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Learn to support service users and carers in managing risks effectively in adult social care, emphasizing good practice, legal aspects, and decision-making frameworks. Develop a model risk-taking policy based on ethical values and professional standards.
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May 2011 we’re supporting people who use services, and carers Learning to live with risk(1) An introduction for service providers in adult social care
Why focus on risk now? • Policy drive to give ‘choice and control’ • Support for self-directed care • Enabling people to take risks they choose • DH framework for risk management • Concerns about increasing risk • Concerns about risk-averse services
Shouldn’t a good service avoid risks? What reasons could there be to avoid supporting people who use services to take risks?
Know the law CIVIL • Negligence • Balance of probabilities • Compensation CRIMINAL • Recklessness • Beyond reasonable doubt • Punishment
Some key concepts • Evidence • Facts • Record keeping • Blame • Liability • Vicarious liability • Sue • Insurance • Complaints • Inquiries • Professional misconduct
Good practice – sound and safe • Vicarious liability Employer risk • Good practice Beneficial outcomes • Good practice Best defence • Good practice Professional standards • Good records Risk decisions show standards met • Employer action Poor practice even if no harm done
Ensuring best practice Ensure: • All reasonable steps have been taken • Reliable assessment methods have been used • Information has been collated and thoroughly evaluated • Decisions are recorded, communicated and thoroughly evaluated • Policies and procedures have been followed • Practitioners and their managers adopt an investigative approach and are proactive Risk guidance for people with dementia (DH 2010)
Some key concepts • Supported decision making: • choice • rights and responsibility • consent • capacity (mental) • Action and inaction • Outcomes • Benefit • Harm • Likelihood
Sharing power • Do you know what good practice looks like? • How do you involve people who use your service in running it? • You want to be innovative and cost-effective – what steps do you take to engage the practitioner workforce in judging the risks? • Do you have a whistle-blowing policy? • What is the role of managers in setting and maintaining professional standards?
Complex decision areas • Safeguarding • Carers • Mental capacity • Health and safety
Employers should be alert to: • Professional standards • Inspectorate standards • Better ways of organising work • Blame • Value conflicts • Retention • Consistency and continuity • Morale and satisfaction • Dangerous people • Continuing professional development • Celebrating good practice
Developing a model risk-taking policy • Values and principles • A ‘statement of purpose’ • Beneficial outcomes anticipated • Professional standards • Identified constraints • Position on controversial issues • Associated procedure • Endorsements • Acknowledgements • Consultation • Review arrangements