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Adult Safeguarding and the 2014 Care Act B Gathercole Adult Safeguarding Lead Salford Adult Social Care
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What is adult safeguarding Working with adults with care or support needs, where those needs affect their ability to protect themselves, to keep them safe It doesn’t include adults who are victims of abuse but do not have care or support needs Relationship to domestic abuse-forced marriage- self neglect-trafficking etc
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What does the Act do/change? Puts existing adult safeguarding processes ie from the “No Secrets” guidance DOH 2000 on a statutory basis Requires councils to make enquiries or ask others to make enquiries when they think a vulnerable adult may be at risk and to find out what action if any may be needed Requires adult safeguarding board (SAB) to be set up- wider responsibility of partner agencies
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Structure of Salfords SAB There has been a voluntary board in existence in Salford for several years and includes voluntary sector representation It meets quarterly in 2 parts, a confidential section and a general Board has a strategic role greater than the sum of the parts Should include senior staff able to speak for their service and change things There is an independent chair http://www.partnersinsalford.org/adultsafeguardingboard.htm Once statutory must include as a minimum senior council, police and NHS reps but can include a wide range of organisations Care Act gives lots of discretion to boards locally to determine their structure
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Role of SAB –Boards role as a whole is to provide assurance that “local safeguarding arrangements and partners act to help and protect adults at risk” –Must develop a shared strategic plan- prevention- must try to involve community views etc –Must publish the plan and report annually on its progress – has previously done the latter but not the former –Must to formally review cases of serious failure to protect and identify/implement lessons (SARs) –Has power to require information from any other organisation that might have relevant information –There is also a long list of “shoulds”
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Role of the voluntary sector on the board There to reflect the perspectives, input and potential input of the sector Same as any board member to hold each other to account/ provide challenge to other board members/ reports etc Promote multi-agency training Assist in consultation with the community
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Resources of the board Currently the board has no financial resources Certain staff with other roles within their organisation act as officers to the board- in particular myself who has operational responsibilities and Elizabeth walton from the CCG In order to meet statutory requirements more effectively the shadow board is looking to members to fund a business manager/admin support/ training resources for the board to operate more independently
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Training on adult safeguarding Expectation is on board members to take responsibility for training their own staff- is built into contracts etc There are some resources on line –eg SCIE dignity at work etc Where possible training should be multi-agency but at present there are no shared resources so –Adult social care with lead responsibility has to ensure enough trained investigators Multi-agency training has been arranged opportunistically
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How should duty to protect be carried out- Making Safeguarding Personal (MSP) Statutory guidance to the Care Act promotes MSP as way to deliver safeguarding responsibility Current system is portrayed as overly process driven and not sufficiently involving the victim Approach aims to rebalance adult safeguarding systems so the victim is at the centre “People have complex lives and being safe is only one of the things they want for themselves”
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MSP involves Engaging with people about the outcomes they want at the beginning, “middle”, and end Professionals view of what should happen may differ to that of the victim- who knows the victim best? Enhanced role for advocacy Maximising choice /control /empowerment However people can have unrealistic/contradictory outcomes can change minds over time may be subject to coercion their preferred options could leave other vulnerable people at risk
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What does this mean for partner organisations? Need to be aware that this is how we are required to do safeguarding work It may in some situations involve working with “more risk” We certainly need to give more emphasis to the voice of the victim / include in more meetings? In certain circumstances eg you being the person who knows the victim best you could be asked to explain safeguarding and ascertain wishes/outcomes Involving the victim more may sometimes impact on timescales
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More information about adult safeguarding in Salford http://www.partnersinsalford.org/adultsafeguardingboard.htm http://www.salford.gov.uk/adultabuse.htm Referral number 0161 909 6517 Email –worriedaboutanadult@salford.gov.ukworriedaboutanadult@salford.gov.uk
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The Deprivation of Liberty Safeguards (DoLS) Enacted in 2009 following 2005 MCA Arose from a case brought before the European Court of Human Rights known as the Bournewood case Provides a legal framework for the detention of people in state funded provision eg hospital/care homes where not subject to the Mental Health Act
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DoLS –what is involved Applies to people who lack the mental capacity to decide where they should live Mainly older people with dementia or adults with significant brain injury Care home manager or ward manager has to apply for a DoLS where they believe the criteria apply Involves specially trained social workers and doctors separately undertaking a range of assessments within a tight legal timeframe
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DoLS why is it in the news? Prior to a supreme court case called Cheshire West it was thought the safeguards only applied to people who regularly attempted to leave or where their family objected Cheshire West said they should apply to anyone whom staff would prevent leaving for their own safety regardless of whether quite happy to stay Therefore now applies to 70% of care home residents and lots of people in hospital Extends to people in supported accommodation
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DoLS –some consequences of the judgement Massive increase in demand on council resources and cost Impacts on police/coroners/hospital/court of protection Being subject to a DoLS= custody- if you die in custody this requires a coroners investigation- police involvement- admission to mortuary- potential distress to families etc
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