Derbyshire and

Derby Safeguarding Adults Policy and Procedures

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Derbyshire and Derby Safeguarding Adults Policy and Procedures June 2017i

Contents

Contents / 1
Foreword / 2
Section One: Safeguarding Policy / 3
Introduction / 3
Board Membership / 4
Principles of Safeguarding Adults / 6
Safeguarding Adults Criteria / 7
Safeguarding Adults Board / 8
Legal Status of this Policy and Procedure / 9
Equality and Diversity / 10
Definition of Abuse / 10
Roles and Responsibilities / 12
Allegations against People in Position of Trust / 15
Public Disclosure and Whistleblowing / 16
Confidentiality and Information Sharing / 16
Learning the Lessons / 18
Learning and Development / 20
Governance and Assurance / 21
Section Two: Safeguarding Procedures / 22
Statement of Purpose / 22
Who is covered by these procedures / 22
Safeguarding Responses / 24
Raising an Alert / 25
Making Referrals / 26
Initial Enquiries / 27
Advocate / 28
Representative / 28
Independent Mental Capacity Advocate / 29
S.42 Enquiries / 29
Referring to the Police / 31
Next Steps / 32
Safety Planning / 32
Reviews / 35
Closure of Safeguarding / 35
Provisions of Law / 35
Recording / 36
Sources of Information, Advice and Services for Support and Redress / 36
Inter-Agency Communication, Information Sharing and Decision-Making / 36
Professional Disagreement Resolution / 37
Complaints / 38
Closing Statement / 38
Appendix One: Over-arching safeguarding procedures work-flow chart / 39
Appendix Two: Information, Advice and Services for Support and Redress / 40

Foreword

This policy and the accompanying procedures are multi-agency and have been agreed by all partners of both Safeguarding Adult Boards.

They outline the responsibilities of all professionals, volunteers and agencies working together in Derbyshire and Derby to protect those adults most at risk from harm and abuse.

They have been revised to ensure compliance with the Care Act, 2014 and recognise that adults with care and support needs and their carers must be at the heart of what we do.

We are both personally committed to ensuring that adults in Derbyshire and Derby have a right to live in safety, free from abuse and neglect. This joint policy and procedures will enable us all to achieve this aim.

Please remember:

“Adult Safeguarding is everyone’s responsibility”

Allan Breeton Andy Searle

Derby Safeguarding Adult Board Derbyshire Adult Safeguarding Board

Section One- Safeguarding Policy

Introduction

This document is the amended policy of the Derbyshire and Derby Safeguarding Adults Boards and it replaces the previous policy which was last issued in May 2015.

This policy has been written in line with the Care Act 2014 and its updated statutory Safeguarding Guidance (Chapter 14) and replaces the “No Secrets” Guidance 2000.

This policy came into effect on the 1st April 2015. Some of the contents of this policy are taken directly from the statutory Safeguarding Guidance.

This Policy will be formally reviewed in April 2019 and will continue to be amended as necessary to incorporate learning from safeguarding adult reviews, recent cases, published research, peer reviews and case law.

The purpose of the Safeguarding Policy is to make explicit the responsibilities of all professionals, volunteers and agencies working to protect adults who may be vulnerable to abuse.

The Safeguarding Policy and Procedures take precedence over any internal policies and procedures within all agencies whether statutory, independent or voluntary. However, it is recognised that there may be occasions where other processes are more appropriate e.g., using the complaints procedure or compliance and contracting involvement, but this should be agreed through the safeguarding procedures and recorded appropriately.

Derbyshire Safeguarding Adults Board and Derby Safeguarding Adults Board will hereafter be referred to as the SABs. The SABs have agreed this Policy & Procedures. Strategies for the prevention of abuse or neglect are a core responsibility of the SABs who will decide how they operate but they must ensure that their arrangements will be able to deliver the duties and functions under Schedule 2 of the Care Act, 2014.

The main objective of the SABs is to assure itself that local safeguarding arrangements are in place and partners act to help and protect adults in its area who meet the criteria. The SABs have developed clear policy and processes which have been agreed with other interested parties.

This Policy represents a commitment by the organisations within the Derbyshire and Derby Safeguarding Adults Boards to work together to prevent and respond to abuse wherever it occurs.

Some partner agencies may not be SAB members, but will still play an important part in the safeguarding of adults, for example; General Practitioners, Department for Work and Pensions, Trading Standards, advocacy groups & housing associations.

Strong Partnerships are those whose work is based on an agreed Policy & Strategy with common definitions and a good understanding of each other’s roles and responsibilities.

These underpin Partnership working in response to instances of abuse and neglect, wherever they occur.

Agencies that have membership of the SABs must comply with this Policy, Procedures, Statutory Guidance and local Practice Guidance and be clear on their roles and Adults Safeguarding responsibilities.

Board Membership

Derbyshire Safeguarding Adults Board Membership 2017

Chair – Andy Searle

Vice Chair – Bill Nicol

  • Derbyshire County Council
  • Derbyshire Police
  • Derbyshire Fire and Rescue Service
  • Hardwick Clinical Commissioning Group
  • Erewash Clinical Commissioning Group
  • Southern Derbyshire Clinical Commissioning Group
  • North Derbyshire Clinical Commissioning Group
  • East Midlands Ambulance Service
  • Chesterfield Royal Hospital NHS Foundation Trust
  • Derbyshire Community Health Services NHS Foundation Trust
  • Care Quality Commission
  • Derby Teaching Hospitals NHS Foundation Trust
  • Derbyshire National Probation Service
  • Derbyshire, Leicestershire, Nottinghamshire and Rutland CRC
  • Derbyshire MIND
  • Age UK Derby and Derbyshire
  • Derbyshire Healthcare Foundation Trust
  • Derbyshire Carers Association
  • Tameside and Glossop Clinical Commissioning Group
  • Derbyshire Care Providers Association
  • Tameside & Glossop NHS Integrated Care Organisation
  • Housing (currently represented by Bolsover District Council)
  • NHS England
  • Environmental Health (currently represented by Amber Valley Borough Council)
  • HMP (YOI) Foston Hall
  • HMP Sudbury
  • Healthwatch
  • DHU Healthcare Community Interest Company
  • Disability Derbyshire Coalition for Inclusive Living

Derby Safeguarding Adults Board Membership 2017

Chair – Allan Breeton

Vice Chair – Bill Nicol

  • Derby City Council (DCC)
  • Southern Derbyshire Clinical Commissioning Group (CCG)
  • Derbyshire Constabulary
  • Derbyshire Community Health Services NHS Foundation Trust
  • Derbyshire Healthcare NHS Foundation Trust (DHCFT)
  • Derby Homes
  • DHU Healthcare Community Interest Company
  • East Midlands Ambulance Service (EMAS)
  • Derby Teaching Hospitals NHS Foundation Trust
  • City and Neighbourhood Partnership
  • Care Quality Commission (CQC)
  • Derbyshire Police and Crime Commissioner (PCC)
  • Derbyshire, Leicestershire, Nottinghamshire & Rutland Rehabilitation Company (CRC)
  • National Probation Service Midlands
  • Derbyshire Fire and Rescue Service
  • University of Derby
  • Public Health
  • Friendship Care and Housing

Principles of Safeguarding Adults

The six principles that underpin adult safeguarding apply to all sectors and settings including care and support services, social work, healthcare, welfare, housing providers and police. The principles should inform the ways in which professionals and other staff work with people at risk of abuse or neglect.

These principles can also help Safeguarding Adults Boards (SAB’s) and organisations more widely, by using them to examine and improve their local arrangements.

Six Key Principles Underpin All Adult Safeguarding Work:

  • Empowerment

People being supported and encouraged to make their own decisions and have informed consent

  • Prevention

It is better to take action before harm occurs

  • Proportionality

The least intrusive response appropriate to the risk presented

  • Protection

Support and representation for those in greatest need

  • Partnership

Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse

  • Accountability

Accountability and transparency in delivering safeguarding

The SABs member organisations will adhere to the following guiding principles:

  • 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. The SABs will seek the views of Adults who have been through safeguarding enquiries to gain assurance of the embedding of an outcomes focussed approach to safeguarding and to inform future developments of strategy, policy and procedures.
  • 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.
  • Early sharing of information is the key to providing effective help where there are emerging concerns. Fears of sharing information must not stand in the way of promoting and protecting the well-being of adults at risk of abuse and neglect.

Safeguarding Adults Criteria

The Adult experiencing, or at risk of abuse or neglect will hereafter be referred to as the Adult.

Under Section 42 of the Care Act 2014, the statutory safeguarding adults criteria is set out.

The 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.

Duties apply in relation to any person who is aged 18 or over and at risk of abuse or neglect because of their needs for care and support.

Care and support is the mixture of practical, financial and emotional support for adults who need extra help to manage their lives and be independent – including older adults, disabled adultsor adults with a long-term illness, adults with mental ill health and carers. Care and support includes assessment of the adult’s needs, provision of services and the allocation of funds to enable an adult to purchase their own care and support. It could include care home, home care, personal assistants, day services, or the provision of aids and adaptations

Local Authority statutory adult safeguarding duties apply equally to those adults with care and support needs regardless of whether those needs are being met, regardless of whether the adult lacks mental capacity or not, and regardless of setting. This is other than prisons and approved premises where prison governors and National Offender Management Service (NOMS) respectively have responsibility.

Where someone is over 18 but still receiving children’s services and a safeguarding issue is raised, the matter should be dealt with through adult safeguarding arrangements. Where appropriate, adult safeguarding services should involve the local authority’s children’s safeguarding colleagues as well as any relevant partners (e.g. Police or NHS) or other persons relevant to the case. The level of needs is not relevant, and the young adult does not need to have eligible needs for care and support, or be receiving any particular service from the local authority, in order for the safeguarding duties to apply.

When dealing with safeguarding concerns, it is important that all practitioners should “Think Family” and consider the family members within the household and wider networks who may be at risk of, or experiencing abuse. Referrals should be made to appropriate agencies, such as Children’s Social Care Services, where appropriate.

Safeguarding means protecting an adult’s right to live in safety free from abuse and/or 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, feeling and beliefs in deciding on any action. This must recognise that adults sometime have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Professionals should work with the adult to establish what being safe means to them, and how it can be best achieved.

In accordance with Care Act 2014, Derbyshire County & Derby City Council will:-

  • Make enquiries or ensure others do so, if it believes an adult is, or at risk of abuse or neglect
  • Have a Safeguarding Adults Board
  • Arrange where appropriate for an independent advocate to represent and support an adult who is the subject of a safeguarding enquiry, or a Safeguarding Adult Review (SAR) where the adult has ‘substantial difficulty’ in being involved in the process and where there is no other suitable person to represent and support them. (See Chapter 7of the statutory Guidance on Advocacy, and the local Procedures and practice Guidance.)
  • Cooperate with each of its relevant partners (section 6 The CareAct)

This policy and procedures, and practice guidance can be located on the Derby Safeguarding Adult’s Board website at Safer Derbyshire website at

The Safeguarding Adults Board (SAB)

Derbyshireand Derby Cityhave well established SABs, with a good range of partner organisation engagement.

From the 1st April,2015 the local authority, local area Clinical Commissioning Groups (CCGs),and the Chief Officer of Police are required by law to be members of the SAB. The SAB must involve all relevant organisations and individuals to ensure that it has the involvement of all partners necessary to effectively carry out its duties.

Local authorities and their relevant partners must collaborate and work together as set out in the co-operation duties in the Care Act 2014 and, in doing so, must, where appropriate, also consider the wishes and feelings of the adult on whose behalf they are working.

Local authorities must co-operate with each of its relevant partners, in order to protect the adult. In their turn, each relevant partner must also co-operate with the local authority.

The lead agency with responsibility for co-ordinating adult safeguarding arrangements is the local authority, but all the members of the SAB will designate a lead officer.

Non Board Member agencies should also consider the benefits of appointing a lead for adult safeguarding.

In order to meet its three core duties the SABs will:

  • Publish a strategic plan for each financial year that sets how it will meet its main objectives and what the members will do to achieve this, and will consult the local Healthwatch and involve the local community
  • Publish an annual report which must clearly state what the SAB and its members have done to carry out and deliver the objectives and implement its strategic plan, and what each member has done to implement the strategy as well as detailing the findings of any Safeguarding Adults Reviews and subsequent action
  • Conduct any Safeguarding Adults Review in accordance with Section 44 of the Act

Legal Status of this Policy and Procedure

Staff will have regard to and are bound to operate within the guidance of legislation, will make themselves aware of their responsibilities under these policy and procedures and have a working knowledge of the Human Rights Act 1998, Mental Capacity Act 2005,Deprivation of Liberty Safeguards, Youth Justice Criminal Evidence Act 1999 (s.16 and s.17), EqualityAct 2010 and Public Sector Equality Duty, Police and Criminal Evidence Act 1984, Domestic Violence Crime and Victims Act 2004, Mental Health Act 1983, the Care Act 2014 and s.20 & s.21 of the Criminal Justice and Courts Act 2015.

This is not an exhaustive list.

More information is available with regard to the legal framework from SCIE Safeguarding Adults at Risk of Harm: A Legal Guide for Practitioners.

Other procedures or guidance may apply such as the ‘Safeguarding Children’ procedures, Domestic Abuse Protocol, MARAC, and Forced Marriage. A further source of information and advice can be found in the SCIE Safeguarding Adults Guidance.

Equality and Diversity

These Policy & Procedures recognises the diversity of our community. Individuals and organisations need to be responsive to needs of different groups and individuals and have due regard to issues relating to:

  • Gender
  • Religion
  • Sexual orientation
  • Racial origin, culture and linguistic background
  • Disability
  • Age
  • Gender identification
  • Pregnancy and maternity
  • Marriage and civil partnership

This also includes making any reasonable adjustments required for disabled people, including registered BSL interpreters.

Within safeguarding procedures actual or potential effects of decisions should be considered in relation to the equality issues above and any subsequent outcomes for the adults at risk. The Equality and Human Rights Commission has more details about the Equality Act and Public Sector Equality Duty

Definition of Abuse

Abuse is a violation of an individual’s human or civil rights, by any other person or persons. Professionals should not limit their view of what constitutes abuse or neglect, as they can take many forms and the circumstances of the individual case should always be considered. The following types of abuse and neglect are identified within the Care Act 2014, but should not be considered exhaustive;

  • Physical abuse – including assault, hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate physical sanctions.
  • Domestic abuse – An incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse by someone who is or has been an intimate partner or family member regardless of gender or sexuality. Includes psychological, physical, sexual, financial, emotional abuse, so called ‘honour’ based violence, Female Genital Mutilation and Forced Marriage.
  • Sexual abuse – including rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.
  • Sexual exploitation- involves exploitative situations and relationships where people receive ‘something’ (e.g. accommodation, alcohol, affection, money) as a result of performing, or others performing on them, sexual activities.
  • Psychological abuse – including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, cyber bullying, isolation, radicalisation or unreasonable and unjustified withdrawal of services or supportive networks.
  • Financial or material abuse – including theft, fraud, internet and postal scamming, doorstep crime, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
  • Modern slavery – encompasses slavery, human trafficking, forced labour and domestic servitude. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.
  • Discriminatory abuse – including forms of harassment, slurs or similar treatment; because of race, gender and gender identity, age, disability, sexual orientation, pregnancy and maternity, marriage or civil partnership or religion.
  • Organisational abuse – including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.
  • Neglect and acts of omission – including ignoring medical, emotional or physical care needs, failure to provide access to appropriate health, care and support or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating
  • Self-neglect – this covers a wide range of behaviour neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding. It should be noted that self-neglect may not prompt a section 42 enquiry. An assessment should be made on a case by case basis. A decision on whether a response is required under safeguarding will depend on the adult’s ability to protect themselves by controlling their own behaviour. There may come a point when they are no longer able to do this, without external support.

Roles and Responsibilities