BUILDING THE CARE ACT. Adult Safeguarding. Claire Crawley Department of health Senior policy manager- adult safeguarding

No secrets guidance 2000 “No Secrets:  Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse” was government guidance on safeguarding, issued in 2000.

Decision to review No secrets In the summer of 2007, Ivan Lewis, then Minister for Care Services, announced that No secrets was to be reviewed. This announcement was made in the context of : Study of Abuse and Neglect of Older People: Prevalence Survey Report, M O’Keefe et al. (Department of Health and Comic Relief, 2007).

No Secrets Consultation 2008/09 Around 12000 people participated in the consultation and about 3000 of those were members of the public, as users of social care, health care, including some who had suffered abuse in some form. Vulnerable people (sic) wanted to be heard in safeguarding policy and practice and in situations where they were victims of harm.  “ We will reflect these views very carefully in developing our response.” Phil Hope 19/01/2010

No Secrets Review Key messages that emerged: Stronger national leadership needed Statutory guidance insufficient-legislation required Revise and update guidance Partners not all engaged / committed SABs should be mandatory

Next steps Established Inter-departmental Ministerial Group: i)  determine policy and work priorities  for the forthcoming year; ii) provide a strategic and co-ordination role;  and iii) provide public and parliamentary advocacy for this policy area. Continuation of stakeholder Advisory Group

WMS 19/01/2010 Commitment: to introduce new legislation to strengthen the local governance of safeguarding by putting Safeguarding Adults Boards on a statutory footing; targeted guidance and toolkits for specific professionals, including general practitioners, nurses, housing staff and police officers;

Coalition Government 2010-2015 Collaboration with the Law Commission 2011 and 2013 Government statements of adult safeguarding principles and policy

Six Principles of Adult Safeguarding Empowerment -Presumption of person led decisions and informed consent. Prevention -It is better to take action before harm occurs. Proportionality – Proportionate and least intrusive response appropriate to the risk presented. Protection -Support and representation for those in greatest need. Partnership -Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse. Accountability -Accountability and transparency in delivering safeguarding.

Law Commission Keeps the law under review to ensure it is: fair modern simple Effective Recommends reform where needed.

Law Commission Programme Published: Scoping Report:2008 Consultation: consultation paper was published on 24 February 2010, which set out 57 provisional proposals and 25 consultation questions on the reform of adult social care. The public consultation ran until 1 July 2010. During this period, the LC attended 72 events covering England and Wales. These events covered a wide audience, including service users, carers, social workers, NHS staff, academics, lawyers, charities and campaigning organisations. Recommendations:2011

Recommendation 40: Adults at risk should be those who appear to: (1) have health or social care needs, including carers (irrespective of whether or not those needs are being met by services); (2) be at risk of harm; and (3) be unable to safeguard themselves as a result of their health or social care needs. In addition, the statute should provide that the duty to investigate should apply only in cases where the local authority believes it is necessary. Harm should be defined as including but not limited to: (1) ill treatment (including sexual abuse, exploitation and forms of ill treatment which are not physical); (2) the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural); (3) self-harm and neglect; or (4) unlawful conduct which adversely affects property, rights or interests (for example, financial abuse). NEW COMPULSORY

Recommendation 41: The statute should not include any new compulsory or emergency powers, unless the Government or the Welsh Assembly Government decides that such powers are needed.

Government response Public consultation from July to October 2012.  Accompanied by a consultation on a Power of Entry. Response to latter published May 2013. PLS on draft care and support bill:  November 2012 – March 2013 Care Bill published  May 2013 Parliamentary process began in May 2013 Royal Assent 14 May 2014

Care Act 2014 Adult Safeguarding Local Authority Lead Enquiries Safeguarding Adult Boards Safeguarding Adult Reviews Supply of Information Independent Advocacy Support safeguarding enquiries and reviews

Post-Care Act Consultation on draft regulations and guidance   June to August 2014 Publication of Statutory Guidance, Regulations ( and consultation response)  October 2014 Revised Statutory Guidance February /March 2016

Contact Details Name: Claire Crawley Title: Senior Policy Manager Adult Safeguarding T: 020 7210 5372 Email: claire.crawley@dh.gsi.gov.uk