Safeguarding Vulnerable Adults

1. Safeguarding Vulnerable Adults Legislative Framework

2. The Safeguarding Vulnerable Groups Act 2006 • makes significant changes to the way that people who work with children or vulnerable adults are vetted. • Came from the Bichard Report. • The purpose of the Safeguarding Vulnerable Groups Act 2006 is to restrict contact between children and vulnerable adults and those who might do them harm.

3. Its key Principles are simple …. • unsuitable persons should be barred from working with children or vulnerable adults; • employers should have a straightforward means of checking that a person is not barred from working with children or vulnerable adults; • suitability checks should not be one-offs: they should be an element of ongoing assessment of suitability to catch those who commit wrongs following a suitability check.

4. Where did it come from? • The BichardInquiry22nd June 2004 A Public Inquiry Report on child protection Procedures in Humberside Police and Cambridgeshire Constabulary, particularly the effectiveness of relevant intelligence-based record keeping, vetting practices since 1995 and information sharing with other agencies. This report makes recommendations on matters of local and national relevance.

5. On 17 December 2003, Ian Huntley was convicted of the murders of Jessica Chapman and Holly Wells. It is difficult to exaggerate the horror which these murders caused or to begin to imagine the grief of the girls’ families. • SohamMurders http://www.youtube.com/watch?v=t8bUJBwKxU4

6. This Inquiry was set up by the Home Secretary to: “Urgently enquire into child protection procedures in Humberside Police and Cambridgeshire Constabulary in the light of the recent trial and conviction of Ian Huntley for the murder of Jessica Chapman and Holly Wells. In particular to assess the effectiveness of the relevant intelligence-based record keeping, the vetting practices in those forces since 1995 and information sharing with other agencies, and to report to the Home Secretary on matters of local and national relevance and make recommendations as Appropriate” • Bichard Report (2004)

7. Failings • In recruitment checking • In Huntley being allowed to start work before his details were checked. • No clear evidence of robust CRB checking • Errors in entering details for CRB on the documents. • Huntley had applied under the name Ian Nixon. This was not fully checked.

8. Recommendations (31 of them in all) • A registration scheme for those wishing to work with children or vulnerable adults • The urgent introduction of a national police intelligence system for England and Wales • A clear code of practice for all police forces on record creation, retention, deletion and sharing • Training for head teachers and school governors on how to ensure interview panels safeguard children • Guidance to social services on when they should refer cases involving underage sex to the police

9. And the result was ……. The Safeguarding Vulnerable Groups Act 2006

10. The Mental Health Act 1983 • Many people with mental health issues are treated with community care services. • This is the key piece of legislation. • Alongside it comes a code of practice which gives guidance on application of the Act.

11. Key terms • ‘Patient’ - “a person suffering or appearing to suffer from a mental disorder” (Brammer, 2007, p:464) • Mental disorder • Mental Impairment • Severe mental impairment • Psychopathic disorder • Approved social worker • The nearest relative

12. Compulsory powers “Compulsory admission should only be exercised in the last resort” Sections 2-5 of the mental health act deal with compulsory detention. The emphasis of the act is on the least restrictive intervention possible. Detention is considered on diagnosis and risk assessment.

13. Informal patients • This covers the majority of patients • A person over the age of 16 can become an informal patient in a hospital • Introduces the concept of guardianship Formal powers

14. Rights when in hospital • Basic care and accommodation • Informal patients have to give consent to treatment. • The act provides safeguards for surgical procedures. • Patients (unless detained by a criminal court) retain their right to vote. • Can send and receive correspondence • Can be visited by friends and family • If detained cannot take legal action. • Patients have the right to appeal their detention through a Mental Health Tribunal. • Patients also have the right to after care on discharge

15. Task ….. Seeking Consent Seeking consent: • Why would we do it • When would we do it • Where would you do it • How would we do it

16. For a person’s consent to be valid, the person must be: • capable of taking that particular decision (‘competent’) • acting voluntarily (not under pressure or duress from anyone) • provided with enough information to enable them to make the decision Department of Health, Social Services & Public Safety (2003)

17. Capacity to Consent • Capacity is assumed to be present it is up the health care professional/s to demonstrate capacity is absent • Capacity can fluctuate ( depends on mental state) • Capacity can be ‘patchy’- i.e. the patient can consent in some areas but not others • Capacity can be temporally affected (alcohol, drugs, emotional state)

18. The Process of Assessment Five key phases • Collecting data • Validating data • Organizing data • Identifying patterns • Reporting

20. The five principles of the Mental Capacity Act • Every adult is assumed to be able to make their own decisions unless proved otherwise • People should be supported to make their own decisions • People have the right to make what others may think is unwise or eccentric decisions • If a person lacks capacity then anything done should be done in their best interests • Anything done on behalf of people who lack capacity should be the least restrictive of their basic rights and freedoms Making choices

21. Task Question Why would you deprive someone of their liberty? How could you deprive someone of their liberty?

22. DOLS • Assessment • Advocacy • Authorisations – urgent and standard • Reviews

23. Case Studies

24. Research Task • The Rehabilitation of Offenders Act • The Police Act • The Sexual Offences Act Other acts that you need to consider in Safeguarding Vulnerable Adults are: • Human Rights 1998 • Care Standards Act 2000 • Health and Social Care Act 2008 • The Equality Act 2010 • The Data Protection Act 1998