Care Act 2014 Consultation Webinar For the Safeguarding Adults Return (SAR) and Surveys Collections January 2015

What is the Care Act? 2 Act of law, passed by parliament in May 2014 Represents significant changes to the law regarding the care and support of adults Includes new laws about safeguarding: –Section 42: Duty to make safeguarding enquiries –Section 43: Duty to have Safeguarding Adults Boards –Section 44: Duty to have Safeguarding Adults Reviews –Section 45: Duty to share information For more information:

Why are we doing a consultation? 3 HSCIC data collections need to be updated to reflect new policy and practice HSCIC has to consult with stakeholders to agree what changes are necessary and actionable How were the SAR proposals developed? Care Act 2014 Statutory Guidance released in October guidance-for-implementation Draft proforma designed through collaboration between HSCIC and SAR working group Number of versions drafted and reviewed

How can I respond to the consultation? 4 Go to the HSCIC consultation website: requirements-for-the-Safeguarding-Adults-Return-and-Adult-Social- Care-User-and-Carer-Surveys-in-response-to-the-Care-Act

Read the support document 5

Respond online, by or by post 6

Support with responding to the consultation 7 Safeguarding Queries the mailbox: Speak to Emma Hodges: Survey Queries the mailbox:

Surveys Collections Jonathan Kilworth

Surveys 9 Adult Social Care Survey Every year, includes service users aged 18 and over in receipt of services funded wholly or in part by Social Services. Survey of Adult Carers in England Every two years, includes those aged 18 or over, caring for someone aged 18 or over in receipt of services funded wholly or in part by Social Services. Possible Topics to Consider Wellbeing: the surveys ask questions about Quality of Life; does/should the survey address wellbeing and if so, how? Choice: should the surveys address people’s perception of how much choice they are being given, for example via personal budgets? Short term and Preventative Support: what should the proposed survey of short term support cover, how should it be carried out, if the two existing surveys continue? Consultation respondents: help the consultation reach the appropriate audience! For example, your commissioning team may have a useful and different perspective on surveys in relation to the Care Act. the team responsible for surveys.

Safeguarding Collection Emma Hodges

11 Terminology used in the consultation Safeguarding Concern Definition: The first conversation between a person concerned about abuse or a risk of abuse and a council colleague. Must be judged to be a safeguarding issue by the council colleague receiving the information to be counted as a safeguarding concern in SAR. Note: A conversation might not be necessary if the person identifying abuse works for the council and also carries out the necessary safeguarding. This should still be counted as a safeguarding concern.

12 Terminology used in the consultation Safeguarding Enquiry Definition: The enquiries and actions (if any) instigated by the council safeguarding function AFTER receiving a safeguarding concern. Must be confirmed as a safeguarding issue by the council safeguarding function to be counted as a safeguarding enquiry in the SAR.

Notes on safeguarding enquiries 13 An Enquiry begins when enquiries are instigated and ends when all necessary enquiries are complete and all necessary actions have been agreed (if any). Enquiries are not the same as referrals Enquiries can be formal or informal The old local safeguarding thresholds no longer apply New universal threshold – Safeguarding enquiries must be instigated if the adult meets the section 42 criteria Councils are likely to carry out some safeguarding enquiries for adults who don’t meet the section 42 criteria

Process Example - Safeguarding Concerns 14 Council colleague agrees it is a safeguarding issue = 180 Safeguarding Concerns First conversation between the person who identified a concern and the council contact centre / safeguarding function Council colleague does not agree it is a safeguarding issue = 20 Non Safeguarding Concerns 100 concerns identified by care professionals 100 concerns identified by general public

15 Confirmed cause for concern = 160 Safeguarding Enquiries SG function instigate enquiries (fact finding) From this point forwards they are classed as an enquiry. HOWEVER, may not all turn out to be safeguarding enquiries Unconfirmed / unrelated to safeguarding = 20 Non Safeguarding Enquiries 180 safeguarding concerns received by council SG function Process Example - Safeguarding Enquiries

There are 2 types of Safeguarding Enquiries Safeguarding Enquiries managed by the council safeguarding function 130 cases YES = Statutory / S42 Safeguarding Enquiries Type is determined by section 42 of the care act. Have all the section 42 criteria been met? The council suspect abuse / risk of abuse The adult has care and support needs The adult is unable to protect themselves 30 cases NO = Non Statutory / Other Safeguarding Enquiries

Safeguarding Proposals

Key things to bear in mind 18 Usefulness questions - We are asking if it is useful to see this data at a national level not if it is useful to collect locally. Cost questions - Referring to the compilation and reporting of new or amended data items not the operational costs of becoming Care Act compliant. The proforma will be available at the end of March 2015 We don’t expect local systems to be ready to accommodate all of these proposals in April 2015.

Proposal 1- Demographic tables Current return SG1 tables collect counts of individuals involved in referrals that were opened during the reporting year Split out by whether individuals known to CASSR and different demographics – age, gender etc.

Proposal 1 – Demographic tables Proposed return Keep the age and gender categories Remove the known and unknown to CASSR categories (see proposal 10 of the consultation to give your opinion on this topic) Replace with metrics determined most useful by the consultation (see proposal 1 of the consultation to give your opinion on this topic) These changes will apply to all SG1 tables 20

Proposal 2 – Case detail tables Current return SG3 tables collect counts of allegations from referrals that concluded during the year SG3 tables include information about the type of risk, location of risk, case conclusions, the action and result of the referral. Each of these tables are currently split out by the source of risk 21

Proposal 2 – Case detail tables 22 Proposed return For all of the SG2 tables, should we collect counts of: –All enquiries –Just the statutory enquiries –Both statutory and non statutory enquiries The first two options would generate 3 columns of data per table The third option would generate 6 columns per table

Proposal 3 – Mental capacity table 23 Current return SG6 table collects counts of referrals that concluded during the year Proposed return SG3 mental capacity table to follow the same structure as current return Decision needs to be made about which metric or metrics to collect: –All enquiries –Just the statutory enquiries –Both statutory and non statutory enquiries The first two options would generate 1 table of mental capacity data The third option would generate 2 tables of mental capacity data

Proposal 4 – Source of risk categories 24 Current return SG3 tables have 3 categories for the source of risk Proposed return Change the ‘Social Care Support’ category to ‘Service Provider’ To encompass both health and social care workers rather than isolate social care workers

Proposal 5 – Type of abuse categories 25 Current return SG3a table collects the following categories: –Physical Abuse –Sexual Abuse –Psychological Abuse –Financial or Material Abuse –Discriminatory Abuse –Organisational Abuse –Neglect and Acts of Omission Proposed return Continue to collect the above categories In addition to these, should we also collect the following new categories: –Domestic Abuse –Modern Slavery –Self-neglect –Sexual Exploitation NB – Some categories overlap each other. A safeguarding incident could be labelled as one or more of these types of abuse. Councils should record all types of abuse that are applicable to each enquiry.

Proposal 6 – Risk tables 26 Current return The categories in table SG3c combine information about the action taken and result of action taken Issue with current return Not enough options in the table to cover all eventualities Examples: –Action may be taken even if no safeguarding risk is identified (adult at risk could be referred for care assessment or review) –A risk could be identified but no action is taken (source of risk might pass away therefore removing the risk)

Proposal 6 – Risk tables 27 Proposed return Separate the information about action taken and the result of action taken Have two tables on this topic area rather than one Table SG2e would only include cases where a risk was identified

28 Proposal 7 – Action table Current return The type of action taken as a result of the safeguarding concern is not currently collected Proposed Return It might be useful to have a table of actions If people agree with this, which actions should we include?

Proposal 8 – Case conclusion table 29 Current return Table SG3d collects information about case conclusions Proposed return It is proposed that case conclusions are no longer collected Case conclusions are felt to be out of step with current policy Outcome measures should focus on the wishes of the individual

Proposal 9 – Making Safeguarding Personal (MSP) 30 Making Safeguarding Personal MSP is about having conversations with people about how we might respond in safeguarding situations Aims to enhance involvement, choice and control as well as improving quality of life, wellbeing and safety. The Care Act advocates a person centred rather than process driven approach Current return Information about MSP is not currently collected Proposed Return It might be useful to collect data on MSP

Proposal 10 – Known to CASSR 31 Current return As discussed in proposal 1, the SG1 tables are currently split out by whether individuals were known to the council as shown below Proposed return Cease collecting information about whether individuals were already known to the council

Proposal 11 – Community service category 32 Current return Table SG3b currently has a location category of ‘Community Service’ Proposed return Split out the community service category into two separate categories: –In the community (excluding community services) –In a community service The community service category would relate to locations such as a day care centre and the community category would relate to any other area of the community, for example, a pub.

Any Questions? 33 Please get in touch! Safeguarding Queries the mailbox: Speak to Emma Hodges: Survey Queries the mailbox: