Why duty of care matters in care homes

Duty of care is the legal and moral responsibility that ensures residents are kept safe, treated with dignity and supported to promote their wellbeing. It requires care homes to act in the residents' best interest and protect them from harm.

Understanding the meaning of duty of care

It’s a legal and ethical responsibility of staff that promotes wellbeing and ensures that people are kept safe from harm, abuse and injury. There are four duty of care responsibilities, which include wellbeing, welfare, compliance and good practice.

• Wellbeing – promoting this (where possible)
• Welfare: making sure people are kept safe from harm, abuse and injury
• Compliance: adhering to regulations and rules in regard to duty of care
• Good practice: taking an effective and proven approach to care  

Why duty of care is essential for safety and wellbeing in care homes   

Duty of care directly ties into people's physical, emotional and overall quality of life in a care home. And so, it's absolutely necessary that staff in care homes adhere to their duty of care, so residents can thrive for as long as possible. As a worker, you want to make sure you are providing a safe environment and providing care with dignity and respect. 

Legal obligations of care homes   

Duty of care is not optional; it’s a legal duty to put residents at the heart of care and support. Legal standards are set by regulators such as CQC. These are enforced to ensure that residents are protected and aren’t facing neglect, abuse or substandard treatment.

Professional standards and expectations in care homes

Professional standards set clear expectations for how the team are meant to approach caring for residents. These go beyond the legal requirements and provide team members with a shared understanding of what great care looks like. This includes things such as respect, accountability and compassion. 

How duty of care protects residents

• Safeguarding against potential risks: staff are trained to recognise any signs of physical, sexual, psychological, abuse or neglect and how to report them. There are clear policies set out for dealing with risks, which are then handled by the appropriate authorities.
• Ensuring safety and preventing harm: care homes must create safe environments, which includes extensive risk assessments to evaluate any potential risk and reduce hazards such as falls or faulty equipment. Safe handling of medications and infection control.
• Meeting essential needs: covers essential needs such as adequate nutrition and hydration tailored to a resident’s dietary requirements and ensuring a good standard of personal hygiene. 

Preventing abuse and neglect

Having frameworks in place is essential to preventing neglect and abuse in care homes, and creates a culture where reporting concerns is taken seriously. A framework should consist of a clear set of policies about how team members should protect adults in the care home. Policies should outline how to report abuse, manage complaints and maintain safe staff levels.

Common dilemmas faced by care home staff

Caring for people can often mean dealing with complex dilemmas. For example, balancing residents’ independence with their safety and wellbeing. For most older people, independence is important for good quality of life and person-centred care, but you also want to act in their best interest in a way that prevents them from harm.

• Refusing care or medication: residents with cognitive impairment may refuse essential medication, help with bathing, food or hydration, which can increase the likelihood of a risk occurring such as getting an infection or malnutrition.
• Balancing quality and efficiency: there may be a case where time pressures mean that staff will have to prioritise efficiency over the quality of person-centred care, e.g. rushing bath time if a visitor comes to the care home and wants to see a loved one quickly.
• Wander and falls: a resident may want to walk around freely or unsupervised, but there is a high risk of falling or wandering off the premises, potentially leading to danger. 

How Barchester ensures compliance and resolves conflicts

We know how important it is to strike the balance when complex dilemmas arise. We approach them by:

• Person-centred decision-making: placing the residents’ values, needs and preferences at the centre of the decision rather than assuming. Ask them about their desired hobbies, routines and activities
• Open communication: discuss the situation with the resident, their family or support network
• Frameworks: using frameworks supports how to resolve conflict. They also help to create a space for reflection and learning. 

Importance of training staff in duty of care

Training staff in duty of care is absolutely necessary in care homes. It makes sure all staff are equipped and understand their legal and ethical responsibilities to provide safe, high-quality care for residents. Barchester trains staff through comprehensive learning and development, covering mandatory topics including: health and safety, safeguarding, first aid and dignity. Other key areas include core care skills and specialised training such as dementia training.

Supporting families in safeguarding and advocacy

It is beneficial to keep families involved in safety and advocacy and care homes. Families may often pick up on subtle changes in their loved one's well-being, mood or physical condition that staff may not notice during daily routines.  Here at Barchester, it’s our commitment to make sure we stay in regular contact with our loved ones, and encourage loved ones to do so too. Families usually possess a deeper knowledge of their loved one's history, preferences, likes and dislikes, therefore, providing better insight into how we can offer a higher level of care and support for residents. We also keep families informed through emails, calls and posters around the care home.

Resources and useful information       

We’ve provided some helpful resources below:

Duty of Care in Health and Social Care | Lottie

Safeguarding | Barchester Mental Health Hospitals

Speak Up! Month: Fostering Openness and Action | Barchester