Transcript Headings in Calibri bold

Southampton
Local Safeguarding Adults Board
Care Act Workshop
Fiona Bateman
Independent Chair LSAB
[email protected]
LSAB: Role and Responsibilities
Safeguarding responsibilities arise where there is reasonable cause to suspect that an
adult:
has needs for care and support (whether or not the LA is meeting any of those needs)
is experiencing, or is at risk of, abuse or neglect and as a result of those needs
is unable to protect him/herself against the abuse or neglect or the risk of it.
Section 43 of Care Act 2014 requires that a Local Authority establish a Safeguarding
Adults Board in order to help and protect adults in its area by coordinating and
ensuring the effectiveness of what each of its members does.
The Southampton LSAB is a multi-agency board made up of key statutory and
voluntary sector partners with responsibilities to adults at risk in Southampton. The
Board’s purpose is to ensure that local safeguarding arrangements and partnerships
are effective in protecting adults at risk or experiencing neglect and/or abuse and to
drive continual improvement.
The LSAB coordinates the strategic development of adult safeguarding
across Southampton and ensures the effectiveness of safeguarding
practices by:
•
Monitoring the effectiveness of safeguarding practice within statutory partner agencies.
The LSAB analyses data and quality-assurance reports from all agencies on a regular
basis to identify good practice and highlight any shortcomings. It is also required to
undertake Safeguarding Adults Review and monitoring implementation of any
recommendations or actions arising from these.
•
Setting priorities and coordinate the strategic development of adult safeguarding across all
sectors in Southampton. The LSAB reports annually on what has been done by the Board
and member agencies to achieve the strategic plan.
•
Supports the work of frontline staff across all partner agencies by providing clear guidance
on statutory safeguarding duties and powers and the application of these in operational
processes.
Southampton City council’s Safeguarding
adults team
The Local Authority’s Safeguarding Team role is to;
•
receive and screen alerts relating to adults at risk of abuse or neglect received from
the public, statutory partners, the private and voluntary sector
•
Initiate or cause to be made any necessary safeguarding enquiries to enable it to
decide what action is required and by whom [s42 Care Act 2014].
•
Intervene where necessary and devise, with the adult at risk and their carer or
representative, protection plans to address risks and achieve the outcomes identified
by the adult. A key aim of the team is to enable the adult to build greater resilience
against any future risk of abuse or neglect.
Agencies do not have any additional powers to investigate or
intervene where there are adult safeguarding concerns, so any
intervention must consider the legal and cultural framework of
obligations owed to an individual who, notwithstanding their
vulnerabilities, are entitled to live free from unwarranted or
disproportionate interventions.
The Safeguarding Adults Team [‘SAT’] must therefore rely heavily on
the cooperation of partner agencies, particularly those with care
assessment or management responsibilities, the public, private and
voluntary sectors to identify possible situations where a vulnerable
adult might be experiencing or at risk of abuse and neglect, raise an
alert and assist the SAT with enquiries or by undertaking actions
required as part of the protection plans.
The LSAB can assist to request from anyone information that is
relevant to the exercise of its functions [s45 Care Act]
SSAB Priorities 2014-15: Types of abuse
FINANCIAL ABUSE: 27.8% against national comparator of 18% in 2012-13
• Need to be confident that this need across partner agencies is met and
that those experiencing financial abuse have access to information and
support to protect themselves in the future.
PHYSICAL ABUSE: 28.9% compared to 28.4% nationally for 2012-13
NEGLECT: 16.2% IN 2013-14 compared to national figures for 2012-13 of
27.4%.
• Important for the SSAB to understand why abuse within residential
care has decreased and share locally and nationally examples of good
practice
in 2014-15 LSAB agreed to:
•
•
•
further develop links with key strategic forums within Southampton
including LSCB, SCP and Southampton connects and SABs in
neighbouring areas;
Re-establish the sub groups with committed membership, clear work
streams and reporting frameworks so that the tasks identified within the
Annual Report are completed and able to inform the work of the main
board;
Prepare and consult on the strategic plan for the LSAB prior to
implementation of the Care Act 2014 in April 2015.
CARE ACT 2014
SAFEGUARDING
Claire Elton
Senior Solicitor, Southampton City Council
[email protected]
Feb. 2015
Introduction
The Care Act 2014 was given Royal Assent on 14th May
2014 and the majority of the Act comes into force on
1st April 2015
Norman Lamb MP, Care & Support Minister described
the Act as being the most significant reform of care and
support in more than 60 years.
Purpose of this session- headlines
 Brief summary of the safeguarding headlines of the
Act and what it will mean for professionals.
 other important changes not be covered here are:
 Assessment & eligibility
 LA establishing and maintaining information and
advice
 Market shaping and commissioning of services
 Charging and financial assessment
 Personal budgets and direct payments
 Moving between areas-ordinary residence
For additional information
Safeguarding sections 42-46 CA 2014 and mainly in Chapter 14 statutory
guidance
In addition to the CA2014 itself you can access the
Statutory guidance, fact sheets and regulations at:
https://www.gov.uk/government/publications/care-act-2014statutory-guidance-for-implementation
https://www.gov.uk/government/publications/care-act-2014part-1-factsheets
https://www.gov.uk/government/consultations/updating-ourcare-and-support-system-draft-regulations-and-guidance
Aim of the Act
• The aim of the Act was to address the whole of the
community care law in a single document and to
impose a structure and a rationale for the provision
of care and support
• The Act will affect the work of social workers, their
colleagues in others departments and many other
organisations.
Much of the community care law in reality remains the
same but there are some new key new principles and
statutory duties which the Local Authority are bound to
comply with.
Some other relevant legislation remains e.g. Mental
Capacity Act 2005 and deprivation of liberty safeguards
What is changing
At present many of the LA’s obligations can be
summarised as:
“ Meet the assessed need”
After 1st April 2015 it will be:
“Prevent the need arising, set goals to achieve
wellbeing; meet the assessed need; and involve
others as appropriate to achieve the above”
General Principles under the Act
 Promoting well being, including preventing
abuse and neglect (safeguarding)
 Preventing, reducing or delaying needs
 To establish and maintain information and
advice services
 Market shaping and commissioning of adult
care and support services
 Managing provider failure and other services
Chapters of the Statutory Guidance relevant to
safeguarding
Area
Chapter
Well-being
1
Prevention
2
Information and Advice
3
Market shaping and market failure
4
Assessment and eligibility
6
Advocacy
7
Care and support planning
10
Review
13
Safeguarding
14
Section 1 Promoting individual well-being
The Act has a number of core values which shape the
specific duties and powers
The first key principle is the general duty of a local
authority “in exercising a function” under Part 1 of the
Act “is to promote that individual’s well- being”.
Function includes individual service provision decisions
in addition to policy decisions and also includes service
provision and contact with individuals whose needs are
not eligible and also applies to children, carers and
young carers when subject to transition assessments.
Well-being principle
Well- being broad concept but includes:
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Personal dignity (including treatment with respect)
Physical and mental health and emotional well-being
Protection from abuse and neglect, including safeguarding
Control of the individual over day-to-day life( including over
care and support)
Participation in work, education training or recreation
Social and economic well-being
Domestic, family and personal relationships
Suitability of living accommodation
The individuals contribution to society
Promoting well-being
 Involves actively seeking improvements in well-being
when carrying out any care and support function in
relation to an individual
 At any stage from the provision of information and
advice to reviewing a care and support plan
 Covers a broad range of aspects of a persons life and
will be a wide variety of specific considerations
depending on the individual
 Shift from existing concept of “meeting needs” to
establishing a clear and consistent set of duties and
powers for all people
When discharging any obligation under the Act LA
MUST “have regard to”:
• The principle that the individual is best placed to
judge their well-being, outcomes and goals
• The individual’s views, wishes, feelings and beliefs,
• The need to prevent/delay the development of
needs for care and support and reducing existing
needs
• The need to make decisions that are not based on
stereotyping of individuals,
Additional key principles and standards
• Individual being able to participate as fully as
possible
• Achieving a balance between the individual’s wellbeing and that of any friends or relatives who are
involved in the care
• The need to protect people from abuse and
neglect
• The need to ensure any restrictions on individuals
rights/freedoms to be kept to an absolute
minimum
“Having regard” is the same as “due regard” under the
Equality Act 2010.
 proper and appropriate regard in all the
circumstances
 requires a conscious directing of the mind to the
obligations- with rigour and an open mind.
Need for an audit trail of all significant decisions
Well-being includes a focus on delaying and preventing
care and support needs and supporting people to live
as independently as possible.
At the heart of the reformed system will be the
assessment and planning process. The guidance
describes this as a genuine conversation about peoples
needs and how meeting these can help them achieve
the outcomes.
Prevention of abuse and neglect and
safeguarding
Safeguarding was contained in “No secrets” guidance.
The CA statutory guidance replaces this and gives this
a new statutory basis.
Where a person is at risk of harm or abuse LA must act
swiftly and put in place an effective response
When carrying out an assessment LA must consider if
person is at risk of abuse/neglect and if believe so they
must carry out a safeguarding enquiry and decide with
the adult what if any actions are appropriate
Safeguarding framework of support
Six statutory
Safeguarding Principles
Care Act 2014 Chapter 14
(replaces ‘No Secrets’).
Provides a new legal
framework adult safeguarding.
Responsibilities apply to LAs,
Police and NHS
Support based on
capacity, consent, self
determination, person
centred
Local Multi-Agency
Safeguarding policy
and Procedures
National Multi Agency
Safeguarding Roles and
Responsibilities
Concordat
Prevention and early
intervention activities
backed up by robust
risk management
Adult at
risk
Community Safety
(Safer
Neighbourhoods, ASB,
Hate Crime, Domestic
Abuse)
Six key safeguarding principles
• Empowerment-being supported and encouraged to make
own decisions
• Prevention-Take action before harm occurs
• Proportionality-Least intrusive response appropriate to the
risk
• Protection-support and representation to those in greatest
need
• Partnership-local solutions and working with commutes
• Accountability- Transparency
Safeguarding S42 enquires
Where LA has reasonable cause to suspect that an
adult in its area
a) has needs for care and support
b) is experiencing, or is at risk of, abuse and neglect,
and,
c) as a result of those needs is unable to protect
themselves against the abuse or neglect.
LA must make whatever enquiries it thinks necessary to
enable it to decide what action should be taken
Section 42 Enquiries
A duty on local authorities to make enquiries, or to ask
others to make enquiries
Purpose of the enquiry is to establish with the individual
and/or their representatives, what (if any) action is
needed in relation to the situation and to establish who
should take such action
The section 42 duty will apply when a person with care and support
needs whether or not:
-ordinarily resident in the local authority area and
-the local authority is meeting any of those needs
Abuse
Statutory guidance give some illustrations:
 Physical abuse
 Sexual abuse
 Psychological abuse
 Financial or material abuse
 Moen slavery
 Discriminatory abuse
 Organisational abuse
 Neglect and acts of omission
 Self-neglect
Abuse contd
Incidents can be one-off, multiple and effect more than
one person
Patterns of abuse may vary and include:
 Serial abusing-perpetrator seeks out and grooms
individuals,
 Long/short term abuse within long term family
relationship or within residential settings
 Opportunistic abuse
Spotting signs of abuse and neglect
 Statutory guidance confirms workers across a wide
range of organisations need to be vigilant about
adult safeguarding
 Noticing changes that may indicate abuse or neglect
and act on their concerns and seek information to
prevent harm
 Changes could include care fees suddenly stopping
being paid, lack of heating & food, change in daily
routine, unclean clothes etc
Safeguarding procedures
 Everyone must understand their role and responsibility and
have access to practical and legal guidance advice and
support,
 All organisations should have safeguarding polices and
procedures in place which may include:
(a) A statute of purpose
(b) Statement of roles and responsibilities
(c) Procedures for dealing with allegations of abuse, including
dealing wit emergencies,
(d) Full list of points of referral
(e) How to record allegations or abuse and neglect, any enquiry
and subsequent action,
Safeguarding procedures contd
(f) List of sources of expert advice,
(g) Description of channels of inter-agency communication and
procedures for information sharing,
(h) List of services that might offer access to support or redress,
and,
(i) How professional disagreements are resolved
Carers
Carers could be involved in safeguarding situations:
 The carer may witness or complain about suspected abuse or
neglect
 The carer may experience intentional or unintentional harm
from the adult or other professionals or organisations in touch
with the adult,
 The carer may intentionally or unintentionally harm or neglect
the adult
Any assessment must include consideration of the carers and
adults well being
Carers
Support carers by offering a needs or carer’s assessment and use
this as an opportunity to explore the individuals’ circumstances
Considering whether it would be possible to provide
information, or support that prevents abuse or neglect from
occurring, for example, by providing training to the carer about
the condition that the adult they care for has or to support them
to care more safely.
Recognising that abuse or neglect may be unintentional and may
arise because a carer is struggling to care for another person.
This makes the need to take action no less important, but in such
circumstances, an appropriate response could be a carer
assessment and support package for the carer and monitor.
LA role in carrying out S42 enquires
 LA must make enquiries, or cause others to do so, if they
reasonably suspect an adult meets the criteria or is at risk of,
 The enquiry could range from a conversation with the adult
right thorugh to a multi-agency formal plan or course of
action, depending on the individual circumstances,
 The professional must record the concern, the adults views
and wishes, any immediate action taken and reasons for the
action,
 The purpose of the enquiry is to decide whether
someone/organisation should do something to help and
protect the adult
LA role in carrying out S42 enquires
 If LA decides another organisations should carry out the
enquiry it must set out timescales and need to know
outcomes and what action to take if this is not done,
 The adult should always be involved unless there are
exceptional circumstances that would increase the risk of
abuse & what happens should reflect the adults wishes if
possible,
 All enquires should be handled in a sensitive and skilled way
to ensure distress to the adult is minimised.
Independent advocacy
The local authority MUST arrange for an independent
advocate to represent and support a person who is
the subject of a safeguarding enquiry or a
safeguarding adult review if:
They need help to understand and take part in the
enquiry or review and to express their views, wishes,
or feelings.
Independent advocacy
This provision relates to people with capacity. People
lacking capacity will access advocacy support (e.g. an
IMCA) via existing provisions under the Mental Capacity
Act 2005.
3 routes to advocacy:
1) Independent advocate (Care Act duty)
2) IMCA (MCA duty)
3) IMHA (MHA Act duty)
Integration and Co-operation
Duty to co-operate not new. There are many examples
of how LA and others have to co-operate e.g.
homelessness enquiries, MAPPA, Children Act enquiries
CA introduces 2 new provisions dealing with cooperation
Section 6-general duty to co-operate
Section 7 specific duty unless consider it would be
incompatible with own duties or have an adverse effect
on the exercise of its functions
Safeguarding is not a substitute for:
Providers’ responsibilities to provide safe and high quality care and support;
Commissioners regularly assuring themselves of the safety and
effectiveness of commissioned services;
Clinical and care governance to respond to pressure points
CQC ensuring that regulated providers comply with the fundamental
standards of care or by taking enforcement action; and
Core duties of the police to prevent and detect crime and protect life and
property
S 42 enquiry process
Alert received
Pre S 42 enquiry
Information gathering
Views of adult (or their relative, advocate) and outcomes sought?
Can the matter be resolved through information and advice?
Can the matter be resolved through referral to another agency to deal with?
Should a S 42 enquiry should be undertaken?
Non statutory enquiry?
Decision to undertake a S42 enquiry
Information to the adult about the process and what to expect
Strategy discussion/meeting
Focus of the enquiry – who will lead?
Need for advocacy?
Adult’s participation in meetings
Timescales
Arrangements for keeping the person up to date
Safeguarding activity undertaken
Safeguarding plan
Review
Recording
Closure
How do you think the Care Act will impact on your
work?
Adults at risk and what you need to
know..
[email protected]
023 8083 3003
Adult social care,
Southampton City Council,
Civic Centre,
Southampton,
SO14 7LY
What do you think are your own additional training
needs?
Q&A Session
Thank you for attending!
[email protected]