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Version 1- 01/10/10
In Association With
Learning work book to contribute to the
achievement of the underpinning
knowledge for unit: LD 305
Understand Positive Risk
Taking for Individuals with
Disabilities
Credit value 3
All rights reserved, no parts of this publication may be
reproduced, copied, stored or transmitted without the prior
permission of
The Learning Company Ltd
© The Learning Company Ltd
Q C F A C D i n H & S C L 3 L i c e n s e d u n t i l F e b 1 2 U n i t L D
3 0 5 Page 2
Learner’s Name:
Learner’s Signature:
(Please sign inside the box)
Employer’s Name:
Employer’s Address:
Start Date:
Anticipated End Date:
College Provider:
Learner’s Enrolment Number:
Mentor’s Name:
Assessor’s Name:
Internal Verifier’s Name:
I V’s Sampling Date:
© The Learning Company Ltd
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INTRODUCTION
This workbook provides the learning you need to help you to
achieve a unit towards your qualification. Your qualification on the
Qualification and Credit Framework (QCF) is made up of units, each
with their own credit value; some units might be worth 3 credits,
some might have 6 credits, and so on. Each credit represents 10
hours of learning and so gives you an idea of how long the unit will
take to achieve. Qualification rules state how many credits you need to achieve and
at what levels, but your assessor or tutor will help you with this.
Awarding Organisation rules state that you need to gather evidence
from a range of sources. This means that, in addition to completing
this workbook, you should also find other ways to gather evidence
for your tutor/assessor such as observed activity; again, your
assessor will help you to plan this.
To pass your qualification, you need to achieve all
of the learning outcomes and/or performance
criteria for each unit. Your qualification may
contain essential units and optional units. You’ll
need to complete a certain amount of units with
the correct credit value to achieve your
qualification. Your tutor/assessor can talk to you more about this if you’re worried and they’ll let you know how you’re doing as you
progress.
This workbook has been provided to your learning provider under
licence by The Learning Company Ltd; your training provider is
responsible for assessing this qualification. Both your provider and
your Awarding Organisation are then responsible for validating it.
THE STUDY PROGRAMME This unit is designed for individuals who are working in or wish to
pursue a career in their chosen sector. It will provide a valuable,
detailed and informative insight into that sector and is an
interesting and enjoyable way to learn. Your study programme will increase your knowledge, understanding
and abilities in your industry and help you to become more
confident, by underpinning any practical experience you may have
with sound theoretical knowledge.
© The Learning Company Ltd
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WHERE TO STUDY The best way to complete this workbook
is on your computer. That way you can
type in your responses to each activity
and go back and change it if you want
to. Remember, you can study at home,
work, your local library or wherever you
have access to the internet. You can also
print out this workbook and read through
it in paper form if you prefer. If you choose to do this, you’ll have to
type up your answers onto the version saved on your computer
before you send it to your tutor/assessor (or handwrite them and post the pages).
WHEN TO STUDY It’s best to study when you know you have time to yourself. Your tutor/assessor will help you to set some realistic targets for you to
finish each unit, so you don’t have to worry about rushing anything.
Your tutor/assessor will also let you know when they’ll next be
visiting or assessing you. It’s really important that you stick to the
deadlines you’ve agreed so that you can achieve your qualification
on time.
HOW TO STUDY Your tutor/assessor will agree with you the
order for the workbooks to be completed; this should match up with the other
assessments you are having. Your
tutor/assessor will discuss each workbook
with you before you start working on it,
they will explain the book’s content and how they will assess your
workbook once you have completed it. Your Assessor will also advise you of the sort of evidence they will
be expecting from you and how this will map to the knowledge and
understanding of your chosen qualification. You may also have a
mentor appointed to you. This will normally be a line manager who
can support you in your tutor/assessor’s absence; they will also confirm and sign off your evidence.
© The Learning Company Ltd
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You should be happy that you have enough information, advice and
guidance from your tutor/assessor before beginning a workbook. If you are experienced within your job and familiar with the
qualification process, your tutor/assessor may agree that you can
attempt workbooks without the detailed information, advice and
guidance.
THE UNITS We’ll start by introducing the unit and clearly explaining the
learning outcomes you’ll have achieved by the end of the unit.
There is a learner details page at the front of each
workbook. Please ensure you fill all of the details in
as this will help when your workbooks go through
the verification process and ensure that they are
returned to you safely. If you do not have all of the information, e.g. your learner number, ask your
tutor/assessor. To begin with, just read through the workbook. You’ll come across
different activities for you to try. These activities won’t count towards your qualification but they’ll help you to check your
learning.
You’ll also see small sections of text called “did you know?” These
are short, interesting facts to keep you interested and to help you
enjoy the workbook and your learning.
At the end of this workbook you’ll find a section called
‘assessments’. This section is for you to fill in so that you can prove
you’ve got the knowledge and evidence for your chosen
qualification. They’re designed to assess your learning, knowledge
and understanding of the unit and will prove that you can complete
all of the learning outcomes.
Each Unit should take you about 3 to 4 hours to complete,
although some will take longer than others. The important
thing is that you understand, learn and work at your own pace.
YOU WILL RECEIVE HELP AND SUPPORT If you find that you need a bit of help and guidance with your
learning, then please get in touch with your tutor/assessor.
If you know anyone else doing the same programme as you, then
you might find it very useful to talk to them too.
© The Learning Company Ltd
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Certification When you complete your workbook, your
tutor/assessor will check your work. They will then sign
off each unit before you move on to the next one.
When you’ve completed all of the required workbooks and associated evidence for each unit, your assessor
will submit your work to the Internal Verifier for
validation. If it is validated, your training provider will then apply for
your certificate. Your centre will send your certificate to you when
they receive it from your awarding organisation. Your tutor/assessor
will be able to tell you how long this might take.
© The Learning Company Ltd
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Unit LD 305: Understand positive risk taking for individuals
with disabilities
About this unit
This unit promotes a positive, person-centred approach to risk
taking for individuals with disabilities and emphasises the importance of working in partnership to support individuals to take
risks. It provides the opportunity to reflect on difficulties and
dilemmas commonly encountered when addressing issues of risk, in
the context of the legal and policy frameworks.
Learning outcomes
There are five learning outcomes to this unit. The learner will be
able to
1. Understand that individuals with disabilities have the same right as everyone else to take risks
2. Understand the importance of a positive, person-centred
approach to risk assessment
3. Understand the legal and policy framework underpinning an
individual with disabilities right to make decisions and take risks
4. Understand the importance of considering with an individual with
disabilities the risks associated with the choices they make
5. Understand the importance of a partnership approach to risk
taking
What is risk?
The experience of many people who have to rely on human services
for their support is that risk is the reason
given to them by services why they cannot do
the things that other people are doing every day. Risk is sometimes used as a verb: a
person ‘risks’ doing something, and
sometimes a noun: a person is labelled as
being a ‘risk to society’. Risk decision
making is often complicated by the fact that
the person or group taking the decision is not
always the person or group affected by the
risk.
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Risk is the probability that an event will occur with beneficial or
harmful outcomes for a particular person or others with whom they come into contact.
An event can occur because of:
� Risks associated with impairment or
disability such as falls
� Accidents, for example, whilst out in
the community or at a social care
service
� Risks associated with everyday
activities that might be increased by a
person’s impairment or disability
� The use of medication
� The misuse of drugs or alcohol
� Behaviours resulting in injury, neglect, abuse, and
exploitation by self or others
� Suicide or self-harm � Aggression and violence
The type of event depends on the nature of the person, their
relationships with others and the circumstances they find themselves in. Risk is often thought of in terms of danger, loss,
threat, damage or injury. But as well as potentially negative
characteristics, risk-taking can have positive benefits for individuals
and their communities.
The difference for many people with learning disabilities when they
take risks is that they will do so when being supported by personal
assistants or a support worker from a statutory service or an
independent agency. Also, there will be times
when a person might take risks on their own,
but a statutory service might be held
responsible if harm to them or others occurs.
A balance therefore has to be achieved between
the desire of person to do everyday activities,
the duty of care owed by services and
employers to their workers, the duty of care owed to users of services, and the legal duties
of statutory and community services and
independent providers. As well as considering the dangers
associated with risk, the potential benefits of risk-taking have to be
identified (‘nothing ventured, nothing gained’). This should involve
everyone affected – adults who use services, their families and
practitioners.
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Differences in power and status affect the extent to which people
influence risk decision making – the views of developers wishing to build a dam across a
river may well be given more weight than
those of people living nearby that river.
Where a person with less power and status might wish to take a risk, and the
consequences of that risk would affect more
powerful people, it is more likely that they
will be prevented from taking it. This is the
problem faced by people supported by
services and professionals, where those services and professionals
fear various real and imagined consequences to them of the risk
taking of the people they support.
What is risk taking?
For many people risk is an accepted part of life. But people with
learning disabilities and older people are often discouraged from taking risks. Either because of their perceived limitations or fear
that they or others might be harmed, resulting in criticism or
compensation claims against health, social care and other
community based services.
Changes in disability, social care and health policy now mean that
people are being actively encouraged to increase their
independence by, for example, travelling independently, and by
being fully involved in mainstream society through education, work
and leisure. For people with disabilities, moves away from a
medical model to a social model of disability
now means there is an emphasis on the
discrimination and exclusion created by social
and cultural barriers. This contrasts with a
prior emphasis on the problems resulting
from people’s impaired bodies or minds or
learning ability.
At various times those working in health and
social care can be faced with a legal requirement, such as
organisations have a duty of care, whilst at another point they are told they have to empower people with learning disabilities and to
also afford them the dignity of risk. Whilst such concepts do not
necessarily have to be in conflict there can be confusion and tension
about how to approach either, especially when considering their
meeting.
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Times have changed, different philosophies of
care and changing public attitudes have rightly brought about the potential for a
better and more inclusive lifestyle for
individuals with a learning disability than they
would have experienced just a couple of generations ago. At the same time we are
also faced with changes regarding over-bureaucratisation of care
and an emerging blame culture, arising from an increasingly
litigious society. The worst thing for staff and services supporting
individuals with a learning disability would be to see the scenario as
a potential minefield not willingly entered. With sound policies and
appropriate safeguards, individuals with a learning disability can be
supported to embrace reasonable and responsible risk taking.
Every opportunity contains risks – a life without risk is a life without
opportunities, often without quality and without change. Traditional
methods of risk assessment are full of charts and scoring systems,
but the person, their objectives, dreams and life seem to get lost somewhere in the pages of tick boxes and statistics.
A person centred approach seeks to focus on people's rights to have
the lifestyle that they chose, including the right to make 'bad' decisions. The approach described here uses person centred
thinking tools, to help people and those who care about them most
think in a positive and productive way about how to ensure that
they can achieve the changes they want to see while keeping the
issue of risk in its place.
This in essence is a process to gather, in partnership with the
person, the fullest information and evidence to demonstrate that we
have thought deeply about all the issues involved. Decisions are
then guided by what is important to the person, what
is needed to keep them healthy and safe and on what
the law says.
Person Centred Approaches, with their focus on the
person and strategy of building an alliance of
supporters around the person can often cut across
this entrenchment and generate new and creative ways forward, providing that services are prepared to face this challenge. This is
now being recognised by government departments, the Department
of Health publication ‘Independence Choice and Risk’
wholeheartedly commends person centred approaches for everyone
because they identify what is important to a person from his or her
own perspective and find appropriate solutions.
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Regulators too want to see the balance of risk decision making
shifting toward supporting individuals who choose to take informed risks in order to improve the quality of their lives.
For some services, approaches to risk have in the past been
concerned with avoiding potentially harmful situations to adults who use services and staff. Now to support people to travel
independently or take part in everyday activities means accepting
there are risks that cannot be avoided but can be minimised and
prepared for.
DID YOU KNOW?
The longest word in the English language
according to the Oxford English Dictionary is
Pneumonoultramicroscopicsilicovolcanoconiosis.
The only other word with the same amount of
letters is
Pneumonoultramicroscopicsilicovolcanoconioses,
its plural.
ACTIVITY ONE
Circle the words or phrases you would associate with risk
taking
Harm Egypt Approach
Israel Changes Situations
Independence Morocco Culture
What is positive risk-taking?
Positive risk-taking is: weighing up the
potential benefits and harms of exercising one
choice of action over another. Identifying the
potential risks involved, and developing plans
and actions that reflect the positive potentials
and stated priorities of the service user.
© The Learning Company Ltd
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It involves using available resources and support to achieve the
desired outcomes, and to minimise the potential harmful outcomes. It is not negligent ignorance of the potential
risks it is usually a very carefully thought out
strategy for managing a specific situation or
set of circumstances.
For services, this means:
� Being empowering
� Working in partnership with adults who use services, family
carers and advocates
� Developing an understanding of the responsibilities of each
party
� Helping people to access opportunities and take worthwhile
chances
� Developing trusting working relationships
� Helping adults who use services to learn from their
experiences � Understanding the consequences of different actions
� Making decisions based on all the choices available and
accurate information
� Being positive about potential risks � Understanding a person’s strengths
� Knowing what has worked or not in the past where problems
have arisen, understanding why
� Ensuring support and advocacy is available to disabled adults and older people, particularly if things begin to go wrong for
someone
� Sometimes tolerating short-term risks for long-term gains
� Through regular reviews gradually withdrawing inappropriate
services that create dependency
� Having an understanding of the different perspectives of
people, family carers, practitioners, advocates and services
� Developing person-centred and
transition planning for adults to
support their involvement and that
of their families in decision-making
alongside practitioners
� Ensuring staff use the guidance, procedures and risk assessment /
management tools adopted by their service, and receive
appropriate support and supervision from their immediate line
manager
© The Learning Company Ltd
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Information Sharing
Information gathering and sharing is important. It is not just an
essential part of risk assessment and
management, but also key to identifying a
risk in the first place. However, the use and sharing of information must respect the
principles outlined in the Data Protection Act
1998. When collecting new data or
information, it is important to tell the person
or family affected the purpose of the data collection, why
information gathering is necessary and whom it will be shared with.
Numerous methods can be used to gather information:
� Access to past records
� Self-reports during assessment or reviews
� Reports from significant others eg. carers, relatives or friends,
other team members / other teams, advocates, other statutory or voluntary agencies or the police, probation
services or courts, or external companies providing services.
� Observing discrepancies between verbal and non-verbal cues
� Rating scales or other actuarial methods � Clinical judgement based on evidence based practice
� Predictive indicators derived from research
Because decisions may need to be defended, during the
identification, assessment and management of risk, practitioners
must ensure that information shared or gathered is properly
recorded to be able to evidence the:
� Formulation of a logical, informed opinion as to the severity of
risk.
� Organisation of discussions with the
adult, their family and any health,
social care, advocacy or independent
sector professional involved.
� Inclusion of the person and their
family in decision-making.
� Identification of conflicting opinions and interests.
� Clarification of lines of accountability.
� Justification of actions.
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Risk identification
Identification of a risk should involve a balanced approach, which
looks at what is and is not an acceptable risk. It should be a view
based on a person’s aspirations that aims to
support them to get the best out of life. The views of adults who use services and their
families are equally as important as those of
practitioners.
Not every situation or activity will entail a risk
that needs to be assessed or managed. The
risk may be minimal and no greater for the person concerned than
it would be for any other ordinary person. For example, if a person
with learning disabilities living in residential care is used to
travelling independently, taking a train trip to London where family
meets them at Kings Cross might not necessarily entail a risk that
needs to be assessed or managed. Or a disabled parent and their
children might be facing the same risks as those faced by any other family; therefore the involvement of workers might be inappropriate
or even discriminatory.
Risk Assessment
� Risk assessment is the activity of collecting information
through observation, communication and investigation. It is
an ongoing process that involves considerable persistence and
skill to assemble and manage relevant information in ways
that become meaningful for the users of services (and
significant other people) as well as the practitioners involved
in delivering services and support.
� To be effective it needs people, their
families, carers, advocates and
practitioners to interact and talk to each
other about decisions that have been
taken and their appropriateness in the
light of experience.
� Each assessment should identify a review
date and include the signatures of everyone involved in the
assessment. � If anyone involved in the care plan or the provision of support
does not agree with the assessment, they should be asked to
document their concerns and reasons.
� The influence of historical information in any assessment
should be concerned with understanding what happened if
risk-taking resulted in harm rather than the stigma of the
events themselves.
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Where a risk assessment is needed, a decision then has to be taken
about whether or not positive risk-taking is necessary to achieve certain outcomes for the person concerned. It will not always be
appropriate to take positive risks but this
has to be determined in partnership with
the person affected, and their family where appropriate. It is a professional judgement
that should not be influenced by an overly
cautious approach to risk. At the same
time though, positive risk-taking is not
negligent ignorance of the potential risks – nobody benefits from
allowing risks to play their course through to disaster.
During risk assessment, the following should be considered:
� People should not simply be seen as the source of risk – their
view of risk and that of their families and carers have a
prominent place in the identification, assessment and
management of risk. � When gathering information from adults, or family carers,
workers need to emphasise the importance of information
that is both accurate and identifies any concerns or issues
that may increase the probability of an event occurring. � There should be a focus on a person’s strengths to give a
positive base from which to develop plans that will support
positive risk-taking. Consider the strengths and abilities of
the adult, their wider social and family networks, and the
diverse support and advocacy services available to them.
� A person-centred approach should be used to identify, assess
and manage risk. This depends on the willingness of
practitioners to work in this way and for some may present a
challenge to traditional ways of working.
� ‘Positive risk-taking’ may sometimes need to
distinguish between the short-term, and long-
term position. Short-term heightened risk
may need to be tolerated and managed for
longer-term positive gains.
� Taking risks can give people confidence and enables them to manage their involvement in
community activities better. � An assessment needs to be clear if it is to
protect the individual or others.
� Every individual or agency directly affected should be involved in the development of a positive risk management plan that
agrees on the approach to risk and how identified risks will be
supported. Consensus helps to support positive risk-taking
and promotes a person-centred response.
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DID YOU KNOW?
The reason firehouses have circular stairways is from the days of yore when
the engines were pulled by horses. The
horses were stabled on the ground floor
and figured out how to walk up straight staircases.
ACTIVITY TWO
Circle the words or phrases you would associate with risk
assessment
Whale Approach Manage
Strengths Dolphin Protect
Positives Advocacy Shark
Risk Management
Risk management is the activity of exercising a duty of care where risks (positive and negative) are identified. It entails a broad range
of responses that are often linked closely to the wider process of
care planning. The activities may involve
preventative, responsive and supportive
measures to reduce the potential negative
consequences of risk and to promote the
potential benefits of taking appropriate risks. These will occasionally involve more
restrictive measures and crisis responses
where the identified risks have an increased
potential for harmful outcomes. Decisions though need to be negotiated and agreed between all parties, and clearly understood.
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When carrying out risk management, the following must be
considered:
� Decision making in relation to risk must be clearly evidenced
on relevant documentation.
� High quality supervision and support are essential to provide an
opportunity to discuss concerns
and refine ideas, as well as review
the progress of the implementation
of risk assessments.
� Managers / supervisors need to
recognise that there is joint
accountability / ownership for risk decisions. Practitioners
need to know that support is available if things begin to go
wrong.
� Risk-taking is further enhanced by limiting the duration of the
decision i.e. working to shorter timescales and with smaller
goals broken down. This is supported by having mechanisms in place to check on progress; and an ability to quickly change
previous decisions when needed, including intervening in a
more restrictive way where necessary.
� Risk management should become part of a practitioner’s ongoing work with an adult and events should be reflected in
people’s case notes where appropriate.
� Individual practitioners can reasonably be expected to accept responsibility for the professional standards of conduct set out
by their professional body. But it is the collective
responsibility of the team to share information, make
decisions and plan.
� Issues of confidentiality need to be considered by
practitioners, officers and their
managers / supervisors to ensure client
and public safety.
� This approach supports the recognition of an individual’s right to make
informed decisions about the care or
support they receive. It recognises the
concept of empowerment when working
with vulnerable people. � The rights of adult users of services and family carers to make
decisions are acknowledged. In certain circumstances these
can be overruled, particularly when the individual is regarded
as lacking in ‘mental capacity’ in relation to a specific decision.
Where someone lacks mental capacity, anything done for or
on their behalf must be in their ‘best interests’.
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� Where this happens, practitioners should refer to guidance on
best practice in dealing with decision-making and incapacity, and on the principle of best interests of the person who lacks
capacity.
� The assessment and management of
risk should be, as far as possible, a multi-disciplinary exercise.
� Positive risk-taking needs to be
underpinned by contingency planning
for the fears and possibilities of failure.
This will help to prevent some harmful
outcomes, and minimise others. Risk-
taking should be pursued in a context of promoting
opportunities and safety not negligence. Therefore, adult
users of services, their families and practitioners should be
encouraged to learn to think about ‘what ifs’ and
contingencies as part of their day-to-day thinking.
� Where people are behaving recklessly, risk management may
include the setting of explicit boundaries to contain situations that are developing into potentially dangerous circumstances
for all involved. If a person or their carer makes a decision to
continue behaviour that is reckless, a record should be made
of their decision and when it was taken. If workers are affected by this decision, any support service being provided
will be reviewed to ensure that how it is delivered guarantees
the safety of any worker involved.
� Positive risk-taking should be ingrained into the working
culture and be reflected in the content of team training. It is
not a one-off experiment, but the natural first line of thinking.
DID YOU KNOW?
The first known contraceptive was
crocodile dung, used by Egyptians in 2000
B.C.
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ACTIVITY THREE
Circle the words or phrases you would associate with risk
management
Sandal Working Team
Training Flip-flop Culture
Assessment Guidance Plimsoll
Person-Centred Planning
An approach based on the principles of rights, independence, choice and inclusion used to help disabled people work out what they want
to do with their lives, and then determine how services and support
in the wider community can fit the needs of the individual so that
they are supported to achieve their aspirations. It is accepted that
both an individual’s priorities and aspirations, and the services they
need to fulfil these can and will change. As such, planning is a
continual process.
Person Centred Planning is a way of helping people to think about
what they want now and in the future. It is about supporting people
to plan their lives, work towards their goals and get the right
support. It is a collection of tools and approaches based upon a set
of shared values that can be used to plan with a person - not for them. Planning
should build the person's circle of support
and involve all the people who are important
in that person's life.
Person Centred Planning is built on the
values of inclusion and looks at what support
a person needs to be included and involved
in their community. Person centred approaches offer an alternative
to traditional types of planning which are based upon the medical
model of disability and which are set up to assess need, allocate services and make decisions for people.
© The Learning Company Ltd
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The key features of person-centred planning are:
� The person is at the centre and is in control � Family members and friends are full partners.
� Planning reflects a person’s capacities, what is important to
them, and identifies the support they need to be full citizens.
� Planning builds a shared commitment to
action that uphold a person’s rights.
� Planning leads to continual listening,
learning and action and helps a person
get what they want from life.
Medical Model of Disability
An approach to disability that says disabled people (because of their
impairment/s, mental health or learning disability) are unable to do
everyday activities that non-disabled people can take for granted.
The consequence of this approach is the emphasis placed on the individual’s ability to adapt to the world around them or the need
for people to limit their expectations and ambitions.
Social Model of Disability
An approach to disability that says the disadvantage and
inequalities experienced by people with disabilities are not caused
by their impaired body, mind or learning ability but by the society in
which they live. The way in which buildings and transport are
designed or education, hospitals, councils and government are run
or how people think about disability can create barriers and lead to
discrimination, exclusion and
prejudice if deaf and disabled
people’s needs are ignored. The
consequence of this approach is
the emphasis on the need to
remove physical barriers to
buildings and wider society,
change attitudes and
expectations, and use the law to stop disability discrimination.
Legislation and Legal Principles
When approaching the identification, assessment and management
of risk, a knowledge of key legal principles and legislation will help
practitioners to make informed decisions that promote both the
involvement and interests of disabled adults and older people, and
their families.
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It will also support and promote best practice for professional staff
involved in supporting positive-risk-taking. An understanding of the following legislation and legal principles is important.
Human Rights
These are rights and freedom to which every
human being is entitled. The Human Rights Act
1998 brought the European Convention on
Human Rights into domestic law for the whole
of the UK on 2 October 2000.
The Act:
� Makes it clear that as far as possible United Kingdom courts
should interpret the law in a way that is compatible with
Convention rights.
� Places an obligation on public authorities, including local
authorities, to act compatibly with Convention rights, ie workers need to be aware of the human rights of those adults
to whom they provide support.
� Gives people the right to take court proceedings if they think
that their Convention rights have been breached or are going to be.
Of the 13 Convention rights included in the Act, the following are of
particular concern to workers who work with adults and older
people: the right to liberty and security; the right to respect for
private and family life; the freedom of thought, conscience and
religion; the right to freedom of expression; the right to marry and
found a family; and the prohibition on discrimination.
Mental Capacity
The Mental Capacity Act 2005 provides a
statutory framework to empower and
protect vulnerable people who are not
able to make their own decisions. It
makes it clear who can take decisions, in
which situations, and how they should go about this. It enables people to plan
ahead for a time when they may lose
capacity.
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The whole Act is underpinned by 5 key legal principles:
� A presumption of capacity - every adult has the right to make
his or her own decisions and must be assumed to have
capacity to do so unless it is proved
otherwise; � The right for individuals to be
supported to make their own
decisions - people must be given
all appropriate help before anyone
concludes that they cannot make
their own decisions;
� That individuals must retain the right to make what might be
seen as eccentric or unwise decisions;
� Best interests – anything done for or on behalf of people
without capacity must be in their best interests; and
� Least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of
their basic rights and freedoms.
Duty of Care
This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a
reasonable person in the circumstances would use. If a person's
actions do not meet this standard of care, then the acts may be
considered negligent, and any damages resulting may be claimed in
a lawsuit for negligence. Professional workers owe a specific duty of
care to the people they work with. The standard of conduct and
behaviour expected of people in their professional role is higher
than for an ordinary person because of the professional training
they have received and the level of responsibility they assume.
Negligence
Negligence is carelessness amounting to
the culpable breach of a duty, ie failure
to do something that a reasonable
person (ie an average citizen in that
same situation) would do, or doing something that a reasonable person
would not do. In cases of professional
negligence, involving someone with a special skill, that person is
expected to show the skill of an average member of his or her
profession.
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Safety at Work
Every employer has a common-law duty to take reasonable care for
their employees’ health, safety, and
welfare at work, and must insure
against their liability for employees’ injuries and diseases sustained or
contracted at work. The Health and
Safety at Work Act 1974 further
requires employers to ensure, as far
as is reasonably practicable, that
their working methods, equipment,
premises, and environment are safe
and to give such training, information, and supervision that will
ensure their employees' health and safety. Employees also have a
duty to take reasonable care for their own health and safety, for
example by complying with safety regulations and using protective
equipment supplied to them.
UNIT LD 305: SIGN-OFF
Assessor’s Name: _________________________________
Assessor’s
Signature:_________________________Date:___________
Learner’s Name: __________________________________
Learner’s Signature:_________________Date:___________
Mentor’s Name: ________________________________
Mentor’s Signature: _________________Date:___________
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UNIT LD 305: ASSESSMENT
ASSESSMENT ONE
Explain ways in which risk is an integral part of everyday life
ASSESSMENT TWO
Explain why, traditionally, people with disabilities have been discouraged or prevented from taking risks
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ASSESSMENT THREE
Describe the links between risk-taking and responsibility,
empowerment and social inclusion
ASSESSMENT FOUR
Explain the process of developing a positive person-centred
approach to risk assessment
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ASSESSMENT FIVE
Explain how to apply the principles and methods of a person-
centred approach to each of the different stages of the process of risk assessment
ASSESSMENT SIX
Explain how a service focused approach to risk assessment would differ from a person-centred approach
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ASSESSMENT SEVEN
Identify the consequences for the individual of a service
focused approach to risk-assessment
ASSESSMENT EIGHT
Explain how legislation, national and local policies and
guidance provide a framework for decision making which can support an individual to have control over their own lives
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ASSESSMENT NINE
Analyse why individuals with disabilities may be at risk of
different forms of abuse, exploitation and harm in different areas of their lives
ASSESSMENT TEN
Explain how to support individuals to recognise and manage potential risk in different areas of their lives
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ASSESSMENT ELEVEN
Explain the importance of balancing the choices of the
individual with their own and others’ health and safety
ASSESSMENT TWELVE
Describe how own values, belief systems and experiences
may affect working practice when supporting individuals to take risks
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ASSESSMENT THIRTEEN
Explain the importance of recording all discussions and
decisions made
ASSESSMENT FOURTEEN
Explain the importance of a person-centred partnership
approach
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ASSESSMENT FIFTEEN
Describe ways of handling conflict when discussing and
making decisions about risk
UNIT LD 305: ASSESSMENT SIGN-OFF
Assessor’s Name: _________________________________
Assessor’s Signature:________________Date:___________
Learner’s Name: __________________________________
Learner’s
Signature:_________________________Date:___________
Mentor’s Name: ___________________________________
Mentor’s Signature:_________________Date:___________
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