Safeguarding is Safeguarding about making people aware of Adults their rights, protecting them Section 42 and preventing abuse. Enquiries Delivered by: Jane Hughes Safeguarding Consultant on behalf of Hampshire Safeguarding Adults Board.
Making Connections IOW Ltd 2017
Making Connections IOW Ltd 2017
Safeguarding is easy? Procedures do not safeguard, Lack of clear Perplexing Stakes are high good practice definitions language does There are No guarantee of Competing Failures are victims (first and safety priorities visible second order) Complexity is Multiple causes the rule Making Connections IOW Ltd 2017
Making Connections (IOW) Ltd 2017
Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. Making Connections IOW Ltd 2017
Safeguarding Adults LA Duty Adult Social Care in Outcomes for adults at risk S42 Enquiries partnership Non Statutory Enquiries Safeguarding concerns Recognising adults at risk Early help Prevention Making Connections IOW Ltd 2017
Striking a balance Agreeing which actions will achieve Balance and too much focus on a the most positive specific process. proportionality. outcomes for people. Making Connections IOW Ltd 2017
Avoid a ‘Sat Nav ’ Approach to Safeguarding Organisations must avoid safeguarding arrangements that do not put people in control of their own lives, or that revert to a paternalistic and interventionist way of working. 14.17 Care Act Guidance Making Connections IOW Ltd 2017
Culture Change • The fundamental shift revolves around our practice. • Practice that puts the adult and their wishes and experience at the centre of safeguarding enquiries which seeks to enable people to resolve their circumstances, recover from abuse or neglect and realise the outcomes that they want. • It’s not business as usual. DH 2015 Making Connections IOW Ltd 2017
The Care Act 2014 • Consolidates and modernises current law • New duties for local authorities • New rights for service users and carers • Putting existing good practice into law. Making Connections IOW Ltd 2017
A new emphasis on wellbeing The new statutory principle of individual wellbeing underpins the Act, and is the driving force behind care and support. Care Act Prevention Local authorities (and their partners in health, housing, welfare and employment duties on services) must now take steps to prevent, reduce or delay the need for care and support for all local wellbeing people. Integration The Act includes a statutory requirement for local authorities to collaborate, cooperate and integrate with other public authorities e.g. health and housing. It also requires seamless transitions for young people moving to adult social care services. Making Connections IOW Ltd 2017
• Adult social care as well as wider elements of local authorities • Health and other local authority partner The Care Act organisations • Social care provider and support 2014 who organisations in all sectors must work • Those involved in the governance of these organisations and people who work, care, with it? support and volunteer in them • All of the workforce working in the above. Making Connections IOW Ltd 2017
A Shift in Practice • Care Act outlines a shift of culture in terms of the functions of the S 42 safeguarding enquiry. • There is much less focus on the LA having an investigatory role – our responsibilities focus on making the person safe, shaping our response in line with the wishes of the adult at risk, coordinating and making and/or delegating enquiries, and ensuring necessary actions to protect and support the adult are being taken (14.77). Making Connections IOW Ltd 2017
Making safeguarding personal ✓ person’s views, wishes feelings and beliefs should always be considered ✓ focus on well-being, prevention or delaying the development of the need for care and support and reducing needs ✓ decisions should be made taking all circumstances into consideration ✓ decisions made with the person’s participation ✓ the need to balance the person’s wellbeing with that of family and friends involved with the person ✓ the need to protect people from abuse and neglect ✓ the need to minimise the restriction of rights or freedom of action ✓ a strength based approach is critical to assessment and promoting independence ✓ the need to consider risk and proportionality when deciding how best to respond to safeguarding concerns. Making Connections IOW Ltd 2017
A shift in culture • Making Safeguarding Personal is a shift in culture and practice • It is about having conversations with people • It is about seeing people as experts in their own lives and working alongside them. • It is a shift from a process supported by conversations to a series of conversations supported by a process. Making Connections IOW Ltd 2017
Talking to people about what they want is now called ‘Making Safeguarding Personal’ Making Connections IOW Ltd 2017
Statutory Safeguarding Duties Care Act 2014 S42 – 46 and 68 • Section 42 • Make Enquiries • Section 43 • Safeguarding Adults Boards • Section 44 • Safeguarding Adults Reviews • Co-operation and information sharing • Section 45 • Repeals powers of Entry (NA 1948) • Section 46 • Advocacy • Section 68 Making Connections IOW Ltd 2017
I am consulted about the outcomes I want from the safeguarding process and these directly inform what happens. Making Connections IOW Ltd 2017
Pre Preve vention ntion I am provided with easily understood information about what abuse is, how to recognise the signs and what I can do to seek help. Making Connections IOW Ltd 2017
Pro Propor portionality tionality I am confident that the responses to risk will take into account my preferred outcomes or best interests. Making Connections IOW Ltd 2017
Pr Prote otection ction I am provided with help and support to report abuse. I am supported to take part in the safeguarding process to the extent to which I want and to which I am able. Making Connections IOW Ltd 2017
I am confident that information will be appropriately shared in a way that takes into account its personal and sensitive nature. I am confident that agencies will work together to find the most effective responses for my own situation. Making Connections IOW Ltd 2017
Accountability I am clear about the roles and responsibilities of all those involved in the solution to the problem. Making Connections IOW Ltd 2017
Safeguarding Concerns • A ‘safeguarding concern’ is when any person has a reasonable cause to think that an adult with care and support needs, who is unable to protect themselves because of those needs, is experiencing, or is at risk of, abuse or neglect. • The local authority is required to provide information regarding the number of ‘safeguarding concerns’ it has received and in this context a ‘safeguarding concern’ is defined as the first contact between a person concerned about abuse or neglect of an adult and the local authority. Making Connections IOW Ltd 2017
A low threshold • the words “at risk of” suggest that the threshold is low. • the only effective words of limitation in Paragraph 14.2 are: and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect. • This would all point to early and widespread involvement. • Some counterbalance is provided by 14.13, which set out the six key principles which underpin all adult safeguarding work. • 14.15. means it should be person-led and outcome focused. It engages the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing and safety. Making Connections IOW Ltd 2017
Section 42 Enquiry by Local Authority • This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there) — • has needs for care and support (whether or not the authority 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 himself or herself against the abuse or neglect or the risk of it. • The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult’s case (whether under this Part or otherwise) and, if so, what and by whom. Making Connections IOW Ltd 2017
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