SAFEGUARDING ADULTS POLICY AND PROCEDURES This Policy refers to Age UK Solihull’s commitment to minimising the risk of abuse to older people who receive Age UK services and to supporting older people who disclose that they are being abused by someone else. Adopted by the Directors of Age UK Solihull at the Board of Trustees Meeting on ................................ Signed on behalf of the Directors .......................................................... G Duddy Chairman All Age UK Solihull Policies are subject to an annual desktop review and will be presented to the Board of Trustees for adoption in light of any changes made. Initial Date: May 2005 Review Date: March 2014 1 Details of Review Dates Initial Date: May 2005 May 2006 September 2007 August 2010 August 2011 (desk top) March 2012 March 2014 2 Contents Page 1. Introduction 4 2. Procedures for dealing with suspected abuse 6 1. Emergency Services 6 2. Gaining Consent 6 3. Establishing Mental Capacity 6 4. No consent given with full mental capacity 7 5. Discussion with line manager 7 6. Talking to the individual and family 8 7. Referral to Social Services 8 8. Referral to Police 9 9. Exceptions to honouring the individuals wishes not to be referred 9 10. Following Social Services inter-agency guidelines 9 11. Other Agencies offering help 9 12. Exploring alternative courses of action 10 13. Ongoing work with the individual 10 14. Support to Staff 10 15. Monitoring and Evaluation 10 3 1. INTRODUCTION 1.1 Age UK Solihull is part of Solihull’s multi agency Safeguarding Adults Board which meets quarterly and is chaired by the Director of Social Services. 1.2 Solihull’s Multi Agency Safeguarding Adults Procedures have been developed to enhance the quality of life of vulnerable adults, secure the safety of vulnerable adults, promote the welfare of vulnerable adults and improve the health of vulnerable adults. A paper copy of the procedures is held in the Information and Advice office at the main Age UK Solihull office. 1.3 The term Safeguarding Adults means all work which enables an adult who “is or maybe eligible for community care services” to retain independence, wellbeing and choice and to access their human right to live a life that is free from abuse and neglect. 1.4 Vulnerable Adult is defined as a person aged 18 or over who is or maybe in need of community care services by reason of mental or other disability, age or illness; and who is or maybe unable to take care of him or herself or unable to protect him or herself against significant harm or exploitation. (No Secrets) 1.5 Abuse is defined as a violation of an individual’s human and civil rights by any other person or persons. (No Secrets) 1.6 Action on Elder Abuse established the following definition of elder abuse. “A single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person”. People can be abused in different ways. These include: Physical Abuse Psychological Abuse Financial Abuse Sexual Abuse Neglect 1.7 Age UK Solihull recognises that a significant number of older people are at risk of abuse. Abuse can take place in a person’s own home, in the home of a carer or family member, where day care is provided and within any form of residential or nursing care, including hospitals. The abuser is usually well known to the person being abused. They may be: A partner, child or relative 4 A friend or neighbour A paid or volunteer care worker A health or social worker, or other professional Older people may also be abused by a person they care for Often, the people who abuse older people are exploiting a special relationship. They are in a position of trust, whether through family bonds, friendship or through a paid caring role, and they exploit that trust. Sometimes however abuse is not intentional. It can be because someone lacks the skills or external support necessary to adequately care for another person. This is known as passive abuse because it is unintentional. That does not mean that the impact on the older person is any less, but it can help to understand how best to address the abuse. 1.8 Age UK Solihull will not tolerate any form of abuse and believes that all older people should be able to live in an environment which is safe from abuse. 1.9 In all situations Age UK Solihull believes that everyone is entitled: to privacy; to be treated with dignity; to lead an independent life and to be enabled to do so; to choose how to lead their lives to the protection of the law to have their rights upheld regardless of ethnic origin, gender, sexuality, impairment or disability, age, religious or cultural background. 1.10 Where abuse is suspected, Age UK Solihull will aim to respond to the situation in a way which is: Caring - Staff and volunteers are committed to developing a positive relationship with the individual, actively listening to their concerns and being sensitive to their needs. Effective – Staff and volunteers are fully aware of, and follow the correct procedures and are encouraged to seek further advice and guidance at every stage of the process. The implementation of the procedures should result in prompt, timely and appropriate action. Enabling – A commitment is made to ensuring that the individual’s wishes are respected and that the individual is given all the support and information possible to assist them in making decisions about possible action to be taken. 5 Influencing – When working with external agencies, Age UK Solihull is well positioned to reiterate the needs and wishes of the individual and it will maintain an effective network of contacts and professional relationships to ensure that the process is handled in a co-ordinated and sensitive manner. Innovative – Age UK Solihull is open to reviewing current systems and work practices and willing to ask challenging questions, generate options for action and explore a wide range of alternatives, when working with other agencies and considering how best to deal with each situation as it arises. In working with and for all older people Age UK Solihull will ensure these individual rights and organisational values are promoted and upheld. 2. PROCEDURES FOR DEALING WITH SUSPECTED ABUSE 2.1 These procedures should be followed in every case where the possibility of elder abuse is suspected. 2.2 Information received: A member of staff may become aware of the possibility of abuse due to concerns expressed by the victim or another person; actual abuse witnessed or reported; signs of physical abuse e.g. injuries, dehydration, malnutrition; or psychological indicators e.g. untypical changes in behaviour, agitation, depression, hesitation to talk openly. There may be concerns about financial abuse or neglect. 2.3 Steps to be taken by the member of staff who becomes aware of the possibility of abuse 1. Emergency Services Contact the Emergency Services if the individual appears to be in immediate life threatening danger. 2. Gaining Consent Having ensured the individual is in a safe environment, discuss the immediate situation, explain the possible next steps and potential outcomes, and ask if s/he is happy for you to take further action. 3. Establishing Mental Capacity If the individual says they do not want to take further action, it must be established whether or not the individual concerned has the mental capacity to make that decision. Consult with your line manager. If it is believed that the individual does not have the mental capacity, the Social Services Safeguarding team, duty officer or GP or persons trained and qualified in the Mental Capacity Act 2005 or Mental Health Act and asked to give their professional opinion as to the individual’s mental capacity. 6 It is important to accept that there are various levels of mental capacity. An individual who no longer has the capacity to manage their own finances, for example, may well have the capacity to decide whether or not they want other people to be told of the situation which has arisen. The key issue is whether they understand what has happened and the possible consequences of taking or not taking further action. Consideration should be given to The Deprivation of Liberty Safeguards (DoLS) Legislation. 4. No consent given with full mental capacity This is not a ‘no action’ outcome. Where an individual does not give consent immediately, it is important that the staff member’s line manager is informed and a risk assessment completed - the risk assessment may indicate the need to take some further action without consent. Action needs to be agreed to provide continuing support to the individual. The situation needs to be recorded, continually monitored and a date set with the line manager to review the situation. Further discussion should be held with the individual about the giving of consent to see if, with the passing of time, s/he decides to give consent for further action to be taken. If the individual concerned belongs to a minority group in society, there should be an understanding at senior staff level of wider issues that may inhibit the giving of consent such as: Previous experience of racism Refugee status Language difficulties Dependence on younger family members to act as intermediaries 5. Discussion with line manager Discuss suspected abuse or allegation of abuse with line manager at earliest opportunity. At this stage it would be appropriate to complete a risk assessment. If the line manager is not available and the staff member considers the matter sufficiently urgent, they should discuss their concerns with a suitable alternative manager. The following points amongst others may need to be considered: whether a member of staff with the appropriate training should carry out an internal investigation. This decision should only be taken by the Chief Executive Officer who will have to judge whether sufficient skills and knowledge exist within the organisation; whether a referral to Social Services is appropriate; 7 whether the police should be brought in at this stage (in the case of sexual abuse immediate referral is essential to ensure that vital evidence is not destroyed); whether a doctor needs to be called; the preferability of not holding any discussion with the perpetrator at this stage; whether the internal disciplinary procedure should be invoked in addition to any elder abuse procedure if the perpetrator is a member of Age UK Solihull staff. If the alleged perpetrator is a care worker employed by another agency, the steps should still be followed though a senior manager from the other agency should be notified and involved. If a member of staff has brought the complaint/accusation that member of staff will have protection under the ‘whistle-blowing’ legislation. (Public Interest Disclosure Act 1999). 6. Talking to the individual and family Having gained the individual’s consent, it is important that s/he is kept informed about what is happening and also about the options available to them. The individual should be offered support and if the situation does not involve anyone internal to Age UK Solihull, support could come from an Age UK Solihull volunteer. If someone from Age UK Solihull is involved in the abuse situation, support must come from another organisation. Where the perpetrator is not a relative, it needs to be considered whether or not it is appropriate to discuss the situation with relatives. Where the individual has mental capacity s/he must make the decision whether or not relatives are to be informed. Otherwise the decision must be taken by an Age UK Solihull manager. If relatives are informed they are not bound by any agreements of confidentiality and the information is then in the public domain. 7. Referral to Social Services If there is suspicion of abuse or clear evidence of it a referral to Social Services should be made without delay, subject to the consent of the individual if applicable. The referral should be made to the duty social worker, or if the individual already has contact with Social Services, through the local area team. The social worker will record information on the CRMS referral form (Appendix 4 in Solihull MBC ‘Guidelines for Managing Suspected Abuse of Vulnerable Adults’). The person making the referral should have the following information: 8 personal details of the individual (name, address, age, ethnic origin, gender, religion, family circumstances, support networks, physical and mental health, any communication difficulties); the referrer’s job title and involvement; substance of the allegation; completed risk assessment; details of care givers; details of perpetrator and current whereabouts and likely movements within the next 24 hours; details of any specific incidents e.g. dates, times, injuries, witnesses, evidence such as bruising; background of any previous concerns; awareness or not/consent or not of the individual, carers, perpetrators of the referral. 8. Referral to police In situations where there is obvious evidence of a criminal offence a simultaneous referral to the police may be made. 9. Exceptions to honouring the individual’s wishes not to be referred If the individual does not want the referral to be made, his/her wishes should be honoured unless: the individual or others are in immediate physical danger; it is the opinion of his/her GP that the individual is incapable of making an informed decision; the individual is not the only person affected and risk to others needs to be considered. 10. Following Social Services inter-agency guidelines A copy of the Multi Agency Guidelines for Managing Suspected Abuse of Vulnerable Adults is held in the Information and Advice office and explains the policy that will be followed after a referral to them. The Lead Officer for Inter-Agency Management is Lucy Garratt, Head of Services. If a member of staff feels that Social Services are not responding with the urgency felt to be required, the staff member should discuss with the Lead Officer who will then if appropriate take the initiative by following up the Social Worker or his/her manager. 11. Other agencies offering help The Action on Elder Abuse helpline is run by specially trained staff and volunteers, and provides confidential support and advice for people who have been abused or know someone who may be suffering abuse. It is available weekdays from 9am to 5pm on a Freephone 0808 808 8141. 9 12. Exploring alternative courses of action If no referral is made in line with the individual’s wishes, other courses of action should be considered. In addition to that which is outlined in Paragraph 4, consideration should be given to accessing help-line advice services such as Action on Elder Abuse. Details of the various agencies are given in Age UK England’s Good Practice Guide held in the Age UK Solihull main office. The Guide also advises on recognising types and indicators of the different forms of abuse. 13. Ongoing work with the individual Irrespective of whether a referral has been made or accepted by Social Services, staff should agree with their line manager a framework for ongoing work with the individual. Staff should continue to support and ensure the safety of the individual and work with other agencies towards the elimination of the abuse. 14. Support to staff The line manager should clarify the member of staff’s role and the extent of their responsibility and should provide the necessary support to the employees, ensuring their safety at all times. 15. Monitoring and Evaluation It is essential to maintain accurate records at all stages of the procedure, noting actions and decisions taken. In situations where there is a suspicion of possibly related incidents, senior staff should be notified to enable them to decide who else should be kept informed. Following an incident, senior management needs to consider whether it raises organisational issues which need addressing. 10