Duty of care

A provider’s responsibility to take reasonable steps to keep people safe from harm, balanced with dignity of risk.

What it means

Duty of care is the responsibility a provider and its workers have to take reasonable steps to keep the people they support safe from foreseeable harm. If a risk to someone's safety or wellbeing can reasonably be anticipated, those supporting them are expected to act sensibly to prevent or reduce it. This is a basic part of providing safe, quality support.

The key word is reasonable. Duty of care does not mean removing every possible risk from a person's life or making decisions for them. It sits alongside a person's dignity of risk and their right to make their own choices. Because of this, duty of care should not be used as a reason to unnecessarily restrict what a person can do.

In practice

In everyday support, duty of care shows up in things like following safe procedures, responding appropriately if someone is unwell, keeping the environment safe, and speaking up about concerns. Workers are expected to notice foreseeable risks and take sensible action rather than ignoring them.

At the same time, workers balance this responsibility with respect for the person's choices. Instead of simply saying no to something that carries risk, good support means giving honest information, helping the person understand the situation, and finding ways to manage the risk so the person can still make their own decision. The goal is safety and freedom together, not one at the expense of the other.

A real example

For example, Aisha told her support worker she wanted to go swimming at the local pool. Rather than refusing because of the risk, the worker checked that lifeguards were on duty, talked with Aisha about staying in the shallow area she was comfortable in, and stayed nearby. Aisha enjoyed her swim safely while still making her own choice.

Duty of care — FAQs

What is duty of care in disability support?
Duty of care is the responsibility a provider and its workers have to take reasonable steps to keep the people they support safe from foreseeable harm. It means noticing risks that can reasonably be anticipated and acting sensibly to prevent or reduce them. It is a basic part of safe, quality support, but it is always balanced against a person's right to make their own choices.
How is duty of care balanced with dignity of risk?
Duty of care keeps people safe from foreseeable harm, while dignity of risk protects their right to make choices and take reasonable risks. The two are held together rather than one overriding the other. Good support means helping a person understand and manage a risk instead of simply forbidding it, so they stay reasonably safe while still living the life they choose.
Can duty of care be used to restrict my choices?
Duty of care should not be used to unnecessarily restrict your choices. It is about taking reasonable steps against foreseeable harm, not about controlling your everyday decisions or over-protecting you. Where a genuine, serious risk exists, supporters may act to keep you safe, but the aim is to manage risk with you. Your dignity of risk and right to decide still matter.
Who has a duty of care?
Both providers and their individual workers have a duty of care towards the people they support. Providers set safe systems, procedures and training, while workers apply reasonable care in their daily support. This shared responsibility means everyone involved should notice foreseeable risks and act sensibly, while still respecting the person's choices and avoiding unnecessary restrictions on how they live.
What happens if duty of care is not met?
If reasonable steps are not taken and a person is harmed by a foreseeable risk, the provider or worker may be found to have breached their duty of care. This can lead to complaints, investigation or other consequences, and most importantly it can cause avoidable harm. Meeting duty of care well means acting sensibly on foreseeable risks while still respecting the person's choices and independence.

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