Safeguarding and Devolution:Northern Ireland Perspective Joyce McKee: Regional Adult Safeguarding Officer Health and Social Care Board Lorna Montgomery: Lecturer in Social Work, Queen’s University, Belfast

Images of Northern Ireland

Adult safeguarding in Northern Ireland: current legislative powers Northern Ireland framework: a range of statutes, policies, and guidance. No single unifying adult protection bill. Underpinned by principles: rights-based, empowering, person-centred, collaborative, consent driven A commitment to the prevention of abuse and the building of capacity and resilience within individuals and communities.

POLICY CONTEXT

HSC STRUCTURES ASSEMBLY MINISTER HSC BOARD HSC Trusts Other Providers

A Brief History of Adult Safeguarding in Northern Ireland 1996 Emergence as a policy issue. 1997/8 Organisational procedures 2000 No Secrets 2001 A Regional Adult Protection Forum 2003/4 Training and awareness raising 2006 Regional procedures 2008 Revised joint working protocols 2010 NIASP and LASPs established 2015 Adult Safeguarding: Prevention and Protection in Partnership

Adult Safeguarding Structures HSC Structures NIASP

ADULT SAFEGUARDING STRUCTURES HSC BOARD NIASP LASP X 5

GOVERNANCE AND ACCOUNTABILITY Programme for Government Commissioning Adult Safeguarding Services Accountability Reports Delegated Statutory Functions Reports

Legislative Basis for Intervention Criminal Law Offences against the Person Act 1861 Sexual Offences (NI) Order 1978 Criminal Justice (NI) Order 2003 Sexual Offences Act 2003 e.g. Theft Physical assault Indecent assault Rape The Police and Criminal Evidence (NI Order 1989) – Appropriate Adult Criminal Evidence (NI) Order 1999 – Support for a victim/witness

Legislative Basis for Intervention Family Homes and Domestic Violence (NI) Order 1998 The Protection from Harassment (NI) Order 1997 Enduring Power of Attorney Human Rights Act 1998 Civil Law

Legislative Basis for Intervention Welfare Law The Mental Health (NI) Order 1986 Compulsory admission Guardianship Office of Care and Protection Art 121-123 Mental Commission’s Role (RQIA) HPSS Statutory Rules 2005 (160, 161, 174, 175)

Legislative basis for intervention Criminal Evidence (NI) Order (1999). Special Measures to improve the quality of evidence. Adults and children. Safeguarding Vulnerable Groups (NI) Order (2007). Registration of workers with Vulnerable groups. Establishment of a seamless vetting & barring scheme.

Adult Safeguarding Policy: Northern ireland Adult Safeguarding: Prevention and Protection in Partnership (2015) Protocol for Joint Investigation of Adult Safeguarding Cases (2016)

The adult safeguarding continuum -prevention to protection Analysis of seriousness of harm and proportionate safeguarding response Threshold for assessment of need/ risk Threshold for protection / screening Community & Voluntary sector activity groups Emerging safeguarding concern Immediate risk of serious harm Alleged or suspected crime Assessment of need/risk HSC professional Adult Protection Services Protection Services - led by HSC Trust Social Workers and/or PSNI. Empowerment, prevention, early intervention, risk assessment, protection

Strengths and Gaps in legal Powers Policy more flexible than legislation.  Utilizes full range of legal powers in existence Permissive of professional decision making: work with the complexities of social problems Rights based approach focus on capacity. Difficult to address individual and corporate wilful neglect. Limited grounds for right of access to people’s homes Threshold of financial abuse remains debatable No statutory safeguarding board Lack of parity with children’s services

ADVANTAGES of legal and practice systems Direct Line of Sight Flexibility Responsiveness Networks and Co-operation Below the Radar

DISADVANTAGES of legal and practice systems Lower Status Dependence on Individuals Lack of Resources Attitude of Courts

How might the law unfold? Public debate on adopting a single unifying bill for adult protection in Northern Ireland. Legislation is only one option in a range of policy, community, education and resource strategies.  Responsibility of adult protection is not confined to social care and the criminal justice services alone.

Balancing Autonomy and protection: a radical change Mental Capacity Act 2016 A single statutory framework governing all decision making in relation to the care, treatment (for a physical or mental illness) or personal welfare (including financial matters) of a person aged 16 or over, who lacks capacity to make a specific decision for themselves Where a lack of capacity is established, the Act puts in place a new statutory decision-making mechanism.