This policy should be read in conjunction with all related policies and procedures. See the separate list in the Policies and Procedures file.

Transcription

1 Safeguarding Adults Policy and Procedure Related policies and procedures This policy should be read in conjunction with all related policies and procedures. See the separate list in the Policies and Procedures file. Purpose and scope This policy and procedure follows the Leeds Safeguarding Adults Partnership Guidance on The Development of Safeguarding Adult Policies and Procedures (July 2015). Additional information and guidance about safeguarding adults can be located on the Leeds Safeguarding Adults Partnership website The purpose of this policy is to: Ensure that any safeguarding concerns or issues identified or shared with Healthwatch Leeds (HWL) staff and/or volunteers are appropriately and promptly addressed Ensure that staff and volunteers are aware of their roles and responsibilities in relation to safeguarding adults at risk Safeguarding adults refers to the shared city wide procedure that works to protect adults at risk from abuse or neglect. Definitions of an Adult at Risk An adult at risk is an adult who: is aged 18 years or more, and has needs for care and support (whether or not these are currently being met) is experiencing, or is at risk of, abuse or neglect, and as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it. Page 1 of 16

2 An adult at risk may therefore be a person who, for example: is an older person who is frail due to ill health, physical disability or cognitive impairment has a learning disability has a physical disability and/or a sensory impairment has mental health needs including dementia or a personality disorder has a long-term illness/condition misuses substances or alcohol is an unpaid carer such as a family member/friend who provides personal assistance and care to adults and is subject to abuse lacks mental capacity to make particular decisions and is in need of care and support This list is not exhaustive. Definitions of abuse Abuse may consist of a single act or repeated acts. It may take a range of forms and be committed by any person. The circumstances of the individual should always be considered. The following are examples of issues that would be considered as a safeguarding concern. Physical abuse - including hitting, slapping, pushing, kicking, misuse of medication, unlawful or inappropriate restraint, or inappropriate physical sanctions Domestic abuse is an incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse by someone who is or has been an intimate partner or family member regardless of gender or sexuality (Home Office, 2013). Sexual abuse - including rape and sexual assault or sexual acts to which the adult at risk has not consented, or could not consent or was pressured into consenting Psychological abuse - including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, Page 2 of 16

3 controlling, intimidation, coercion, harassment, verbal abuse, isolation or unreasonable or unjustified withdrawal from services or supportive network Financial and material abuse - including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits Modern slavery - includes human trafficking, forced labour and domestic servitude. Traffickers and slave masters use the means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhuman treatment. Neglect and acts of omission - including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating. Discriminatory abuse - including abuse based on a person s race, sex, disability, faith, sexual orientation, or age; other forms of harassment, slurs or similar treatment or hate crime/hate incident Organisational abuse includes neglect and poor practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation. Self abuse - covers a wide range of behaviours, such as neglecting to care for one s personal hygiene, health or surroundings and includes behaviours such as hoarding. Safeguarding adults Multi-Agency Policy and Procedure for West Yorkshire and North Yorkshire All adults at risk, regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity have the right to equal protection from all types of harm and abuse. Page 3 of 16

4 It is recognised that abuse may take a range of forms, can take place in any setting and can be committed by anyone. Safeguarding is everyone s business. All staff and volunteers must take issues of abuse seriously. Doing nothing is not an option. HWL will not tolerate abuse in any of its forms, and will work within the Leeds Safeguarding Adults Multi-Agency Policy and Procedures to: prevent abuse end abuse that is occurring support adults at risk of experiencing abuse The Safeguarding Concerns Manager (named person) The Safeguarding Concerns Manager for Safeguarding Adult concerns at Healthwatch Leeds is Tanya Matilainen, chief executive. In the event that Tanya Matilainen is unavailable, the Deputy Safeguarding Concerns Manager is Stuart Morrison, team leader. Raising a Safeguarding Concern Staff and Volunteers Staff and volunteers who recognise a safeguarding concern should: 1. Take action to keep the person safe if possible. Consider: Is an urgent police presence required to keep someone safe? If so, call 999 Does the person need urgent medical assistance / do they need an ambulance? If so, call If a crime has occurred, be aware of the need to preserve evidence 3. If emergency action as calling 999 is not required, always inform the lead or nearest staff member or lead volunteer. You cannot keep the safeguarding information secret, even if the person asks you to. The staff and lead volunteers will have the contact information for both advise and reporting. Page 4 of 16

5 4. Clearly record what you have witnessed or been told, record your responses and any actions taken. Volunteers will be supported by staff and\or lead volunteer to record the concern or raise the alert. Role of the staff or lead volunteer: 1. Consider if there are any actions you can take to keep the person at risk safe Does anyone need urgent medical attention? Do you need to call an ambulance? Is an urgent police presence required to keep someone safe? 2. If a crime has occurred, consider the need to report the incident to the police and be aware of the need to preserve evidence 3. Consider if a safeguarding concern should be raised with the local authority: Do you feel abuse or neglect has taken place, or there is a risk of abuse or neglect? 4. Consider, wherever practicable, the person s wishes about raising a safeguarding concern with the local authority: It is important wherever possible to involve the person at risk about decisions affecting them. If possible or practical, talk to them about their need for support and get their consent to raise a safeguarding concern. Usually the concern will be raised with adult social care. In some circumstances it may be necessary to raise a safeguarding concern, for example if you believe a serious crime is taking place even if the person does not wish for this to happen. Any such decision should be proportional to the risk for example: It is in the public interest e.g. there is also a risk to others, a member of staff or volunteer is involved, or the abuse has occurred on property owned or managed by an organisation with a responsibility to provide care. The person lacks mental capacity to consent and it is in the Page 5 of 16

6 person s best interests. The person is subject to coercion or undue influence, to extent that they are unable to give consent. If the person appears to be at risk of serious harm or distress you may need to make a safeguarding alert even if the person has not consented to this. If the person does not want an alert raised consider what support and\or advice you could provide. 5. Clearly record what you have witnessed or been told and any decisions you have made. If you are unsure what to do, seek advice. You can: Contact your organisations safeguarding adults Safeguarding Concerns Manager or deputy Safeguarding Concerns Manager for advice Seek advice from the Safeguarding Adults Board Advice Line, Tel: Refer to the Safeguarding Adult Multi-Agency Policy and Procedures for West Yorkshire and North Yorkshire at for further information and guidance Raising an Adult Safeguarding Concern The Safeguarding Concerns Manager s role 1. Call Adult Social Care: Contact Centre on am 6pm Monday to Friday, excluding Bank Holidays; and tell them you wish to make a safeguarding adult alert. If the matter is urgent and outside of the times above, contact the Emergency Duty Team on and tell them you wish to raise a Safeguarding Adults concern. 2. The person you speak to will ask you for details about the allegation/concern. Protection of Vulnerable Adults under the care or other organisations The registered manager of a care home or the senior nurse at a hospital setting should be informed of a concern as soon as possible. If Page 6 of 16

7 the concern is about that person, their line manager should be informed. In the instance where the Safeguarding Concerns Manager has a concern about someone who is employed in a care setting such as a registered care home or social care provider, they should also inform the Care Quality Commission (CQC) on Managing allegations of abuse made against a member of staff/volunteer HWL will ensure that any allegations made against a volunteer or member of staff will be dealt with swiftly and in accordance with these procedures. An allegation maybe made by a volunteer, member of the public or other concerned person. The staff must ensure that that the vulnerable adult is safe and away from the person against whom the allegation is made. The Safeguarding Concerns Manager should be informed immediately. In cases where the allegation is made against the Safeguarding Concerns Manager, the person with a concern should approach the deputy Safeguarding Concerns Manager. The Safeguarding Concerns Manager should contact Leeds Safeguarding Adults Partnership Advice Line on how to proceed with the immediate situation. The individual who first received/witnessed the concern should make a full written record of what was seen, heard and/or told as soon as possible after observing the incident/receiving the report. It is important that the report is an accurate description. The Safeguarding Concerns Manager (if appropriate) can support the person during this process but must not complete the report for them. This report must be made available on request from either the police and/or social services. Regardless of whether a police and/or social services enquiries follow, Healthwatch Leeds will ensure that an internal investigation takes place and consideration is given to the operation of disciplinary procedures. If a staff member or volunteer suspects of abuse by a colleague, they should inform the Safeguarding Concerns Manager in confidence. Staff or volunteers should not keep such concerns to themselves. Page 7 of 16

8 Carrying out Internal Investigations Formal investigation into allegations of abuse will always be carried out where: The alleged perpetrator is a member of staff. Adult Social Care or Leeds Safeguarding Adults Partnership indicates an investigation is necessary. The outcome of the investigation should always be agreed with the person who has experienced the abuse. There should also be an agreement about how the person wishes to be informed about the findings and actions following the investigation. The investigation will aim to: Establish if abuse has taken place. Identify factors which may have contributed to the abuse taking place. Where possible achieve the most desirable outcome for all concerned. Collect evidence for any possible legal proceedings. Evaluate the need for changes in service delivery or management. Investigations will be carried out by the Safeguarding Concerns Manager (or deputy). The progress and outcomes of all investigations into suspected abuse of adults in our services will be reported to the Healthwatch Leeds Board and Adult Social Care. The role of any member of staff involved will be reviewed. There may be a restriction on duties or a suspension based on a risk assessment. For most investigations the suspension if required would be on full pay. Recruitment of staff and volunteers HWL will check that all possible steps are taken to check the suitability of prospective volunteers and staff who will have regular access to adults at risk. This will be done in the following way: There will be a clear job description for workers and role description for volunteers Application forms will be used to assess the candidate s suitability for the role. This will make it easier to compare the experience of Page 8 of 16

9 candidates and helps you to get all of the important information you need to ask. It will be made clear that HWL has a commitment to safeguarding and protecting adults. This will be included in the job application pack or volunteer handbook. All staff and volunteers that will have regular contact with adults at risk will complete an application form which asks for the names of two referees so that written references can be requested. Open references from applicants will not be acceptable. When requesting references, the organisation should specifically ask the referee about the applicants suitability to work with adults at risk. Nobody should start work before references are received. All staff and volunteers that will have regular contact with adults at risk will have an Enhanced DBS check carried prior to them starting work or provide evidence of a transferrable check within the last three years. They will have a face to face interview to establish previous experience of working in an environment where there is contact with adults at risk and perceptions of acceptable behaviour. They will be asked about whether they have any criminal convictions, cautions, other legal restrictions or pending cases that might affect their suitability to work with adults at risk. All relevant previous experience of staff and volunteers will be noted All staff will undergo a probationary period All candidates for employment will have their identity checked by asking them to bring photographic ID. HWL will check that all candidates for employment actually hold any relevant qualifications related to working with adults at risk that they say they have There may be occasions where HWL wishes to appoint staff or volunteers from abroad. This will mean that DBS check may not be able to be undertaken. Nevertheless a fit person check may be available from the country the person is moving from. HWL will ensure that additional references are taken up for any staff member or volunteer when fit person or DBS checks are not available. Training Page 9 of 16

10 All staff and volunteers will be made aware of the contents of this policy and given guidance around the procedures as part of their induction. All staff will attend Level 1 (Awareness) Safeguarding training. All volunteers that will be in regular contact with adults at risk for example, those undertaking the Enter and View role, will attend safeguarding training. Staff and volunteers will be made familiar with reporting procedures and the identity of the person responsible for alerting ( the Safeguarding Concerns Manager) The Safeguarding Concerns Manager will attend additional safeguarding training and updates to equip them to fulfil their role All safeguarding training will be recorded in staff or volunteer records. Staff, Board directors and volunteers active in Enter & View or other public engagement activities are expected to undertake a refresher session every 3 years. Volunteers not undertaking those roles do not require a DB check Support and Supervision HWL recognises the sometimes difficult and emotive nature of dealing with issues around safeguarding. Staff will receive support from the Safeguarding Concerns Manager or deputy Safeguarding Concerns Manager when dealing with a concern or alert. These will be recorded and the notes agreed by both parties. HWL undertakes to provide support for staff who have had an allegation made against them. It should be noted that staff may be suspended or stopped from undertaking certain areas of work while investigations take place. This is not a pre-judgment of the outcome but a necessary part of the procedures. Publication of images Any images (e.g. photographs or video) taken by HWL will only be published with the recorded agreement of the individual in the photograph and/or parent or guardian. Should anyone contact HWL to request that their image is removed from a publication or website this will be done as soon as it is practical to do so. Page 10 of 16

11 Appendix 1 Appendix 1 Declaration to be signed Appendix 2 contact numbers Appendix 3 Concern or alert recording form Declaration I have read and will follow the safeguarding adult s policy while working or volunteering with Healthwatch Leeds. Signature: Print Name: Date: Page 11 of 16

12 Appendix 2 Safeguarding Adults - Contact Numbers Safeguarding Concerns Manager Tanya Matilainen (chief executive ) Deputy Safeguarding Concerns Manager Stuart Morrison (Team Leader) Safeguarding Adult Alerts Adult Social Care: Contact Centre (Monday Friday, 8am 6pm) Emergency Out of Hours Team (Bank Holidays and all other times) Leeds Safeguarding Adults Partnership Advice Line Monday Thursday 9am 5pm; Friday, 9am pm (Excluding Bank Holidays) (office hours) Out of hours: Mobile: (office hours) Out of hours: (Text phone for deaf and hard of hearing people ) West Yorkshire Police If the person is in imminent danger If a crime has been committed but the person is not in imminent danger. You can also ring the police for advice on the non-emergency number Page 12 of 16

13 Appendix 3 Safeguarding Incident Report Form CONFIDENTIAL Your Name: Your Position: Person s Name: Person s Address (also include any recent changes of address): Guardian or carer name/s and address (if different from above) Date of birth or age: Details of support or care individual is receiving: Page 13 of 16

14 Name of Family s GP or any relevant medical details: Date and time of any incident: Your observations: Exactly person said and what you said: (Remember do not lead the person record actual details. Continue on separate sheet/s if necessary.) Page 14 of 16

15 Action taken so far: Has anyone (person or carer\guardian) been informed that contact is going to be made with the safeguarding team? Yes No NB: Individual or their carer\guardian should always be informed unless to do so could place the individual or reporter at risk of further harm. Police/ Social Care contacted If yes which Yes/No Name and contact number: Details of advice received: Page 15 of 16

16 Other agencies contacted Signature: Print Name: Date: Please remember to maintain confidentiality on a need to know basis do not discuss this incident with anyone other than the Named Person or those who need to know. A copy of this report should be given to the Named Person. Page 16 of 16