SAFEGUARDING – MENTAL CAPAPCITY ACT

SAFEGUARDING Child protection Adults with safeguarding needs * Safer recruitment are important aspects of safeguarding It is not just Health and Safety. *Adults can be deemed at risk if they are being assisted in a regulated activity e.g. healthcare, personal care, social work, finance & business affairs and travel.

To help safeguard our students the College will: • Take a preventative approach to protect them from potential harm or damage. • Take all appropriate actions to address concerns about their welfare. • Work to agreed local policies and procedures in full partnership with other local agencies • Plan, implement, monitor and review policies and procedures to ensure that the maximum is done to provide a safe environment for vulnerable students in the College. • Take all reasonable measures to ensure that risks of harm to them is minimised.

Our procedures include: • Carrying out risk assessments and managing any risks effectively. • Adhering to our Health and Safety procedures. • Staff selection, recruitment, induction supervision and training being carried out safely and thoroughly. • Reacting quickly and decisively to any reported incidents of harm or abuse. • Awareness training for all staff.

Your Duty: If abuse is suspected or discovered • Ensure the student at risk is in no immediate danger. Arrange medical assistance if needed • Explain to the student you must tell someone • Do not go into detail • Preserve evidence • Inform - report to your line manager and Designated Safeguarding Officers (Fiona Playford and Jan Tothill) • Record - make an accurate record as soon as possible

MENTAL CAPACITY ACT 2005 Section 1 – principles that apply A person is assumed to have capacity unless it is established that he lacks capacity A person is not to be treated as unable to make a decision unless all practical steps to help him to do so have been taken without success A person is not to be treated as unable to make a decision merely because they make an unwise decision Section 2 – People who lack capacity For the purpose of this act a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain

Section 3 – Inability to make decisions For the purposes of section 2, a person is unable to make a decision for himself if he is unable To understand the information relevant to the decision To retain that information To use or weigh that information as part of the process of making the decision To communicate his decision (whether by talking, using sign language or any other means)

Best Interest An act done or decision made for or on behalf of a person who lacks capacity must be done, or made in their best interest Regard must be made … can be effectively achieved in a way that is less restrictive of the of the person’s rights and freedom of action List of factors to be taken into account including the person’s wishes or beliefs Emphasised that Act does not give answers but makes us ask the right questions

SAFEGUARDING UP-DATE Adult Safeguarding means protecting a person’s right to live safely, free from abuse and neglect Care Act 2014 came into force on 1st April 2015 – new legal framework which brings together the LSA’s and key organisations and individuals with publically accountable duties and responsibilities to protect and keep adults at risk safe Safeguarding Adults Board, LA’s must make enquires or make sure others do so Safeguarding Adult Reviews Independent Advocacy Supply Information

Six Principles of safeguarding Empowerment – personalisation and presumption of person led decisions and informed consent Prevention – better to take action before harm occurs Proportionality – proportionate and least intrusive response appropriate to the risk presented Protection – support and representation for those in greatest need Partnership – local solutions through services working with their communities Accountability – and transparency in delivering safeguarding

Making Safeguarding Personal Key to person centred outcomes – what are their views, understanding, concerns and desires? Most interventions require the consent and participation of the person – even when a person’s wishes may be overridden (for instance by the Mental capacity Act) they must still legally be taken into account – assumption of capacity Must take all practical steps to assist decision making Can make unwise decisions without being assumed to lack capacity Must act in the person’s best interest Right to an Independent Advocate If an adult with mental capacity refuses their consent this has to be respected

Financial Abuse What are the banks doing? They need medical clarification of lacking capacity before they can do anything What can they do in the meantime – (i) stop account but this will breach the customer’s mandate, or (ii) risk the funds being removed from an account