HSAB Memorandum of Agreement

HAMPSHIRE SAFEGUARDING ADULTS BOARD

MEMORANDUM OF AGREEMENT

April 2013

Review: December 2013

1.Memorandum of Agreement (MOA)

This MOA describes a framework that underpins the working of the Hampshire Safeguarding Adults Board (HSAB). It outlinesthe roles, responsibility, authority and accountability of the member organisations represented at the HSAB. The authority of the Board, exercised over the members, is agreed through signature to the MOA.

2.Role and scope of the Hampshire Safeguarding Adults Board(HSAB)

2.1The HSAB is a statutory, multi-organisation partnership committee,

co-ordinated by the local authority, which gives strategicleadership for adult safeguarding, across the Hampshire County Council area.

2.2The role of the HSAB is to;

develop a culture that does not tolerate abuse and raise awareness about abuse
co-ordinate the activities of the HSAB members in relation to adults at risk of, or suffering, abuse, neglect or self neglect in the geographical area and ensure the effectiveness of members in carrying out this role
  • produce safeguarding policies, procedures, protocols and guidance for all organisations
give information or advice, or make proposals, to any public body on the delivery of their function in relation to safeguarding adults
improve the skills and knowledge of professionals who have responsibilities which relate to safeguarding adults
monitor performance and hold organisations to account relating to the delivery of safeguarding
commissionSerious Case and Safeguarding Adults Reviews as required
provide strategic oversight in relation to safeguarding trends
produce and publish an annualaccountability statement which highlights the work of the Board and reports on achievements against previous statements
3.Statement of Principles
3.1The following principles are used to underpin decision making by the HSAB. All members agree to these principles in working together to:
Actively promote empowerment, independence and the wellbeing of adults and an individual’s right to self-determination, through the services they provide
Produce safeguarding strategies and policies that are devised within the framework of relevant legislation and are based on the promotion of human rights
Promote public awareness of the issues surrounding adult safeguarding and provide information to the general public and professional staff about how to get help and support
Recognise that the right to self-determination can present risk and seek to ensure the law and statutory requirements are known and used appropriately so that adults are informed and those experiencing crime receive the protection of the law and access to the criminal justice system
Work to support communities to prevent, detect and report neglect and abuse

Actively promote effective and clear processes to facilitate use of the Mental Capacity Act (2005) and the Deprivation of Liberty Safeguards where this is necessary

Learn from the experiences of individuals, through Safeguarding Adults Reviews in order to improve the way we work as a Board but also as individual organisations.

3.2The above will be underpinned by the principles laid out by Government in 2011[1]

Empowerment; person-led decisions and informed consent

Protection; support and representation for those in greatest need

Prevention; It is better to take action before harm occurs

Proportionality; Proportionate and least intrusive responses appropriate to the risk presented

Partnerships; Local solutions through services working together within their communities

Accountability; Accountability and transparency in delivering safeguarding

4.Structure of the HSAB

Additional Task and Finish Groups as required

Service Users contribute actively to the work of the Board. Following a decision by the Board in December 2012, the ways in which this is achieved are being reviewed so that a broader range of activities can be covered.

5.Accountability and Governance

5.1Accountability for the co-ordination of the HSAB is located with the Local Authority through the Director of Adult Services.

5.2The HSAB is formally accountable to the HCC Safe and Healthy People Select Committee, who hold the Director of Adult Services to account for the performance of the HSAB.

5.3The HSAB must prepare a strategic plan and must consult the local Healthwatch organisation and – as far as is possible – the local communityin the area on the contents of this plan.

5.4The HSAB will also produce an Annual Report which will provide an overview of the progress that the HSAB has made against the strategy and objectives set for that year (laid out in the Business Plan) and highlight areas that require focus for the following year, will highlight Safeguarding Adults Reviews undertaken and will also outline what each HSAB member organisation has done to implement the strategy.

5.5The Annual Report will also be presented to the Health and Wellbeing Board in order to ensure alignment of activities within the broad health and wellbeing agenda and to deliver accountability to the wider local strategic partnership.

5.5Sub-groups and task and finish groups will have a work plan which is derived from the HSAB Business Plan.

6.Membership of the HSAB

6.1The membership of the HSAB can be seen at Appendix A.

6.2Membership will include core members, as identified through legislation and NHS guidance and associate members who are invited on to the HSAB in order to enhance multi-agency working.

6.3HSAB member organisations should designate a named person to ensure consistency and continuity. The named person must have the required skills and experience and beable to :

  • Speak for their organisation with authority
  • Commit their organisation on policy and practice matters
  • Hold their organisation to account
  • Influence the development of the organisation’s practice
  • Secure resource within their organisation to support the work of the HSAB

6.4Definitive links will be maintained by Board members with the following;

  • Coroner’s office
  • Crown Prosecution Service
  • Department of Work and Pensions
  • Domestic Abuse services
  • Drug and Alcohol misuse services
  • Human Trafficking Centre
  • Learning Disability Partnership Board
  • Local Safeguarding Children’s Board
  • MAPPA (Multi-organisation Public Protection Arrangements)
  • MARAC (Multi-organisation Risk Assessment Conferences for domestic abuse)
  • Office of the Public Guardian
  • PREVENT
  • Prisons
  • UK Border Agency
  • Victim Support
  • Witness Protection Services

6.5The work of the HSAB is also underpinned by other general sets of principles to which all members must adhere;

  • Nolan ‘seven principles of public life’ (Appendix B)
  • Data Protection Act 1998 (Appendix C)
  • Caldicott Principles (Appendix D)

6.6Members are required to nominate a suitable alternative representative who can fulfil the role set out in para 6.3 in the event of them being unable to attend a meeting.

6.7The Independent Chair and the Local Authority will secure the involvement of other relevant organisations, either as associate members of the HSAB, by inviting them to be representative of sub-groups or through invitation to speak to specific issues at an HSAB meeting.

6.8The HSAB will receive support and advice from legal and performance information advisors.

6.9The Director of Adult Services will have a standing invitation to attend the HSAB but will not be a formal, voting member.

7.Chairing

The HSAB will be chaired by an independent person appointed by the Board but accountable to the Director of Adult Services.

A vice chair will be agreed by the members of the HSAB on an annual basis from amongst the core membership.

8.Financial Arrangements

HSAB core member organisations will agree to the establishment and maintenance of a pooled fund which will support the work of the HSAB and will be managed by the Local Authority on behalf of the partners.

9.Support for the HSAB

The specific responsibilities of the local authority Head of Safeguarding will be to:

  • Ensure HSAB meetings are convened and accommodation arranged
  • Arrange secretariat to the HSAB and the circulation and despatch of appropriate papers
  • Provide advice to the HSAB and sub-groups on professional issues
  • Attend all of the HSAB sub-groups
  • Arrange the production of the Business Plan, undertaking quarterly reviews of progress and reporting to the HSAB
  • Advise and update HSAB members on any new government guidance or policy documentation

10.Disputes and Complaints

10.1The HSAB is intended to be a collaborative and co-operative body and the independent chair will ensure that no particular sector or member is unduly favoured. Problems and issues should normally be debated and resolved at HSAB meetings.

10.2The Board shall refer all other complaints, disputes or problems in relation to the provision or non-provision of services by an HSAB partner to that partner’s own internal complaints handling process.

11.Monitoring

The HSAB’s role is to ensure the effectiveness of work to safeguardand prevent harm to adults at risk of abuse and neglect. The HSAB will undertake a peer review process, based on self-evaluation, to monitor the performance of member organisations in relation to this. The role of the HSAB is to hold organisations to account where failures are apparent.

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APPENDIX A

Hampshire Safeguarding Adults Board Membership

Independent Chair

Core Members

Local Authority

Police

Clinical Commissioning Groups

NHS Commissioning Board (Local Area Team)

Associate Members

Fire and Rescue

Community Safety (County)

Children’s Services Department

Probation

Senior Housing Officers Group

Community Safety Partnerships (District/Borough Councils)

Advocacy Provider

Carer organisation

Learning Disability Partnership Board

NHS providers

Independent providers - care home/domiciliary care representative organisations

Quality Assurance Subgroup Chair

Business Subgroup Chair

Serious Case Review Subgroup Chair

Workforce Development Subgroup Chair

Communications Subgroup Chair

Advisory

CQC

HealthWatch

Health Consortia Chair

Voluntary Sector

Local Authority Head of Safeguarding Adults

Local Authority Legal Advisor

Local Authority Performance support

Local Authority Finance support

Support to the Independent Chair

Administrator

Safeguarding Development Officer (HSAB Board Manager)

APPENDIX B

Nolan Seven Principles of Public Life

The Seven Principles of Public Life, known as the Nolan Principles, were defined by the Committee for Standards in Public Life . They are:

  • Selflessness Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.
  • Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
  • Objectivity In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
  • Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
  • Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands it.
  • Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolveany conflicts arising in a way that protects the public interest.
  • Leadership Holders of public office should promote and support these principles by leadership and example.

These principles apply to all aspects of public life. The Nolan Committee set them out for the benefit of all who serve the public in any way.

APPENDIX C

Caldicott Principles

The Caldicott Report set out a number of general principles that health and social care organisations should use when reviewing its use of client information and these are set out below:

1.Justify the purpose(s)

Every proposed use or transfer of personally identifiable information within or from an organisation should be clearly defined and scrutinised, with continuing uses regularly reviewed by the appropriate guardian.

2.Do not use personally identifiable information unless it is absolutely necessary.

Personally identifiable information items should not be used unless there is no alternative.

3.Use the minimum personally identifiable information.

Where the use of personally identifiable information is considered to be essential, each individual item of information should be justified with the aim of reducing identifiably.

4.Access to personally identifiable information should be on a strict need to know basis.

Only those individuals who need access to personally identifiable information should have access to it.

5.Everyone should be aware of their responsibilities.

Action should be taken to ensure that those handling personally identifiable information are aware of their responsibilities and obligations to respect patient/client confidentiality.

6.Understand and comply with the law.

Every use of personally identifiable information must be lawful. Someone in each organisation should be responsible for ensuring that the organisation complies with legal requirements.

APPENDIX D

Principles of the Data Protection Act 1998

  • Personal data shall be processed fairly and lawfully, and in particular, shall not be processed unless at least one of the conditions in Schedule 2 is met, and in the case of sensitive personal data, at least one condition in Schedule 3 is also met.
  • Personal data shall be obtained only for one or more specified and lawful purposes , and shall not be further processed in a manner incompatible with that purpose or those purposes.
  • Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
  • Personal data shall be accurate and, where necessary, kept up to date.
  • Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  • Personal data shall be processed in accordance with the rights of data subjects under this Act.
  • Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  • Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensure an adequate level of protection of the rights and freedoms of data subject in relation to the processing of personal data.

Signatures

I am signing to confirm that I am committed to the contents of this Memorandum of Agreement, and will abide by them, on behalf of my organisation

Name …………………………………………………………………………

Signature ………………………………………………………………………

Organisation …………………………………………………………………..

Date …………………………………………………………………………….

1

4 February 2013

[1]Statement of Government Policy on adult safeguarding , Department of Health (2011)