Care Act Adult Safeguarding Michelle Jenkins – Head of Safeguarding (Adults)

1. Care Act Adult Safeguarding Michelle Jenkins – Head of Safeguarding (Adults)

2. Key Changes Enquiries not Investigations Removed outcome labels e.g. Substantiated/Not Substantiated/ Inconclusive. Safeguarding enquiries will conclude with actions and agreed outcomes for the person. No longer Levels of Response No longer timescales – principle of no delay

3. Duties apply to an adult who… has needs for care and support (whether or not the local authority is meeting any of those needs) and; is experiencing, or at risk of, abuse or neglect; and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

4. Adult Safeguarding – what it is…. Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. Organisations should always promote the person’s wellbeing in their safeguarding arrangements. Professionals should work with the adult to establish what being safe means to them and how that can be best achieved.

5. Safeguarding is not a substitute for…. providers’ responsibilities to provide safe and high quality care support commissioners regularly assuring themselves of the safety and effectiveness of commissioned services the CQC ensuring that regulated providers comply with standards the core duties of the police to prevent and detect crime

6. What are abuse and neglect? Local Authorities should not limit their view of what constitutes abuse or neglect Abuse includes domestic violence, Modern Slavery, organisational abuse, self neglect, as well as current categories. Exploitation is noted as a common theme. Incidents may be one off or multiple, and affect one person or more. Professionals should look beyond single incidents to identify patterns of harm.

7. Carers A carer may witness abuse of neglect A carer may experience intentional or unintentional hard from an adult they are trying to support A carer may unintentionally or intentionally harm or neglect the adult they support

8. Section 42 - Each local authority MUST…. ..make enquiries, or cause others to do so, if it believes an adult is experiencing, or is at risk of, abuse or neglect. An enquiry should establish whether an action needs to be taken to prevent or stop abuse or neglect, and if so, by whom. Enquiries should adhere to principles of ‘Making Safeguarding Personal’

9. Make Enquiries • An enquiry could range from a conversation with the individual to a much more formal multi-agency arrangement The scope of the enquiry, who leads it and its nature, how long it takes, will depend on the particular circumstances. • Whatever the course of subsequent action, the professional concerned should record the concern, the adult’s views and wishes, any immediate action taken and the reasons for those actions.

10. Make Enquiries - Advocacy • Everyone involved in an enquiry must focus on improving the adult’s well being and work together to share that aim. The local authority has a duty to consider whether the adult requires an independent advocate to represent and to support the adult in the enquiry. This duty is separate from the power of a LA to provide an IMCA in safeguarding enquiries where someone lacks capacity

11. Undertaking an Enquiry • In Brighton & Hove we have Lead Enquiry Officers (LEO) – qualified Social Work practitioners Causing others to Make Enquiries – the LEO may request others to undertake elements of an enquiry, if best placed to do so. If a crime is suspected the police have a duty to investigate. If an HR process is required this will be led by the employing organisation.

12. What happens after an enquiry? • The local authority must determine what further action is necessary. Once enquiries are completed the outcome should be notified to the local authority which should then determine with the adult what, if any, further action is necessary and acceptable. The local authority retains the responsibility for ensuring that the enquiry is referred to the right person and is acted upon. It should assure itself that the enquiry satisfies its duty under s42.

13. Raising Concerns Alert form remains, though will be updated. More focus on wishes of person and consent…. …with usual caveats (level of risk/risk to others etc) Consider balance between consent and risk Reporting to CQC

14. Other Duties Each Local Authority MUST set up a Safeguarding Adults Board Local Authorities MUST cooperate with each of their relevant partners, …… ….and those partners MUST cooperate with the local authority, in the exercise of their functions relevant to care and support to protect adults The SAB can request information ‘to enable it to do its job’ or as part of a Safeguarding Adults Review (SCR)

15. Roles and Responsibilities Roles and responsibilities should be clear Operational staff are responsible for responding to allegations of abuse Each agency should identify a senior manager to take a lead role Commissioners have a responsibility to assure themselves of the quality and safety of organisations they place contracts with Recruitment and training for staff Internal procedures and guidelines

16. To consider ….. Revised Pan Sussex Safeguarding Adults policy and Procedures are available Do organisational arrangements need to be updated? BHCC Training has been updated What training/information do staff need? Person Centred approach – Making Safeguarding Personal