Ethical Practices in Care Homes

Introduction

Ethical working practices are referred to the working practices in which the set rules that are described to be acceptable as right conduct in the society are followed. In this assignment, professional codes of conduct to be abided by in a care home and the way ethical practices are ensured in certain situation and in job advert is discussed.

Question 1: Professional Code of Conduct

In the mentioned care home, where I work as the Manager the key staffs are support workers and few registered nurses involved to provide care services to the elderly. According to the Code of Conduct for Healthcare Support Workers or Adult Social Workers in England, they are to be accountable by ensuring that they can answer for their actions and omissions. This means that the care support workers are to act honestly and with integrity in delivering care to the service users so that they are able justify their accountability for actions or any omissions being created while delivering care (www.skillsforhealth.org.uk, 2013). As mentioned by Raja et al. (2017), often omissions in certain care services are being executed to resolve dilemma experienced by support workers while caring for the service users. This is because it is way in which the service user’s health can be benefited. For instance, support workers may omit to provide red meat to elderly service users suffering from heart disease even after being asked by the person in diet as it is going to have a bad impact on his health. Thus, in this situation abiding by the code would help the staffs in providing proper explanation regarding any actions or omission being taken by them while providing care, in turn, avoiding negative legal action.

The Code of Conduct also informs that the support workers are to promote as well as uphold rights, dignity, health and wellbeing of the service users (www.skillsforhealth.org.uk, 2013). This code allows the support workers to work in best interest of the service users. As mentioned by Williams et al. (2016), lack of dignity, assurance of human rights, health and well-being to the service users makes them prone to get abused and neglected in care. This hinders their health resulting in their deteriorated mental and physical health. Thus, this code is required to be abided by the staffs at the mentioned care home to make the service users feel valued and respected by them in turn offering service users to have better emotional health to show assistance to accept care without much conflict for better physical health. As argued by Banks (2016), while upholding the rights of the service users the supports workers face dilemma in services. This is because the service user’s right to decision-making to fulfil wish for any services may not always be appropriate for their health condition to be offered by support workers. Thus, in this situation abiding by the code may lead the support workers to cause unintentional harm to the service users and by violation of the code may lead the support workers to face legal actions.

The Code also informs the support workers to work collaboratively with the colleagues for ensuring delivery of excellent quality services and care support to the service users (www.skillsforhealth.org.uk, 2013). This is because working collaboratively would help the support workers in the mentioned care home to develop knowledge in resolving issues in care by discussing with their colleagues as well as creates effecting sharing and delegation of the task to ensure quality care environment. As commented by Almost et al. (2016), while working in collaboration with colleagues by the support workers led them to face conflict among each other due to differences in perception that creates hindered care service environment. This is because the conflict would lead to develop hindered collaboration leading the support workers to fail in resolving issues at work and delegate task among each other to ensure quality care. Thus, the shortcoming of facing conflict issues may be experienced by the support workers in the care home while abiding with the mentioned code. The Code also informs the support workers to communicate in an open way to promote health, safety and well-being of the service users (www.skillsforhealth.org.uk, 2013). This is because in this way the support workers would be able to communicate effectively with the service users as well as among others staffs in the care home. However, the differences of knowledge of languages by the support workers due to origin from different culture while communicating may act as a shortcoming in this situation. Moreover, the lack of efficient communication skill among few support workers in the mentioned care home may also act as another shortcoming in response to the code.

The Code of Conduct for Healthcare Support Workers or Adult Social Workers in England also informs that support workers are to maintain rights of confidentiality of service users and improve their service quality (www.skillsforhealth.org.uk, 2013). This is essential for the support workers in the mentioned care home to ensure safety and protection of the service users from any harm or abuse or humiliation in the society. Further, the improvement in quality services would lead support workers in ensuring continuous professional development for them as well as for the mentioned care home. This is because improvement in care support would make the service users more satisfied and achieve better health outcome within shorter time offering positive name and reputation to the support workers and organisation out of service satisfaction by service users (Donetto et al. 2015). Lastly, the code mentioned support workers to promote equality, inclusion and diversity in the organisation (www.skillsforhealth.org.uk, 2013). This is required to avoid discrimination of service users in the care home by the staffs offering the support workers to also abide by the principles of Equality Act 2010.

The NMC Code of Practices informs that it is the key duty of the nurses, midwives and the nursing associates to prioritise people by listening and abiding by the preferences of the service users to act in best interest towards them as well uphold their dignity (www.nmc.org.uk, 2015). Thus, the nurses working in the mentioned care home along with other staffs are required to abide by the code. However, while acting in the best interest of the service user dilemmas may arise in which some rights of the service users may be violated by the nurses to ensure better quality care and health of service users. The Code later informs the nursing staff to practice effectively by cooperating among themselves and communicating effectively (www.nmc.org.uk, 2015). This is going to lead the nurses to provide informed consent to the service users while offering them care. The NMC code informs the nursing staffs to preserve the safety of the service users in all condition (www.nmc.org.uk, 2015). Thus, the nursing staffs in the mentioned care home are to report any nuisance or emergency and take appropriate action to protect service users. The NMC Code lastly informs the nursing staff to abide by their professional standards and promote trust among service users (www.nmc.org.uk, 2015). This is required to be followed by the staffs of the mentioned care home to ensure better care and health support. However, many staffs in the organisation are not informed about all the codes which may pose shortcoming for them in delivering quality care to services users in turn leading them to face legal actions.

Question 2: Ethical Theories

The Ethical theories are seen to provide foundations for decision-making when ethics are in play as they represent viewpoints from which people seek guidance while making decision (Counts et al. 2018). The key ethical theories are utilitarian, deontological and virtue ethics theory. As commented by Reamer (2015), utilitarian theory informs that the best decision is the one which is seen to improve utility and is defined to be the one that produces the maximum well-being of large number of people. This informs that the choice of decision which is most valid and beneficial for greater number of person is referred to be ethically correct. As argued by Burke and Harrison (2016), deontological theory refers decision to make whether or not an action is moral is based on whether or not the action is wrong or right under certain rules rather than determining the consequence of the action. This means that the person following deontological theory would follow their obligation towards the society as for them upholding one’s duty is considered ethically correct. As stated by Newham (2015), virtue ethics theory is seen to judge a person on the basis of their character rather than the action executed by them which may deviate from their normal behaviour. This is because the theory considers the reputation, morale and motivation of the person when rating an irregular and unusual behaviour.

In the mentioned scenario, to take decision whether to report about the suspected lady to the police or not the utilitarian theoretical approach is to be used. This is because utilitarian theory helps to take ethically correct decision that is best for large number of people in the society rather than benefiting self (Mill, 2016). As commented by Rowe (2017), in deontological theory the moral behaviour to be taken are avoided to the keep away from bad actions. Thus, if deontological theory is applied in this situation it would lead me to develop decision to avoid informing about the suspected actions of the lady as it may pose harm or bad action towards me. As argued by Smith (2018), deontological approach makes a person to follow the set of rules or obligations without thinking of the outcomes. In a society, interfering into another person's life or action is regarded to be bad action and against the law of the society (Azatov et al. 2017). Thus, if deontological approach is used in this situation it would lead me to take decision to avoid the suspected activity of the lady to inform the police about the situation. This may pose harm for the society as she may be planning to create some unlawful activities as per her actions informs so this theory is not to be applied in taking decision.

The virtue ethics theoretical approach is seen to focus on taking decision based on the qualities of the individual rather than determining the action to be taken based on the situation (Reamer, 2015). In this scenario, since the lady is unknown to me I have no knowledge regarding her actual character to make decision to whether or not to inform about her suspicious activity to the police. Thus, the theory could not be used because I have insufficient information to be analysed through the application of the theoretical approach to make decision. The Utilitarian theoretical approach is to be implemented in the given situation to take decision as leads to create a strong sense of purpose. This is evident as the theory makes an individual to take a decision by thinking about the broader picture that would help more people rather than only self (Lucas et al. 2016). Therefore, by using this theory I would inform about the suspected activity of the lady to police to save the school children at the bus stop and people around the place from any negative activity by the lady. This is because the theory informs me that the decision is ethically correct if it is beneficial for wide number of people rather than only to self (de Lazari-Radek and Singer, 2017). Thus, as per the theory not informing about the suspected activity of the lady may save me from any negative action that may be experienced by me as a result of my action regarding the lady. However, many individuals may be harmed by the suspected activity of the lady which is not accepted under the principles of the theory making me concerned to report the incidence to the police.

The Utilitarian theoretical approach assists to take tough decisions by avoiding emotional influences to provide benefit to wide number of individuals (Mallia, 2015). Thus, using this approach I would avoid considering any emotional reason for not providing information about the suspected activity of the lady to the police. For instance, I may be mocked at in the last if the police find that the lady is at all innocent and is not involved in any nuisance as I interpreted from her suspicious activity. Thus, using the theory I would avoid considering this situation for my own benefit to save from being mocked or ignored and would think to take action to inform to the police. This is to ensure that the lady in case is involved with any notorious activity is captured which would lead to protect wide number of people in the society including the children at the bus stop. The people who take Utilitarian theoretical approach to take decision are seen to promote more happiness in the society (Herschel and Miori, 2017). Thus, this theory is to be considered by me to take ethically correct decision in the situation to report about the suspected activity of the lady to the police as it would lead to greater happiness of the society. This is because by informing about her suspected activity to the police the lady would be captured or avoided by the police to do any notorious activity as may have been previously planned by her helping me to save many people in and around the bus stop. It would lead to happiness of many people as they would be saved from any impending danger that may be caused due to the suspected activity of the lady.

Question 3: Positive action and Positive discrimination

The key purpose of the legal obligation under the diversity and equality laws in the UK is to promote equal and fair behavioural actions towards all individuals irrespective of caste, race, age and others (Ozturk and Tatli, 2016). The mentioned laws are seen to execute positive action and positive discrimination. As mentioned by Franssen et al. (2017), positive discrimination is the actions that are mainly taken to redress the historical inequalities through the use of reserve principle of discrimination by favouring a particular group who is a disadvantageous situation. This is required to offer assistance to the group at the disadvantageous position the ability to grow to be equal to other advantageous groups. The positive action is referred to the policies and laws that are attempted to be implemented for promoting equal opportunity by considering the account of race, gender, disability and other institutional discrimination for improving outcomes (Wrench, 2016).

In the first job advert, it is seen that it is open to be applied by the African women and not others. As a result of racism and increased preference of gender African women are seen to be oppressed in the society. This is because people consider individuals with black skin colour to be lower in the society and female to be lower than men in the society who do not deserve proper dignity and respect (Arrey et al. 2017). For instance, in the UK, it is reported that more than 8% of people who belong from Black Ethnic Communities are unemployed compared to 4% people of the white community (www.ethnicity-facts-figures.service.gov.uk, 2018). Moreover, 8.5% of women of Black and Ethnic origin are unemployed compared to 6.6% men in the black community (researchbriefings.parliament.uk, 2018). Therefore, it evident that the African women who are black in origin are more unemployed and offering them advantage to get job would lead the organisation to abide by the law to create positive discrimination. This is because the African women are never going to treat other African women in a discriminative manner and neither do they with the job advantage would develop an ideology to oppress the white people or black men as they are still at the lower level in the society.

As mentioned in section 158 of the Equality Act 2010, the organisation or any person is seen to have taken positive action and created positive discrimination if they support those who have protected characteristics but in a proportionate manner (www.legislation.gov.uk, 2010). Thus, this informs that the organisation has followed one of the UK diversity and equality laws to proportionately provide African women who are oppressed in the society to be eligible for the job position. This is because the organisation does not compromise on the educational qualification to offer job to the African women but only developed discrimination which is positive in nature to offer advantage to African women to have opportunity to get employment. It would lead them to have better opportunity in the society to be economically stable to live in an equal manner with the white individuals and others.

In the second job advert, it is seen that the organisation have provided preference to the disabled people who are above the age of 18 and have EEA resident and work permit in the UK to have opportunity of IT and Communication job. As mentioned by Hughes (2015), the disabled people in the society are often oppressed as they are regarded as burden of care. This is because disabled people are often unable to execute their daily activities on their own and require assistance from others to accomplish work. It has also led to hate crime towards them which is evident as in 2017 it is reported that 150% of hate crimes towards disabled people are raised in the country within the past two years (www.independent.co.uk, 2017). This informs that the disabled people are in oppressed situation in the society facing abuse and harm. Further, in the UK, until September 2018 it is 9.3% people are unemployed who are disabled whereas only 3.7% people are unemployed who are without any form of disability (researchbriefings.parliament.uk, 2018). Thus, the figure also informs that more disabled people are unemployed that may be due to discrimination and their lack of ability to execute work with efficiency as a result of their health conditions. Therefore, in this situation offering job to the disabled people would mean positive action by the organisation towards them to help the individuals to rise in the society to live in an equal position with the other individuals who have no disability.

The section 13(3) of the Equality Act 2010 informs that if the protected individual A is disabled in respect to B who is not a disabled person then A does not create discrimination against B because A is going to treat disabled persons in a more favourable way than the B treats A. This allows individual A to discriminate in the favour of disabled people when A is offered a job (assets.publishing.service.gov.uk, 2011). Thus, the law informs that the organisation’s decision to provide IT and communication job through training to disabled people is covered by positive action and positive discrimination of Equality Act 2010. Moreover, Brexit has created discrimination against the EU nationals who are losing their job in the process in comparison to the UK nationals (www.independent.co.uk, 2018). Thus, in this situation offering EEA nationals job who are disabled in nature informs that they are covered by positive action by the organisation under the Equality Act 2010 where people in disadvantageous positioned being offered preference is not unlawful. Therefore, both the job advert are offering job to the oppressed and discriminated people by the society which is under the legal obligation mentioned in various sections of the UK Equality and Diversity laws.

Conclusion

The above discussion informs that the Code of Conduct for Healthcare Support Workers or Adult Social Workers in England and NMC Code of Practice is to be abided by the staffs working in the mentioned care home. Further, Utilitarian theory is to be applied in the case study and both the job adverts are found to be legal under the act of UK Diversity and Equality laws.

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