element 4 work within a legal and ethical framework

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CHCCS400C Work within a Legal and Ethical Framework 20/06/2022 Nerrilyn Agius 1

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Page 1: Element 4 Work within a legal and ethical framework

12/04/2023Nerrilyn Agius 1

CHCCS400C

Work within a Legal and

Ethical Framework

Page 2: Element 4 Work within a legal and ethical framework

12/04/2023Nerrilyn Agius 2

Element 4

Recognising and Responding to Client Rights and Interests

1. Supporting clients to identify and express their concerns

2. Referring client to advocacy services when appropriate

3. Managing complaints4. Recognising and reporting signs of abuse and neglect5. Recognising and responding to cultural, linguistic and

religious diversity.

Page 3: Element 4 Work within a legal and ethical framework

12/04/2023Nerrilyn Agius 3

Managing complaints should be the responsibility of everyone involved in the

care of clients. A positive attitude to complaints by all staff

is essential. It is part of effective communication and

an important component of the organisation’s continual improvement

cycle. Clients with a complaint want to be treated

with dignity and have their complaint treated seriously

Page 4: Element 4 Work within a legal and ethical framework

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Clients need to know that it is okay to complain however many are reluctant or

even frightened to.

A client’s right to privacy and confidentiality helps make it safe for them to complain.

Some people are less likely to complain for cultural reasons.

People with certain conditions may feel that they will be discriminated against.

Page 5: Element 4 Work within a legal and ethical framework

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Many organisations have a form for clients, staff, family

members and visitors to complete to register

dissatisfaction or a complaint.

Page 6: Element 4 Work within a legal and ethical framework

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List ways to encourage feedback and complaints:

Provide a suggestion or improvement boxAsk for feedback when talking to clients or their familiesRaise the issue with the client and discuss their wishesEnsure all clients know about the local advocacy serviceMake sure the client is aware of their right to complainPromote the residents’ and responsibilitiesHave an active complaints resolution committee and resident advocateHave a senior member of staff available to hear complaints at all timesArrange regular family conferencesBe accessibleAccept anonymous complaintsTrain staff to listenConsult and involve staff and clients to help development of new policies or review existing ones.

Page 7: Element 4 Work within a legal and ethical framework

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Tips when responding to concerns and complaints:• Respond promptly to all complaints, regardless of

the level of seriousness• Listen to the client, acknowledge their concerns

and show understanding and empathy.• Remain impartial. Treat everyone involved fairly

and with respect.• Attempt to identify the problem and the outcome

required by the client.• Provide an explanation and apology if appropriate.• Take action to implement the solution offered• Refer complaint to supervisor as required• Confirm if the client is satisfied• Document the complaint• Maintain confidentiality

Page 8: Element 4 Work within a legal and ethical framework

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If client’s rights are not being respected or if they are incapable of making decisions they may need an advocate to support them to

complain.

Advocacy services help people understand their rights.

The aims of advocacy are to:

Increase the older persons control over goods and services

Overcome barriers that restrict opportunities

Ensure appropriate delivery of services

Protect human rights

Ensure a better quality of life

Be responsive to and empathise with individual needs and wishes

Be orientated towards positive outcomes Aim for empowerment of disadvantaged individuals and groups

Challenge stereotypes and stigma

Page 9: Element 4 Work within a legal and ethical framework

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By law your organisation will have in place a system to respond to complaints from clients, their

representatives and that these people will be aware of internal and external complaints

mechanisms.

Do you know your workplace’s policies and procedures for managing both internal and

external complaints?

Page 10: Element 4 Work within a legal and ethical framework

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The national Aged Care Complaints Investigation Scheme covers both residential

and community aged care services.

The Australian government funds a National Disability Abuse and Neglect Hotline that can be used by anyone to report abuse and neglect of

people with disabilities.

Clients can complain to the Commonwealth ombudsman if they want more support.

Page 11: Element 4 Work within a legal and ethical framework

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Abuse is a complex issue.

It can be :• Financial• Physical• Emotional• Sexual• Neglect• Systems abuse

Signs of abuse may be:• Physical • Mental anguish• Withdrawal• Anxiety

Page 12: Element 4 Work within a legal and ethical framework

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People at risk are those who:

Often the abuser is a worker, relative or close friend.

Have a cognitive impairments

Live alone

Have a history of family abuse

Suffer alcohol and substance abuse

Are stressed

Have financial issues

Are emotionally unstable

Are relatively powerless eg children, people with disabilities and older people

Page 13: Element 4 Work within a legal and ethical framework

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It is crucial that any sign of suspected abuse, distress or

other issues of concern regarding a person’s treatment

and safety are reported immediately.

How you report it will depend on your workplace’s policies and procedures.

Page 14: Element 4 Work within a legal and ethical framework

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Coordinators or team leaders should consider a range of

strategies to ensure that staff respond to cultural, linguistic and religious diversity in an

appropriate way.

If staff understand a person’s cultural background they are able to respond appropriately.

Page 15: Element 4 Work within a legal and ethical framework

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A person’s culture affects:• Religion• Importance of family• Food• Cleaning • Personal care• Dress• Music• Personal touching• Language

• Addressing a person• Assisting with completing forms• Using easy to understand language• Using an interpreter