Choice of Carer Gender Policy and Procedure (CR05)
1.Purpose
1.1 This policy aims to promote the principles of dignity and respect by enabling Service Users to express a preference regarding the gender of those Care Workers who provide their Care.
1.2 To meet the legal requirements of the regulated activities that React Homecare is registered to provide:
The Gender Recognition Act 2004
The Care Act 2014
Equality Act 2010
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Human Rights Act 1998
Mental Capacity Act 2005
Mental Capacity Act Code of Practice
Data Protection Act 2018
2.Scope
2.1 The following roles may be affected by this policy:
o Registered Manager
o Care staff
2.2 The following service users may be affected by this policy:
o Service Users
2.3 The following stakeholders may be affected by this policy:
o Family
o Advocates
o Commissioners
o External health professionals
3.Objectives
3.1 To outline the choice that Service Users have in relation to the gender of staff who provide their Care.
3.2 To provide clarity to staff about their roles and responsibilities when providing Care to Service Users.
4.Policy
4.1 React Homecare believes that all of its Service Users should be treated with dignity and respect and offered services that are appropriate to both their age and their social and cultural beliefs. React Homecare is fully committed to upholding the Equalities Act and Human Rights Act.
In response to this, React Homecare believes that a Service User who is receiving personal care has a right to express a preference regarding the gender of the staff delivering their personal care. Where practical and realistically achievable, React Homecare will aim to meet this request.
4.2 React Homecare will ensure that before a service begins, the Service User's preference is recorded and if Care needs change this will be reviewed and documented.
4.3 React Homecare recognises that it may not always be possible to meet the request, and this will be discussed with the Service User.
4.4 React Homecare recognises that the Service User can withdraw their consent at any time.
4.5 All changes to Care will be explained in a way that is understandable to the Service User, and with agreed notice.
5.Procedure
5.1 The Service User will be asked, as part of the Care Planning process, if they have a preference regarding the gender of the Care Worker(s) assigned to support their needs.
5.2 The Service User will be given the information they need and the support they require to indicate a preference.
5.3 Where the Service User does not have capacity to make this choice, React Homecare will seek a best interest decision from the Service User's family, relevant advocate or other professionals.
5.4 Ordinarily, where no preference is known, and no representatives exist, React Homecare will assign a Care Worker of the same gender to the Service User.
5.5 The Service User's choice will be recorded on their Care Plan.
5.6 Arrangements will be made for staff of the appropriate gender to be available according to identified Service User needs or as a result of a best interest decision.
5.7 Risk Assessment
o A risk assessment will be undertaken to determine any risk associated with the Service User's preference, where it is deemed necessary by the Registered Manager
o If a risk assessment is being undertaken, then this will include the Service User and a multidisciplinary approach will be adopted to ensure that a range of views are accounted for
o If the results of this risk assessment determine that the Service User's choice cannot be met, then the reasons will be explained to the Service User, documented and reviewed when situations change
5.8 Staff Absence
Every effort must be taken to ensure that the Service User's preference is upheld. However, where the preference cannot be accommodated, such as in the case of staff absence or other mitigating circumstances, this must be discussed with the Service User before any Care is delivered.
5.9 Chaperone
Where a Care Worker or other health professional is delivering care or treatment to or carrying out an examination on a Service User of a different gender to themselves, the Service User will be given the opportunity, prior to the care, treatment or examination, to have a chaperone to support them.
5.10
Staff
Recruitment and Selection
It may be appropriate to recruit specifically, either male or female staff, in order to get a balance within a staff team which enables React Homecare to offer a meaningful choice to Service Users regarding the provision of personal care. React Homecare will work within the Equalities Act to ensure that any recruitment is undertaken fairly and without discrimination. React Homecare will ensure that, if required, it follows the Transgender Policy and Procedure.
6.Definitions
6.1 Gender to Gender Care
Support or care that is given by a female Care Worker to a female Service User, or by a male Care Worker to a male Service User
6.2 Best Interest Decision
A decision made in the interest of the Service User where they do not have capacity to make a decision themselves. This could involve family members, representatives, advocates, health and social care professionals
6.3 Chaperone
A chaperone is an independent person, appropriately trained, whose role is to independently observe the examination/procedure undertaken by the doctor/health professional to assist the appropriate doctor/patient relationship
6.4 Protected Characteristics
The Equality Act 2010 sets out 'characteristics' which should not be discriminated against. These are:
age
disability
gender reassignment
race
religion or belief
sex
sexual orientation
marriage and civil partnership
pregnancy and maternity
Key Facts – Professionals
React Homecare will enable Service Users to indicate a preference regarding the gender of the staff member who provides their Care
Where the Service User does not have the capacity to make this decision, a best interest decision will be made. This may involve professionals who know the individual
Where a male Care Worker is caring for a female Service User, or a female Care Worker is caring for a male Service User, a chaperone will be offered
Key Facts – People affected by the Service
React Homecare will ask you, as part of your Care Planning, if you have a preference as to whether your Care is provided by a male or a female Care Worker
React Homecare will support you to make sure that you have the information and help you need to make your own decision
React Homecare will ensure that if you have a preference, your choice is met
You can withdraw your consent for a Care Worker at any time
If for some reason there are occasions where this is not possible, you will be told as soon as possible
Outstanding Practice
Evidences that:
Care Plans clearly show the Service User's involvement when choosing the gender of Care Workers
Rotas and allocation records demonstrate Care Worker compliance with Service User choice
There is a culture of understanding and respecting Service User choice, as well as enabling individuals to make choice in daily life
Date Policy Reviewed
20th January 2020
13th January 2021
01.08.2022
Signature of Reviewer
D Woolley
D Woolley
K Hooper