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Hosted Safeguarding Team for Birmingham Your responsibilities Abuse and neglect Safeguarding principles Your role as alerter Multi-Agency Working Information Sharing The Mental Capacity Act Deprivation of Liberty PREVENT V1.0, October 2013 Guidance and resources Your responsibilities Safeguarding adults Vulnerability in adults All staff working within the NHS have a responsibility for the safety and wellbeing of the people who use our services. Living a life that is free from harm and abuse is a fundamental human right of every person and is an essential requirement for health and well-being. An ‘adult at risk’ is someone who is over 18, who has care or support needs, and who is unable to take steps to protect themselves from abuse or neglect by others. Safeguarding adults is about protecting the safety and well-being of all patients, but particularly those who are least able to protect themselves from the risk of abuse or neglect. People with care and support needs can sometimes live in vulnerable circumstances and may be at increased risk of abuse or neglect by others. We all have a responsibility work together to spot those at highest risk and to take steps to protect them. It is part of our duty of care. Safeguarding is fundamental to the outcomes expected of the NHS and is integral to compliance with legislation, regulations and quality standards. Safeguarding is not an ‘add-on’ to what we do, but should inform our day to day practice at all times. At certain times in our lives, and in certain circumstances, anyone can become vulnerable to the risk of abuse from others. But for some people the risk of harm can be more pronounced and enduring, for example people who have a learning disability, a mental health problem, or who are physically frail or disabled. Dignity in Care Dignity underpins the whole concept of adult safeguarding. If we lose sight of the fundamental right of all adults to be treated with dignity and respect - especially the most vulnerable members of our society - then we create a climate in which the risk of abuse and neglect rises. The Dignity in Care campaign has set a 10 point dignity challenge to anyone working in health or social care. Any practitioner and any service can measure their performance in these 10 key areas. Your responsibilities The Dignity Challenge Duty of Care 1. Have a zero tolerance of all forms of abuse 4. Enable people to maintain the maximum possible level of independence, choice and control Every NHS funded organisation and every healthcare professional has a duty to ensure that people in vulnerable circumstances are kept safe and receive the highest possible standards of care. However, protecting adults from the risk of harm does not mean taking over control of their lives. All adults have the right to make their own choices and decisions in life, and sometimes adults can make choices which leave professionals feeling uncomfortable. 5. Listen and support people to express their needs and wants Safeguarding does not always have easy answers. 6. Respect people's right to privacy Duty of care means ensuring that all reasonable and proportionate steps have been taken to assess risk and to support the person in making their own choice. Being accountable means you must be able to show how and why you acted in the way you did. When acting in a person’s best interests you must always do so with their consent unless you believe the person lacks capacity to make the decision for themselves. Carefully assessing mental capacity and working in line with the Mental Capacity Act 2005 is therefore a key factor in adult safeguarding. 2. Support people with the same respect you would want for yourself or a member of your family 3. Treat each person as an individual by offering a personalised service 7. Ensure people feel able to complain without fear of retribution 8. Engage with family members and carers as care partners 9. Assist people to maintain confidence and positive self-esteem 10. Act to alleviate people's loneliness and isolation You can find more information about Dignity in Care and Dignity Champions at: http://www.dignityincare.org.uk/ Abuse and neglect What is abuse? ‘No Secrets’ is a guidance document produced by the Department of Health. It lays out expectations about multi-agency working to protect adults at risk from abuse. It defines abuse as follows: ‘Abuse is a violation of an individual’s human and civil rights by any other person or persons. Abuse may consist of single or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or an omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented, or cannot consent. Abuse can occur in any relationship and may result in significant harm, or exploitation of, the person subjected to it.” Abuse may be perpetrated by anyone who has power or control over another individual. The person responsible for the abuse is very often well known to the person being abused. The abuser could be a spouse; partner; son; daughter; relative; friend; carer or neighbour; a paid carer or volunteer; a health worker; a social care worker; another resident or service user; a visitor or someone who is providing a service. Abuse may be perpetrated by an individual deliberately intending to harm, but equally it can occur when someone fails to take the right action, or unintentionally causes harm through ignorance. Categories of abuse There are many different types of abuse which adults at risk may be subject to: Physical abuse Such as rough handling, unreasonable restraint, hitting, burning, pushing or kicking someone, locking someone in a room. Sexual abuse Such as inappropriate touching or forcing someone to take part in or witness any sexual act against their will. Psychological/Emotional abuse Such as intimidation, bullying, shouting, swearing, taunting, threatening or humiliating someone. Abuse and neglect Financial abuse Such as theft, fraud, coercion over wills, misusing someone’s money, property or other belongings without their agreement. Neglect Such as not providing necessary food, heating, care or medicine. Discrimination Such as ill-treatment or harassment based on a person’s age, sex, sexuality, disability, religious beliefs or ethnic group. Institutional Such as rigid regimes, systemic poor care, poor organisational culture, lack of resources, denial of choice, lack of dignity and respect for patients. Abuse can take place anywhere: in a person’s own home, in day or residential centres, in supported housing, educational establishments, nursing homes, clinics and hospitals. Intent is not necessarily an issue in deciding whether or not an act (or a failure to act) is considered to be abusive; it is the impact of the act on the person and the harm, or risk of harm, to that individual which is the key factor. Consideration must always be given not only to the immediate impact on the individual concerned, but also to the risk of future, longer-term harm – including potential harm to others. Serious harm Self-Neglect is not classed as a safeguarding issue within Birmingham’s local guidance but it may still be a potentially serious matter to be addressed through other routes. Domestic Violence is a similarly serious issue but one which is not normally addressed via the safeguarding route, unless the victim is classed as a ‘vulnerable adult’ or ‘adult at risk’ Serious harm should be taken to include not only ill-treatment but also the impairment of, or an avoidable deterioration in, physical or mental health; and the impairment of physical, intellectual, emotional, social or behavioural development. Safeguarding principles Six Safeguarding Principles The Department of Health gives us six key principles which are expected to underpin our approach to safeguarding adults: Empowerment Prevention Proportionality Protection Partnership Accountability We should continually be checking whether we are acting in line with these six principles in the course of our individual safeguarding practice. Organisations should also audit themselves against the six principles. Some outcomes for organisations that apply the six principles effectively could be: Empowerment We give individuals the right information about how to recognise abuse and what they can do to keep themselves safe. We give them clear and simple information about how to report abuse and crime and what support we can offer. We consult them before we take any action. When someone lacks capacity to make a decision, we always act in his or her best interests. Prevention We help the community to identify and report signs of abuse and suspected criminal offences. We train staff how to recognise signs of abuse and neglect and to take action to prevent abuse occurring. In all our work, we consider how to make communities safer. Proportionality We discuss with the individual and with partner agencies what to do where there is risk of significant harm, before we take a decision. Risk is an element of many situations and should be part of any wider assessment. Protection We have effective ways of assessing and managing risk. Our local complaints and reporting arrangements for abuse and suspected criminal offences work well. Local people understand how we work and how to contact us. We take responsibility for putting them in touch with the right person. Partnership We are good at sharing information locally. We have multi-agency partnership arrangements in place and staff understand how to use these. Safeguarding principles We foster a one team approach that places the welfare of individuals before the needs of the system. Accountability The roles of all agencies are clear, together with the lines of accountability. Staff understand what is expected of them and others. Agencies recognise their responsibilities to each other, act upon them and accept collective responsibility for safeguarding arrangements. “The people I wanted were involved” “I had good quality care - I felt safe and in control” “When things started to go wrong, people around me noticed and acted early” “People worked together and helped when I was harmed” “People noticed and acted” The outcomes for individuals If we apply the six principles correctly then adults at risk are likely to get better individual outcomes from safeguarding, as opposed to safeguarding being simply a process that is done ‘to them’. Some effective outcomes for individuals might then be: “I had the information I needed; in the way that I needed it” “Professionals helped me to plan ahead and manage the risks that were important to me” “People and services understood me - recognised and respected what I could do and what I needed help with” “People asked what I wanted to happen and worked together with me to get it” “I got the help I needed by those in the best placed to give it” “The help I received made my situation better” “People will learn from my experience and use it to help others” “I understood the reasons when decisions were made that I didn’t agree with” Your role as alerter How to make an alert Working with patients If you believe that an adult is at risk of being seriously abused or neglected in some way, you should make a safeguarding alert. Your concern may result from something that you have seen, been told, or heard. Safeguarding is about empowerment as well as protection. When considering whether to make an alert, always involve the patient as much as they want and feel able to. There can sometimes be difficult and sensitive issues involved, and there may be challenges around capacity, communication and access to the adult who is at risk. But unless there is very good reason not to, talk to the patient about why you feel you may need to raise a safeguarding alert. In Birmingham anyone who wants to make a safeguarding alert should contact the Adults and Communities Access Point (ACAP) on 0121 303 1234. ACAP will take details of your concerns and will co-ordinate the safeguarding response. The response may involve several agencies working together. Anyone can contact ACAP to make an alert, including members of the public. If you are a professional, you should also confirm your concerns in writing by completing a multiagency alert form and faxing it to ACAP on 0121 303 6245. Out of hours you should contact the Emergency Duty Team on 0121 675 4806 If you think that a crime has been committed inform the police directly. West Midlands Police can be contacted on 0345 113 5000. Always speak to the patient in a private and safe place to discuss your concerns. It is essential to ensure that the person alleged to have caused harm is not present during this process. The patient may be frightened and fearful of repercussions. Explain how the safeguarding process can help them and how confidentiality is managed. Sometimes people can still be reluctant to take things forward. In family settings in particular, the dynamics can be very complex. Be sensitive to this, but there may be occasions where you have to make clear that you have a professional duty to act. Your role as alerter Should I make an alert? Each situation is different. You have to assess the situation, consider the circumstances and decide whether or not making a safeguarding alert is the most appropriate and proportionate response to the situation. Think about whether your actions are in accordance with the 6 principles. Consider Birmingham’s local guidance at www.bsab.org.uk. Take advice from your safeguarding lead and act in line with your organisation’s policy and procedure. Record your actions and be accountable for what you did and why you did it. Remember: if in doubt, make the alert. Some factors to consider How vulnerable is the adult at risk? What personal, environmental and social factors contribute to this? What is the nature and extent of the abuse? Is the abuse or neglect a crime or a potential crime? How long has it been happening? Is it a one-off incident or a pattern of repeated actions? What impact is this having on the individual? What physical and/or psychological harm is being caused? What are the immediate and likely longer-term effects of the abuse on their independence and wellbeing? What impact is the abuse having on others? What is the risk of repeated or increasingly serious acts by the person causing the harm? Is a child (under 18 years) at risk? Does the patient have capacity to make decisions about their safety for themselves? Remember that capacity can be undermined by the experience of abuse or in situations where the person is being exploited, coerced, groomed or subjected to undue influence or duress. If the person does not have capacity, does action need to be taken in their best interests under the Mental Capacity Act? Are there valid reasons to act, even without the patient’s consent? For example, where others are at risk or in order to address a service failure that may affect others. Do not begin your own investigation or confront the alleged abuser. The role of the alerter is all about recognising abusive situations: Look, listen, clarify exactly why you are concerned, then report it. Multi-Agency working Partnership working ‘No Secrets’ makes clear that effective safeguarding can only be achieved when agencies work together in partnership. A person making a safeguarding alert will often only be seeing one piece of what may be a very complicated jigsaw - the aim of the subsequent safeguarding process is to pull the pieces of the jigsaw together and then collectively decide on how to respond to the identified concerns. The West Midlands Policy and Procedure. A comprehensive adult safeguarding policy and procedure has been developed and signed up to by partner agencies across the whole of the West Midlands region. Whatever your professional role, and whatever organisation you work for, the policy applies to you. You can find the policy online, together with Birmingham’s local guidance, at: http://www.bsab.org/publications/ policy-procedures-and-guidance/ What happens after an alert is made In Birmingham, if your alert is taken on as a referral then Adults and Communities will co-ordinate the safeguarding response. This will include scoping out who has had any involvement with the adult at risk, gathering information and arranging further investigations as required, and developing a safeguarding plan. This process may either be co-ordinated via a face to face strategy meeting, or via telephone discussions, but it will normally involve representatives from the local authority, police, health and any relevant others. The aim is to ensure that all parties have a clear understanding of the level of risk, have collectively decided on the agreed response, and have identified what their individual responsibilities are. You have a professional duty to contribute to the information gathering process, share your perspectives about the situation, and play whatever part is identified for you or your agency in the safeguarding plan. Making an alert does not mean simply handing the matter over to social services to deal with. The situation will then kept under review. Further meetings or case conferences may be arranged until agreement is reached that the issues have been satisfactorily dealt with and the case can be closed. Multi-Agency working Birmingham Safeguarding Adults Board with statutory guidance and accepted best practice. The Birmingham Safeguarding Adults Board (BSAB) was established to promote, inform and support multi agency safeguarding adults work in the city. It sets the strategic direction of safeguarding in Birmingham. Key partner agencies across the city have committed to the Safeguarding Board via a Memorandum of Understanding. This provides the framework and terms of reference for identifying roles, responsibilities, authority and accountability. The Board is chaired by the Service Director for Health and Well Being on behalf of the Strategic Director of Adults and Communities, Birmingham City Council. It is comprised of members from key statutory agencies who work with adults at risk of abuse in Birmingham. Members have sufficient seniority to represent their organisation with authority, make multi agency agreements and take issues back for action. The Board is tasked with developing partnerships so as to ensure effective local arrangements are in place for the safeguarding of adults at risk of harm, consistent The Board meets regularly throughout the year and ensures that the multi-agency policy and procedures are being used effectively across the city. Working arrangements are monitored to ensure appropriate and proportional outcomes for adults at risk. The BSAB has four sub groups which support it to discharge its remit in relation to: Operations Training and Communication Serious Case Reviews Mental Capacity and DoLS For more information on adult safeguarding in Birmingham, alert forms, publications and further resources, go to the BSAB website at: http://www.bsab.org/ Information sharing A duty to share information Information sharing between organisations is essential to safeguard adults at risk of abuse, neglect and exploitation. In serious case reviews across the country, failing to share information has often been identified as a significant contributory factor when things have gone wrong. Health care professionals should have the confidence to share information in the best interests of their patients, within the framework set out by the Caldicott principles. Be aware that the Caldicott2 review stated that: “The duty to share information can be as important as the duty to protect patient confidentiality” protect personal safety, or where there are other legal reasons to do so. In some instances the individual will not have the capacity to consent to disclosure of personal information relating to them. Where this is the case any disclosure of information needs to be considered against the conditions set out in the Data Protection Act and must be in their Best Interests as per the Mental Capacity Act. Information sharing protocols The local information sharing protocol for Safeguarding Adults can be found at the Birmingham safeguarding Adults Board website: http://www.bsab.org/ Decisions about what information is shared and with whom will be taken on a case-by-case basis. But whether or not information is shared with or without the adult at risk’s consent, the information should be: Consent Information should always be shared with consent wherever possible, but a person’s right to confidentiality is not absolute - it may be overridden where there is evidence that sharing information is necessary in the public interest, is required by law, is necessary to necessary for the purpose for which it is being shared shared only with those who have a need for it accurate and up to date shared in a timely fashion shared accurately shared securely. The Mental Capacity Act What is Capacity? Capacity is the ability to make a specific decision at the time that decision needs to be made. The starting point is always that adults have capacity to make their own decisions in life, however in some circumstances capacity can become impaired - for example when a person develops dementia. This can mean that sometimes one person has to make a decision for or on behalf of another. The decision could be about very simple matter, or a very complicated one, but either way it is a crucial safeguard that all actions are taken in line with the requirements of the Mental Capacity Act. The Act applies to anyone aged16+. There is a comprehensive code of practice you should use to inform your actions in this area. Assessing Capacity: To assess capacity, first consider: 5 Basic Principles of the MCA: Presume capacity unless demonstrated otherwise Offer help and support to individuals to make their own decisions Individuals have the right to make eccentric or unwise decisions Always act in the individual’s best interests when taking a decision Is there an impairment of, or a disturbance in the functioning of the mind or brain? Does this impairment affect the person’s ability to make the decision? If the answer to either of the above is ‘no’, then the person has capacity to make their own choices. In order to assess whether an impairment in mental functioning actually impacts on decision making ability you must consider whether the person can: Take the less restrictive option wherever possible Understand the information relevant to the decision Retain the information Use or weigh up the information as part of the process of making the decision Communicate their decision If the answer to any of these is ‘no’ then the person does not have capacity and the decision may then need to be made on their behalf. The Mental Capacity Act Before making a decision, you should consider the following: Does the decision need to be made without delay? Will the person regain capacity? Can the decision wait until the person has regained capacity? Remember that capacity can fluctuate. You are not making a blanket judgement about the person’s decision making ability, you are looking a specific decision at the time it needs to be made. If you do have to make a decision for someone else, you must always act in their best interests. Best Interests When assessing what is in a person’s best interests you should consider: The past and present wishes and feelings of the person The beliefs and values of the person Whether the person has made any advanced decisions As far as possible, the decision maker should consult with other people (friends and family etc) and should take their views into account when making the decision. If, on the balance of probability, you believe that someone does not have capacity, and you then act in line with the principles of the MCA and in that person’s best interests, you are then protected from liability. Who assesses capacity? Anyone can assess capacity. You do not have to be a specialist to do so, particularly for simple day to day decisions. However if you are unsure, seek support from your organisational lead. Recording your actions For more complex decisions you should always record (a) how you assessed capacity and (b) how you reached your best interest decision. Holding a ‘best interests meeting’ to record and demonstrate the decision making process and to evidence who was consulted is an effective way to do this For very complicated decisions, or in the event of serious dispute, seek specialist advice from within your organisation. If necessary, the matter can be referred to the Court of Protection for resolution. Deprivation of Liberty (DOLS) What is DOLS? The Deprivation of Liberty Safeguards 2009 (DoLS) are an amendment to the Mental Capacity Act 2005. They provide a legal framework to protect persons (aged over18 years) who lack the capacity to consent to the arrangements for their treatment or care, in circumstances where that treatment or care can only be delivered with a level of restriction or restraint that amounts to a deprivation of liberty. Where does DOLS apply? The safeguards only apply to persons in a hospital or a care home setting, in circumstances where the mental health act is not applicable. For example, a person with dementia who is admitted to medical unit for treatment they need and which is in their best interests, but who is very confused and repeatedly attempts to leave. How is DOLS authorised? DOLS is a safeguard to ensure that where deprivation of liberty is necessary it is scrutinised and authorised rather than applied arbitrarily. There is a legal duty on a hospital or care home to apply for authorisation to the Local Authority if they believe they are depriving an individual of their liberty. The Local Authority will then commission six separate assessments from independent assessors in order to ascertain (a) whether deprivation of liberty is taking place and (b) whether it is necessary and justifiable. Written authorisation will then be provided where appropriate. DOLS is a statutory process and it is essential that practice in this area is robust: the Court of Protection is the final decision maker in the event of dispute, and has on occasion highlighted high profile failings in practice which have had serious implications for the parties involved. Your responsibilities If you believe that someone in a hospital or care home setting is being deprived of their liberty, discuss the matter directly with the unit manager. Where care cannot be delivered in a less restrictive way, the unit may need to make a DOLS application. DOLS is in no way a punitive process but it is an important safeguard to protect the rights of vulnerable people - so if, after discussion, you still feel that appropriate actions are not being taken by the hospital or care home you should raise the matter with the Local Authority DOLS team on 0121 675 1684. PREVENT What is PREVENT? Prevent is part of the Government’s counter-terrorism strategy. It aims to reduce the risk of vulnerable people being exploited by radicalisers and subsequently drawn into terrorist related activity. Prevent is not about criminalising people – it is about reducing the risk of that happening by intervening early. Your role in Prevent Healthcare workers have a key role in delivering the Prevent agenda. On daily basis we meet and treat individuals who may be open to exploitation by radicalisers. The key challenge for the health sector is to ensure that staff can identify signs that someone is potentially being drawn into terrorism, are aware of the support that is available, and are then confident in referring the person for on for further support. How does Prevent work? Prevent works in the same broad way as safeguarding does: by recognising vulnerability, flagging up concerns, and then supporting vulnerable people through effective multi-agency working. If you have concerns that an individual is at risk of radicalisation, you should raise these concerns with your organisational Prevent lead or Safeguarding lead. Referrals may then go to a multi-agency panel called Channel for consideration and response. Building Partnerships, Staying Safe The Department of Health has developed a guidance toolkit to assist in implementing Prevent in the NHS. It is called, ‘Building Partnerships, Staying Safe’. You can download a copy at: https://www.gov.uk/government/ publications/building-partnershipsstaying-safe-guidance-forhealthcare-organisations Health WRAP In conjunction with the Home Office, the Department of Health has also developed a workshop specifically tailored to the healthcare sector, known as Health WRAP (Working to Raise Awareness of Prevent). Please contact your organisation's Prevent or Safeguarding lead for further information about awareness raising, training or the Prevent agenda. Guidance and resources There are numerous online resources available to support your individual practice and to aid development of effective safeguarding structures within your organisation. Some of these resources are listed below. Contact details for the CCG safeguarding nurses are also listed at the back of this set of prompt cards. Safeguarding Adults: The role of health service managers and their boards (DoH 2011) Safeguarding Adults: The role of health service practitioners (DoH 2011) Safeguarding Adults: The role of NHS commissioners (DoH 2011) Safeguarding Adults: Self assessment and assurance framework (DoH 2011) All at: https://www.gov.uk/government/ publications/safeguarding-adultsthe-role-of-health-services Statement of government policy on Adult Safeguarding (DoH 2013): https://www.gov.uk/government/ publications/adult-safeguardingstatement-of-government-policy-10may-2013 Safeguarding vulnerable people in the reformed NHS: accountability and assurance framework (NHS England, 2013): http://www.england.nhs.uk/wpcontent/uploads/2013/03/ safeguarding-vulnerable-people.pdf Association of directors of adult social services (ADASS) safeguarding resources: http://www.adass.org.uk/index.php? otion=com_content&id=522&Itemid =406 Social care institute for excellence (SCIE) safeguarding resources: http://www.scie.org.uk/adults/ safeguarding/index.asp Ministry of Justice mental capacity act guidance: http://www.justice.gov.uk/protectingthe-vulnerable/mental-capacity-act Social care institute for excellence (SCIE) mental capacity act e-learning resource: http://www.scie.org.uk/publications/ elearning/mentalcapacityact/ Birmingham Safeguarding Adults Board (BSAB): http://www.bsab.org/ Safeguarding Adult Lead Nurses Joe Martin 07971 462 434 [email protected] Heidi Osborne 07545 422 697 [email protected]