Conducting a S. 42 Enquiry Video Tutorial Sandy Hebdon ERSAB - PDF document

21/05/2020 Safeguarding Adults Conducting a S. 42 Enquiry Video Tutorial Sandy Hebdon ERSAB Training Co-Ordinator www.ersab.org.uk Conducting a S.42 Enquiry Learning Objectives By the end of the session you should be able to: • Outline the circumstances when a S42 enquiry may be ‘caused out’ • Explain the objectives of the enquiry • List the sources of evidence which may be gathered in an enquiry • Explain how to prepare, conduct and record an interview • Outline the factors to be included in the enquiry report www.ersab.org.uk 1

21/05/2020 Safeguarding Adults Resources Needed For this session, you will need: 1. A copy of the ‘MAP’ (‘Multi-Agency Procedure for the Safeguarding of Adults with Care and Support Needs.’) If you don’t have a copy to hand, you can download a copy from our website and print if necessary. www.ersab.org.uk/policy-documents/#Regional-Guidance Page 48 onwards 2. Consolidated Paperwork (This can be found at appendix 7 in the above document) 3. Consolidated Paperwork Guidance This can be downloaded from the address below. www.ersab.org.uk/reporting-abuse 4. Access to the PowerPoint slides, which should accompany this video. You can either view them as you go along or print them off in advance. 5. A pen and a notebook or paper. www.ersab.org.uk Safeguarding Adults The Care Act Section 42 (2) Duty Placed on Local Authority To 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 and…. If so, what and by whom. . www.ersab.org.uk 2

21/05/2020 Safeguarding Adults Independent Care Provider Conducting a ‘Caused Out’ S.42 Enquiry Benefits Possible Drawbacks • • Know the adult Potential Conflict of interest • • Know the staff and the system Lack of Expertise • • Staff availability Misplaced loyalty • • Access to all documents Lack of objectivity • • Quick completion Too busy www.ersab.org.uk Safeguarding Adults Mental Capacity and Consent • Start by assuming mental capacity to make the decision to give INFORMED consent • Take all practicable steps to assist them to make a decision • If you believe they lack capacity for this decision, carryout a mental capacity assessment (see next slide) • If the assessment indicates they lack capacity to make the decision to give consent, use an advocate • Any decisions made should be in their best interests • Any actions taken should be in consultation with the adult and/or advocate and should be the least restrictive option to achieve the objective www.ersab.org.uk 3

21/05/2020 Safeguarding Adults ASSESSING CAPACITY P r At a specific time and for a specific decision a can a person….. c t 1. Understand the information relevant to the decision I c a 2. Retain the information b l e 3. Use/weigh the information as part of the decision making process S t 4. Communicate the decision e p To have capacity, a person must be able to do all 4 things s www.ersab.org.uk Safeguarding Adults Making Safeguarding Personal • Enquiry should be person centred and outcome focused • Obtain informed Consent for the enquiry (separate from reporting the concern) • If consent refused, consider the public interest • If proceeding under public interest, explain reason and still include the adult in the process • Discuss the adult’s desired outcomes • Record their wishes and outcomes • Maintain liaison throughout the enquiry www.ersab.org.uk 4

21/05/2020 Safeguarding Adults What are the Objectives of a S42 Enquiry ? • Establish all the facts • Establish if abuse or neglect has occurred and by whom • Aim to meet the desired outcomes of the adult at risk • Assess the needs of the adult for ongoing protection/support • Make decisions regarding follow up action (e.g. DBS) www.ersab.org.uk Safeguarding Adults Quiz Questions: 1. If a section 42 enquiry is ‘caused out’, who has the overall responsibility for the enquiry? (1 Point) 2. List 4 benefits of a ‘caused out’ enquiry (4 Points) 3. Name 2 factors that would make it unlikely that an enquiry would be ‘caused out’ to the referring organisation (2 Points) 4. True or False? If the adult has already given consent to report the concern about them, there is no requirement to obtain further consent to conduct an enquiry. (1 Point) 5. During a Mental Capacity Assessment, the adult would be assessed on their ability to do four things. Can you name them? (4 Points) www.ersab.org.uk 5

21/05/2020 Safeguarding Adults Quiz Questions: 6. If an adult is assessed as lacking capacity to make the decision regarding the Sec. 42 enquiry, which of the following statements is true? (2 points) A You should continue with the enquiry as they haven’t actually refused consent B Proceed with the enquiry if you believe it’s in their best interests C Involve an advocate to help decide what is in the adult’s best interests D You can only proceed with the enquiry if it is in the public interest 7. Under ‘Making Safeguarding Personal,’ what should be ascertained from the adult before the enquiry gets underway and should be amongst the enquiry’s objectives? (2 Points) 8. Name four things which would normally be on your list of objectives for a Sec 42 enquiry (4 Points) www.ersab.org.uk Safeguarding Adults Case Study At a review meeting on Wednesday 28.02.2018 it was reported that Miriam had not been given her Donepezil medication. Miriam lives in her own home and is supported by carers from a private care company. Miriam has a close relationship with her sister who lives locally. On Monday 05.03.2018 it was reported that the same carer had failed to administer the Donepezil (Alzheimer’s) medication on both Saturday and Sunday. Miriam has shown no adverse effects to the medication not being administered. Miriam doesn’t have capacity to administer her own medication. www.ersab.org.uk 6

21/05/2020 Safeguarding Adults Case Study 1. What makes this suitable to be caused out? 2. If Miriam lacks mental capacity, how will the consent be obtained for the S42 Enquiry? 3. If consent is not given, can you still proceed? 4. What else should you consider before commencing the enquiry? 5. What further information would you like before formulating your enquiry plan? www.ersab.org.uk Safeguarding Adults What are the Objectives of a S42 Enquiry ? • Establish all the facts • Establish if abuse or neglect has occurred and by whom • Aim to meet the desired outcomes of the adult at risk • Assess the needs of the adult for ongoing protection/support • Make decisions regarding follow up action (e.g. DBS) www.ersab.org.uk 7

21/05/2020 Safeguarding Adults Enquiry Plan 1/2 1. Check you have informed consent for the enquiry 2. Establish Miriam’s desired outcomes 3. Interview Carer 2 4. Interview Miriam/Sister 5. Check records of other clients of Carer 1 6. Check employment record of Carer 1 7. Check/photocopy all relevant documents 8. Interview any other witnesses www.ersab.org.uk Safeguarding Adults Enquiry Plan 2/2 9. Draw up a chronology of events 10. Interview Carer 1 11. Ensure Miriam is updated with progress of the enquiry 12. Establish if there has been any change to her desired outcomes 13. Ensure Miriam has ongoing protection and support 14. Take any necessary follow-up action to prevent recurrence www.ersab.org.uk 8

21/05/2020 Safeguarding Adults Sources of Evidence Alleged Perpetrator Allege Witnesse d s Victim Forensic Scene Abuse or Equipment Weapon Neglect Documents Photographs and Records CCTV Medication Clothing www.ersab.org.uk Safeguarding Adults PEACE Model of Interviewing • P lan and Prepare Pre-interview • E ngage and Explain • A ccount, Clarification and Challenge Interview • C losure • E valuation Post-Interview www.ersab.org.uk 9

21/05/2020 Safeguarding Adults 360 º View How long has this been Past going on? Other Abuse Other Presen Victims? Perpetrators t or ? Neglect Measures put in place Future to prevent a repeat www.ersab.org.uk Safeguarding Adults Questioning Techniques Best Evidence (Achieving Best Evidence) • Free Narrative- Allow interviewee to give an uninterrupted account of what happened in their own words • Open Ended (TED) Questions – Tell, Explain, Describe – encourages interviewee to use their own words on a specific subject • Open Questions (5WH) – who, what, when, where, why, how. Avoid ‘why’ if possible. Used to fill any gaps in account • Forced-Choice Questions – Providing possible answers when an interviewee finds it difficult to respond to open questions • Closed Questions – Requiring an ‘either/or’ response or a yes/no answer . Useful for clarification or fine detail • Leading Questions - A question which assumes an unestablished fact or suggests the required answer. Little evidential value – avoid if possible. Poor Evidence www.ersab.org.uk 10

21/05/2020 Safeguarding Adults What are the Objectives of a S42 Enquiry ? • Establish all the facts • Establish if abuse or neglect has occurred and by whom • Aim to meet the desired outcomes of the adult at risk • Assess the needs of the adult for ongoing protection/support • Make decisions regarding follow up action (e.g. DBS) www.ersab.org.uk Safeguarding Adults Follow-Up Action • Further Training • Team meeting • Increased supervision • Change of policy or procedure • Disciplinary action • Suspension • Dismissal • Disclosure and Barring (duty to refer) www.ersab.org.uk 11