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If you continue without changing your cookie settings we assume that you are happy with our use of cookies. You can change your cookie settings at any time by following the instructions on our privacy page. Both the Care Quality Commission and Local Authorities carry responsibilities for health and safety in care homes in terms of inspection, regulation and prosecution.
In terms of Domiciliary care source picture is slightly less clear but the Health and Safety Executive provides guidance here as to when the Health and Safety at Work Act does and does not apply, in most cases where domiciliary care is provide the HSAW Imporance apply.
In both cases care homes and domiciliary care there is a duty of care that needs to be met to keep everyone as safe as possible the two are interdependent.
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There are also factors that can reduce the risk of harm, such as the removal of sharp edges, using soft furnishings or crash mats. When considered together these factors can be used to mitigate the risk. For example, allow Mr M to sit on the side of his bed for 10 minutes prior to getting up and then ensure a staff member stays with Mr M for at least 10 minutes and that he has his walking aid with him.
All of these would reduce the likelihood of Mr M falling.
Registered Manager's responsibility
Additionally you may move the sharp edged coffee table to reduce the possibility of Mr M causing injury on the table corners should he fall. The registered manager is responsible for ensuring a safe environment and safe working practices.
If a risk assessment is in place and staff are aware of it the registered manager is responsible if staff decide not to follow it, you should have known and addressed the issue impacting on both safe risk assessment not being followed and well led manager was unaware or even worse was aware but did nothing. If a risk is known about and there is no risk assessment in place then it is the registered manager's responsibility to complete a risk assessment. Amd
The largest prosecutions are where a risk was known about but nothing was done and an individual suffered harm. For example, an unlocked door at the top of a set of concrete stairs in a care home was identified by the CQC.
Risk assessments
Several days later a resident fell down the stairs and died. Fines totalled almost half a million pounds because the death was preventable. If the mitigation is dependent Safey the provider organisation the overarching organisation that the registered manager is managed by and the registered manager has informed them and followed up then it is the responsible individual who is accountable.]
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