Mark Dawes' Podcasts

This is about a care home, a residential care home, it's not a secure care home, and in this particular care home, they've got a service user that started to exhibit some quite extreme behaviour.

Now this only just started to happen, but what this service user does is he leaves the home and goes to a bridge and threatens to jump off the bridge into fast moving traffic.

So someone rang me up and said:

"What do we do about this because we're concerned about the advice we've been getting?"

This podcast covers the advice I gave them.

How liable are you if an inspectorate gives you illegal advice, which you feel pressurised to implement (due to the inspectorate possibly threatening to impose sanctions against your company) even if you know it will increase the risk to your staff and service users? This podcast answers that question.

This podcast is about vicarious liability and how it can affect you as a trainer, a training company and a organisations who may be commissioning training from a trainer or training company.

For example, who would be liable if an organisation commission an outside agency to deliver physical restraint training and the trainer (who the staff had no option but to go to) injured a member of staff on a course? Would it be just the trainer who is liable, or the training company or would the organisation who commissioned the training be liable?

Also, who would be liable if a company had a ‘no restraint’ policy and staff were instructed not to intervene to protect a patient or service user who was smashing their head against a wall?

And what about staff safety. Who is liable if staff are told that they cannot defend themselves if they are likely to be assaulted at work? Would it be the person who gave the instruction or the company who employed the person who gave the instruction, even if the company wasn’t aware that such an instruction had been given?

This is the second interview that I have done with Trevel, where we discuss the issues of the Non-Delegable Duty of Care, Vicarious Liability  and how that applies to training providers who sub-contract training and to organisations who commission training from training providers (as well as loads of other stuff!).

This is an interview that I did with Trevel Henry.

Trevel and I have known each other for many years and between us we probably have around 60 years experience (God that makes us sound old) in this industry so we'd thought we'd get around to doing a video together.

In this video we discussed lot of topics related to the use of force and violence in the workplace such as: No restraint/hands-on policies, staff training, Common Law, the Health and Safety at Work Act, staff training or lack of, whistleblowing, the basket-hold and single-person restraint, etc.

We also talked about some of the 'mad' things that we and other trainers have been told by staff that they say they have been told by other trainers and even managers in their workplace.

If any of you listening this want to contact Trevel then you can do so directly using this emato il - [email protected]

The Police Are Allegedly Threatening To Arrest if You Carry Handcuffs In Scotland

Why Do We Help So Many People?

The short answer to that question is because we like to. Simple really.

Also, many years ago I was told that you had to give before you could expect to receive and that has always stayed with me to this day.

But this is not just my thinking. This is the thinking of people far greater than me, such as Zig Ziglar, the Dali Lama, Vicktor Frankl, Napoloeon Hill, and many others.

But it  is a simple strategy. If you want to be successful, help others succeed. 

How Does a Lay Member of The Public Stand if They Use Force in A Public Place To  Prevent Another Person Seriously Injuring or Killing Themselves or Others?

13 Tips To Help You Become More Confident

I regularly meet people who tell me that they would love to this or that, but that they lack the confidence to do it, and this narrative holds them back, because they are already confident at doing certain things, but they over-generalise the 'I don't have the confidence' story into certain areas of their life. 

So, I have put together 13 simple tips that anyone can use to help them increase their confidence. 

And if you want to find out more about how we can help you improve your confidence on our instructor courses then check us out at www.nfps.info.

Enjoy.

PS: and please feel free to share!

Knowingly Recommending Equipment That Is Not Fit For Purpose

Who would be liable in an organisation is a trusted person was intentionally bringing in equipment that was not fit for purpose, in other words, it has not been industry tested or medically reviewed, and was, therefore, breaching Section 6 of the Health & Safety at Work Act 1974?

The short answer is that the company would be vicariously liable, which for means that the person bringing the equipment in, is not just acting dishonestly, but also (in my humble opinion) acting negligently and potentially fraudulently. 

It is also a betrayal of trust and a conflict of interest and it could potentially lead to someone being injured, that would highly likely not have happened if they had used the equipment that was fit for purpose.   

I'd be interested in your comments!