Safeguarding Implications

Care Act 2014

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Introduction

The Care Act received Royal Assent on 14 May 2014 The Act is in three parts:

1. Care and support

2. Care standards

3. Health Part 1 of the Act consolidates and modernises the framework of care

and support law: New duties for local authorities New rights for service users and carers

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The Care Act 2014 replaces many previous laws

1948 1960… 1970… 1980... 1990… 2000… 2010…

National Assistance Act 1948

NHS and Community Care Act 1990

Carers (Recognition and Services) Act 1995

Chronically Sick and Disabled Person Act 1970

Community Care (Direct Payments) Act 1996

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What is the Act trying to achieve?

That care and support: is clearer and fairer promotes people’s wellbeing enables people to prevent and delay the need for care and

support, and carers to maintain their caring role puts people in control of their lives so they can pursue

opportunities to realise their potential

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An integrated Act

Different sections of the Act are designed to work together Local authority wide Overlap with Children and Families, including transitions Partnerships and integration Leadership

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The framework of the Act and its statutory guidance

Assessment and eligibility

Charging and financial

assessmentCare and support

planning

Personal budgets and direct payments

Key processes

PreventionIntegration,

partnerships and transitions

Information, advice and

advocacyDiversity of

provision and market oversight

Safeguarding

General responsibilities and

key dutiesWellbeing

Underpinning principle

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The wellbeing principle

Wellbeing broadly defined: 9 areas in particular

Local authorities should also have regard to other key principles when carrying out their activities, such as beginning with the assumption that the individual is best-placed to judge their well-being

“The general duty of a local authority, … in the case of an individual, is to promote that individual’s wellbeing”.

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Key Points for Safeguarding

• Local Authority Lead• Duty to enquire• Safeguarding Adult Boards• Safeguarding Adult Reviews• Supply of Information• Independent Advocacy Support• Safeguarding enquiries and reviews Self NeglectNB From April 2015 each local authority must: Make enquires ,or ensure others do, if it believes is subject to or at

risk of abuse or neglect Set up a Safeguarding Adults Board Arrange for an independent advocate where appropriate Cooperate with each of its relevant partners to protect

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Local Authority Lead Enquiries.

Enquiry- what is it? Criteria for intervention Make or cause to be made-delegation Responses Financial clause- why specified?

Updates the scope of Adult Safeguarding to include, where a LA has reasonable cause to suspect that an adult in its area (whether or not they are ordinarily resident there) has: Needs for care and support (whether or not the LA is meeting any of those

needs Is experiencing , or at risk of, abuse or neglect As a result of those needs is unable to protect themselves against the abuse or

neglect or risk of it.

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Safeguarding Adult Boards

Mandatory for Local Authorities to set up Core membership from Police, LA and NHS but with expectations of

the widest achievable membership The boards will have a strategic and leadership function Reporting and transparency, the power to request information from

partners and the responsibility to commission safeguarding adults reviews.

The SAB must: Publish a strategic plan for each financial year Publish an annual report detailing wht the SAB has done during the

year Decide when a SAR is necessary.

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Safeguarding Adult Reviews

SARs v SCRs Mandatory v discretionary Learning and improvement

The new guidance gives the board the flexibility to chose the most appropriate methodology

It is expected that partners will cooperate with SAR’s but the board there is also a legal requirement to share information with the board if it requests it to complete its functions

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Supply of Information

SAB can request information to exercise of functions Likelihood to hold information Why share information? Consequences of not sharing information

All agencies should draw up a common agreement to explicitly set out the requirements to share information, any agreed confidentiality boundaries and the acknowledgement of the boards power to request information.

It should also set out when information should be shared without the agreement of the individual.

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Independent advocacy support

There must be enough capacity to provide an advocate to individuals who are unable to speak for themselves without support for:(this can include IMCA or IMHA where the criteria is met) Safeguarding enquiries Safeguarding Adults Reviews Support and represent Independent

The Making Safeguarding Personal programme led by ADASS and LGA, with the department of health has gained widespread momentum. It follow the edict of ‘no decision without me’ and means that the adult, their families and carers are working together with agencies to find the right solutions to keep people safe.

Planning for people who are at risk of harm including from Self neglect

The person will have been subject to and/or remain at risk of abuse or neglect

They will have been subject to a local authority section 42 enquiry into their situation and will have an agreed safeguarding plan

The plan must actively involve the person in agreeing what outcomes they want and how they will be achieved

While aiming to meet the person’s outcomes the plan must also balance risk appropriately by using the least restrictive options

The plan will be subject to review under the local multi-agency safeguarding procedures

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Six Principles of Adults Safeguarding

Empowerment -Presumption of person led decisions and informed consent.

Prevention -It is better to take action before harm occurs. Proportionality – Proportionate and least intrusive response

appropriate to the risk presented. Protection -Support and representation for those in greatest

need. Partnership -Local solutions through services working with

their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.

Accountability -Accountability and transparency in delivering safeguarding.

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Who is a ‘vulnerable adult?

The Care Act 2014 definition;“Any person aged 18 or over and at risk of

abuse or neglect because of their needs for care and support.”

The preferred term is ‘an adult of risk of abuse’

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Patterns of abuse

Serial Abuse in which the perpetrator seeks out and ‘grooms’ individuals. Sexual abuse sometimes falls into this pattern as do some forms of financial abuse.

Long-term abuse in the context of an ongoing family relationship such as domestic violence between spouses or generations or persistent psychological abuse

Opportunistic abuse such as theft occurring because money or jewellery has been left around.

The Care Act 2014

What is Abuse?

People should not limit their view of what constitutes abuse or neglect, as they can take many forms and the circumstances of the individual case should always be considered.  Exploitation, in particular is a common theme in the list of types of abuse and neglect

Care and Support Guidance 2015

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Recognise:

Physical Psychological Domestic

Violence Sexual Financial

Modern Slavery Discriminatory Organisational Neglect Self Neglect

To take away:

• Could you be ready to tell the group one thing you are going to implement immediately that’s new?

• Could you be ready to tell the group one thing you need to find out more about?