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A study of duty of care an important aspect of tort law

6.1 Duty of care issues

Please read the following scenario and write down some options for the worker. Sula Sula visits your centre on a regular basis for counselling.

One day she arrives and is clearly very unwell. You think she needs medical attention but she says that she does not want to see a doctor.

Are you carrying out your duty of care if you call the doctor yourself? Question - What do you think is the right course of action?

Additional question - Describe the process by which you would come to a decision. What factors would you need to consider? For example, would the quality of your relationship impact on your decision?

Additional question - How do you perceive the rights of young people? Are your values reflected in your practice?

  1. Question - Where does our primary responsibility lie? Question - When you are faced with situations where there are conflicting responsibilities, how do you come to a decision?
  2. Question - How do we balance our own safety with the safety of others?
  3. He is clearly under the influence and demands to be let in. Please read the following scenario and write down some options for the worker.
  4. Question - How do we balance our own safety with the safety of others? What do you think is the right course of action?
  5. If possible, discuss your answers to the following questions with colleagues or other learners. Can you think of an example from your own workplace?

Jack You are a worker at a youth accommodation service and Jack, one of your residents, arrives one night after curfew. He is clearly under the influence and demands to be let in. You know that he will not go away because he has nowhere else to go and you feel reluctant to call the police because of his history.

You decide to let Jack in but he quickly becomes more and more aggressive. He wakes the other residents and verbally abuses one of them. It emerges that he has a weapon and he threatens to harm himself and take you all with him.

  • Are your values reflected in your practice?
  • Question - What do you think is the right course of action?
  • What could you do if this situation arises in the future?
  • Additional question - How do you perceive the rights of young people?
  • Can you think of an example from your own workplace?
  • If possible, discuss your answers to the following questions with colleagues or other learners.

If possible, discuss your answers to the following questions with colleagues or other learners. Question - Should you try to protect yourself, the client or the other clients who are at risk?

What do you think is the right course of action? Question - How can we balance the right of young people to control their own lives with our duty to prevent them from coming to harm?

Question - Where does our primary responsibility lie? Question - How do we balance our own safety with the safety of others? Question - When you are faced with situations where there are conflicting responsibilities, how do you come to a decision? Can you think of an example from your own workplace? Additional question - Can you think of some situations from your workplace where you have had to make decision which complies with the policy of your organisation but which sits uncomfortably with your own value system?

What was the situation?

What could you do if this situation arises in the future? Answer - Write your answer, then check the possible answers page.

  • Answer - Write your answer, then check the possible answers page;
  • Additional question - Can you think of some situations from your workplace where you have had to make decision which complies with the policy of your organisation but which sits uncomfortably with your own value system?
  • Sula Sula visits your centre on a regular basis for counselling;
  • Are you carrying out your duty of care if you call the doctor yourself?
  • Question - Should you try to protect yourself, the client or the other clients who are at risk?
  • Question - Where does our primary responsibility lie?