1. 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

2. Images of Northern Ireland

3. 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.

4. POLICY CONTEXT

5. HSC STRUCTURES
ASSEMBLY
MINISTER
HSC BOARD
HSC Trusts
Other Providers

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

7. Adult Safeguarding
Structures
HSC Structures
NIASP

8. ADULT SAFEGUARDING STRUCTURES
HSC BOARD
NIASP
LASP X 5

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

10. 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

11. 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

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

13. 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.

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

15. 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

16. 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

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

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

19. 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.

20. 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.