Rochdale Borough Safeguarding Adults Board Professional decision-making tool in response to a Safeguarding alert Author: Jane Timson April 2014 Date for Review: April 2015 1 Professional decision-making tool in response to a Safeguarding alert Introduction All adults have the right to live in a safe environment free from abuse and harm. The focus of work must be on the outcomes that people wish to achieve in order to enable them to remain in control of their lives. This guidance is for practitioners and partner agencies and explains the processes involved in making a decision about whether an “alert” received regarding an adult who appears to be at risk of harm or is being harmed, is processed through the safeguarding adults’ procedures. Such “threshold decisions” are crucial in ensuring that members of the population who meet the definition of “Adult at Risk” (No Secrets 2000) are able to receive the assistance they need. Once an alert has been accepted and further information is gathered there may be situations where the threshold needs to be reconsidered. It is important to recognise that this document is a tool to help safeguarding professionals determine an appropriate and proportionate response to alerts. It is not to be used to determine whether or not an alert is raised. The priority should always be to ensure the safety and protection of adults at risk. If a decision is made not to follow Rochdale Borough Safeguarding Adults Board (RBSAB) Multi Agency Adults at Risk policy and procedures, the reasons and rationale should be recorded in a strategy meeting (if this does not breach their confidentiality). The RBSAB Adults at Risk procedures should not be used in cases of self-neglect. These cases should be brought to the attention of the relevant adult care team / team manager, and should then be considered under community care arrangements. Further advice/information is in the Self Neglect Guidelines which can be found on the Rochdale Council’s website on the Safeguarding Adults webpage (www.rochdale.gov.uk/safeguardingadults). This threshold framework has been designed to consider examples of abuse which sit outside of Adults at Risk procedures and also those that sit inside the procedures and require significant further investigation. 2 Regular small concerns can amount to a far higher level of concern which then requires a safeguarding alert. The following list will assist the decision making process but should not be seen as exhaustive and professional judgement should be exercised. The key areas for decision making are: The harm – always take account of the individual’s perception. What impact has it had on the person or others around them? Are others at risk? Has a crime been committed? How vulnerable is the individual? What is the setting / environment for the adult at risk and the person who may be causing harm? What are the personal and social factors that may contribute to that vulnerability? Can the person seek help / remove themselves from the environment if needed? Does the person have the mental capacity to make a specific decision? What are the views of the adult at risk? Are they aware of the alert? Have they consented to information sharing? Whether duress or coercion or intimidation is an influence. The relationship between the adult at risk and the person causing the harm. Does it involve a person in a position of trust? What other support mechanisms are in place? How robust are they? Will the person use them? Is the child under 18 years or a young person at risk?If so, refer them to the relevant children’s team. How likely is it that the abuse may reoccur? 3 The following are factors that may assist you to determine vulnerability (not exhaustive) Personal characteristics of the adult at risk that increase vulnerability may include: Personal characteristics of the adult at risk that decrease vulnerability may include: Not having mental capacity to make decisions about their own safety including fluctuating mental capacity. Experience of mental distress which may include self-harm Communication difficulties Physical dependency – being dependent on others for personal care and activities of daily life Low self esteem Childhood experience of abuse History of being a looked after child Transition Having mental capacity to make decisions about their own safety Good physical and mental health Having no communication difficulties or if so, having the right equipment / support to communicate No physical dependency or, if needing help, able to self-direct Positive former life experiences Self-confidence and high self-esteem Having knowledge and information to make informed choices Social / Situational factors that increase the risk of abuse may include: Social / Situational factors that decrease the risk of abuse may include: Being dependant on others for their care. Not receiving the right amount of care they need Isolation and social exclusion Stigma and discrimination Lack of access to information and support Being the focus of anti-social behaviour Good family relationships Active social life and a circle of friends Able to participate in the wider community Good knowledge and access to a range of community facilities Remaining independent and active Access to sources of relevant information Threshold decision making can be complex. The incident may constitute several types of abuse types for, example, medication errors could be an indicator of institutional abuse but could also fall within physical abuse,, psychological abuse or neglect. Forced marriages are also likely to encompass more than one type of abuse. 4 The table below is a non-exhaustive list of examples, to support practitioners to make informed, defensible decisions using professional judgement. If in doubt, practitioners should discuss this with their line manager or Rochdale Adult Care Safeguarding Team on 0845 602 4998. Lower Level Concern Types of Abuse Level Physical Significant Harm Could be addressed via agency internal process/procedures e.g. management action, disciplinary procedures or community care assessment Commissioning teams should be notified of all lower level concerns involving commissioned service, to enable quality monitoring. Very Significant Harm Addressed under Safeguarding Procedures. If potentially a criminal matter, Police or other Emergency Services may be required. 1 2 3 4 Staff error on one occasion causing little or no harm, e.g. skin friction mark due to ill-fitting hoist sling. Isolated incident involving vulnerable adult on vulnerable adult not resulting in harm. Inexplicable marking or lesions, cuts or grip marks on a number of occasions. Inappropriate restraint Withholding of food, drinks or aids to independence. Adult at risk does not receive recommended mobility assistance on one occasion not resulting in harm. Inexplicable very light marking found on one occasion. Vulnerable adult on vulnerable adult incident where there is a power imbalance being used to cause harm / exploitation. Inexplicable fractures/injuries. Appropriate moving and handling procedures not followed on one occasion not resulting in harm. Adult at risk attends casualty, minor injury unit, GP surgery with minor injury and doubtful explanation, wants treatment but no other action. Health professional checks previous history but no previous concern has been recorded. Adult at risk is injured through common flouting of procedures. Assault 5 Types of Abuse Level Physical (continued) Lower Level Concern 1 2 Isolated incident of carer falling asleep at night on duty remains a management issue. Adult at risk in pain or otherwise in need of medical care such as dental, optical, audiology assessment, foot care, therapy does not on one occasion receive required timely medical attention. Environmental hazards including maintenance. Medication Sexual Adult does not receive prescribed medication (missed/wrong dose) on one occasion - no harm occurs Medication administration records are inaccurate. One off incident of sexualised nature that has caused no distress. Significant Harm 3 Very Significant Harm 4 Predictable and preventable incident between two vulnerable adults where injuries have been sustained or emotional distress caused – the staff fails to prevent. Grievous bodily harm/assault leading to permanent or substantial injury or death including Female Genital Mutilation. One medication error where significant harm occurs Deliberate misadministration of medications Recurring missed medication or administration errors that cause no harm Covert administration without medical authorisation. Missed medication or errors that affect more than one adult which may or may not result in harm Pattern of recurring errors or an incident of deliberate misadministration that results in ill health or death. Directed by one vulnerable adult to another. Attempted penetration by any means (whether or not it occurs within a relationship) without valid consent. Verbal sexualised teasing or harassment. Being made to look at pornographic material against will / where valid consent cannot be given. Recurring sexualised touch or masturbation without valid consent. Being subject to indecent exposure. Contact or non-contact sexualised behaviour which causes distress to the person at risk. Voyeurism Female Genital Mutilation. Sex in a relationship characterised by authority, inequality or exploitation, e.g. staff and service user. Sex without valid consent (rape). 6 Types of Abuse Level Psychological Lower Level Concern 1 Isolated incident where adult is spoken to in a rude or inappropriate way – respect is undermined but little or no distress caused. 2 Resident in a warden complex reports that s/he finds the warden overbearing and intrusive. Significant Harm 3 Very Significant Harm 4 Isolated taunts or verbal outbursts which cause distress. Emotional blackmail e.g. threats of abandonment / harm. The withholding of information to dis-empower. Frequent and frightening verbal outbursts. Treatment that undermines dignity and damages esteem. Denial of basic human rights/civil liberties, over-riding advanced directive, forced marriage. Denying or failing to recognise an adult’s choice or opinion. Prolonged intimidation / victimisation. Frequent verbal outbursts. Humiliation Adult at risk is intimidated and bullied and they are frightened to talk about why Money is not recorded safely or properly. Financial Failure to meet agreed contribution to care by family/attorney but resident still has personal allowance and the placement is not at risk. 7 Vicious / personalised consistent verbal attacks. Adult not routinely involved in decisions about how their money is spent or kept safe -capacity in this respect is not properly considered. Misuse/misappropriation of property, possessions or benefits by a person in a position of trust or control. To include misusing loyalty cards. Adult’s monies kept in a joint bank account – unclear arrangements for equity of interest. Personal finances removed from adult’s control. Adult denied access to his/her own funds or possessions. Fraud/exploitation relating to benefits, income, property, last will and testament. Failure to meet agreed contribution to care by family/attorney results in failure to provide personal allowance and/or jeopardises the placement. Theft of money or property. Types of Abuse Level Lower Level Concern 1 2 Significant Harm 3 Missed home care visit on one occasion - no harm occurs. Inadequacies in care provision leading to discomfort - no significant harm e.g. left wet on one occasion. Recurrent missed home care visits where risk of harm escalates, or one miss where harm occurs. Adult is not assisted with a meal/drink on one occasion and no harm occurs. No access to aids for independence on one occasion and no harm occurs. Vulnerable adult who is susceptible to pressure ulcers is not formally assessed. Neglect Care plan does not address assessed needs / or is not followed on one occasion and no harm occurs. Care plan not followed and no harm occurs. Very Significant Harm 4 Ongoing lack of care to extent that health and well-being deteriorate significantly e.g. pressure wounds, malnutrition, loss of independence / confidence. Adult at risk is discharged from hospital without adequate planning, procedures not followed and experiences harm as a consequence. Hospital discharge, no adequate planning and harm occurs. Adult at risk is known to mental health services and assessed as high risk of suicide – timely response not made to report of possible suicide and harm or emotional distress occurs. Failure to specify in a plan of care how a significant need must be met. Inappropriate action or inaction related to this result in harm such as injury or choking. Failure to arrange access to life saving services or medical care. Care plan does not address risk of harm i.e. i) Management of behaviour to protect self or other. ii) Liquid diet because of swallowing difficulties. Discriminatory Incident of teasing, rude, insulting, or belittling manner on one occasion, motivated by prejudicial attitudes towards an adult’s individual differences and little or no distress is caused. Isolated incident of care planning that fails to address an adult’s specific diversity associated needs for a short period. 8 Failure to intervene in dangerous situations where the adult lacks the capacity to assess risk. Recurring taunts. (Hate Crime) Being refused access to essential services. Inequitable access to service provision as a result of diversity issue. Denial of civil liberties e.g. voting, making a complaint. Recurring failure to meet specific care/support needs associated with diversity. Humiliation or threats on a regular basis. (Hate Crime) Types of Abuse Level Lower Level Concern 1 Significant Harm 3 2 Very Significant Harm 4 Being the focus of anti-social behaviour. Adult at risk is repetitively not supported to attend church or receive pastoral visits which causes distress leading to psychological harm. Discriminatory (continued) Female Genital Mutilation. Hate Crime resulting in injury/emergency medical treatment or fear for life. Hate crime resulting in serious injury/attempted murder/honour based violence. Lack of stimulation/ opportunities to engage in social and leisure activities over a short period of time and no harm occurs. Institutional Service user not enabled to be involved in the running of service. Care-planning documentation not person-centred. Denial of individuality and opportunities to make informed choices and take responsible risk. Bad practice not being reported and going unchecked. Adult at risk is discharged from hospital without adequate discharge planning but no harm occurs - needs to be addressed as a quality issue. Continual lack of stimulation / opportunities to engage in social / leisure activities resulting in emotional or physical distress. Unsafe and unhygienic living environments. Rigid/inflexible routines. Restraint / possible deprivation of liberty is occurring and no application for DOLS authorisation has been received although it has been recommended. Best interest has been ignored or presumed. Adult at risk subject to a Deprivation of Liberty Safeguards (DOLS) has their escorted visit cancelled at short notice with no explanation on one occasion. Adult at risk whose personal plan of care stipulates that they should have two staff supporting them is supported by one member of staff on one occasion and no harm occurs. 9 Adult at risk dignity is undermined e.g. lack of privacy during support with intimate care needs. Staff misusing a position of power over service users. Evidence of staff colluding to cover up incidents. Types of Abuse Level Lower Level Concern 1 2 Institutional (continued) Professional Significant Harm 3 Very Significant Harm 4 Adult at risk lacks capacity and steps to protect are not least restrictive. Over medication and/or the use of inappropriate restraint in the management of behaviour. Adult at risk is discharged from hospital without adequate discharge planning and harm occurs. Widespread consistent ill treatment. Adult at risk whose personal plan of care stipulates that they should have two staff supporting them is supported by one member of staff on several occasions or one occasion and harm occurs. Adult at risk fearful to report concerns because of fear of repercussions. Denying Adult at risk access to professional support and services such as advocacy. Failure to support adult at risk to access health, care, treatments. Failure to whistle blow on serious issues when internal procedures to highlight issues are exhausted. Failure to refer disclosure of abuse. Poor, ill-informed or outmoded care practice and harm occurs to service users. Service design where groups of service users living together are incompatible and no harm occurs. Service design where groups of service users living together are incompatible and harm occurs. 10 Punitive responses to challenging behaviours. Professionals entering into a sexual relationship adult at risk.