Managing Duty of Care and Individual Choices in Health and Social Care

Care workers often face scenarios where they need to balance their duty of care with respecting the wishes and choices of service users. Understanding how to approach these situations is crucial for providing ethical and effective care.

Understanding Best Interest Decisions

Best interest decisions are made for individuals who cannot decide for themselves at the time a decision is required. However, it's vital first to determine if the person indeed lacks the capacity to make a particular decision.

Assessing Decision-Making Capacity

For instance, consider a situation where an individual with impaired sight and hearing wants to visit a local store. It's important not to assume incapacity due to their impairments. Every individual has the right to make decisions, which might involve risk, just as those without health and social care needs do.

Case Example: The Grocery Shop Visit

In the scenario of the gentleman wanting to visit the grocery shop, without evidence suggesting incapacity, it's unlawful to assume he cannot make his own decisions. Factors such as the presence of a school crossing patrol assisting him could be vital information influencing the decision.

Conducting a Capacity Assessment

If there's an indication that the individual might lack decision-making capacity, a two-stage capacity assessment is necessary:

1. Identifying any impairment or disturbance in the functioning of the mind or brain.
2. Determining if this impairment prevents the individual from making the specific decision.

It's essential for care workers to approach these assessments with sensitivity, respecting the autonomy and rights of the individuals in their care.

Ultimately, striking the right balance between duty of care and individual autonomy is key to providing person-centred and respectful care services.