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Quick Guide …..What role do I have in safeguarding as a family carer?.
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Quick Guide …..What role do I have in safeguarding as a family carer? At sometime in your role as family carer you may uncover or be involved in safeguarding issues. This can be a daunting time or experience and this quick guide should help you to understand the process and what you need to be looking out for or be aware of.
The law relating to Safeguarding and protecting adults • In 2000, the Department of Health issued guidance called “No Secrets”. This outlined how the local Authority should co-ordinate a multi agency approach to protecting and safeguarding vulnerable adults from abuse through the development of multi-agency policy and procedures. It led to the development of Multi Agency Policy and Procedures. • The Human Rights Act is an important legal framework to support an adults rights to be • Equality Act • Mental Capacity Act • Safeguarding Vulnerable Groups Act
Legislation – Child Protection • Childrens Act 1989 • s3- Parental responsibility • s17 Duty to safeguard and promote welfare • s37 Duty to investigate- • s47(1b) significant harm • s47 enquiries – duty to assist and co-operate • S48(9) emergency Protection Order • Police and Criminal Evidence Act 1984, section 17 • Adoption and Children’s Act 2002 • Mental Capacity Act 2005
Principles of safeguarding • Empowerment • Protection • Prevention • Proportionality • Partnerships • Accountability and • Inclusiveness • Leadership • Culture • Staff competence
Why has Child Protection guidance been developed? • Result of legislation • Achieving best evidence in criminal proceedings: guidance for vulnerable and intimidated witnesses, including children • Achieving a balance of welfare of child and need to respect rights of parents • Human Rights Act 1998
Definition of a vulnerable Adult • ‘a person aged 18 or over who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of himself or herseld, or unable to protect him/herself against significant harm or exploitation’.
Definition of a vulnerable child • Differing definitions based on Children’s Act 1989 • Circumstance where a child’s basic needs are not being met in a manner that is appropriate to his/her individual needs and stage of development and the child is, or will be, at risk through avoidable acts of commission or omission • Principle ; all children deserve to be cared for and be protected from harm and to grow up in a safe environment in which their rights and needs are respected
What makes someone vulnerable? • Limited access to health care • Age • Dependency on others (parent,guardian) • Limited sex education • Limited life experience • Limited access to criminal justice • Shared living arrangements • Dependent on other for their basic needs
Abuse Abuse can happen in any setting In places presumed as ‘safe’ Abusers can include; Family members Friends Neighbours Carers Paid professionals
What is abuse? • Abuse is a violation of an individual’s human and civil rights by any other person or persons. Abuse may consist of a single act or repeated acts.
Is abuse always intentional? • No – the person perpetrating abuse may not know that what they are doing is harming the victim. • Is the impact on the victim any less if the abuse is unintentional?
Potential Indicators Physical abuse • Includes hitting, slapping, scratching, pushing, kicking, misuse of medication, restraint or inappropriate sanctions.
Potential Indicators Sexual abuse • Includes rape and sexual assault or sexual acts to which the adult has not consented, or could not consent or was pressured into consenting, and non-contact abuse such as voyeurism, involvement in pornography, serious teasing or innuendo.
Potential Indicators Psychological abuse • Includes emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, harassment, verbal abuse, isolation or withdrawal from services or support networks
Potential Indicators Financial or material abuse • Includes theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
Potential Indicators Neglect and acts of omissions • Includes ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding or the necessities of life, such as medication, adequate nutrition and heating.
Potential Indicators Discriminatory abuse • Includes racial and sexual harassment, discrimination on the basis of race, gender, age, sexuality, disability or religion, slurs and deliberate exclusion.
Potential Indicators Institutional abuse • This can be defined as abuse or mistreatment by a regime as well as by individuals within a residential setting. Sometimes, it it difficult to identify organisational practices as abusive and it is easier to define them as inadequate.
Potential Indicators Institutional abuse continued Examples include • Rundown/overcrowded establishment • Authoritarian or rigid management • Lack of leadership/supervision • Disharmony in staff group • High level of sickness and turnover of staff • Not enough staff
What might not usually be considered as abuse for vulnerable adults? • Random Violence Random violence perpetrated against a vulnerable adult by a person with whom the vulnerable adult has had no previous or likely future contact (i.e. a stranger) will not usually be viewed as requiring investigation of the Procedures to Protect Vulnerable Adults from Abuse. However, other services (especially the police, if not already aware) and support will frequently be needed. • Self-Neglect Adult protection will not usually apply in cases of self-neglect, other than when mental incapacity is present. Other assessment and review procedures may prove a more appropriate intervention in situations of self-neglect
Ways in which family members can help prevent abuse • Acknowledging that ‘it could happen here’ • Being alert to signs of distress or intimidation by someone that they care for • Reporting concerns at the earliest opportunity to a helath vsitor/ social worker, GP or other paid professional • If concerns are not heard through proper channels – try another way – don’t give up • Asking for help if you feel ‘out of your depth’ with a particular issue
If you suspect abuse • DO Remain calm Ensure no one is in immediate danger Call emergency services if urgent help required Report concerns without delay • Record facts • DON’T X Promise to keep secrets X Be judgemental or over react X Challenge the alleged abuser/investigate yourself X Disturb forensic evidence X Discourage anyone from reporting concerns
What if someone does not want help? • Vulnerable children and adults have rights and responsibilities – however with a child welfare is paramount • Mental capacity Act applies fro vulnerable Adults • Do not promise to keep secrets • Speak to your manager
Preserving Evidence • Don’t disturb ‘crime scene’ • Don’t tidy up. Change bedding • Encourage person not to wash, change clothes, use the toilet, drink • Ensure documentation is safe • Not conversations, answer-phone messages etc • Don’t attempt to interview victim, perpetrator, witnesses
What should I do? • Record and Report to http://www.sunderland.nhs.uk/TPCT/services/nursing/docs/framework.pdf • www.alertabuse.org.uk/documents/SSAP%20Section%201.pdf
Then what? • Strategy- Child protection procedures, MARAC, Local safeguarding Children’s Board • Decision making • Record events • Monitor • Evaluate • Re convene