CHW214-People Taking Positive Risks Policy

Registration Number: {{org_field_registration_no}}

People Taking Positive Risks Policy

1. Purpose

The purpose of this policy is to outline {{org_field_name}}’s commitment to supporting residents in making choices that involve positive risk-taking while ensuring their safety and well-being. This policy aligns with Care Inspectorate Wales (CIW) regulations and the Social Services and Well-being (Wales) Act 2014, which emphasises the rights of individuals to have control over their lives and make informed decisions. It provides clear guidance for staff on how to assess, manage, and support residents in taking calculated risks that enhance their quality of life, independence, and dignity.

2. Scope

This policy applies to all residents, staff, agency workers, families, and external professionals involved in care planning at {{org_field_name}}. It ensures that all positive risk-taking decisions are made collaboratively, balancing individual rights with duty of care. This policy applies to all areas of daily living, including mobility, activities, diet, medication self-administration, and relationships, ensuring a person-centred approach to care.

3. Principles of Positive Risk-Taking

Positive risk-taking is the process of balancing the benefits and risks of a particular choice to enable residents to live fulfilling lives. The following principles underpin {{org_field_name}}’s approach to positive risk-taking:

Person-centred decision-making: The resident’s wishes, feelings, and autonomy must be prioritised in all risk-related decisions.
Proportionate risk management: Risk assessments should be proportionate to the level of risk and should not be overly restrictive.
Collaboration and shared responsibility: Decisions should be made with input from the resident, staff, families, and professionals.
Empowerment and informed choice: Residents must be supported with clear information to make decisions confidently.
Balancing safety with quality of life: Overprotection can be as harmful as underprotection; staff should focus on enabling residents rather than restricting them.

4. Managing Positive Risk-Taking

4.1 Identifying Opportunities for Positive Risk-Taking

Residents should be encouraged to take part in meaningful activities and experiences that enhance their well-being, even if some risks are involved. Common areas where positive risk-taking may apply include:

Engaging in community activities, hobbies, or social events.
Walking independently or with assistance outdoors.
Choosing to eat certain foods that may pose choking or dietary risks.
Self-administering medication where appropriate.
Developing new relationships and making personal decisions about friendships or intimacy.

Staff must work closely with residents to explore these opportunities while considering their individual needs, preferences, and potential risks.

4.2 Risk Assessment and Management

Each positive risk-taking decision must be supported by a structured risk assessment. The assessment should include:

The resident’s perspective and informed consent.
The benefits of taking the risk.
The potential risks and their severity.
Strategies to mitigate risks without unnecessary restrictions.
Contingency planning in case the risk results in harm.

Risk assessments should be proportionate, and wherever possible, less restrictive alternatives should be explored to enable the resident’s choice. The Risk Management and Assessment Policy (CHW18) should be followed to ensure consistency.

4.3 Informed Decision-Making and Consent

Residents must be fully informed of the risks involved in their choices. Staff must ensure that:

Information is provided in an accessible format that meets the resident’s communication needs.
Residents understand the risks and benefits of their decisions.
If a resident lacks capacity, decisions are made following the Mental Capacity and Deprivation of Liberty Safeguards Policy (CHW39), ensuring adherence to the Mental Capacity Act 2005.
Families and advocates are involved where appropriate, ensuring the resident’s best interests are upheld.

4.4 Balancing Duty of Care and Autonomy

Staff have a legal duty of care to protect residents from harm, but this must be balanced with respecting their autonomy. Staff must:

Avoid making assumptions about risk based on age or disability.
Recognise that risks can be minimised but not eliminated entirely.
Use a “least restrictive” approach, ensuring that residents retain as much control over their lives as possible.
Document all discussions and decisions to evidence that the resident’s rights have been respected.

4.5 Supporting Staff to Enable Positive Risk-Taking

All staff at {{org_field_name}} receive training on positive risk-taking to ensure they:

Understand the legal and ethical framework around positive risk-taking.
Have the skills to support residents in making informed choices.
Feel confident in discussing risk with residents, families, and external professionals.
Are aware of safeguarding responsibilities and how to manage risk safely.

4.6 Managing and Reviewing Positive Risk Decisions

All risk decisions should be reviewed regularly to assess their effectiveness and whether any adjustments are needed. The review process should include:

Regular discussions with the resident to check their experience and satisfaction.
Feedback from families and external professionals.
Monitoring of incidents, near-misses, or unexpected outcomes.
Revising risk management plans where necessary.

5. Safeguarding Considerations and Reporting

While positive risk-taking is encouraged, staff must remain vigilant to safeguarding concerns. If a resident’s decision places them at serious risk of harm or exploitation, staff must follow the Safeguarding Adults from Abuse and Improper Treatment Policy (CHW13). Any incidents related to positive risk-taking should be recorded and, where required, reported to {{org_field_local_authority_authority_name}} in accordance with safeguarding protocols.

6. Communicating Positive Risk-Taking to Residents and Families

It is essential to ensure that residents and their families understand the principles of positive risk-taking. This will be achieved through:

Holding regular meetings with residents and families to discuss decision-making.
Providing written guidance and easy-read materials on positive risk-taking.
Encouraging open discussions on risk and personal choice.
Addressing any concerns or objections from families by explaining the balance between safety and autonomy.

7. Related Policies

This policy should be read in conjunction with:

Risk Management and Assessment Policy (CHW18) for structured risk assessment processes.
Safeguarding Adults from Abuse and Improper Treatment Policy (CHW13) to ensure residents are not exposed to unnecessary harm.
Mental Capacity and Deprivation of Liberty Safeguards Policy (CHW39) for guidance on supporting residents who may lack capacity.
Safe Care and Treatment Policy (CHW11) for best practices in managing residents’ health and well-being.
Health and Safety at Work Policy (CHW16) for managing workplace risk and ensuring staff safety while supporting residents.

8. Policy Review

This policy will be reviewed annually or sooner if regulatory changes, incidents, or operational needs require it. Staff will receive refresher training as needed, and any updates will be communicated clearly to ensure continued compliance with CIW regulations.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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