Duty of Care
Course Overview
Duty of care is one of the most misunderstood concepts in health and social care. Not because it is complicated in theory, but because in practice it creates genuine tensions that care workers are expected to navigate without always having been given the tools to do so.
The most significant of those tensions sits at the intersection of duty of care, mental capacity, and positive risk. A person has the right to make decisions about their own life, including decisions that carry risk. A care worker has a responsibility to keep people safe. When those two things pull in opposite directions, what does duty of care actually require? The answer is not to override the person’s autonomy in the name of protection. And it is not to step back entirely in the name of respecting choice. It is to hold both things simultaneously, with a clear understanding of the legal and ethical framework that governs the decision.
That framework is what this course builds. It gives care workers a grounded, practical understanding of what duty of care means in their role, how it connects to the Mental Capacity Act 2005 and its core principles, and how positive risk-taking fits within a duty of care framework rather than in opposition to it. It addresses the moments where care workers freeze because they are not sure whether acting is their place, and the moments where well-meaning overprotection removes choice, dignity, and independence from the people they support.
This course maps directly to Care Certificate Standard 3 (Duty of Care) as updated in 2025, which strengthened the criteria around balancing rights and responsibilities, dilemmas in duty of care, and the relationship between duty of care and person-centred practice. It aligns with the expectations of the Care Quality Commission under Regulation 12 (Safe Care and Treatment) and Regulation 9 (Person-Centred Care), and with the legal framework established by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the Care Act 2014.
Course Details
- Duration: Half day, adaptable to requirements
- Delivery: In-person at your venue, or live online via Zoom or Microsoft Teams
- Certificate: CPD-accredited certificate of achievement in Duty of Care
- Refresher: Every 1 to 3 years, or sooner, following changes to policy or legislation
- Group size: Flexible for team training
Who This Course Is For
This course is right for anyone working in health and social care whose role involves making decisions, responding to concerns, or supporting individuals with their day-to-day lives, including:
- Care assistants and support workers in care homes, supported living, and domiciliary care
- Senior carers and team leaders
- Residential, nursing home, and community care staff
- Staff supporting individuals with additional needs, vulnerabilities, or complex decision-making capacity
- New starters completing the Care Certificate, including alignment to the updated Standard 3
- Experienced staff who want a structured framework for the duty of care dilemmas they encounter in practice
No prior knowledge is needed, and this course is as valuable for experienced staff as it is for new starters.
Why This Training Matters
Duty of care is a legal and ethical obligation that sits at the heart of everything a care worker does. Under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, registered providers must ensure that care is delivered safely and in a way that protects the welfare of individuals. Under the Care Act 2014, the wellbeing principle requires that care and support promote individual wellbeing, which includes not just safety but dignity, autonomy, and the right to make decisions about one’s own life.
These two obligations do not always point in the same direction, and that is precisely where duty of care becomes difficult in practice.
The Mental Capacity Act 2005 is clear that every adult must be assumed to have capacity to make their own decisions unless it is established that they do not. It is equally clear that an unwise decision is not evidence of lacking capacity. A person who chooses to eat a diet that is not recommended, refuses a recommended intervention, or takes a risk that makes their care worker uncomfortable is, in most cases, exercising their legal right to self-determination. A care worker who overrides that choice in the name of duty of care is not fulfilling their duty. They are breaching it.
At the same time, a care worker who steps back entirely from concern in the name of respecting choice, without applying a proper risk framework or escalating appropriately, is also failing in their duty. The space between those two failure modes is where good practice lives, and it requires training to navigate it confidently.
Positive risk-taking is part of that framework. The principle, supported by Skills for Care workforce guidance and embedded in the 2025 Care Certificate Standard 3 update, is that risk is not something to be eliminated but something to be understood, communicated, and managed in a way that preserves the individual’s right to a full life. A care worker who understands this is a care worker who can hold the tension between safety and autonomy without defaulting to either extreme.
CQC inspectors ask directly about how staff balance duty of care with individual rights and choices. A team that can articulate that balance clearly and demonstrate it in practice is a team that reflects well on the service at inspection.
What You Will Learn
By the end of the session, learners will be able to:
- Define duty of care and explain what it means in the context of their specific role
- Explain how duty of care aligns with Care Certificate Standard 3 (2025 update) and the legal framework governing care practice
- Recognise the core principles of the Mental Capacity Act 2005 and understand how they interact with duty of care responsibilities
- Identify the dilemmas that arise when an individual’s right to make their own choices conflicts with the care worker’s responsibility to keep them safe
- Apply a positive risk-taking approach that supports autonomy and independence within an appropriate safety framework
- Recognise situations where duty of care may be at risk of being breached, either through inaction or overprotection
- Follow policies, procedures, and escalation routes correctly when concerns arise
- Understand the relationship between duty of care, dignity, safeguarding, and person-centred practice
- Reflect on their own decision-making and build confidence in navigating duty of care dilemmas
Course Content
Content is adapted to your setting and team, but typically covers:
- What duty of care is and what it means in everyday care practice
- The legal framework: Health and Social Care Act 2008, Care Act 2014, and CQC regulatory expectations
- Care Certificate Standard 3 (2025 update): what the updated criteria require and how this course maps to them
- Duty of care and the Mental Capacity Act 2005: the five core principles and how they shape duty of care decisions
- The duty of care dilemma: when the right to choose and the responsibility to protect pull in opposite directions
- Positive risk-taking: what it means, why it matters, and how to apply it within a clear risk framework
- Roles, responsibilities, and accountability: what duty of care requires of different roles within a care team
- Recognising unsafe or poor practice: what to do when something does not feel right
- Reporting, escalation, and whistleblowing: following the correct routes and understanding why they exist
- Record keeping and communication: documenting duty of care decisions clearly and accurately
- Reflective practice: examining real scenarios and building confidence in duty of care decision-making
How the Course Is Delivered
Sessions are practical, reflective, and built around the real dilemmas care workers face. The aim is not just knowledge of what duty of care means but genuine confidence in applying it when the situation is not straightforward.
Delivery includes:
- Scenario-based discussion covering the tension between duty of care, mental capacity, and positive risk
- Reflective exercises that ask learners to examine their own decision-making instincts and where they come from
- Practical application of the Mental Capacity Act principles to real care situations
- Honest conversation about the moments when duty of care feels unclear and what to do in those moments
- Time for questions, because duty of care dilemmas are rarely hypothetical for the people in the room
Certification and Validity
On completion, learners receive a CPD-accredited certificate of achievement in Duty of Care.
A refresher is recommended every 1 to 3 years, or sooner following changes to policy, legislation, or workplace practice. For organisations delivering the Care Certificate to new starters, this course directly supports evidence against updated Standard 3. For services where duty of care dilemmas are frequent, building regular refreshers into the supervision and development cycle is good practice.
In-House and Bespoke Training
We adapt delivery to your setting, your team, and the specific duty of care challenges your staff encounter.
We can build content around:
- The specific duty of care dilemmas most common in your service, including those involving mental capacity, positive risk, and safeguarding
- Your internal policies, reporting routes, escalation procedures, and whistleblowing framework
- Care Certificate Standard 3 alignment for new starter induction programmes, reflecting the 2025 updated criteria
- Services where capacity and autonomy are particularly complex, such as dementia care, learning disability services, or mental health settings
- Combined delivery with Safeguarding Adults, Mental Capacity Act, Person-Centred Care, or Dignity in Care for a joined-up programme
Course Location and Service Areas
We deliver in-house training at your workplace or chosen venue across Manchester, Greater Manchester, and the wider North West. We also deliver nationally, including North England, South England, London, and Surrey.
For teams in multiple locations or with remote workers, this course is available live online via Zoom or Microsoft Teams, with no drop in quality or interaction.
All sessions are led by experienced Prima Cura Training instructors. Every trainer holds an Enhanced DBS certificate.
FAQs
What is the difference between duty of care and overprotection?
Duty of care requires care workers to take reasonable steps to keep people safe and promote their well-being. It does not require them to prevent every possible risk or override an individual’s right to make their own choices. Overprotection, where a care worker removes choice or autonomy in the name of keeping someone safe, is itself a breach of duty of care because it fails to respect the individual’s dignity, rights, and legal entitlement to self-determination. This course addresses that distinction directly and gives care workers a framework for holding both responsibilities simultaneously.
How does the Mental Capacity Act 2005 relate to duty of care?
The Mental Capacity Act 2005 establishes that every adult must be assumed to have capacity to make their own decisions, and that an unwise decision is not evidence of lacking capacity. Duty of care must be exercised within that framework. A care worker cannot override an individual’s decision simply because they disagree with it or believe it carries risk. Understanding where the Mental Capacity Act’s core principles sit in relation to duty of care responsibilities is one of the most important things this course develops.
What is positive risk-taking, and does this course cover it?
The Mental Capacity Act 2005 establishes that every adult must be assumed to have capacity to make their own decisions, and that an unwise decision is not evidence of lacking capacity. Duty of care must be exercised within that framework. A care worker cannot override an individual’s decision simply because they disagree with it or believe it carries risk. Understanding where the Mental Capacity Act’s core principles sit in relation to duty of care responsibilities is one of the most important things this course develops.
Does this course align with the updated 2025 Care Certificate Standard 3?
Yes. This course maps directly to Care Certificate Standard 3 (Duty of Care) as updated in 2025, which strengthened the criteria around duty of care dilemmas, the balance between rights and responsibilities, and the relationship between duty of care and person-centred practice. For organisations delivering or assessing the Care Certificate, this training reflects those updated requirements and supports evidence against Standard 3 for new starters.
What should a care worker do when they are unsure whether something is their responsibility to act on?
If something does not feel right, it is always appropriate to raise it. Duty of care does not require a care worker to be certain before escalating a concern. It requires them to act reasonably, which includes reporting uncertainty to a senior colleague rather than absorbing it alone. This course builds confidence in that decision and gives learners a clear framework for knowing when and how to escalate.
Related Courses
Book or Enquire
To book Duty of Care Training or request a quote for your team, use the enquiry form on this page or contact us directly.
Our Commitment to Quality and Compliance
At Prima Cura Training, all courses reflect current UK guidance and best practice.
All trainers are experienced professionals with relevant qualifications and ongoing CPD. Because many of the organisations we support work with vulnerable individuals, all trainers hold Enhanced DBS checks.
This course is reviewed against updates from the Care Quality Commission, Skills for Care, and current UK legislation, including the Mental Capacity Act 2005, the Care Act 2014, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and the Public Interest Disclosure Act 1998. Content is also reviewed against the Skills for Care Care Certificate 2025 update, specifically Standard 3 (Duty of Care).
You can read more on our Quality Assurance and Compliance page.
Reviewed by Stephanie Austin, Owner and Lead Trainer, Prima Cura Training 25+ years in health and social care | 15+ years as a trainer | Last reviewed: April 2026 | Next review: April 2027
This page is for general guidance only and reflects current UK legislation, CQC regulatory requirements, and sector best practice as of the date of review. It does not constitute legal advice. Duty of Care Training is a practice development course and does not replace organisational policies, codes of conduct, or professional registration requirements. Decisions involving mental capacity, deprivation of liberty, or complex risk must be made in accordance with the Mental Capacity Act 2005, the organisation’s policies, and, where necessary, with appropriate legal or clinical advice. Care workers must always act within their role and in accordance with their organisation’s policies and procedures. Prima Cura Training accepts no liability for decisions made on the basis of this content alone.
