The safeguarding aspects of the Care Act 2014 and related statutory guidance – implications for housing and housing support providers

Imogen Parry Independent safeguarding adults consultant, researcher and trainer for the housing sector Co-chair of the Housing and Safeguarding Adults Alliance 1

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The limitations of ‘No Secrets’ 2000

Statutory guidance – not legislation Preceded the Mental Capacity Act 2005, much case law arising from the Human Rights Act 1998, DoLS Referred to ‘vulnerable adults’ and ‘adult protection’ not ‘adult at risk’ or ‘safeguarding’ Focus on processes and procedures, contributed to ‘risk aversion’ not personalisation or outcomes Lack of clarity about differences between poor practice, abuse, crime ‘Only’ sheltered and supported housing staff included 2

Statements of Government Policy on Adult Safeguarding

• Issued in May 2011 and May 2013 • Set out adult safeguarding principles: – – – – – –

Empowerment

– presumption of person led decisions and informed consent

Prevention

– it is better to take action before harm occurs

Proportionality

– proportionate and least intrusive response appropriate to the risk presented

Protection

need – support and representation for those in greatest

Partnership

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

Accountability

– accountability and transparency in delivering safeguarding 3

The Care Act 2014

safeguarding sections 42 - 45

• New duty for local authority to carry out enquiries (or cause others to) where it suspects an adult is at risk of abuse or neglect.

• Requirement for all areas to establish a Safeguarding Adults Board (SAB) • SABs to carry out safeguarding adults reviews (SARs) • New ability for SABs to require information sharing from other partners to support SARs or other functions.

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The Care Act 2014

– other sections and guidance relevant to safeguarding adults

• Well-being • Co-operation • Prevention focus • Advocates • Wide scope for what constitutes abuse or neglect • Self-neglect included in list of types of abuse for the first time 5

Does the Care Act go far enough to safeguard adults? (1)

• The Care Act is a major improvement on ‘No Secrets’ • But there: • are resource concerns • is no power of entry or duty to report despite much lobbying and debate • may be insufficient ‘teeth’ for SABs to be effective 6

Does the Care Act go far enough to safeguard adults? (2)

• is a lack of clarity about thresholds and sometimes an absence of systems for low level concerns • are insufficient references to the need to make links with other issues such as domestic abuse, hate crime and ASB • is a lack of clarity about consent issues 7

The Care Act draft statutory guidance for adult safeguarding – housing implications (1)

• 14 references to housing providers, housing support providers • Agencies should identify a senior manager to take a lead role in organisational and inter-agency safeguarding arrangements • Although not a statutory member of SABs, housing providers and housing support providers may be invited • Housing support workers may be asked to ‘make enquiries’ 8

The Care Act draft statutory guidance for adult safeguarding – housing implications (2)

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All

housing providers and housing support providers should have clear operational policies and procedures in adult safeguarding

All

housing staff must be: • familiar with the six principles underpinning adult safeguarding • trained in recognising the symptoms of abuse • vigilant and able to respond to adult safeguarding concerns 9