Contents

 

• Introduction
• Information covered by the Act
• Data Protection Principles
• Conditions
• Individuals’ Rights
• Legal Requirements
• No commercial disposal to third parties
• Our commitment to Data Protection
• Further information

 

Responding to Disclosure, Suspicion or Witnessing of Abuse

 

Where an adult at risk discloses or discusses potential abuse or harm the staff member should be able to:

 

Recognise: Identify that the adult at risk may be describing abuse, even when they may not be explicit

Respond: Stay calm, listen and show empathy

Reassure them that it will be taken seriously and explain that there is a duty to report the issues internally and what may happen next

Record: Write up notes of the conversation clearly and factually as soon as possible

Report in a timely manner to the appropriate people and organisations

 

Responding to a Disclosure Remember you are not investigating. Do:

Stay calm and try not to show shock

Listen very carefully

Be sympathetic

Be aware of the possibility that medical evidence might be needed Tell the person that:

They did a good/the right thing in telling you

You are treating the information seriously

It was not their fault

 

Explain that you must tell your line manager and, with their consent, your manager will contact the Local Authority Safeguarding Adults Team and/or the Police. Mrs Martha Chapinga should be informed.

Beyond Support Limited will, in specific circumstances, need to contact Birmingham City Council

Council House Victoria Square Birmingham B1 1BB

 

Adult Safeguarding Team without their consent but their wishes will be made clear throughout.

 

If a referral is made but the adult at risk is reluctant to continue with an investigation, record this and bring this to the attention of the

Birmingham City Council Council House

Victoria Square Birmingham B1 1BB

 

Safeguarding Adults Team. This will enable a discussion on how best to support and protect the adult at risk. However, a professional case discussion will still need to take place and should be recorded appropriately.

 

Responding to Abuse or Neglect – What to do

 

Beyond Support Limited will ensure that staff:

 

Address any immediate safety and protection needs

Make an immediate evaluation of the risk and take steps to ensure that the adult is in no immediate danger

Where appropriate, call 999 for the emergency services if there is a medical emergency, other danger to life or risk of imminent injury, or if a crime is in progress. Where a crime is suspected of being committed, leave things as they are wherever possible

Summon urgent medical assistance from the GP or other primary healthcare service if there is a concern about the adult’s need for medical assistance or advice. Care Workers can call the NHS 111 service for urgent medical help or advice when the situation is not life-threatening

The adult may feel frightened, so the Care Worker should ascertain whether they want the Care Worker to arrange for someone they feel comfortable with to stay with them

Beyond Support Limited should consider if there are other adults or children with care & support needs who are at risk of harm, and take appropriate steps to protect them

The Care Worker should consider supporting and encouraging the adult to contact the Police if a crime has been or may have been committed

The Care Worker should contact their line manager as soon as possible to inform them of the incident or concern

Mrs Martha Chapinga should be informed and contacted on 01213142419

as soon as possible

 

Decision-Making Pre-Referral to the Birmingham City Council

Council House Victoria Square Birmingham

B1 1BB

 

Adult Safeguarding Team

 

Mrs Martha Chapinga or the Safeguarding Lead will usually lead on decision-making. Where such support is unavailable, consultation with another more senior staff should take place.

In the event that these are unavailable, seeking the advice of Birmingham City Council

Council House Victoria Square Birmingham B1 1BB

 

will be considered. Staff will also take action without the immediate authority of a line manager:

 

If discussion with the manager would involve delay in an apparently high-risk situation

If the person has raised concerns with their manager and they have not taken appropriate action (whistleblowing)

 

Beyond Support Limited will ensure that staff are aware of local reporting procedures and timescales for raising adult safeguarding concerns.

 

Referral to the

 

Birmingham City Council

 

Council House Victoria Square Birmingham

B1 1BB

 

Adult Safeguarding Team

 

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Beyond Support Limited should ensure that Birmingham City Council

Council House Victoria Square Birmingham B1 1BB

 

Safeguarding Adult referral process is followed and should collate the following information to assist with the referral. The referral process should be clearly visible with contact numbers, including out-of-hours, where staff can access the information.

 

The referral information will also be required for some of the CQC notification of abuse documentation. Beyond Support Limited should use any up to date Care Plan information where possible and have the following information available where possible:

 

Demographic and contact details for the adult at risk, the person who raised the concern and for any other relevant individual, specifically carers and next of kin

Basic facts, focussing on whether or not the person has care and support needs including communication and ongoing health needs

Factual details of what the concern is about; what, when, who, where?

Immediate risks and action taken to address risk

Preferred method of communication

If reported as a crime, details of which police station/officer, crime reference number, etc.

Whether the adult at risk has any cognitive impairment which may impede their ability to protect themselves

Any information on the person alleged to have caused harm

Wishes and views of the adult at risk, in particular consent

Advocacy involvement (includes family/friends)

Information from other relevant organisations for example, the CQC

Any recent history (if known) about previous concerns of a similar nature or concerns raised about the same person, or someone within the same household

Names of any staff involved

 

Documenting a Disclosure

 

Beyond Support Limited must ensure that staff:

 

Make a note of what the person actually said, using his or her own words and phrases

Describe the circumstance in which the disclosure came about

Note the setting and anyone else who was there at the time

When there are cuts, bruises or other marks on the skin use a body map to indicate their location, noting the colour of any bruising

Make sure the information the Care Worker writes is factual

Use a pen with black ink so that the report can be photocopied

Try to keep your writing clear

Sign and date the report, noting the time and location

Be aware that the report may be needed later as part of a legal action or disciplinary procedure

 

Informing Relevant Inspectorate

 

By law, Beyond Support Limited must notify the Care Quality Commission without delay, incidents of abuse and allegations of abuse, as well as any incident which is reported to or investigated by the Police

Beyond Support Limited must notify the CQC about abuse or alleged abuse involving a person(s) using the service, whether the person(s) is/are the victim(s), the abuser(s), or both

Beyond Support Limited must also alert the relevant local safeguarding authority when notification is made to the CQC about abuse or alleged abuse

The forms are available on the CQC website

If a concern is received via the whistleblowing procedure, Beyond Support Limited must inform the

 

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Birmingham City Council

 

Council House Victoria Square Birmingham B1 1BB

 

Safeguarding Team and the CQC

 

Strategy Meeting / Case Conference

 

Following the investigation or at any time during the process, a case conference with all relevant agencies may be called to make decisions about future action to address the needs of the individual

Any agency involved in the case may ask for a case conference to be held but the final decision to hold a conference is with the

Birmingham City Council Council House

Victoria Square Birmingham B1 1BB

 

Safeguarding Adults Team Manager

Beyond Support Limited should ensure that they attend this meeting when invited and that all relevant information about the incident is available. A timeline of events is a useful document to prepare in complex cases

 

Involve the Service User Concerned Throughout the  Process

 

The process of the enquiry should be explained to the Service User in a way they will understand and their consent to proceed with the enquiry obtained, if possible

Arrangements should be made to have a relative, friend or independent advocate present if the person so desires. The relative, friend or independent advocate should not be a person suspected of being in any way involved or implicated in the abuse

A review of a Service User's Care Plan should be undertaken to ensure individualised support following the incident

The individual should be supported by the service to take part in the safeguarding process to the extent to which they wish, or are able to, having regard to their decisions and opinions, and they should be kept informed of progress

 

Desired Outcomes Identified by the Adult

 

The desired outcome by the adult at risk should be clarified and confirmed at the end of the conversation(s), to:

 

Ensure that the outcome is achievable

Manage any expectations that the adult at risk may have

Give focus to the enquiry

Staff should support adults at risk to think in terms of realistic outcomes but should not restrict or unduly influence the outcome that the adult would like. Outcomes should make a difference to risk, and at the same time satisfy the person's desire for justice and enhance their well-being

The adult’s views, wishes and desired outcomes may change throughout the course of the enquiry process

There should be an on-going dialogue and conversation with the adult to ensure their views and wishes are gained as the process continues, and enquiries re-planned should the adult change their views

The Service User should be informed of the outcome of any investigation, but guidance should be sought from the Local Authority Adult Safeguarding Team before any outcome is shared

 

Disclosure and Barring Service (DBS) Referral

 

There is a statutory requirement for providers of Care to refer workers to the DBS for inclusion on the DBS

 

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Vetting and Barring scheme list if they consider that the person is guilty of misconduct such that a vulnerable adult was harmed or placed at risk of harm. This requirement covers both existing employees and those who leave their employment, and whose conduct comes to light at a later date. Please see the DBS/Disclosure Policy for further procedures regarding initial employment and referral.

 

Consent

 

When reporting information that directly concerns the safety of an adult at risk of harm, consent from the Service User is not required. However, informing the Service User of your concerns and your referral is good practice unless it would put you or your colleagues at risk or it would put the adult at further risk. When reporting to a local authority allegations or concerns about an adult at risk of harm, the Local Authority must be informed whether the Service User is aware of the report. In reporting all suspected or confirmed cases of harm, an employee has a responsibility to act in the best interest of the Service User but still operate within the relevant legislation and the parameters of the codes and standards of their practice

Confidentiality and Information Sharing

 

In seeking to share information for the purposes of protecting adults at risk, Beyond Support Limited is committed to the following principles:

 

Personal information will be shared in a manner that is compliant with our statutory responsibilities

Adults at risk will be fully informed about information that is recorded about them and as a general rule, be asked for their permission before information about them is shared with colleagues or another agency. However, there may be justifications to override this principle if the adult or others are at risk

Staff will receive appropriate training on Service User confidentiality and secure data sharing

The principles of confidentiality designed to protect the management interests of Beyond Support Limited must never be allowed to conflict with those designed to promote the interests of the adult at risk

Staff will follow the policy on Data Protection and Confidentiality and comply with the Caldicott principles

 

Pressure Ulcers

 

Pressure ulcers are costly in terms of both Service User suffering and the use of resources. If the pressure ulcer is believed to have been caused by neglect, it should be reported as an adult safeguarding concern whether the pressure ulcer was acquired in a hospital, care setting or the Service User’s own home. Beyond Support Limited should ensure staff read and follow Safeguarding Adults Protocol Pressure Ulcers and the interface with a Safeguarding Enquiry, seeking advice and further guidance where required.

 

Where Service Users are new to the service, any pressure sores must be documented on a body map and reported in line with safeguarding procedures. Treatment should also be sought from the GP.

Medication Errors

 

Beyond Support Limited should follow local safeguarding reporting procedures for medication errors and ensure that notifications are made to the CQC in line with statutory requirements. Beyond Support Limited should have an open and transparent approach to medication incidents and ensure that staff follow the organisation's Medication Errors and Near Misses Policy and understand their Duty of Candour responsibilities.

 

Abuse of  Trust

 

A relationship of trust is one in which one person is in a position of power or influence over the other person because of their work or the nature of their activity

Where the person who is alleged to have caused the abuse or neglect has a relationship of trust with the adult at risk because they are; a member of staff, a paid employee, a paid carer, a volunteer or a manager, Beyond Support Limited should invoke disciplinary procedures for employed staff as well as taking action in line with this policy

Beyond Support Limited should ensure a referral is made to the Disclosure and Barring Service if an employee is found to have caused harm to an individual

If the person who is alleged to have caused the harm is a member of a recognised professional group, Beyond Support Limited should act under the relevant code of conduct for the profession as well as taking action under this policy

Where the person alleged to have caused the harm or neglect is a volunteer or a member of a community

 

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group, Beyond Support Limited should work with adult social services to support any action under this policy

Where the person alleged to have caused the harm is a neighbour, a member of the public, a stranger or a person who deliberately targets vulnerable people, in many cases the policy and procedures will be used to ensure that the adult at risk receives the services and support that they may need

In all cases, issues of consent, confidentiality and information sharing should be considered

 

Allegations Against People Who Are Relatives or Friends

 

There is a clear difference between unintentional harm caused inadvertently by a relative or friend and a deliberate act of either harm or omission, in which case the same principles and responsibilities for reporting to the police apply. In cases where unintentional harm has occurred, this may be due to lack of knowledge or due to the fact that the relative’s own physical or mental needs make them unable to care adequately for the adult at risk. The relative may also be an adult at risk. In this situation the aim is to protect the adult from harm, work to support the relative to provide support and to help make changes in their behaviour in order to decrease the risk of further harm to the person they are caring for. A carer’s assessment should take into account a number of factors and a referral to the Local Authority should be made as part of the safeguarding process.

Whistleblowing

 

Whistleblowing is an important aspect of the support and protection of adults at risk of harm where staff are encouraged to share genuine concerns about a colleague’s behaviour. Their behaviour may not be related to an adult at risk, but they may not be following the code of conduct or could be pushing boundaries beyond normal limits or displaying conduct which is a breach of the law, conduct which compromises health and safety or conduct which falls below established standards of practice with adults at risk.

 

Beyond Support Limited has clear Whistleblowing polices and processes in place which staff are frequently reminded about, and they must be familiar with and understand how to escalate and report concerns.

 

Abuse by Another Adult at Risk

 

We recognise that we may also have responsibilities towards the person causing the harm, and certainly will have if they are both in a care setting or have contact because they attend the same place (for example, a day centre). The person causing the harm may themselves be eligible to receive an assessment. In this situation, it is important that the needs of the adult at risk who is the alleged victim are addressed separately from the needs of the person causing the harm. It will be necessary to reassess the adult allegedly causing the harm.

 

Exploitation by Radicalisers Who Promote Violence

 

Individuals may be susceptible to exploitation into violent extremism by radicalisers. Staff will be expected to follow the Radicalisation Policy and Procedure in place at Beyond Support Limited.

 

Self-Neglect and Refusal of Care

 

Beyond Support Limited should ensure that staff understand the importance of delivering care as detailed in the Care Plan. Where a Service User refuses care this should always be documented. Where refusal occurs repeatedly it should be escalated by Beyond Support Limited as a safeguarding concern and a request for a review of the Service User's care should be instigated.

 

Self-Funding Service Users

 

People who fund their own care arrangements are legally entitled to receive support if subject to abuse or neglect in exactly the same way as those supported or funded by the Local Authority. They are also entitled to the protections of the Deprivation of Liberty Safeguards process.

 

Risk Assessment and Management

 

Achieving a balance between the right of the individual to control their care package and ensuring adequate protections are in place to safeguard well-being is a very challenging task. The assessment of the risk of abuse, neglect and exploitation of Service Users should be integral in all assessment and planning processes.

Assessment of risk is dynamic and ongoing, especially during the adult safeguarding process, and should be reviewed throughout so that adjustments can be made in response to changes in the levels and nature of risk.

 

Audit and Compliance

 

It is essential that the implementation of this policy and associated procedures is audited to ensure that Beyond Support Limited is doing all it can to safeguard those people receiving its services. The audit of this policy will be completed through a systematic audit of:

Recruitment procedures and Disclosure and Barring Checks

Audits of incident reporting, frequency and severity

Audit of training processes, including reviews of uptake of training and evaluations

 

Safeguarding concerns and incidents will be reviewed by the Senior Management Team as part of root and cause analysis with the following terms of reference:

 

Review incident themes

Reports from the lead responsible for Safeguarding within Beyond Support Limited

Look in detail at specific cases to determine learning or organisational learning

Ensure implementation of the Safeguarding policy and procedure

 

Training and Competencies

 

Beyond Support Limited will ensure that staff receive training in recognising and responding to incidents, allegations or concerns of abuse or harm as part of their induction programme. Beyond Support Limited will ensure that it benchmarks training and competencies within Beyond Support Limited with the framework outlined in Adult Safeguarding: Roles and Competencies for Healthcare Staff which we recognise applies to social care staff also and does not replace any local or contractual requirements but acts as a minimum benchmark.

Definitions

Enquiry

 

An enquiry is any action that is taken (or instigated) by a local authority, under Section 42 of the Care Act 2014, in response to indications of abuse or neglect in relation to an adult with care and support needs who is at risk and is unable to protect themselves because of those needs

 

An enquiry can also refer to similar action but not undertaken under Section 42. It should establish whether any action needs to be taken to prevent or stop abuse or neglect and if so, by whom

 

A Person with Care and Support Needs

 

According to the Care Act 2014; an older person, a person with a physical disability, a learning difficulty or a sensory impairment, someone with mental health needs, including dementia or a personality disorder, a person with a long-term health condition, someone who misuses substances or alcohol to the extent that it affects their ability to manage day-to-day living

 

Safeguarding

 

Safeguarding means protecting an adult’s right to live in safety, without suffering abuse and or neglect

 

It is multi-agency in approach to prevent and stop both the risks and experience of abuse or neglect, whilst supporting the adult’s well-being including their views, wishes, feelings and beliefs on the action to be taken where possible

 

Investigation

 

Investigation is a process that focuses on gathering “good evidence” that can be used as a basis for the decision as to whether or not abuse has occurred

 

It must be a rigorous process and the evidence must be capable of withstanding close scrutiny, as it may later be required for formal proceedings

 

Referral

 

Referral is when information regarding a possible safeguarding incident is passed on to another person for their direction. In the case of this policy, from the Provider to the Adult Social Care Team

 

Sometimes this may be referred to as 'reporting'

Well-being

 

The Care Act 2014 defines well-being as: 'in relation to an individual, means that individual’s well-being so far as relating to any of the following':

 

Personal dignity (including treatment of the individual with respect)

Physical and mental health and emotional well-being

Protection from abuse and neglect

Control by the individual over their day-to-day life (including over care and support provided to the individual and the way in which it is provided)

Participation in work, education, training or recreation

Social and economic well-being

Domestic, family and personal relationships

Suitability of living accommodation

The individual’s contribution to society

Multi-agency

 

More than one agency coming together to work for a common purpose

This could include partners of the Local authority such as: NHS England CCGs, NHS trusts and NHS foundation trusts, Department for Work and Pensions, the police, prisons, probation services, and/or other agencies such as general practitioners, dentists, pharmacists, NHS hospitals, housing, health and care providers

 

Caldicott Principles

 

The Caldicott Principles were developed in 1997 following a review of how patient information is protected and only used when it is appropriate to do so

 

Since then, when deciding whether they needed to use information that would identify an individual, an organisation should use the Principles as a test

 

The Principles were extended to adult social care records in 2000

 

The Principles were revised in 2013

 

Abuse

 

Abuse includes physical, sexual, emotional, psychological, financial, material, neglect, acts of omission, discriminatory and organisational abuse

 

The types and behaviours of abuse are documented in the Care Act Statutory Guidance Chapter 14

 

Adults at Risk

 

Adult at risk means adults who need community care services because of mental or other disability, age or illness, and who are, or may be unable to take care of themselves against significant harm or exploitation

 

The term replaces ‘vulnerable adult’

 

Concern

 

A concern may be any worry about an adult who has, or appears to have care and support needs, who is subjected to, or may be at risk of abuse or neglect, and who may be unable to protect themselves from the abuse or neglect or risk of it

 

A concern may be raised by anyone, and can be:

 

A direct or passive disclosure by the adult at risk

A concern raised by staff, volunteers, others using the service, a carer or a member of the public

An observation of the behaviour of the adult at risk, of the behaviour of another person(s) towards the adult at risk, or of one Service User towards another

Patterns of concerns or risks that emerge through reviews, audits and complaints or regulatory inspections or monitoring visits

 

Making Safeguarding Personal

 

Making Safeguarding Personal is about person-centred and outcome-focussed practice

 

It is how professionals are assured by adults at risk that they have made a difference to people by taking action on what matters to people, and is personal and meaningful to them

Modern Slavery

 

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

 

Significant Harm

Significant harm is not only ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also the impairment of, or an avoidable deterioration in, physical or mental health, and the impairment of physical, intellectual, emotional, social or behavioural development

 

Enquiry Planning / Strategy Meeting

 

Enquiry Planning / Strategy Meeting or discussion is a multi-agency discussion between relevant organisations involved with the adult at risk to agree how to proceed with the referral

 

It can be face to face, by telephone or by email

 

Honour-Based Violence

 

The terms 'honour crime', 'honour-based violence', and 'izzat' embrace a variety of crimes of violence (mainly but not exclusively against women), including physical abuse, sexual violence, abduction, forced marriage, imprisonment and murder where the person is being punished by their family or their community

 

They are punished for actually, or allegedly, 'undermining' what the family or community believes to be the correct code of behaviour

 

In transgressing this, the person shows that they have not been properly controlled to conform by their family and this is to the 'shame' or 'dishonour' of the family

 

'Honour crime' may be considered by the perpetrator(s) as justified to protect or restore the 'honour' of a family

 

Hate Crime

 

Hate (Mate) Crime - A disability hate crime is: “Any criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s disability or perceived disability.”

 

Incidents can include:

 

Physical attacks such as physical assault, damage to property, offensive graffiti and arson

Threat of attack including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate, and unfounded, malicious complaints

Verbal abuse, insults or harassment - taunting, offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplace

 

Forced Marriage

 

The Anti-Social Behaviour, Crime and Policing Act 2014 protects people from being forced to marry without their free and full consent as well as people who have already been forced to do so

 

We will ensure that staff are reminded of the one chance rule: i.e. our employees may only have one chance to speak to a potential victim of forced marriage and, therefore, only one chance to save a life

Forced marriage can involve physical, psychological, emotional, financial and sexual abuse including being held unlawfully captive, assaulted and raped

 

Law enforcement agencies will also be able to pursue perpetrators in other countries where a UK national is involved under powers defined in legislation

 

Beyond Support Limited

2A Wharf Lane

Unit 16 Star Court

Solihull, B91 2LE

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