Know and follow safeguarding laws as part of your responsibilities.

1.3 Explain own responsibilities relating to the current legislative framework with regard to safeguarding

Course: NVQ Level 4 Diploma In Health And Social Care (RQF)

Unit 12: Understand safeguarding and protection in health and social care settings

LO1: Understand the impact of current legislation for the safeguarding of adults at risk of abuse and neglect

When working as a care worker under the standards of the NVQ Level 4, you play a vital role in ensuring the safety, rights, and well-being of adults at risk in relation to existing legislation surrounding safeguarding.

1. You are subject to a duty to safeguard.

The law requires you to take reasonable steps to protect vulnerable adults from abuse or neglect, and there is a huge emphasis on being alert to their plight and acting quickly, especially in situations where they may not raise concerns themselves.

2. You must promote an individual's well-being.

Protecting is not enough; promoting is the goal. In doing so, you must support individuals to live their best lives, respect their choices, promote their independence and give them opportunities to be involved in decisions which affect them, as directed in the Care Act 2014.

3. Familiarity with Key Legislation

Knowledge and understanding of relevant legislation is vital, and many of the relevant laws include the following:

Care Act 2014: Is it necessary to understand laws, develop knowledge, and use relevant legislation, which includes the duty and the Duty to Enquire and Safeguarding Adults Boards (SABs), which require monitoring safeguarding arrangement,s providing support to ensure safeguarding measures are taken to protect vulnerable adults?

Mental Capacity Act 2005: Requires you to consider the individual’s best interest where the individual has been assessed as lacking capacity and to work alongside Independent Mental Capacity Advocates (IMCAs) where relevant.

Safeguarding Vulnerable Groups Act 2006 and Disclosure and Barring Service (DBS): Requires the safeguarding of individuals from inappropriate characters moving into a care role through background checks. 

4. Prevent Harm and Report Concerns

If you observe or suspect abuse or neglect, or hear or receive reports of abuse or neglect, then you must follow up in line with the policy, reporting, and recording protocols. You may be involved in discussing the concerns with a manager or may have a duty to report to social services or escalate via whistleblowing procedures if all local processes fail.

5. Ensure Safety in the Environment and Practice

You must not give access to persons whom you would believe would be at risk (i.e., e.g., violent and/or unfit) and must not operate equipment or give medications for which you have not been trained, and you are not currently complying with health-and-safety standards 

6. Supporting the Safeguarding Culture of the Organisation

You are working within a wider safeguarding structure within your setting. This is inclusive of:

1. Understand local policies and procedures.

2. Work on multi-agency protocols that involve health, social care, and police working together.

3. Support the colleagues and service users through the safeguarding process.

Conclusion

In conclusion, you have several responsibilities in the current legislative landscape: to protect and promote well-being; to act in the best interests of those without capacity; to report any concerns appropriately; to protect from access by would-be abusers; and to engage, take responsibility, and create a culture of safeguarding. Your responsibilities reflect the Care Act 2014, Mental Capacity Act 2005, DBS regulations, and your organisational policies that seek to safeguard the rights of individuals and enable you to ensure that you are fulfilling your legal and ethical responsibilities in your role.

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