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THE CARE ACT & SAFEGUARDING
THE CARE ACT & SAFEGUARDING
Duty to Make Enquiries (Procedure Extract)
Duty to Make Enquiries (Procedure Extract)
Initial Enquiry (Procedure Extract)
Initial Enquiry (Procedure Extract)
Procedures Flowchart
Procedures Flowchart
Safeguarding Performance Information
Safeguarding Performance Information
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1THE CARE ACT & SAFEGUARDING. Mick 11other agencies as necessary. Ensures cases
Wharton Wakefield & District are dealt with promptly under a consistent
Safeguarding Adults Board Business thorough but fair process with a clear
Manager. audit trail in accordance with
2NEW STATUTORY DUTIES. Sets out Local confidentiality requirements.(People’s
Authority responsibilities for adult employment at risk) Ensures service
safeguarding in primary legislation. providers make necessary referrals to DBS
Responsibility to ensure enquiries are and professional bodies when appropriate.
made where safeguarding criteria is met. 12SAFEGUARDING ADULT REVIEWS. Sets out
Safeguarding Adult Boards become the grounds for a review. Previously known
statutory. Requirement to conduct as Serious Case Reviews. Gives Boards
Safeguarding Adult Reviews. Information flexibility to choose a proportionate
sharing duties. Care providers Duty of methodology. Purpose of a Safeguarding
Candour. Adult Review (SAR) must be to learn
3DUTY TO MAKE ENQUIRIES. The Local lessons, improve practice and interagency
Authority must make enquiries or ensure work. Boards have the power to require
others do so, if it reasonably suspects an information from relevant agencies
adult who has care and support needs is relevant to the SAR’s function.
being abused or neglected and is unable to 13DUTY OF CANDOUR. Section 81 of the
protect themselves against that abuse or Care Act sets out the statutory duty of
neglect or the risk of it, because of candour on providers of health care and
those needs. (Section 42 eligibility adult social care services registered with
criteria - Guidance 2014, Ch. 14). Any the CQC. Intention being to ensure that
enquiry should establish whether any honesty and transparency are the norm in
action needs to be taken to prevent or every organisation overseen by the CQC,
stop abuse and neglect and by whom. Risk The Duty of Candour is one of the new
Management action or formal Section 42 Fundamental Standards (Mums test) on which
Enquiry. the Care Quality Commission (CQC) assess
4DUTY TO MAKE ENQUIRIES. The first Service Providers. Alleged breaches of the
responsibility to act must be with the duty to be reported to Commissioners and
employing organisation (unless conflicted) the CQC.
as provider of the service. The employer 14New Safeguarding Adults Procedures.
should investigate any concern, provide Any person may raise a concern with the
any additional support the adult may need, Local Authority where they are concerned
unless there is compelling reason why it that an adult with care and support needs
is inappropriate or unsafe to do this. For is experiencing, or at risk of abuse and
example a serious conflict of interest neglect. The Local Authority will
(allegations against owners) or a matter undertake Initial Enquiries to determine
that requires investigation by the Police. if the concern meets the Section 42
5TYPES OF ABUSE. Physical Sexual safeguarding eligibility criteria and if
Psychological Neglect Discrimination so, how to respond. A response will
Organisational Financial Self-Neglect. include working to understand the adult’s
6OTHER TYPES OF ABUSE. The Act desired outcomes and agreeing with the
acknowledges the wider aspects of adult adult how their concerns will be acted
safeguarding and makes links with: upon. (Capacity to make decisions and
Domestic Abuse Modern Day Slavery (Human reasons to override consent may be
Trafficking) Forced Marriage Honour Based factors) The Local Authority will need to
Violence Female Genital Mutilation decide what the most proportionate
(Section 42 must be met for these to response to the concerns are.
become adult safeguarding issues). 15Safeguarding Procedures. This response
7GREAT EMPHASIS ON OUTCOMES. Making may include either: Risk Management
Safeguarding Personal. No decision about Response, the term given to a range of
me without me. Adult, families, and carers actions that may be required to safeguard
working together with agencies to help the adult from the risk of abuse and
support people and make informed choices. neglect. A Formal Enquiry to establish the
A persons capacity to make decisions is facts, and gather evidence to support a
determined by the Mental Capacity Act. In safeguarding plan. This will involve a
cases involving Service Provider staff, Strategy meeting, an investigation either
consent is overridden because of the by employer, Police, Social Care or
potential risk to other service users. combination of these and a Case Conference
8ADVOCACY. The Local Authority must meeting to determine an outcome on the
arrange for an independent advocate to civil standard of balance of
represent and support where the adult has probabilities. Risk assessment,
substantial difficulty with the process safeguarding planning, and the provision
and no other appropriate individual to of support to enable the adult at risk to
assist. Family members or people with the be in control of decisions about their own
consent of the person subject to any life, are core elements throughout.
enquiry can act as advocates. If the LA 16Duty to Make Enquiries (Procedure
arrange for an advocate because no one Extract).
else is able to fulfil this role, the 17Initial Enquiry (Procedure Extract).
advocate must be qualified for the role. 18Procedures Flowchart.
9STATUTORY BOARDS – 3 FUNCTIONS. Local 19Safeguarding Performance Information.
Safeguarding Adult Board’s (LSAB) have 20Safeguarding Performance Information.
three statutory members, LA, Police and 2014 / 15 Alerts 2523 Strategy Meeting 305
CCG and are required to have a chair who (12.1%) Case Conference 140 (5.6%) Case
can act with independence and must: Conference Abuse Substantiated 90 (64.3%).
Publish a Strategic Plan developed with 21Safeguarding Performance Information
the community and Health Watch. Publish an Outcomes Survey. Nearly half of everyone
Annual Report. Conduct any Safeguarding subject to the adult safeguarding
Adult Reviews. Wakefield has a fully procedures are unable to complete a survey
Independent Chair funded by the board due to: Lack of capacity Person dies
statutory partners. Person chooses not to take part Therefore
10A NEW ROLE. Designated Safeguarding relatives are asked to complete surveys on
Adults Manager (DASM). Required by three behalf of their loved ones and this can
statutory Board members – the Local affect the survey returns if they complete
Authority, Police and Clinical the survey from their own point of view.
Commissioning Group. In practice most (This will be addressed in 2015/16 under
Board partners are likely to already have the new Making Safeguarding Personal
someone undertake this role, as most have process).
professional safeguarding leads in their 22Safeguarding Outcomes. 23 completed
organisations . Responsible for the surveys 91.3% satisfied / very satisfied
management and oversight of complex cases. 68.2% felt safe whilst procedures ongoing
11DASM. Co-ordination role where 87% said their views were fully recognised
concerns raised about a person, whether an 82.6% felt fully included 60% felt safer
employee, volunteer or student, paid or after procedures (skewed by relative
unpaid. Provides advice and guidance responses) 89.5% felt it had made a
within own organisation and liaises with difference to their lives.
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