The domiciliary services manager seeks you out as the care manager in the case of an older man who has received care services at home since his wife died several months ago.
“A member of my staff has just visited again. He has tried to cuddle and fondle her. When she asks him to stop, he says that she is his wife and that he loves her. When she tries to pull away from him, he becomes angry and lashes out. I cannot ask staff to visit him again, at least until something is done about his behaviour. It is not safe there.”
Now you need to decide what to do in this situation, select from the options below:
- Do you insist that a home care worker continues to provide the service because without this Edward’s needs will not be met?
- Do you accept the argument that staff have a right to be protected from harassment
- Do you decide to search for the legal rules on what the authority’s responsibilities are here
- Do you decide to consult the local authority’s procedural manual and to follow what it recommends in these situations?
A. This answer shows that you have a tendency toward need orientation
B. This answer shows that you have a tendency toward rights orientation
C. This answer shows that you have a tendency toward technical orientation
D. This answer shows that you have a tendency toward procedural orientation
Before you move on to the next situation, test your knowledge of key aspects of law that are relevant to this situation by answering the question below.
Case law has established that local authorities may withdraw services when clients are behaving unreasonably and when they continue to do so after requests that they engage with staff appropriately.
The Correct answer is True
R v Kensington & Chelsea RLBC ex parte Kujtim [1999] 2 CCLR 340. Failure to comply with reasonable conditions may be regarded as rejection of the service offered, and the statutory duty may be regarded as having been discharged.