🔷 Unit ASCC-03: Duty of Care
Unit Code: H/651/1557
RQF Level: 2
Unit Aim:
This unit is aimed at those working in health or social care settings. It introduces the concepts of duty of care and duty of candour, and develops learners’ awareness of dilemmas, incidents, and complaints that may arise, and how to respond appropriately.
🔹 Area 1: Understand Duty of Care and Duty of Candour
📌 1.1 Define:
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Duty of care
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Duty of candour
Core Content:
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Duty of care: Legal obligation to ensure the well-being and safety of individuals in your care by avoiding actions or omissions that could cause harm.
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Duty of candour: Ethical and legal responsibility to be honest with individuals when things go wrong with their care, including apologising and explaining what happened.
Related Theory:
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Deontological ethics (Kant): Acting in a morally correct way is a duty, regardless of consequences.
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Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 20 outlines the legal requirement of duty of candour.
Further Reading:
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NHS England: Duty of Candour – Guidance
📌 1.2 Describe how duty of care and duty of candour affects their own work role
Core Content:
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Ensures actions are guided by best interest and safety of individuals
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Promotes open and transparent communication
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Requires early reporting of errors, incidents, and harms
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Encourages honest, respectful, and ethical practice
Further Reading:
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Skills for Care: Duty of care resources
🔹 Area 2: Understand the Support Available for Addressing Dilemmas About Duty of Care
📌 2.1 Explain dilemmas that may arise between the duty of care and an individual’s rights
Core Content:
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Examples of dilemmas:
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An individual refuses medication
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A person wants to engage in a risky activity
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Balancing safety and autonomy is essential
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Mental Capacity Act 2005 supports the individual’s right to make informed choices, even if risky
Further Reading:
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NHS Digital: Your rights as a service user
📌 2.2 Describe what they must and must not do within their own role in managing conflicts and dilemmas
Core Content:
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Must:
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Follow policies and risk assessments
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Document concerns accurately
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Seek guidance
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Must not:
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Make decisions outside of scope
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Ignore individual rights
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Further Reading:
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NICE Guidelines: Decision-making and mental capacity
📌 2.3 Identify where to get additional support and advice about how to resolve such dilemmas
Core Content:
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Line managers
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Safeguarding leads
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Advocacy services
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Policies and procedures
Further Reading:
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SCIE: Support for care workers
🔹 Area 3: Deal with Comments and Complaints
📌 3.1 Demonstrate how to respond to comments and complaints in line with agreed ways of working and legislation
Core Content:
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Stay calm and professional
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Listen actively and document
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Follow complaints procedure
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Offer reassurance and escalate appropriately
Relevant Legislation:
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Health and Social Care Act 2008
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Local complaints policy
Further Reading:
📌 3.2 Identify who to ask for advice and support in handling comments and complaints
Core Content:
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Supervisor or line manager
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Complaints officer
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Safeguarding lead
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Ombudsman (external)
Further Reading:
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Parliamentary and Health Service Ombudsman: Making complaints
📌 3.3 Explain the importance of learning from comments and complaints to improve the quality of service
Core Content:
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Helps identify service gaps
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Prevents recurrence
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Improves individual care and staff practice
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Builds trust and accountability
Further Reading:
🔹 Area 4: Know How to Respond to Incidents, Errors and Near Misses
📌 4.1 Explain how to recognise:
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Adverse events
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Incidents
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Errors
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Near misses
Core Content:
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Adverse event: Unexpected event causing harm
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Incident: Event affecting care or safety
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Error: Mistake made (e.g., wrong medication)
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Near miss: Event that could have caused harm but didn’t
Further Reading:
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NHS Improvement: Learning from incidents
📌 4.2 Explain what they must and must not do in relation to adverse events, incidents, errors and near misses
Core Content:
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Must:
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Report immediately
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Follow incident reporting procedure
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Support the individual
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Must not:
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Conceal information
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Delay action
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📌 4.3 Identify agreed ways of working in relation to reporting any adverse events, incidents, errors and near misses
Core Content:
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Use appropriate forms/logs
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Notify relevant manager
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Follow the service’s policy
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Document accurately and respectfully
Further Reading:
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NHS England: Incident reporting guidance
🔹 Area 5: Deal with Confrontation and Difficult Situations
📌 5.1 Identify factors and difficult situations that may cause confrontation
Core Content:
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Unmet needs or misunderstandings
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Communication breakdowns
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Emotional distress
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Conflicting views
📌 5.2 Describe how communication can be used to solve problems and reduce the likelihood or impact of confrontation
Core Content:
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Use calm, clear, and empathetic language
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Active listening and validation
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Avoiding escalation (e.g., no blame tone)
Related Theory:
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Transactional Analysis (Eric Berne): Shifts in Parent-Adult-Child ego states affect interactions.
Further Reading:
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Skills for Care: Difficult conversations
📌 5.3 Explain how to assess and reduce risks in confrontational situations
Core Content:
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Maintain personal safety
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Know de-escalation techniques
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Consider risk assessments and individual care plans
📌 5.4 Demonstrate how and when to access support and advice about resolving conflicts
Core Content:
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Know when to escalate to a manager
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Call on colleagues for support
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Record incidents appropriately
📌 5.5 Explain agreed ways of working for reporting any confrontations
Core Content:
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Follow incident or conflict resolution policy
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Use logbooks or incident forms
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Maintain confidentiality and professionalism
Further Reading:
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ACAS: Conflict at work