Transcript Safeguarding children and vulnerable adults

Rachael Clawson
Lecturer in Social Work
University of Nottingham
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Issues for children and adults are not the
same
Definitions/terms used differ
Procedures for reporting abuse and handling
cases are not the same
Different legislation and policy
Having one policy can complicate matters
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Child: anyone who has not yet reached their 18th
birthday
Vulnerable adult: 18 and above (from 18th
birthday)
Myths
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Disabled children are covered by Children Act
1989 until age 19
Children aged 16 and over who have left home,
are in the armed forced or in custody are not
protected under the Children Act 1989.
Child in need - Children Act 1989 s.17 - child who is
disabled and/or unlikely to reach or maintain satisfactory
level of health/development or health/development will
be significantly impaired without provision of services
Child protection is part of safeguarding and promoting
welfare. Duty to investigate – Children Act 1989 s.47
Significant Harm – threshold which justifies compulsory
intervention in family life in the best interests of the child
“Vulnerable adult” is a term used to describe a person
who is –
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an adult [aged 18 years and over]
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who is or may be in need of community care
services because of frailty, learning or physical
disability or mental health difficulty
AND
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who is or may be unable to take care of him or
herself or take steps to protect him or herself from
significant harm or exploitation”.
[No Secrets 2000]
“Abuse and neglect are forms of maltreatment
of a child. Someone may abuse or neglect a
child by inflicting harm, or failing to act to
prevent harm. Children may be abused in a
family or institutional or community setting,
by those known to them or...a stranger...They
may be abused by an adult/adults or
child/children” (Working Together 2010 p378)
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Physical
Sexual
Emotional
Neglect
‘Abuse is a violation of an individual’s
human and civil rights by any other person
or persons. It may consist of a single act
or repeated acts. It may be an act of
neglect, or omission, or it may occur when
a vulnerable person is persuaded to enter
into a financial or sexual transaction to
which he or she has not consented or
cannot consent’
(No Secrets 2000)
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Physical
Sexual
Psychological/Mental/Emotional
Financial or Material
Neglect and Acts of Omission
Discriminatory
Institutional
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Local authority – eg social care, housing,
education
Police Authority
Health – PCT, Hospital Trust
Probation Service
Youth Offending Service
Cafcass
Connexions
Voluntary organisations eg NSPCC ( Child
Protection in Sport Unit)
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Police
Local Authority Adult Services
Multi-Agency Public Protection Agency
Housing Agencies
Health
Probation
Safeguarding children is based in legislation and policy
placing certain duties and responsibilities on agencies to
investigate and/or work together:
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Children Act 1989
Protection of Children Act 1999
Adoption and Children Act 2002
Every Child Matters 2003
National Service Framework 2004
Children Act 2004
Local Safeguarding Children Board functions
What to do if you are worried a child is being abused
2006
Children and Young People Act 2008
Working Together to Safeguard Children 2010 (currently
being revised)
Informed by reports eg Laming, Munro
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National Assistance Act [section 47]1948/1951
Mental Health Act 1983/2007
Police and Criminal Evidence Act 1984
National Health Service and Community Care Act 1990
Family Law Act 1996
Human Rights Act 1998
Care Standards Act 2000
No Secrets 2000
Sexual Offences Act 2003
Domestic Violence Crime and Victims Act 2004
Safeguarding Adults [ADASS] 2005
Mental Capacity Act 2005/Deprivation of Liberty [April] 2009
Safeguarding Vulnerable Groups Act 2006
‘Caring for our future: reforming care and support’ White Paper 2012
There is no one specific piece of legislation in place designed to protect
vulnerable adults from harm (Eg nothing comparable to the Children Act
1989).
Multi-agency procedures incorporate the
following:
 ‘No Secrets’: Guidance on developing and
implementing multi-agency policies and
procedures to protect vulnerable adults from
abuse [2000]
 ‘Safeguarding Adults: A national framework
of standards for good practice and outcomes
in adult protection work’ [2005]
Safeguarding everybody’s business. If
concerns arise about a child these must be
reported to the local Children’s Services
team (Social Services) and/or police to
investigate. You do not need consent from
the child or parent/guardian although it is
good practice to inform them of any
decision to refer on unless this would put
the child at greater risk of harm.
If concerns arise consent must be obtained
from the individual concerned before a
referral is made to Adult Services or the
police. However, if others are at risk of harm
the information should be passed to Adult
Services or the police even if consent is not
obtained. Information about an individual
should not be given to family or carers
without consent of the individual.
If concerns arise and the individual is unable to
give consent to information being shared a
referral should be made to Adult Services
and/or the police.
Family/carers should be informed if they are
involved in the individual’s life and not
implicated in any way.
Rachael Clawson
Lecturer in Social Work
University of Nottingham
[email protected]
and
Ann Craft Trust
Centre for Social Work
University Park
Nottingham
NG7 2RD
T: 0115 9515400