duty of care introduction

michael austin + associatesmichael austin + associates

Meeting YourMeeting YourDuty of Care ResponsibilitiesDuty of Care Responsibilities……

Presented byPresented by

MICHAEL AUSTINMICHAEL AUSTIN

In association with In association with

EnableEnable

Please be aware that this session and the accompanying notes are for educational Please be aware that this session and the accompanying notes are for educational

purposes only and do not constitute legal or professional advicepurposes only and do not constitute legal or professional advice……


• The BasicsThe Basics• Case StudiesCase Studies• Key ConceptsKey Concepts• Quality of LifeQuality of Life• ChoiceChoice• RiskRisk

• Next StepNext Step

OverviewOverview

2


• Special RelationshipSpecial Relationship

• Not AbsoluteNot Absolute

• ReasonableReasonable– Scope of RelationshipScope of Relationship– Level of ExpertiseLevel of Expertise– ForeseeableForeseeable– LikelyLikely

Who has a Duty of Care?Who has a Duty of Care?

3


• Common LawCommon Law

• RegulationRegulation

• Community StandardsCommunity Standards

The Need to CareThe Need to Care

4


Failure to provide a reasonable standard Failure to provide a reasonable standard of care, supervision or support that of care, supervision or support that

results in harm or loss.results in harm or loss.

NegligenceNegligence

5


TESTTEST

• Financial LossFinancial Loss

• Duty of Care OwedDuty of Care Owed

• Link between Duty of Care Owed and Link between Duty of Care Owed and Financial LossFinancial Loss

LiabilityLiability

6


DEGREEDEGREE

• ForeseeableForeseeable

• ReasonableReasonable

LiabilityLiability

7


• MistakesMistakes

• ErrorsErrors

• OmissionsOmissions

Employers are required to prevent Employers are required to prevent foreseeable harm/loss and to provide foreseeable harm/loss and to provide

effective support, supervision, and effective support, supervision, and systems of work.systems of work.

Vicarious LiabilityVicarious Liability

8


Expectations + Expectations + Control Control

==

Someone Else is Responsible for Someone Else is Responsible for Outcome Outcome

Risk Adverse CultureRisk Adverse Culture

9


• BalanceBalance

• Default to Highly Restrictive PracticesDefault to Highly Restrictive Practices

• Cognitive DissidenceCognitive Dissidence- Burnout- Burnout- Low Morale- Low Morale

• Accountability & ResponsibilityAccountability & Responsibility

• Over CommitmentOver Commitment

Human ServicesHuman Services

10


Group ExerciseGroup Exercise

11


• Participation in community lifeParticipation in community life

• Gaining and maintaining relationshipsGaining and maintaining relationships

• Expressing preferences and making Expressing preferences and making choiceschoices

• Respected roles and living with dignityRespected roles and living with dignity

• Developing competenciesDeveloping competencies

Quality of LifeQuality of Life

12


• Preferences (Likes + Dreams)Preferences (Likes + Dreams)

• Opportunity Opportunity

• Control (making use of an opportunity)Control (making use of an opportunity)

ChoiceChoiceMost peoples’ wants are modestMost peoples’ wants are modest

13


• Get clarity (do you have responsibility)Get clarity (do you have responsibility)

• Describe the issueDescribe the issue

• What is the impact?What is the impact?

• What are the potential opportunities What are the potential opportunities lost?lost?

• Identify strategiesIdentify strategies

• Balance safety with happinessBalance safety with happiness

Risk ManagementRisk Management

14


Do you have responsibility?Do you have responsibility?

15

CoreResponsibilities

Use JudgementCreativity

Not Our Paid Responsibility(Domain of Friends)

Michael Smull


Safety - HappinessSafety - Happiness

16

SAFETYHAPPINESSHighLowHighLowBest to use.Use only if the person and all significant others agree the risk is worth taking and does not leave person or othersin real danger

Only for real danger for person or

others

Do not use

Peter Kinsella Paradigm January 2000

duty of care introduction

Education