Case study Sherrie is a community services worker and the organisation she works
ID: 125511 • Letter: C
Question
Case study
Sherrie is a community services worker and the organisation she works for provides physical assistance to children living with a disability. As part of Sherrie’s role she must comply with the ethical and legal requirements of her workplace.
Since working for this organisation Sherrie has had to deal with several unresolved conflict situations, has observed breaches in standard procedures and been faced with complicated situations that required her to make ethical decisions regarding potential conflicts of interest. One of the major problems encountered by Sherrie (and the others with whom she works) is a lack of funding, which means that they are unable to do many things that they would like to do to improve their workplace.
Q. 17
What are Sherrie’s ethical and legal requirements for mandatory reporting if she notices neglect or abuse of a child who is not accessing care, but is associated with a person who is?
Q.18
Explain what Sherrie should be looking for if she suspects a child is at risk of physical harm or has been physically harmed.
Q.23
Provide one example of a breach of standard procedures and explain what Sherrie must do if she identifies a breach in procedures.
Q.24
Describe some of the issues that could prevent Sherrie and others in her workplace from being able to realise their workplace rights and responsibilities.
Q.25
What should Sherrie do if she identifies an issue that impacts on her rights and responsibilities in the workplace?
Q.26
How should Sherrie handle unresolved conflict in her workplace?
Explanation / Answer
Q. 17
What are Sherrie’s ethical and legal requirements for mandatory reporting if she notices neglect or abuse of a child who is not accessing care, but is associated with a person who is?
Children who grow up in institutions do very badly. Institutions, such as children's homes and observation and assessment centres can perform valuable functions. For example, they may offer a breathing space while plans are made on behalf of a child and his family, or a base for older adolescents who need a bridge between family and community. However, institutions, as managed in our society, cannot provide substitute parenting for children unable to live with their original families. To pretend otherwise is a form of abuse.
The term 'foster care' covers a range of possible
interventions in the lives of children. A short-term,
assessment foster home, planned to facilitate close
links between a child and his natural parents, in the
hope that they may be re-united as a family, is different from a short-term foster home planned as a bridge between a child and a permanent substitute family. A long-term foster home with members of an extended family is different from a two-year agreement between a social services department and professional foster parents who are prepared to offer a base to a sixteen-year-old until he reaches his majority. Rowe and her colleagues offer detailed discussion of these issues.
It is a form of abuse to place a child in foster care without working out aims and objectives on his behalf and clarifying these with his natural family, his foster rents and the practitioners responsible for planning the child's future.
Thus, to return to the starting point and in
summary, practitioners in the field of child abuse must recognise and contain, but not deny, their anxiety, must learn and discuss their work and must bear in mind the complex and continuing debate about the rights and duties of parents, the rights and duties of children and the rights and duties of the State. They must also keep in mind the appropriate legal framework for deciding such matters.
Q.18
Explain what Sherrie should be looking for if she suspects a child is at risk of physical harm or has been physically harmed.
Assess harm and risk of harm:
The assessment of harm and risk of harm is the dynamic process of gathering and analysing
information to assess:
• past harm - harm previously experienced by a child which may have an ongoing
• cumulative impact
• current harm - being the level of harm that exists for the child in the present, including an
• assessment of the child’s immediate safety
• risk of harm - the likelihood and level of harm that may occur to the child in the future
• existing protective factors - factors that may mitigate against risk of harm.
Fundamental to the assessment process is the need to have a clear purpose for undertaking the
assessment and asking questions to extract the information required - “the questions we ask frame
the answers we get”.
Assess immediate safety:
The purpose of a safety assessment is to:
• help assess whether, and to what extent, any child is in immediate danger of serious harm
• determine what interventions should be initiated or maintained to provide appropriate
• protection for the child
• establish criteria for the child’s immediate removal if sufficient protection cannot be
• provided.
A safety assessment is in addition to assessing risk, which is assessing the likelihood of harm
occurring to the child in the future.
In completing a safety assessment, information is gathered and analysed about immediate harm
indicators within the household, as indicated by the actions or inactions of any adult in the home.
This information is used, together with professional judgement, to complete the safety assessment.
The recognised entity should also be consulted about suitable, culturally appropriate, safety
interventions for an Aboriginal or Torres Strait Islander child.
A safety assessment is completed during an investigation and assessment, at the initial contact
with the family. Additional safety assessments are also completed at critical times during ongoing
intervention - for example, when:
• new information has been received about a change in circumstances within the household
• considering returning a child to their home after being removed
• considering closing an ongoing intervention case
Q.23
Provide one example of a breach of standard procedures and explain what Sherrie must do if she identifies a breach in procedures.
When you recognise another worker as behaving unethically, it is appropriate to discuss this with the worker directly. If that is not successful you may need to report the unethical conduct to someone in higher authority, such as a supervisor, coordinator, or director. This can be a very difficult situation, especially if it involves another team member or a colleague who you respect.
When reporting unethical conduct you need to be clear about:
• who was involved
• when the incident(s) occurred and who was present
• the grounds on which you believe the conduct to be unethical
• what actions you have taken (such as speaking directly to the worker or supervisor)
• policies and procedures – you need to follow protocol when making a report in order to direct your concerns to the most appropriate person.
You need to document details of the unethical behaviour clearly and professionally. You also need to clearly document the course of action you have taken and the reasons for that course of action.
If you are not sure what to do, always speak to your supervisor or another appropriate staff member. Remember that it is important to look after yourself and keep yourself safe in all situations. If you need support, ask for it!
If the person you reported the incident to does not take action or support you, you should report the incident to another manager, an external complaints service such as Health Care Complaints Commission (HCCC) or an advocacy service.
There are many ways unethical behaviour can be reported, including;
• speaking with someone face-to-face
• documenting in the progress notes
• writing a note in the communication book
• writing a letter
• sending an email.
It is important to build an atmosphere of trust and respect in the workplace by:
• encouraging openness and tolerance between colleagues
• accepting people’s right to hold different points of view
• using constructive methods of conflict resolution
• maintaining appropriate confidentiality
• applying a willingness to be a “team player” – do your fair share of the work!
Q.24
Describe some of the issues that could prevent Sherrie and others in her workplace from being able to realise their workplace rights and responsibilities.
Employer responsibilities to the employee
The management has the following responsibilities to the employee:
• take reasonable care for your safety as an employee, for example, having safe working conditions and surroundings, as laid down by the Occupational Health and Safety Act
• do not expect you to carry out any duties not related to your position
• keep a record of the hours worked, wages paid, sick leave and holiday pay, and so on, which should be available to you on request
• develop and implement occupational health and safety practices and disseminate information to staff.
Employee responsibilities
You must:
• be ready and willing to work if work is available
• arrive at work on time and work the agreed number of hours
• carry out duties in a competent and careful manner
• follow the supervisors instructions
• behave properly at work
Areas in which you are protected are:
• award rates and conditions
• unfair dismissal
• sexual harassment
• affirmative action and equal opportunity
• occupational health and safety
• the right to join (or not to join) a union
• the right to a safe and pleasant working environment.
Your rights as a worker are directly related to your responsibilities as an employee, to the kind of behaviour which your employer, (who also has rights) is entitled to expect.
Q.25
What should Sherrie do if she identifies an issue that impacts on her rights and responsibilities in the workplace?
When you recognise another worker as behaving unethically, it is appropriate to discuss this with the worker directly. If that is not successful you may need to report the unethical conduct to someone in higher authority, such as a supervisor, coordinator, or director. This can be a very difficult situation, especially if it involves another team member or a colleague who you respect.
When reporting unethical conduct you need to be clear about:
• who was involved
• when the incident(s) occurred and who was present
• the grounds on which you believe the conduct to be unethical
• what actions you have taken (such as speaking directly to the worker or supervisor)
• policies and procedures – you need to follow protocol when making a report in order to direct your concerns to the most appropriate person.
You need to document details of the unethical behaviour clearly and professionally. You also need to clearly document the course of action you have taken and the reasons for that course of action.
If you are not sure what to do, always speak to your supervisor or another appropriate staff member. Remember that it is important to look after yourself and keep yourself safe in all situations. If you need support, ask for it!
If the person you reported the incident to does not take action or support you, you should report the incident to another manager, an external complaints service such as Health Care Complaints Commission (HCCC) or an advocacy service.
There are many ways unethical behaviour can be reported, including;
• speaking with someone face-to-face
• documenting in the progress notes
• writing a note in the communication book
• writing a letter
• sending an email.
It is important to build an atmosphere of trust and respect in the workplace by:
• encouraging openness and tolerance between colleagues
• accepting people’s right to hold different points of view
• using constructive methods of conflict resolution
• maintaining appropriate confidentiality
• applying a willingness to be a “team player” – do your fair share of the work!
Q.26
How should Sherrie handle unresolved conflict in her workplace?
The following is taken from a NSW Department of Health circular:
The NSW Health ‘Codes of Conduct’ which apply to all employees of the public health system, include:
Conflict of interest exists when it is likely that an employee could be influenced or could be perceived to be influenced, by a personal interest in carrying out their public duty . Conflicts of interest that lead to partial decision making may constitute corrupt conduct. (NSW Department of Health, December 2004)
Further…
Employees have a responsibility to:
not accept gifts, rewards, travel, meals from suppliers or individuals. (If refusal to accept a gift would offend or upset the giver, employees are expected to accept the gift, indicating that you are accepting the gift on behalf of the unit or Health Service for which you work and then follow procedures to report receiving the gift.)
treat all persons equally and fairly and not show preference to any individual or organisation.
declare a conflict of interest or potential conflict of interest to their immediate supervisor and/or the Chief Executive Officer, Director General or authorised delegate[s].
Examples of improper actions:
Going to the one supplier, who is a relative, without ensuring competitive prices are being obtained
Developing specifications that are directed at a particular suppliers product due to a personal association.
Receiving short supply of goods and paying full cost from a firm you have a financial interest in.
Rostering friends or relatives favourably to the disadvantage of other employees.
Promoting friends or relatives where other employees are more deserving.
Employing an applicant because of a personal association, where there are more deserving applicants.
Giving preferential treatment to patients/clients due to personal association at the expense of others.