Mark Hodgkinson Adult Protection and Review Officer 2014 Information Sharing and Communication and Assessing Risk

Mark Hodgkinson Adult Protection and Review Officer 2014 Objectives Information Sharing and Communication 1.To help participants understand what information can and should be shared about adults when they are concerned about their wellbeing/safety etc 2.To identify the obstacles to effective information sharing 3.To provide participants with a clear understanding of the legislative and policy background.

Mark Hodgkinson Adult Protection and Review Officer 2014 Information Sharing and Communication Objectives Help participants share information appropriately in the context of adult protection To identify obstacles to proper sharing of information To provide legislative and policy background

Mark Hodgkinson Adult Protection and Review Officer 2014 Before Adult Protection Much was already in place: National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1991 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Mental Health (Care and Treatment) (Scotland) Act 2003 Protection of Vulnerable Groups (Scotland) Act 2007 Various powers to Trading Standards

Mark Hodgkinson Adult Protection and Review Officer 2014 But Then: “The Borders Case” Women with learning disabilities left harmed, abused and unprotected. Findings of the Lothian and Borders Inquiry: Failure to investigate very serious abuse Acceptance of squalid living conditions Failure to balance protection and freedom to choose Failure to financially protect the vulnerable Unwillingness to confront aggression Lack of communication with clients Poor record keeping No care plans or risk assessments No training Failure to understand responsibilities of professionals. There was a lack of information-sharing

Mark Hodgkinson Adult Protection and Review Officer 2014 But then: Déjà Vu The Report of the Committee of Inquiry into the Care and Supervision Provided in Relation to Maria Colwell chaired by Thomas Gilbert Field Fisher, a Recorder of the Crown Court, identified three main contributory factors: the lack of communication between the agencies who were aware of her vulnerable situation; inadequate training for social workers assigned to at-risk children; and changes in the make-up of society

Mark Hodgkinson Adult Protection and Review Officer 2014 Following the Lothian and Borders Inquiry there was the intention, through legislation to: Provide a way of stopping abuse of more vulnerable people Protect adults at risk of harm Improve work between key agencies

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Support and Protection (Scotland) Act 2007 General Principles (Section 1 and 2) Defines “adults at risk” (Section 3) Duty to Inquire (investigate) (Section 4) Duty to refer and co-operate (Section 5) Protection orders (11, 14 and 19) Access to documents (Section 10)

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act General Principles Only Intervene if satisfied; Will provide benefit, unlikely without intervention Is the least restrictive available to achieve objective Interventions must have regard to; Views of adult (past and current) Nearest relative/primary carer/guardian Fullest possible participation of adult (assisted if necessary) Adults background, ethnicity, abilities, etc.

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act Adults at Risk (3 point test) At risk of harm (as defined in the act) Cannot protect themselves or their property More vulnerable than others as a consequence or disability, mental disorder, illness or physical or mental infirmity

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act Definition of Harm Another persons conduct is causing or is likely to cause an adult harm. The adult is engaging in (or is likely to) conduct which causes self harm.

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act Duty to refer and co-operate Section 5(3) states: where it is known or believed that someone is an adult at risk and that action is needed to protect that person the public body or office holder must report the facts and circumstances of the case to the council for the area in which it considers the person to be Section 49 Obstruction makes it an offence to stop adult protection inquiries proceeding in certain aspects

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act Duty to Inquire When must a local authority start doing a dult protection inquiries (investigations)?

Mark Hodgkinson Adult Protection and Review Officer 2014 Adult Protection Act Protection Orders Assessment – Local Authority can take an adult to a specific place to find out if they are “at risk” and if so what must be done Removal – Local Authority can remove an adult at risk from a specific place to prevent serious harm Banning – Local Authority can apply to ban someone from a specific place to protect and adult at risk from serious harm

Mark Hodgkinson Adult Protection and Review Officer 2014 Principles of Act and Protection Orders Regard the views of the adult Cannot get a protection order unless adult consents Or Adult is subject to undue pressure Or Adult lacks the capacity to consent (arguable)

Mark Hodgkinson Adult Protection and Review Officer 2014 Communication Why is it important? Co-ordination of protective measures Learn from and build trust with the adult at risk Learn from and build trust with others – family/other agencies

Mark Hodgkinson Adult Protection and Review Officer 2014 Adults at risk of harm should be able to: Report abuse Understand things that have happened Recognise abuse Get support and information Make their views clear

Mark Hodgkinson Adult Protection and Review Officer 2014 Adults at risk of harm should be able to: Report and recognise abuse Where might this be a problem? What should we be doing to make this likely to happen when abuse takes place?

Mark Hodgkinson Adult Protection and Review Officer 2014 Good Communication Clear words Use of aids (special needs) Suitable accommodation Giving of clear information Not just what we say but how we say it Non-verbal communication

Mark Hodgkinson Adult Protection and Review Officer 2014 Obstacles to communication and information sharing Brainstorm in groups Ignorance of/Misunderstanding of: Data Protection legislation Human Rights legislation Client/patient confidentially Personal skills

Mark Hodgkinson Adult Protection and Review Officer 2014 Information Sharing Examples of Information Sharing Failure Lothian and Borders Case Director/Assistant Directors lost jobs Abuse went on at length, un-investigated but not unreported (more important)

Mark Hodgkinson Adult Protection and Review Officer 2014 Soham Murders and Bichard Inquiry Holly Wells and Jessica Chapman murdered by Ian Huntley (School Janitor) Huntley accused of 9 sex offences Social work knew of 3 allegations of underage sex against Huntley but did nothing Data Protection Act – NOT TO BLAME

Mark Hodgkinson Adult Protection and Review Officer 2014 Caleb Ness / Victoria Climbie 8 year old and 11 year old murdered “arrangements for protection depend on the key agencies, health, police and social services working together – in this case they did not” “failure to undertake a risk assessment” Agencies tended to “make assumptions as regards knowledge/training/actions of others”

Mark Hodgkinson Adult Protection and Review Officer 2014 How can we improve our Information Sharing and Communication Make it the norm to share Help people understand they are part of the adult protection / Public protection systems (all agencies)

Mark Hodgkinson Adult Protection and Review Officer 2014 ASP1 – record of an adult protection investigation See Handout in pack

Mark Hodgkinson Adult Protection and Review Officer 2014 Legal Framework – Sharing Information in Adult Protection 1. Adult Protection Act 5 (1) “……Must co-operate with council adult protection inquiries and 5. (3) if a public body knows or believes that a person is an adult at risk they “must report the facts of the case to the council”

Mark Hodgkinson Adult Protection and Review Officer 2014 Senior Policy Officer – Information Commissioners Office, Edinburgh Input on Human Rights and Data Protection

Mark Hodgkinson Adult Protection and Review Officer 2014 From Jasmine Beckford, Marie Colwell to the Borders Inquiry and Baby P, Every inquiry has found a failure to communicate and share information None have found fault in agencies sharing too much