Presentation on theme: "Safeguarding and dignity: the role of housing staff"— Presentation transcript:
1 Safeguarding and dignity: the role of housing staff Elaine Cass
2 Changing practiceStill working to No Secrets and current local proceduresThe Government statement on safeguarding 2013 and the 6 principles bridge the gapThe forthcoming Care ActMoving away from process to personalising safeguarding – see Making Safeguarding Personal (LGA, ADASS, SCIE)Safeguarding practice that is not person centred can make things worse!
3 Six safeguarding principles EmpowermentProtectionPreventionProportionate responsesPartnershipAccountability
4 Empowerment Raise awareness and educate people to protect themselves Empower people with information, advice and advocacyAvoid risk averse practice – losing independence, choice and control can have worse outcomesReduce social isolationPractice relationship-based, person-centred workingRecognise the central role of carersEnsure appropriate access to advocacy, or an Independent Mental Capacity Advocate (IMCA)Minimising risk with the options least restrictive of the person’s rights and freedomsConsider the use of mediation and family group conferences
5 Proportionate responses Person centred - what does the person want?Mental capacity issuesCoercion or duressIs anyone else at risk?Who needs to be involved (police?)Support for victimsSupport for perpetratorsMediation /family group conferencesIntegrating personalisation and safeguarding
6 What is the purpose of the Safeguarding Adults process? Choice and control balanced with minimising riskPreventing and protecting people with care and support needs from abuseSupporting people who have been abused and minimising future riskSupporting people with care and support needs who pose a risk to othersImproving service qualityLearning from experiencedeciding whether a mental capacity assessment is needed to clarify issues of consenttaking appropriate action for the person causing harmtaking appropriate action with a service and/or its management if they have been culpable, ineffective or negligentidentifying any lessons to be learnt for the future, including recommendations for any changes to the organisation and service delivery.
7 New SCIE work: Safeguarding in housing Summary of key messagesHousing staff are well placed to identify people at risk of abuseJoint working between housing and adult social care is essentialSCRs highlight the need for housing to play a more effective roleFalse perceptions about needing consent for safeguarding referralsNegative attitudes towards housing staff from social careNo national agreement on the threshold for housing referralsComplex networks; housing providers may have to work with numerous local authorities in their area and vice versaSome housing providers have IT systems inadequate for ‘customer profiling’
8 Housing: key areas for improvement Better joint working, information sharing and communicationBetter links with public protection forums (safeguarding boards, MARACs, MAPPAs, Health and Wellbeing Boards and Community Safety partnerships).Common understandings – shared language, training and policy developmentClarity and understanding of the law relating to information sharing, confidentiality, data protection and human rights.Joint work to resolve issues where the individual may not be eligible for social care support, people who refuse support and those who self-neglect.
9 Housing: key areas for improvement cont… Training and awareness raisingTraining all front line housing staff and contractorsBetter understanding of the Mental Capacity ActCommon understandings of language and definitions regarding vulnerability and safeguardingRecognition of the role of housing staff in safeguardingInclusion of housing staff in strategy meetings and investigations / enquiriesKeeping referrers informedPreventing abuseEmpowering people with care and support needs, through education about abuse, to better enable them to protect themselvesSupport for perpetrators of anti-social behaviour to reduce behavioursSupport for carers
10 Sharing informationAll staff should understand their responsibilities in relation to:sharing important information to keep people safethe duty of confidentialitythe Data Protection Act 1998the Human Rights Act 1998the Mental Capacity Act 2005
11 Sharing information: The Data Protection Act Any personal information should be shared on the basis that it is:necessary for the purpose for which it is being sharedshared only with those who have a need for itaccurate and up to dateshared securely and in a timely fashionnot kept for longer than necessary for the original purpose
12 Sharing information: confidentiality Don’t give assurances about absolute confidentialityTry to gain consent to share information as necessaryConsider the person’s mental capacity to consentMake sure that others are not put at risk by information being kept confidential – is there a wider public interest, could your action prevent a crime?Don’t put management or organisational interests before safetyShare information on a ‘need to know’ basisRecord decision making about information that is shared
13 Human RightsIndividuals have a right to respect for their private life under Article 8 of the European Convention on Human Rights.This is not an absolute right and, as long as it is necessary and in accordance with the law, it can be interfered with.This means that the any interference must be justified and for a particular purpose “for example, protection of a person’s health, prevention of crime, protection of the rights and freedoms of others.”(Mandelstam, 2011)
14 Understanding the Mental Capacity Act In most cases staff should be able to assess whether a person has the mental capacity to make a specific decision (in safeguarding practice this may be about their safety or about a risk).The two-stage functional test of capacityStage 1. Is there an impairment of or disturbance in the functioning of a person’s mind or brain? If so,Stage 2. Is the impairment or disturbance sufficient that the person lacks the capacity to make a particular decision?
15 The five principles of the MCA which frame all decision-making A person must be assumed to have capacity unless it is established that they don’tA person must not be treated as unable to make a decision unless all practicable steps to help them do so have been taken without successPeople have the right to make decisions that others might regard as unwise or eccentric, this does not mean that they lack capacityIf you do something to, or on behalf of, someone who lacks capacity to consent to it, you must act in the person’s best interestsAny decision or act must not restrict the person’s rights freedoms more than is absolutely necessary.
16 Making decisions with capacity The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things:understand information given to themretain that information long enough to be able to make the decisionweigh up the information available to make the decisioncommunicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand.
17 Respecting people’s wishes If a person refuses intervention and has the mental capacity to do so, their wishes should be respected unless:other people are at riskthe alleged perpetrator has care and support needs and may also be at riska serious crime has been committedstaff are implicatedcoercion is involved
18 Case studies in the context of the 6 principles EmpowermentProtectionPreventionProportionate responsesPartnershipAccountability
19 xxxxxxxxx @SCIE_socialcare Elaine.Cass@scie.org.uk www.scie.org.uk Social Care Institute for Excellencexxxxxxxxx