Civil Law Duty of Care

Civil Law Duty of Care
Those providing services such as hospitals, care management, nursing services,
supported housing, care homes or domiciliary care services have a duty to ensure that
those services are safe.
Under civil law it is an implied term of any contract for health or care services that the
person should be looked after to a reasonable standard. If care is consistently below

that reasonable standard, the person receiving care may have a claim for breach of
the implied term of the contract. Vicarious liability may also arise eg the liability of a
home owner for the negligent acts of their staff
Different services are covered by different legislative guidance and regulatory
requirements. Where care is contracted by the tPCT the local authority or another
organisation then there is an obligation on the contracted body to meet the terms of
the contract and on the contracting body under its duty of care to ensure that the terms
of the contract are being met. Many of the contracts issued by Bradford-based
organisations now specifically include clauses in relation to prevention of and
responding appropriately to adult abuse.
Care homes and domiciliary care services must be registered with the
Commission for Social Care Inspection (CSCI) and meet the relevant requirements
of the Care Standards Act 2000. The CSCI inspects care settings and assesses the
degree to which they meet care standards as Poor, Adequate, Good or Excellent. The
requirements include measures that prevent abuse as well as having robust processes
for responding to and reporting abuse. CSCI has responsibility for making decisions
about the fitness of premises, the owners and managers. Where an owner of manager
fails to ensure people safety an application can be made for them to be de-registered.
CSCI merged with the Health Care Commission in April 2009 to form the Care Quality
Commission and new joint standards for health and social care provision will be
published during 2009/10.
Health care settings
Currently report to the Strategic Health Authority and are assessed by the Health Care
Commission who also investigate major incidents. The Health Commisison is
merging with the Health care Commission in April 2009 to form the Care Quality
Commission and new joint standards for health and social care provision will be
published during 2009/10.

source -bradford mdt

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