Safeguarding Adults Care Act 2014

Responsibilities of the Local Authority Make Statutory Enquiries Set up a Safeguarding Adults Board Arrange an independent advocate Co-operate with each of it’s relevant partners

Aims of Adult Safeguarding To prevent harm and reduce the risk of abuse or neglect to adults with care and support needs. To safeguard individuals in a way that supports them in making choices and having control in how they choose to live their lives To promote an outcomes approach in safeguarding that works for people resulting in the best experience possible To raise public awareness so that professionals, other staff and communities as a whole play their part in preventing, identifying and responding to abuse and neglect. Principle remain as previous- trainer to verbalise them

How does the Care Act 2014 legislation say that this will be achieved? Clarifying the interface between safeguarding and quality of service provision. Enabling access to mainstream community safety measures. Creating a strong multi-agency framework for safeguarding The roles and responsibilities of individuals and organisations are clearly laid out.

Neglect and Acts of omission Types of abuse Physical Sexual Psychological Exploitation Financial or material Neglect and Acts of omission Modern Slavery Domestic Violence Discriminatory Institutional 14.7 Raises the importance of differentiating between deliberate and unintentional and 14.8 the different response.

Information Sharing All organisations should have arrangements in place which set out clearly the processes and the principles for sharing information between each other, with other professionals and the SAB No professional should assume that someone else will pass on information which they think may be critical to the safety and well-being of an adult at risk of abuse or neglect. If a professional has concerns about an adult’s welfare and believes they are suffering or likely to suffer abuse or neglect, then they should share the information with the local authority

“Organisations must avoid safeguarding arrangements that do not put people in control of their own lives, or that revert to a paternalistic and interventionist way of working. People have complex lives and being safe is only one of the things they want for themselves. Professionals and other staff should not be advocating “safety” measures that do not take account of individual well-being, S1 of the act ”. (14.17) Mental Capacity Act 2005 (highlighted). Importance of referring to the Police is necessary. Criminal proceedings are not the decision of victim however their well being must take priority over criminal investigation (14.25)

Enquires (Objectives) •• establish facts •• ascertain the adult’s views and wishes •• assess the needs of the adult for protection, support and redress and how they might be met •• protect from the abuse and neglect, in accordance with the wishes of the adult •• make decisions as to what follow-up action should be taken with regard to the person or organisation responsible for the abuse or neglect •• enable the adult to achieve resolution and recovery.

The enquiry An enquiry could range from a conversation with the individual who is the subject of the concern to a much more formal multi-agency arrangement. If the local authority decides that another organisation should take action, for example a provider, then the local authority should be clear about timescales and the need to know the outcomes of the enquiry. As far as possible, the adult about whom there is a concern should always be involved from the beginning of the enquiry. If a crime is suspected then police should be informed and the police will then be under a duty to investigate. What happens as a result of an enquiry should reflect the individual’s wishes wherever possible

“The nature of the intervention and who will be best placed to lead will be, in part, determined by the circumstances.” (14.13 )

Where abuse or neglect occurs 1 Where carried out by employees or in a regulated setting, such as a care home, hospital, or college. The first responsibility to act must be with the employing organisation as provider of the service. Clear understanding between partners regarding when other agencies such as the local authority, Care Quality Commission or NHS Clinical Commissioning Group (CCG) need to be notified or involved and what role they have. Focus on promoting the well-being of those at risk of being abused or neglected.

Where abuse or neglect occurs 2 Employer should investigate any concern unless there is a compelling reason why it is inappropriate or unsafe to do this. Commissioners to encourage an open culture around safeguarding, working in partnership with providers to ensure the best outcome for the adult at risk. A disciplinary investigation, and potentially a hearing, may result in the employer taking informal or formal measures which may include dismissal. Disclosure to the DBS

Organisational Responsibility Anyone in contact with the adult, must understand their own role and responsibility. Have access to practical and legal guidance, advice and support, including understanding local inter-agency policies and procedures. In any organisation, there should be adult safeguarding policies and procedures. Policies and procedures should assist those working with adults how to develop swift and personalised safeguarding responses and how to involve adults in decision making. Handout of decision making tree and ways of achieving the policy and procedures.

S-81 Duty of Candour The duty of candour (Nov 14) requires all health and adult social care providers registered with CQC to be open with people when things go wrong. The regulations impose a specific and detailed duty of candour on all providers where any harm to a service user from their care or treatment. CQC will be able to take enforcement action when it finds breaches. Talk about surveillance here

Focus on Prevention Application of the Mental Capacity Act Regular face to face supervision Staff and Members Training Rigorous recruitment practices relevant to safeguarding Sound Care Planning Making Safeguarding Personal