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The Care Act, Safeguarding Adults and Making Safeguarding Personal, or Make Safeguarding Personal; No decision about me without me.

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Presentation on theme: "The Care Act, Safeguarding Adults and Making Safeguarding Personal, or Make Safeguarding Personal; No decision about me without me."— Presentation transcript:

1 The Care Act, Safeguarding Adults and Making Safeguarding Personal, or Make Safeguarding Personal; No decision about me without me

2 Make Safeguarding Personal; No decision about me without me The Care Act 2014 Puts adult safeguarding on a legal footing (replaces “No Secrets” guidance) Defines safeguarding duties to apply to: Any adult with care and support needs, Who is experiencing or at risk of neglect or abuse, And as a result of those care and support needs, cannot protect themself from the risk or experience of neglect or abuse

3 Make Safeguarding Personal; No decision about me without me What is adult safeguarding about? Adult safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect Its about: People and organisations working together to prevent and stop the risk and the experience of neglect and abuse, While at the same time making sure the adult’s wellbeing is promoted, and Having regard to their views, wishes, feelings and beliefs

4 Make Safeguarding Personal; No decision about me without me Who are adults with Care and Support needs? An adult with care and support needs maybe: Elderly and frail due to ill health, disability or cognitive impairment Have a learning disability Have mental health needs including dementia or personality disorder Have a long term illness/condition Misuse substances or alcohol

5 Make Safeguarding Personal; No decision about me without me What is care and support ? The mixture of practical, financial and emotional support for adults with care and support needs who need extra help to manage their lives and be independent

6 Make Safeguarding Personal; No decision about me without me What is abuse and neglect? Physical abuse Sexual abuse Psychological abuse (including radicalisation) Financial or material abuse Discriminatory abuse Organisational abuse Neglect and acts of omission

7 Modern slavery Encompasses slavery, human trafficking, forced labour and domestic servitude Domestic abuse Including psychological, physical, sexual, financial, emotional abuse; so called ‘honour’ based violence Self-neglect Covers a wide range of behaviour and includes behaviour such as hoarding Make Safeguarding Personal; No decision about me without me

8 What are the duties of the Local Authority? To establish a Safeguarding Adults Board To make enquiries, (or cause others to make enquires, if they are best placed to do so) “ Section 42 Enquiry”: – When they think an adult with care and support needs may be at risk of abuse or neglect – To find out what, if any action is needed to prevent or stop abuse or neglect To provide an Independent Advocate where the adult has substantial difficulty in participating in their enquiry

9 Make Safeguarding Personal; No decision about me without me Safeguarding Adults Boards SABs must: Include the 3 statutory members (LA, NHS and police), plus any other appropriate partners Ensure that local arrangements and partners collaborate to protect adults with care and support needs and that they consider the wishes and feelings of the adult Carry out Safeguarding Adults Reviews into cases of concern, to ensure lessons are learned Publish a strategic plan and annual report

10 Make Safeguarding Personal; No decision about me without me Six Key Principles should guide all of Adult Safeguarding interventions Empowerment - People supported and encouraged to make their own decisions and informed consent. “I am asked what I want as the outcomes from the Safeguarding process and these directly inform what happens” Prevention - It is better to take action before harm occurs. “I receive clear and simple information about what abuse is, how to recognise the signs and what I can do to seek help” Proportionality - The least intrusive response appropriate to the risk presented. “I am sure that professionals will work in my best interest, as I see them, and they will only get involved as much as needed”

11 Make Safeguarding Personal; No decision about me without me 6 Key Principles (cont.) Protection - Support and representation for those in greatest need. “I get help and Support to report abuse and neglect. I get help so that I am able to take part in the safeguarding process to the extent I want” Partnership - Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse. “I know that staff treat any personal and sensitive information in confidence, only sharing what is helpful and necessary. I am confident that professionals will work together and with me to get the best result for me” Accountability - and transparency in delivering safeguarding. “I understand the role of everyone involved in my life and so do they”

12 Make Safeguarding Personal; No decision about me without me Problems recognised with Adult Safeguarding practice to date Nationally Safeguarding has become: Process driven /output focussed (how many, how long to complete) Emphasis on investigation and conclusions, not on improving outcomes (National reporting has focused on this.) As a result: People often report feeling that their needs and wishes are not properly considered, if at all They felt something had been done to them, not with them People commonly have said they felt in a worse position as a result of safeguarding, not better.

13 Make Safeguarding Personal; No decision about me without me Person-Centred Approach to Adult Safeguarding Safeguarding should be about achieving meaningful improvement in a person’s life (resolution, recovery) not procedural outputs. Article 8 of the Human Rights Act 1998 says the State cannot make decisions about people without their involvement

14 Make Safeguarding Personal; No decision about me without me Making Safeguarding Personal Is an approach to working with people that puts them at the centre of the enquiry into their safety and well-being. An approach required of partners by the Care Act Guidance Is about having conversations with people about how we might respond in safeguarding situations in a way that enhances their involvement, choice and control Is about seeing people as experts in their own lives and working alongside them Is about empowering adults to be included and have control over the process to the greatest extent possible in their circumstances. Is about making people as safe as they want to be

15 Make Safeguarding Personal; No decision about me without me What does an MSP approach to adult safeguarding look like? Speak to the person Before reporting a concern or starting an enquiry, staff must speak to the adult to get their views on the concern and what they want done about it (set outcomes). Consider mental capacity Because MSP is about involving the person in their enquiry, understanding a person’s capacity to take part is essential. If it is suspected the person lacks capacity to set their outcomes and understand the safeguarding process, staff should conduct a Mental Capacity Act Assessment into this specific area of decision making

16 Make Safeguarding Personal; No decision about me without me What MSP looks like (cont.) Appoint advocate - If the person has substantial difficulty in setting their outcomes, a suitable advocate to act in their best interest must be appointed (N.B. :LA’s Duty) Carry out an outcome-focused enquiry - Make sure the adult’s outcomes are the focus for the safeguarding intervention Involve- i nclude and inform the person (or advocate) throughout the safeguarding intervention. If the adult’s outcomes change during this time, respond to what they want and record these changes Record the person’s views at the end - when the safeguarding process is finished, find out from the person whether they feel their outcomes were met or not, and to what extent

17 What do you want to happen? I want the abuse to stop and to feel safer I want to help protect myself in future I want help to feel more confident I want the abuser to stay away from me I want to be involved in what happens next I want people involved in my case to do what they say they will I want the police to prosecute I want to access any support available to me I want to make more friends Something else…………………………………………………………………….…………………………………………………..

18 Make Safeguarding Personal; No decision about me without me Guiding Principles for staff involved in adult safeguarding 1. I include the person as early as practical and throughout the Safeguarding process. 2. I always use everyday language to communicate with the person in ways they understand, and I avoid jargon. 3. I support the person to set the Safeguarding outcomes they want. As events progress, what a person wants may change and I support them with this. 4. If it seems that the person has substantial difficulty in setting their own outcomes, I will conduct a Mental Capacity Act assessment to assess this.

19 Make Safeguarding Personal; No decision about me without me Guiding principles for staff (cont.) 5. If the person has substantial difficulty in setting their outcomes, I ensure an appropriate independent advocate represents them and helps sets outcomes in their best interest. 6. At the end of the Safeguarding, I find out from the person or their advocate, how far they think their outcomes were met. 7. Work collaboratively and always keep partner agencies involved and informed of what action is to be taken and the reasons why. 8. Record the reasons for judgements and actions.

20 Making Safeguarding Personal Our Promise: Listen to you Understand your views and wishes Take you seriously Treat you with respect Support you to feel as safe as you want Support you to make your own decisions Keep you informed and involved Tell you what will happen next With thanks to Lynne Turnbull and the Cheshire East No Secrets (Service User) Reference Group

21 Make Safeguarding Personal; No decision about me without me What good looks like Make Safeguarding Personal I get help and support to report abuse or neglect I am given the information I need, in the way that I need it I am asked my views and this directly informs what happens next I feel listened to and what I say is taken seriously I am asked my opinion if there are concerns that I am at risk I know that decisions are made in my best interest when I lack capacity to make them, and that this is explained to me

22 Make Safeguarding Personal; No decision about me without me Supporting guidance for staff who identify adult safeguarding concerns

23 Make Safeguarding Personal; No decision about me without me

24 Responding to adult safeguarding concerns

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26 Available at www.bsab.org


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