CARE ACT SEMINAR SAFEGUARDING Correct as at March 2015

Section 42 – 47 of the Care Act Places Safeguarding Adults on a Statutory footing Safeguarding Adults

Enquiry by local authority The LA must make enquiries…… ……….or cause them to be made BUT – no power to gain access…… Section 42

Safeguarding Adults Boards Establish a board Publish a plan/strategy Publish an annual report Section 43

Safeguarding Adults Reviews Undertake a review where there has been a death/serious incident and partners could have acted better Section 44

Supply of Information Duty to provide information to the Board to assist it to undertake it’s functions Section 45

Abolition of local authority’s power to remove persons in need of care Repeal of Section 47 of the National Assistance Act 1948 Section 46

Protecting property of adults being cared for away from home Section 47

Safeguarding duties apply to an adult who: has needs for care and support (whether or not the local authority is meeting any of those needs) and; is experiencing, or at risk of, abuse or neglect; and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect. S.14.2 Care and Support Statutory Guidance – Oct 2014 Adult (at Risk)

Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. S.14.7 Care and Support Statutory Guidance – Oct 2014 Adult Safeguarding is….

Safeguarding is not a substitute for: providers’ responsibilities to provide safe and high quality care and support; commissioners regularly assuring themselves of the safety and effectiveness of commissioned services; the Care Quality Commission (CQC) ensuring that regulated providers comply with the fundamental standards of care or by taking enforcement action; and the core duties of the police to prevent and detect crime and protect life and property. S.14.9 Care and Support Statutory Guidance – Oct 2014 Adult Safeguarding is not….

‘Local Authorities should not be constrained in their view of what constitutes abuse or neglect……..’ S Care and Support Statutory Guidance Abuse and Neglect

Physical Sexual Psychological Financial/Material Neglect/Acts of omission Organisational Discriminatory Types of Abuse Domestic Violence Modern Slavery Self Neglect

Empowerment Prevention Proportionality Protection Partnership Accountability Six Key Principles

Personalisation of Safeguarding Use of Advocates Self determined outcomes Aggregation of performance information to the SAB Making Safeguarding Personal

Following the intervention, did the person feel: Listened to? Informed? Supported? Satisfied with the Outcome? Satisfied with the way people dealt with the concern? Safer? Safeguarding Outcomes

Each member of the SAB should have a DASM (who should keep in regular contact with their counterparts in partner organisations) The DASM is responsible for the management and oversight of cases where allegations about an employed person (or volunteer) may pose a risk. Liaison between the local authority DASM and the LADO (Local Authority Designated Officer) Ref: S Care and Support Statutory Guidance Designated Adult Safeguarding Manager

Presented by: Sue Bunn Head of Safeguarding (FOCUS) For further comments / queries: