care act seminar safeguarding correct as at march 2015
TRANSCRIPT
CARE ACT SEMINAR
SAFEGUARDING
Correct as at March 2015
Section 42 – 47 of the Care Act
Places Safeguarding Adults on a Statutory footing
Safeguarding Adults
Enquiry by local authority
The LA must make enquiries……
……….or cause them to be made
BUT – no power to gain access……
Section 42
Safeguarding Adults Boards
• Establish a board• Publish a plan/strategy• Publish an annual report
Section 43
Safeguarding Adults Reviews
Undertake a review where there has been a death/serious incident and partners could have acted better
Section 44
Supply of Information
Duty to provide information to the Board to assist it to undertake it’s functions
Section 45
Abolition of local authority’s power to remove persons in need of care
Repeal of Section 47 of the National Assistance Act 1948
Section 46
Protecting property of adults being cared for away from home
Section 47
Safeguarding 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.
S.14.2 Care and Support Statutory Guidance – Oct 2014
Adult (at Risk)
• Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect.
• It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action.
S.14.7 Care and Support Statutory Guidance – Oct 2014
Adult Safeguarding is….
Safeguarding is not a substitute for:• providers’ responsibilities to provide safe and high
quality care and support;• commissioners regularly assuring themselves of
the safety and effectiveness of commissioned services;
• the Care Quality Commission (CQC) ensuring that regulated providers comply with the fundamental standards of care or by taking enforcement action; and
• the core duties of the police to prevent and detect crime and protect life and property.
S.14.9 Care and Support Statutory Guidance – Oct 2014
Adult Safeguarding is not….
‘Local Authorities should not be constrained in their view of what constitutes abuse or neglect……..’
S.14.16 Care and Support Statutory Guidance
Abuse and Neglect
• Physical• Sexual• Psychological• Financial/Material• Neglect/Acts of
omission• Organisational• Discriminatory
Types of Abuse• Domestic
Violence• Modern Slavery• Self Neglect
• Empowerment• Prevention• Proportionality• Protection• Partnership• Accountability
Six Key Principles
• Personalisation of Safeguarding• Use of Advocates• Self determined outcomes• Aggregation of performance
information to the SAB
Making SafeguardingPersonal
Following the intervention, did the person feel:
• Listened to?• Informed?• Supported?• Satisfied with the Outcome?• Satisfied with the way people dealt with the
concern?• Safer?
Safeguarding Outcomes
• Each member of the SAB should have a DASM (who should keep in regular contact with their counterparts in partner organisations)
• The DASM is responsible for the management and oversight of cases where allegations about an employed person (or volunteer) may pose a risk.
• Liaison between the local authority DASM and the LADO (Local Authority Designated Officer)
Ref: S.14.175 - 186 Care and Support Statutory Guidance
Designated Adult Safeguarding Manager
