THE CARE ACT 2014 & SAFEGUARDING ADULTS Jess El-Kaddah February 2018

Session Outline Background- Milestones Statutory duties under Care Act 2014 Duties to make enquiries Making Safeguarding Personal Types of abuse Safeguarding Process Emphasis on Outcomes Discussion Questions

No Secrets (2000) Department Health Consultation Review on ‘No Secrets’ (2008)- 4 Key Messages: Lack of ‘victims’ voice Lack of empowerment Adult’s want to feel like adults Lack of advocacy

Making Safeguarding Personal Introduced in 2010 Developed in response to a perceived disconnect between adult SG and personalisation The SG process was seen as focused overwhelmingly on protection rather than empowerment

Care Act 2014 & MSP Places a duty on employers in regulated care settings to report abuse to the Local Authority and CQC. Care Act 2014 embodies MSP approach: person led & outcome focused work, aiming towards resolution or recovery. Care Act reiterates the 6 key principles which underpin all adult safeguarding work which links very well with MSP principles: Empowerment Prevention Proportionality Protection Partnership Accountability

New Statutory Duties Care Act 2014 sets out Local Authority responsibilities for adult safeguarding in primary legislation. Local authority have a responsibility to ensure enquiries are made where safeguarding thresholds are met. Safeguarding Adult Boards have become statutory. Requirements to conduct Safeguarding adult Reviews Care Providers duty of candour

Duties to Make Enquiries The Local Authority must make enquiries or ensure others do so, if it the S42 eligibility criteria set out in the Guidance (chapter 14) is met: Is an adult (over 18 years old) has needs for care and support (whether or not the authority is meeting any of those needs), 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.

Duties to Make Enquiries An enquiry should establish whether any action needs to be taken to prevent or stop abuse or neglect and by whom A decision then needs to be made about whether care/risk management action should be taken or a formal S42 Enquiry As providers you will be required to work in partnership with the local authority at every stage of the process. Sharing of all relevant information is key to ensure a robust enquiry is undertaken

Types of Abuse Physical Sexual Psychological Neglect Discrimination Organisational Financial Self-Neglect

Other Types of Abuse The CareAct acknowledges the wider aspects of adult safeguarding and makes links with: Domestic Abuse Modern Day Slavery (Human Trafficking) Forced Marriage Honour Based Violence Female Genital Mutilation (Section 42 threshold must be met for these to become adult safeguarding issues)

Safeguarding Process Concern Initial Enquiry (Screening) Planning (Mtg/discussion) Enquiry Outcomes Meeting Review ** Timescales are indicative targets. Safeguarding is more outcome focused Making Safeguarding personal 1 day 5 days 20 days 3-6 months

Emphasis on Outcomes Making Safeguarding Personal. No decision about me without me. Adult, families, and carers working together with agencies to help support people and make informed choices. A persons capacity to make decisions is determined by the Mental Capacity Act. In cases involving Service Provider staff, consent is overridden because of the potential risk to other service users.

DISCUSSION What are the key actions you would take in response to a safeguarding adults concern? What are the main challenges you find in relation to safeguarding adults work?

Questions

All Safeguarding concerns should be sent to the Access team: Contact details All Safeguarding concerns should be sent to the Access team: accessteam@wandsworth.gov.uk For advice on safeguarding matters please contact the safeguarding adults team on: safeguardingadults@wandsworth.gov.uk