worthwhile chances Developing trusting working relationships Helping adults who use services to learn from their experiences Understanding the consequences of different actions Making decisions based on all the choices available and accurate information Being positive about potential risks Understanding a person’s strengths Knowing what has worked or not in the past where problems have arisen, understanding why Ensuring support and advocacy is available to disabled adults and older people, particularly if things begin to go wrong for someone Sometimes tolerating short-term risks for long-term gains Through regular reviews gradually withdrawing inappropriate services that create dependency Having an understanding of the different perspectives of people, family carers, practitioners, advocates and services Developing person-centred and transition planning for adults to support their involvement and that of their families in decision-making alongside practitioners Ensuring staff use the guidance, procedures and risk assessment / management tools adopted by their service, and receive appropriate support and supervision from their immediate line manager QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 12 © The Learning Company Ltd Information Sharing Information gathering and sharing is important. It is not just an essential part of risk assessment and management, but also key to identifying a risk in the first place. However, the use and sharing of information must respect the principles outlined in the Data Protection Act 1998. When collecting new data or information, it is important to tell the person or family affected the purpose of the data collection, why information gathering is necessary and whom it will be shared with. Numerous methods can be used to gather information: Access to past records Self-reports during assessment or reviews Reports from significant others eg. carers, relatives or friends, other team members / other teams, advocates, other statutory or voluntary agencies or the police, probation services or courts, or external companies providing services. Observing discrepancies between verbal and non-verbal cues Rating scales or other actuarial methods Clinical judgement based on evidence based practice Predictive indicators derived from research Because decisions may need to be defended, during the identification, assessment and management of risk, practitioners must ensure that information shared or gathered is properly recorded to be able to evidence the: Formulation of a logical, informed opinion as to the severity of risk. Organisation of discussions with the adult, their family and any health, social care, advocacy or independent sector professional involved. Inclusion of the person and their family in decision-making. Identification of conflicting opinions and interests. Clarification of lines of accountability. Justification of actions. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 13 © The Learning Company Ltd Risk identification Identification of a risk should involve a balanced approach, which looks at what is and is not an acceptable risk. It should be a view based on a person’s aspirations that aims to support them to get the best out of life. The views of adults who use services and their families are equally as important as those of practitioners. Not every situation or activity will entail a risk that needs to be assessed or managed. The risk may be minimal and no greater for the person concerned than it would be for any other ordinary person. For example, if a person with learning disabilities living in residential care is used to travelling independently, taking a train trip to London where family meets them at Kings Cross might not necessarily entail a risk that needs to be assessed or managed. Or a disabled parent and their children might be facing the same risks as those faced by any other family; therefore the involvement of workers might be inappropriate or even discriminatory. Risk Assessment Risk assessment is the activity of collecting information through observation, communication and investigation. It is an ongoing process that involves considerable persistence and skill to assemble and manage relevant information in ways that become meaningful for the users of services (and significant other people) as well as the practitioners involved in delivering services and support. To be effective it needs people, their families, carers, advocates and practitioners to interact and talk to each other about decisions that have been taken and their appropriateness in the light of experience. Each assessment should identify a review date and include the signatures of everyone involved in the assessment. If anyone involved in the care plan or the provision of support does not agree with the assessment, they should be asked to document their concerns and reasons. The influence of historical information in any assessment should be concerned with understanding what happened if risk-taking resulted in harm rather than the stigma of the events themselves. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 14 © The Learning Company Ltd Where a risk assessment is needed, a decision then has to be taken about whether or not positive risk-taking is necessary to achieve certain outcomes for the person concerned. It will not always be appropriate to take positive risks but this has to be determined in partnership with the person affected, and their family where appropriate. It is a professional judgement that should not be influenced by an overly cautious approach to risk. At the same time though, positive risk-taking is not negligent ignorance of the potential risks – nobody benefits from allowing risks to play their course through to disaster. During risk assessment, the following should be considered: People should not simply be seen as the source of risk – their view of risk and that of their families and carers have a prominent place in the identification, assessment and management of risk. When gathering information from adults, or family carers, workers need to emphasise the importance of information that is both accurate and identifies any concerns or issues that may increase the probability of an event occurring. There should be a focus on a person’s strengths to give a positive base from which to develop plans that will support positive risk-taking. Consider the strengths and abilities of the adult, their wider social and family networks, and the diverse support and advocacy services available to them. A person-centred approach should be used to identify, assess and manage risk. This depends on the willingness of practitioners to work in this way and for some may present a challenge to traditional ways of working. ‘Positive risk-taking’ may sometimes need to distinguish between the short-term, and longterm position. Short-term heightened risk may need to be tolerated and managed for longer-term positive gains. Taking risks can give people confidence and enables them to manage their involvement in community activities better. An assessment needs to be clear if it is to protect the individual or others. Every individual or agency directly affected should be involved in the development of a positive risk management plan that agrees on the approach to risk and how identified risks will be supported. Consensus helps to support positive risk-taking and promotes a person-centred response. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 15 © The Learning Company Ltd DID YOU KNOW? The reason firehouses have circular stairways is from the days of yore when the engines were pulled by horses. The horses were stabled on the ground floor and figured out how to walk up straight staircases. ACTIVITY TWO Circle the words or phrases you would associate with risk assessment Whale Approach Manage Strengths Dolphin Protect Positives Advocacy Shark Risk Management Risk management is the activity of exercising a duty of care where risks (positive and negative) are identified. It entails a broad range of responses that are often linked closely to the wider process of care planning. The activities may involve preventative, responsive and supportive measures to reduce the potential negative consequences of risk and to promote the potential benefits of taking appropriate risks. These will occasionally involve more restrictive measures and crisis responses where the identified risks have an increased potential for harmful outcomes. Decisions though need to be negotiated and agreed between all parties, and clearly understood. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 16 © The Learning Company Ltd When carrying out risk management, the following must be considered: Decision making in relation to risk must be clearly evidenced on relevant documentation. High quality supervision and support are essential to provide an opportunity to discuss concerns and refine ideas, as well as review the progress of the implementation of risk assessments. Managers / supervisors need to recognise that there is joint accountability / ownership for risk decisions. Practitioners need to know that support is available if things begin to go wrong. Risk-taking is further enhanced by limiting the duration of the decision i.e. working to shorter timescales and with smaller goals broken down. This is supported by having mechanisms in place to check on progress; and an ability to quickly change previous decisions when needed, including intervening in a more restrictive way where necessary. Risk management should become part of a practitioner’s ongoing work with an adult and events should be reflected in people’s case notes where appropriate. Individual practitioners can reasonably be expected to accept responsibility for the professional standards of conduct set out by their professional body. But it is the collective responsibility of the team to share information, make decisions and plan. Issues of confidentiality need to be considered by practitioners, officers and their managers / supervisors to ensure client and public safety. This approach supports the recognition of an individual’s right to make informed decisions about the care or support they receive. It recognises the concept of empowerment when working with vulnerable people. The rights of adult users of services and family carers to make decisions are acknowledged. In certain circumstances these can be overruled, particularly when the individual is regarded as lacking in ‘mental capacity’ in relation to a specific decision. Where someone lacks mental capacity, anything done for or on their behalf must be in their ‘best interests’. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 17 © The Learning Company Ltd Where this happens, practitioners should refer to guidance on best practice in dealing with decision-making and incapacity, and on the principle of best interests of the person who lacks capacity. The assessment and management of risk should be, as far as possible, a multi-disciplinary exercise. Positive risk-taking needs to be underpinned by contingency planning for the fears and possibilities of failure. This will help to prevent some harmful outcomes, and minimise others. Risktaking should be pursued in a context of promoting opportunities and safety not negligence. Therefore, adult users of services, their families and practitioners should be encouraged to learn to think about ‘what ifs’ and contingencies as part of their day-to-day thinking. Where people are behaving recklessly, risk management may include the setting of explicit boundaries to contain situations that are developing into potentially dangerous circumstances for all involved. If a person or their carer makes a decision to continue behaviour that is reckless, a record should be made of their decision and when it was taken. If workers are affected by this decision, any support service being provided will be reviewed to ensure that how it is delivered guarantees the safety of any worker involved. Positive risk-taking should be ingrained into the working culture and be reflected in the content of team training. It is not a one-off experiment, but the natural first line of thinking. DID YOU KNOW? The first known contraceptive was crocodile dung, used by Egyptians in 2000 B.C. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 18 © The Learning Company Ltd ACTIVITY THREE Circle the words or phrases you would associate with risk management Sandal Working Team Training Flip-flop Culture Assessment Guidance Plimsoll Person-Centred Planning An approach based on the principles of rights, independence, choice and inclusion used to help disabled people work out what they want to do with their lives, and then determine how services and support in the wider community can fit the needs of the individual so that they are supported to achieve their aspirations. It is accepted that both an individual’s priorities and aspirations, and the services they need to fulfil these can and will change. As such, planning is a continual process. Person Centred Planning is a way of helping people to think about what they want now and in the future. It is about supporting people to plan their lives, work towards their goals and get the right support. It is a collection of tools and approaches based upon a set of shared values that can be used to plan with a person - not for them. Planning should build the person's circle of support and involve all the people who are important in that person's life. Person Centred Planning is built on the values of inclusion and looks at what support a person needs to be included and involved in their community. Person centred approaches offer an alternative to traditional types of planning which are based upon the medical model of disability and which are set up to assess need, allocate services and make decisions for people. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 19 © The Learning Company Ltd The key features of person-centred planning are: The person is at the centre and is in control Family members and friends are full partners. Planning reflects a person’s capacities, what is important to them, and identifies the support they need to be full citizens. Planning builds a shared commitment to action that uphold a person’s rights. Planning leads to continual listening, learning and action and helps a person get what they want from life. Medical Model of Disability An approach to disability that says disabled people (because of their impairment/s, mental health or learning disability) are unable to do everyday activities that non-disabled people can take for granted. The consequence of this approach is the emphasis placed on the individual’s ability to adapt to the world around them or the need for people to limit their expectations and ambitions. Social Model of Disability An approach to disability that says the disadvantage and inequalities experienced by people with disabilities are not caused by their impaired body, mind or learning ability but by the society in which they live. The way in which buildings and transport are designed or education, hospitals, councils and government are run or how people think about disability can create barriers and lead to discrimination, exclusion and prejudice if deaf and disabled people’s needs are ignored. The consequence of this approach is the emphasis on the need to remove physical barriers to buildings and wider society, change attitudes and expectations, and use the law to stop disability discrimination. Legislation and Legal Principles When approaching the identification, assessment and management of risk, a knowledge of key legal principles and legislation will help practitioners to make informed decisions that promote both the involvement and interests of disabled adults and older people, and their families. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 20 © The Learning Company Ltd It will also support and promote best practice for professional staff involved in supporting positive-risk-taking. An understanding of the following legislation and legal principles is important. Human Rights These are rights and freedom to which every human being is entitled. The Human Rights Act 1998 brought the European Convention on Human Rights into domestic law for the whole of the UK on 2 October 2000. The Act: Makes it clear that as far as possible United Kingdom courts should interpret the law in a way that is compatible with Convention rights. Places an obligation on public authorities, including local authorities, to act compatibly with Convention rights, ie workers need to be aware of the human rights of those adults to whom they provide support. Gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be. Of the 13 Convention rights included in the Act, the following are of particular concern to workers who work with adults and older people: the right to liberty and security; the right to respect for private and family life; the freedom of thought, conscience and religion; the right to freedom of expression; the right to marry and found a family; and the prohibition on discrimination. Mental Capacity The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 21 © The Learning Company Ltd The whole Act is underpinned by 5 key legal principles: A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise; The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions; That individuals must retain the right to make what might be seen as eccentric or unwise decisions; Best interests – anything done for or on behalf of people without capacity must be in their best interests; and Least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms. Duty of Care This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person's actions do not meet this standard of care, then the acts may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Professional workers owe a specific duty of care to the people they work with. The standard of conduct and behaviour expected of people in their professional role is higher than for an ordinary person because of the professional training they have received and the level of responsibility they assume. Negligence Negligence is carelessness amounting to the culpable breach of a duty, ie failure to do something that a reasonable person (ie an average citizen in that same situation) would do, or doing something that a reasonable person would not do. In cases of professional negligence, involving someone with a special skill, that person is expected to show the skill of an average member of his or her profession. QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 22 © The Learning Company Ltd Safety at Work Every employer has a common-law duty to take reasonable care for their employees’ health, safety, and welfare at work, and must insure against their liability for employees’ injuries and diseases sustained or contracted at work. The Health and Safety at Work Act 1974 further requires employers to ensure, as far as is reasonably practicable, that their working methods, equipment, premises, and environment are safe and to give such training, information, and supervision that will ensure their employees' health and safety. Employees also have a duty to take reasonable care for their own health and safety, for example by complying with safety regulations and using protective equipment supplied to them. UNIT LD 305: SIGN-OFF Assessor’s Name: _________________________________ Assessor’s Signature:_________________________Date:___________ Learner’s Name: __________________________________ Learner’s Signature:_________________Date:___________ Mentor’s Name: ________________________________ Mentor’s Signature: _________________Date:___________ QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 23 © The Learning Company Ltd UNIT LD 305: ASSESSMENT ASSESSMENT ONE Explain ways in which risk is an integral part of everyday life ASSESSMENT TWO Explain why, traditionally, people with disabilities have been discouraged or prevented from taking risks QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 24 © The Learning Company Ltd ASSESSMENT THREE Describe the links between risk-taking and responsibility, empowerment and social inclusion ASSESSMENT FOUR Explain the process of developing a positive person-centred approach to risk assessment QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 25 © The Learning Company Ltd ASSESSMENT FIVE Explain how to apply the principles and methods of a personcentred approach to each of the different stages of the process of risk assessment ASSESSMENT SIX Explain how a service focused approach to risk assessment would differ from a person-centred approach QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 26 © The Learning Company Ltd ASSESSMENT SEVEN Identify the consequences for the individual of a service focused approach to risk-assessment ASSESSMENT EIGHT Explain how legislation, national and local policies and guidance provide a framework for decision making which can support an individual to have control over their own lives QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 27 © The Learning Company Ltd ASSESSMENT NINE Analyse why individuals with disabilities may be at risk of different forms of abuse, exploitation and harm in different areas of their lives ASSESSMENT TEN Explain how to support individuals to recognise and manage potential risk in different areas of their lives QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 28 © The Learning Company Ltd ASSESSMENT ELEVEN Explain the importance of balancing the choices of the individual with their own and others’ health and safety ASSESSMENT TWELVE Describe how own values, belief systems and experiences may affect working practice when supporting individuals to take risks QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 29 © The Learning Company Ltd ASSESSMENT THIRTEEN Explain the importance of recording all discussions and decisions made ASSESSMENT FOURTEEN Explain the importance of a person-centred partnership approach QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 30 © The Learning Company Ltd ASSESSMENT FIFTEEN Describe ways of handling conflict when discussing and making decisions about risk UNIT LD 305: ASSESSMENT SIGN-OFF Assessor’s Name: _________________________________ Assessor’s Signature:________________Date:___________ Learner’s Name: __________________________________ Learner’s Signature:_________________________Date:___________ Mentor’s Name: ___________________________________ Mentor’s Signature:_________________Date:___________ QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 31 © The Learning Company Ltd All rights reserved, No part of this publication may be reproduced, copied, stored or transmitted without the prior permission of website: www.thelearningcompanyuk.com e-mail: [email protected] QCF ACD in H & SC L3 Licensed until Feb 12 305 Unit LD Page 32
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