THE CARE ACT 2014 Safeguarding adults at risk of abuse or neglect By Mary-Anne Anaradoh - Lawyer Legal Services LB Islington 4 March 2015

THE CARE ACT 2014

Safeguarding adults at risk of abuse or neglect

By Mary-Anne Anaradoh - Lawyer

Legal Services

LB Islington

4 March 2015

AIMS AND OBJECTIVES OF THE SESSION

• To provide an overview of the new statutory framework in respect of safeguarding adults

• To understand the duties/powers of the Local Authority and SAB under the new statutory framework

• To consider the implications of the Care Act 2014 and in particular its impact on safeguarding arrangements

CARE ACT 2014 IMPLEMENTATION TIMETABLE

THE CARE ACT 2014 The new safeguarding statutory framework (1)

THE CARE ACT 2014 The new statutory framework (2)

Three elements in order of hierarchy:The Act - sets out the legal framework and core legal duties and powers relating to adult social care; The Regulations – more detailed legal provision and further duties and powers are contained in regulations made under the Act; (but no regulations in relation to safeguarding duties) The statutory guidance - provides local authorities with the information they require about how they should meet the legal obligations placed upon them by the Act and the Regulations. Chapter 14 in particular deals with safeguarding, but there are references to safeguarding at relevant points throughout the guidance.

GENERAL RESPONSIBILITIES OF LOCAL AUTHORITIES UNDER THE CARE ACT 2014

THE CARE ACT 2014 General responsibilities of LAs



SAFEGUARDING

ADULTS:

THE CURRENT POSITION

SAFEGUARDING –THE CURRENT POSITION (1)

SAFEGUARDING –THE CURRENT POSITION (2)

THE CARE ACT 2014:

SAFEGUARDING

PROVISIONS

SAFEGUARDING LEGAL FRAMEWORK UNDER THE CARE ACT 2014

• SECTIONS 42 – 46, 68 AND SCHEDULE 2

• THE CARE AND SUPPORT STATUTORY GUIDANCE, in particular Chapter 14

AIMS OF ADULT SAFEGUARDING

• Stop abuse or neglect wherever possible;• Prevent harm and reduce harm and reduce the risk of abuse and neglect to adults

with care and support needs;• Safeguard adults in a way that supports them in making choices and having control

about how they want to live;• Promote an approach that concentrates on improving life for the adults concerned;• Raise public awareness so that communities as a whole, alongside professionals,

play their part in preventing, identifying and responding to abuse and neglect;• Provide information and support in accessible ways to help people understand the

different types of abuse, how to stay safe and what to do to raise a concern about the safety or wellbeing of an adult; and

• Address what has caused the abuse or neglect.

- Paragraph 14.11 of the Care and Support statutory guidance

THE SCOPE OF ADULT SAFEGUARDING

Safeguarding responsibilities apply :

…. where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there)—

(a) has needs for care and support (whether or not the authority is meeting

any of those needs),

(b) is experiencing, or is at risk of, abuse or neglect, and

(c) as a result of those needs is unable to protect himself or herself against

the abuse or neglect or the risk of it.

- Section 42(1) of the Care Act 2014 - Enquiry by local authority

SAFEGUARDING PRINCIPLES

Statutory guidance sets our 6 key principles that underpin all safeguarding work:

•EMPOWERMENT •PREVENTION•PROPORTIONALITY•PROTECTION•PARTNERSHIP•ACCOUNTABILITY

WHAT ARE ABUSE AND NEGLECT?

Paragraph 14.17 of the statutory guidancePhysical abuseDomestic violenceSexual abusePsychological abuseFinancial or material abuseModern slaveryDiscriminatory abuseOrganisational abuse Neglect and acts of omissionSelf-neglect

QUESTION ?

Are there any new categories of abuse under the new legal framework?

If so, what are they?

CARE ACT 2014 OVERVIEW OF SAFEGUARDING PROVISIONS (1)

CARE ACT 2014 OVERVIEW OF SAFEGUARDING PROVISIONS (2)

THE CARE ACT 2014 OVERVIEW OF SAFEGUARDING PROVISIONS SCHEDULE 2 – SAFEGUARDING ADULTS BOARDS

ROLE OF THE LOCAL AUTHORITY

SAFEGUARDING STATUTORY RESPONSIBILITIES OF THE LOCAL AUTHORITY

MAKE/CAUSE TO BE MADE SAFEGUARDING ENQUIRIES – S42ESTABLISH A SAB FOR ITS AREA – S43PROTECTION OF PROPERTY – S47ARRANGE AN INDEPENDENT ADVOCATE FOR PERSON SUBJECT TO ENQUIRY OR REVIEW WHERE THAT IS REQUIRED – S68IS ONE OF THE CORE STATUTORY MEMBERS OF THE SAB – Schedule 2APPOINTS THE CHAIR FOR THE SAB – Schedule 2CAN INCLUDE AS MEMBERS OF THE SAB, OTHER SUCH PERSONS AS THE LA CONSIDERS APPROPRIATE – Schedule 2

SAFEGUARDING ENQUIRIES – SECTION 42

LOCAL AUTHORITY’S ROLE IN CONDUCTING ENQUIRIES•An enquiry is the action taken or instigated by the LA in response to a concern that abuse is or may be taking place;•The purpose of the enquiry is to decide whether or not the LA or another organisation/person should do something to help protect the adult;•If LA decides that someone else should make the enquiry e.g. a care provider then LA should be clear about the timescales;•What happens as a result of the enquiry should reflect the adult’s wishes wherever possible as stated by them or by their representative/advocate;•Whilst work with the adult may frequently require the input of a social worker, other aspects of enquiries may best be undertaken by others with more appropriate skills e.g. health professionals should undertake enquiries and treatment plans involving medicines management and pressure sores.

SAFEGUARDING ENQUIRY - PROCEDURES

Procedures for responding individual cases are set out in paragraphs 14.77 – 14.103 of the Care and Support statutory guidance

Objectives of an enquiry are to:

•establish facts;

•ascertain the adults views and wishes

•assess the needs of the adult for protection, support and redress and how they might be met;

•Protect from the abuse and neglect;

•Make decisions as to what follow up action should be taken with regard to the person or organisation responsible for the abuse or neglect, and

•enable the adult to achieve resolution and recovery.


What should the enquiry take into account?•wishes of the adult, including adults lacking capacity;•interventions in family or personal relationships should be carefully considered e.g. will termination of contact with family members also be “abusive” and amount to breach of right to family life?

In considering how to respond LA needs to consider:•the adult’s needs for care and support;•adult’s risk of abuse or neglect;•adult’s ability to protect themselves;•impact of the enquiry on the adult/their wishes;•impact of the enquiry on important relationships;•potential of action and increasing risk to the adult;•responsibility of the person/organisation who has caused the abuse/neglect


WHO CAN CARRY OUT A SAFEGUARDING ENQUIRY?

•LA is the lead agency for making enquiries but can require others to undertake them;•The statutory guidance at paragraph 14.84 says best person to undertake an enquiry is someone who already knows the adult e.g. social worker, housing support worker, a GP or other health professional e.g. community nurse;•In any case, LA is responsible for ensuring that the enquiry is referred to the right place and acted upon;•LA in its lead and co-ordinating role should ensure that the enquiry satisfies its duty under s42 and that it decides what if any action is needed to protect the adult and by whom to ensure that this action is taken when necessary.


WHAT HAPPENS AFTER AN ENQUIRY?

Decide on further actions including:

•safeguarding plans/protection plans

•disciplinary

•complaints

•criminal investigations

•work to improve care standards e.g. by CQC or contract managers

•therapeutic/family work, mediation, conflict resolution


WHAT HAPPENS AFTER AN ENQUIRY? (cntd)

Taking action:

If outcome of an enquiry is formulation of an agreed action this should be recorded in the adult’s care plan and will be the responsibility of the relevant agency to implement. In this respect the care plan should set out:

•what steps are to be taken to assure their safety;

•provision of support/treatment/therapy/ongoing advocacy;

•how to support the adult through any action they take to seek redress;

•ongoing risk management strategy;

•any action to be taken in response to the person or organisation who has caused the harm.

Safeguarding and criminal offences

LA has lead role in making safeguarding enquiries however where criminal activity is suspected, police should be involved at an early stage.

Police lead the criminal investigation with LA support e.g. through provision of information and assistance. LA has ongoing duty to promote the wellbeing of the adult in these circumstances.

Some examples of abuse and neglect that amount to criminal offences are:

•physical/sexual assault or rape;•psychological abuse or hate crime;•wilful neglect;•unlawful imprisonment;•theft and fraud;•certain forms of discrimination

Safeguarding and criminal offences

• Criminal investigation of police takes priority over all other enquiries, although multi-agency approach should be agreed to ensure that the interests and personal wishes of the adult are considered throughout;

• Welfare of adult and others e.g. children is paramount and requires risk assessment to ensure the outcome is in their interests and enhances their wellbeing;

• If the adult has capacity and does not want any action to be taken, this does not prevent sharing of information with relevant professional colleagues to assess risk of harm and ensure adult is not being unduly influenced, coerced or intimidated and to check the safety and validity of the decisions being made.

- see paragraphs 14.70 – 14.76 of the Care and Support Statutory Guidance

Section 68 places a duty on local authorities to arrange an independent advocate to be available to represent and support an adult who is the subject of an adult safeguarding enquiry or a safeguarding adults review where appropriate.

The duty applies where the LA considers that the individual would experience substantial difficulty in doing one or more of the following:

(a)understanding relevant information;

(b)retaining that information;

(c)using or weighing that information as part of the process of being involved;

(d)communicating the individual’s views, wishes or feelings (whether by talking, using sign language or any other means)

- Section 68 of the Act and Chapter 7 of the Care and Support Statutory Guidance

INDEPENDENT ADVOCACY SUPPORT SECTION 68


The duty to arrange an independent advocate does not apply if the LA is satisfied that there is a person –

(a)who would be an appropriate person to represent and support the adult for the purpose of facilitating the adult’s involvement, and

(b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration

- Section 68(4) of the Act


A person is not appropriate if:

•They are already providing the person with care and treatment, e.g. a GP, nurse, key worker;

•Someone who the person does not wish to support them e.g. a relative perhaps because the person wishes to move towards independence from their family. If the person has capacity or is competent to consent their wishes must be followed. If the person lacks capacity, the LA must be satisfied that it is in their best interests to be supported and represented by the individual.


Who can act as an advocate?

Advocates must have:

•A suitable level of appropriate experience – e.g. in non-instructed advocacy or in working with groups of people who may have substantial difficulty in engaging with assessments and care and support planning;

•Appropriate training – e.g. training in advocacy, or dementia, or people with learning disabilities;

•Competency in the task - i.e. regular training and assessments;

•Ability to work independently of the LA or body carrying out assessments or reviews on the LA’s behalf;

•Arrangements for regular supervision – supervised by someone who can guide their practice and develop their competence.

- Paragraph 7.43 of the Care and Support Statutory Guidance


Who can act as an advocate?

Advocates must not:

•Be working for the LA;

•Someone who is providing care or treatment to a person in a professional or a paid capacity.


ROLE OF THE INDEPENDENT ADVOCATE

•Assist a person to understand the safeguarding process;•Assist the person to communicate their views wishes and feelings to the staff who are carrying out the safeguarding enquiries or review;•Assist a person to understand their rights under the Care Act, their rights to have concerns i.e. in relation to safeguarding, their wider rights including their rights to liberty and family life.;•Assisting a person to challenge a decision or process made by the LA, and where they can’t challenge the decision then to do so on their behalf.


ROLE OF THE INDEPENDENT ADVOCATE

In terms of safeguarding, the following are the particular important issues for advocates to address. These are assisting a person to:

•decide what outcomes/changes they want•understand the behaviour of others that are abusive/neglectful•understand which actions of their own may expose them to avoidable abuse or neglect•understand what actions that they can take to safeguard themselves•understand what help and advice they can expect from others, including the criminal justice system•understand what parts of the process are completely or partially within their control•explain what help they want to avoid reoccurrence and also recover from the experience

SAFEGUARDING ADULTS BOARDS


• Main objective of the SAB is to assure itself that local safeguarding arrangements and partners act to help and protect adults in its area who meet the criteria outlined in section 42(1);

• SAB has a strategic role greater than the sum of the operational duties of the core partners;

• Oversees and leads adult safeguarding across the locality and will be interested in a range of matters that contribute to the prevention of abuse and neglect – this includes safety of patients in its local health services, quality of local care and support services, effectiveness of prisons/approved premises in safeguarding offenders;

• SAB partners to feel able to challenge each other and partner organisations where it believes their actions or inactions are increasing the risk of abuse and neglect;

• Provide advice and assistance to help others improve safeguarding mechanisms

- Paragraph 14.105 -106 of the Care and Support statutory guidance


THREE CORE DUTIES OF THE SAB

Must publish a strategic plan for each financial year setting out how it will meet its main objective and what the members will do to achieve this;Must publish an annual report detailing what the SAB has done during the year to achieve its main objective and implement its strategic plan, what each member has done to implement the strategy as well as detailing the findings of any safeguarding adults reviews and subsequent action;Must conduct Safeguarding Adults reviews in accordance with section 44 of the Act.


Other responsibilities include:•develop preventative strategies for protecting adults that aim to reduce instance of abuse and neglect in its area;•balance the requirements of confidentiality with the consideration that, to protect adults, it may be necessary to share information on a “need to know” basis;•promote multi-agency and consider any specialist training that may be required, including jointly commission some training with other partnerships e.g. Community Safety Partnership•identifying the role, responsibility, authority and accountability with regard to the action each agency and professional group should take to ensure the protection of adults;•establish ways of analysing and interrogating data on safeguarding notifications that increase the SAB’s understanding of prevalence of abuse and neglect locally that builds over time

- Paragraph 14.110 of the Care and Support Statutory Guidance

MEMBERSHIP OF THE SAB (1)

Paragraph 1 of Schedule 2 of the Care Act 2014

Specifies the statutory core membership of the SAB:

a) the local authority which established it,

(b) a clinical commissioning group the whole or part of whose area is in the local authority’s area,

(c) the chief officer of police for a police area the whole or part of which is in the local authority’s area, and

(d) such persons, or persons of such description, as may be specified in regulations


Paragraph 1 of Schedule 2 of the Care Act 2014

The membership of a SAB may also include such other persons as the local authority which established it, having consulted the other members listed in sub-paragraph (1), considers appropriate. A local authority, having consulted the other members of its SAB, must appoint as the chair a person whom the authority considers to have the required skills and experience. Each member of an SAB must appoint a person to represent it on the SAB; and the representative must be a person whom the member considers to have the required skills and experience.


SABs may wish to invite additional partners to some meetings, depending on the specific focus, or to participate in its work more generally, e.g:

•Ambulance and fire services;•Representatives/providers of health and social care services, including independent providers;•Representatives of housing providers;•GPs;•Representatives of further education colleges;•Members of user, advocacy and carer groups;•Local Healthwatch;•Care Quality Commission;•Representatives of children’s safeguarding boards;•Trading Standards

- Paragraph 14.117 of the Care and Support statutory guidance


Skills and experience of SAB members:

LA which establishes the SAB must ensure that between them, all members of the SAB have skills and experience necessary for the SAB to act effectively and efficiently to safeguard adults in its area. Therefore members who attend in a professional and managerial capacity should be:•able to present issues clearly and in person;•experienced in the work of their organisation;•knowledgeable about the local area and population;•able to promote the aims of the SAB;•able to commit their organisation to agreed actions;•have a thorough understanding of abuse and neglect and its impact;•Understand the pressures facing front line practitioners.

- Paragraph 14.120, Care and Support Statutory guidance

DUTIES OF THE SAB (1)

Section 43 - Safeguarding Adults Boards

Section 43(1) – The objective of the SAB is to help and protect adults in its area of the kind described in section 42(1)

Section 43(2) - The SAB must seek to achieve its objective by co-ordinating and ensuring the effectiveness of what each of its members does


Section 44 – Safeguarding Adults Reviews

Section 44 (1) The SAB must arrange a safeguarding adults review of a case involving an adult in its area with needs for care and support(whether or not the LA has been meeting any of those needs if

(a) There is reasonable cause for concern about how the SAB/its members/other persons with relevant functions worked together to safeguard the adult, and

(b) Either the adult has died and the SAB knows/suspects death resulted from abuse/neglect, or the adult is still alive and the SAB knows/suspects that the person has experienced serious abuse/neglect


Safeguarding Adult Reviews

Section 44(5)

Each member of the SAB must co-operate in and contribute to the carrying out of a review under section 44 with a view to:

(a)identifying the lessons to be learned from the adult’s case;

(b)applying those lessons to future cases

DUTIES OF THE SAB (5) SCHEDULE 2 OF THE CARE ACT 2014

Paragraph 3 – duty to publish for each financial year a plan (its “strategic plan”) which sets out:

(a) its strategy for achieving its objective (see section 43), and

(b) what each member is to do to implement that strategy.


Paragraph 3 - Duty to publish the strategic plan for each year

In preparing the strategic plan it must

(a) consult Local Healthwatch for its area

(b) involve the community in its area


Paragraph 4 - Duty to publish annual report

The annual report must deal with the matters specified in paragraph 4(1), namely:

(a)what it has done during that year to achieve its objective,

(b)what it has done during that year to implement its strategy,

(c)what each member has done during that year to implement the strategy,

(d)the findings of the reviews arranged by it under section 44 (safeguarding adults reviews) which have concluded in that year (whether or not they began in that year),

(e)the reviews arranged by it under that section which are ongoing at the end of that year (whether or not they began in that year),

(f)what it has done during that year to implement the findings of reviews arranged by it under that section, and

(g)where it decides during that year not to implement a finding of a review arranged by it under that section, the reasons for its decision.


The SAB must send a copy of the annual report to the following:

(a)the chief executive and the leader of the local authority which established the SAB,

(b)the local policing body the whole or part of whose area is in the local authority’s area,

(c)the Local Healthwatch organisation for the local authority’s area, and

(d)the chair of the Health and Wellbeing Board for that area

CO-OPERATION – EXPLICIT DUTY ON SABS

Section 44 – Safeguarding adults reviews

S44(5) specifies that each member of the SAB must co-operate in and contribute to the carrying out of a review under section 44 with a view to:

(a)Identifying the lessons to be learned from an adult’s case

(b)Applying those lessons to future cases

POWERS OF THE SAB (1)

SECTIONS 43 AND 45

May do anything which appears to it to be necessary or desirable for the purpose of achieving its objective – s43(4)

Can require person to supply information to the SAB or another relevant person, and the person to whom the request is made must supply it if specified conditions are met – s45

POWERS OF THE SAB (2)

SCHEDULE 2 – paragraphs 1& 2

MembershipA SAB may regulate its own procedure

Funding and other resourcesStatutory core member of SAB can make payments towards expenditure incurred by, or for purposes connected with, the SAB—

(a) by making the payments directly, or

(b) by contributing to a fund out of which the payments may be made. Statutory core member of SAB may provide staff, goods, services, accommodation or other resources for purposes connected with the SAB

SAB POWERS

WITH WIDER POWERS COMES:

-MORE TRANSPARENCY-GREATER SCRUTINY-HIGHER PUBLIC EXPECTATIONS

QUESTIONS

• How might the SAB choose to exercise their statutory powers?

• What potential barriers might their be?

SAFEGUARDING:

LOCAL ROLES AND RESPONSIBILITIES

SAFEGUARDING LOCAL ROLES AND RESPONSIBILITIES

In order to achieve the aims of adult safeguarding roles and responsibilities should be clear and collaboration should take place at the following levels

•operational;

•supervisory line management;

•designated Adult Safeguarding Managers (DASMs);

•senior management staff;

•corporate/cross authority;

•chief Officers/chief executive

SAFEGUARDINGLOCAL ROLES AND RESPONSIBILITIES

SENIOR MANAGERS:

Each agency to identify a senior manager to take a lead role in organisational and in interagency arrangements, including the SAB – must be someone sufficiently senior to take strategic decisions and commit resources.

CHIEF OFFICERS AND EXECUTIVES

In particular the Director of Adult Social Services has a very important leadership and challenge role to play in adult safeguarding

LOCAL AUTHORITY MEMBERS

Members are required to have a good understanding of adult safeguarding, principles and issues. LA Health Scrutiny functions, Health and Well Being Boards and Community Safety Partnerships play a valuable role in assuring local safeguarding measures.

SAFEGUARDINGLOCAL ROLES AND RESPONSIBILITIES

COMMISSIONERS

Commissioners for the LA, NHS and CCGs must assure themselves of the quality and safety of organisations they place contracts with and ensure contracts have explicit clauses holding providers to account for preventing and dealing promptly with abuse and neglect;

PROVIDERS

Clear operational policies and procedures that reflect framework set by the SAB in consultation with them.

VOLUNTARY ORGANISATIONS

Work with SAB and commissioners to agree how their role fits alongside them. REGULATED PROFESSIONALS (e.g. doctors, nurses SWs etc)

Must understand how professional standards/requirements underpin their organisational roles to prevent, recognise, respond to abuse.

Designated Adult Safeguarding Manager (1) Paragraph 14.175 – 14.186 of the Statutory Guidance

Each member of the SAB should have a Designated Adult Safeguarding Manager.

The DASM has the role/responsibilities :

•Management and oversight of individual complex cases;

•Co-ordination where allegations are made or concerns raised by a person;

•Keeping in regular contact their counterparts in partner organisations;

•Highlighting the extent to which their own organisation prevents neglect and abuse taking place;

•Providing advice and guidance within their organisation and liaising with other agencies as necessary;

Designated Adult Safeguarding Manager (2) Paragraph 14.175 – 14.186 of the Statutory Guidance

Cnt/d

•Monitoring progress of cases to ensure they are as quickly as possible;

•Ensuring appropriate recording systems are in place to provide clear audit trails about decision making and recommendations in all processes relating to the management of safeguarding allegations;

•Ensuring control of information in individual cases complies with data protection and confidentiality requirements;

•Working closely with children’s services LADO and other LADOs and DASMs in the region/nationally to share information and best practice

INFORMATION SHARING

INFORMATION SHARING

Record keeping – staff to be given clear direction as to what information should be recorded and in what format.

In particular consider:

•What information do staff need to know in order to provide a high quality response to the adult concerned?

•What information do staff need to know in order to keep adults safe under the service’s duty to protect people from harm?

•What information is not necessary?

•What is the basis for any decision to share/not to share information with a third party?

INFORMATION SHARING

CONFIDENTIALITY

Agencies should draw up a common agreement relating to confidentiality and setting out principles governing the sharing of information. This should be consistent with principles set out in the Caldicott Review 2013 ensuring that:

•information will only be shared on a “need to know” basis;•confidentiality should not be confused with secrecy;•informed consent should be obtained but if that is not possible and others are at risk of abuse/neglect it may be necessary to override need to obtain consent;•It is inappropriate for agencies to give assurances of absolute confidentiality in cases where there are concerns about abuse.

SUPPLY OF INFORMATION TO SAB (1)

SECTION 45

If certain conditions are met, a person or body must supply information to a SAB at its request.

The conditions are

•CONDITION 1 - the information must be requested for the purpose of enabling or assisting the SAB to perform its functions; and

•CONDITION 2 - the person or body requested to supply the information must have functions or engage in activities such that the SAB considers it likely to have information relevant to a function of the SAB and either


CONDITION 3 - The information relates to:

(a)the person to whom the request is made

(b)a function or activity of that person, or

(c) a person in respect of whom that person exercises a function or engages in an activity

OR

CONDITION 4 – the information:

(a) is information requested by the SAB from a person to whom information was supplied in compliance with another request under section 45, and

(b) is the same as or derived from that information.


EXAMPLE

A GP who provided medical advice or treatment to an adult in respect of whom a SAB was carrying out a serious case review, or to a family member or carer of that adult.

It would also potentially encompass a person carrying out voluntary work that brought him or her into contact with such an adult or with a family member or carer, or a minister of a church attended by such an adult or by a family member or carer.

SUPPLY OF FALSE OR MISLEADING INFORMATION

SECTION 92 This section creates a new offence so that providers of health services and adult social care in England, which supply, publish or otherwise make available information that is false or misleading, could be subject to criminal sanctions.

It is envisaged that the offence will typically apply in cases involving the supply of information to the Secretary of State, the Health and Social Care Information Centre, regulators and commissioners, in accordance with those persons’ and bodies’ statutory powers to require information

THE CARE ACT 2014 OTHER SAFEGUARDING SPECIFIC PROVISIONS

Section 46

Abolishes the power of local authority under section 47 of the National Assistance Act 1948 to remove persons in need of care.

Section 47

Imposes a duty on the LA to take reasonable steps to prevent or mitigate loss or damage to movable property of an adult where (i) the adult’s needs for care local authority and support are being met by the LA in accommodation/or he is in hospital, or both, (ii) it appears to the LA there is a danger of loss or damage to the property, (iii) no suitable arrangements have been or are being made.

PRISONERS AND PERSONS IN APPROVED PREMISES

SECTION 76

Section 76 sets out responsibilities for provision of care and support for adult prisoners and people residing in approved premises (which includes bail accommodation).

Where it appears to a local authority that adults in prison or approved premises may have needs for care and support, the local authority will be under a duty to assess their needs and where they have needs which meet the eligibility criteria, may be under a duty to meet those needs.



SECTION 76

Sections 76(7) to (9) say that the following provisions in respect of safeguarding do NOT apply to persons in prisons and approved premises:

Section 42 – safeguarding enquiry by LA

Section 44 – safeguarding reviews in so far as the case relates to a period when the person was in prison/residing in approved premises;

Section 43(2) – SAB’s objective, but SAB can provide advice and assistance for the purpose of helping and protecting prisoners etc in its area that meet criteria in s42(1)

Section 47 – protection of property


SECTION 76

Section 76(10) says that:

Regulations under Schedule 2, paragraph 1 (membership of the SAB) may not specify the governor, director or controller of a prison or a prison officer or prison custody officer.

However the statutory guidance at paragraph 17.69 says that LAs should consider inviting prison and probation staff to be members of SAB.


•LA and care provider staff must understand what to do where there is concern about abuse and neglect of adult in custody

• Prisons must ensure they have clear safeguarding policies and procedures that are explained to all visiting staff;

•Prison and probation staff can approach the LA at anytime for advice assistance in individual cases although the LA will not have the legal duty to lead enquiries in any custodial setting.

- Paragraph 17.68 to 17.69 of the Care and Support statutory guidance

What does the new statutory framework mean for LAs, SABs and others? (1)


•SAB are strengthened and have more powers than they did under “No Secrets”

•However SAB’s are also more transparent and subject to greater scrutiny

•Providers of domiciliary, residential, nursing home care, hospitals must have clear operational policies and procedures that reflect framework set by SAB in consultation with them – paragraph 14.175 of the guidance

•Designated Adult Safeguarding Manager (‘DASM’) – Each member of the SAB must have a DASM responsible for the management and oversight of individual complex cases and co-ordination where concerns are raised about a person – paragraph 14.176 of the guidance

•Need to agree processes e.g. information sharing, procedures for carrying out SARs`etc

What does the new statutory

framework mean for LAs, SABs and others? (2) LOCAL AUTHORITIES

•Emphasis on sensible risk appraisal not risk avoidance

•All organisations involved in safeguarding will need to ensure that their practices and procedures reflect the statutory guidance when devising training and implementation plans for staff

•All policies and procedures should be based on processes set out in the statutory guidance

•All Council departments must make staff aware of adult abuse/neglect and how to report concerns

•Councillors need to be made aware of their corporate role in protecting adults from abuse and neglect

•Need to agree with partners how new arrangements will work (developing local policies, information sharing agreements between agencies) etc

What does the new statutory framework mean for LAs, SABs and others? (3)

OTHERS

(Including Carers, Partners, Providers)

•Listening to carers who speak up and including them in safeguarding enquiries•Partners to ensure they have mechanisms in place that enable early identification and assessment of risk through timely information and sharing and targeted multiagency intervention•Policies and procedures•Training staff•Support safeguarding enquiries and co-operating in the same•Multi-agency working and co-operation

SAFEGUARDING - ENGAGEMENT

Need to engage:•Staff•Service users•Carers•Voluntary sector•Providers•Partners e.g. Health, the Police, Fire and Rescue, Prisons, Probation.

Pan London Adult Safeguarding Procedures

“Protecting adults at risk:

London multi-agency policy and procedures and safeguard adults from risk”

•Being updated;•Final amended version expected June 2015

THE ‘MAKING SAFEGUARDING PERSONAL’ APPROACH

ADASS/LGA guides:

http://www.local.gov.uk/adult-social-care/-/journal_content/56/10180/6074789/ARTICLE

Useful Links/Resources (1)

Department of Health Fact sheets on the Care Act 2014 can be accessed at:

https://www.gov.uk/government/publications/care-act-2014-part-1-factsheets.

Local Government Association Website:

http://www.local.gov.uk/care-support-reform

Skills for Care:

http://www.skillsforcare.org.uk/Standards/Care-Act/Learning-and-development/Learning-and-development.aspx

https://www.gov.uk/government/publications/care-act-2014-part-1-factsheets

https://www.gov.uk/government/publications/care-act-2014-part-1-factsheets

http://www.local.gov.uk/care-support-reform



Useful Links/Resources (2)

The Care Act 2014 can be accessed at:

http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

The regulations and statutory guidance can be found here:

https://www.gov.uk/government/consultations/updating-our-care-and-support-system-draft-regulations-and-guidance



Question &

answer session

Documents

THE CARE ACT 2014 Safeguarding adults at risk of abuse or neglect By Mary-Anne Anaradoh - Lawyer Legal Services LB Islington 4 March 2015