The Care Act & Adult Safeguarding – Implications for Age UK & Partners Richard Powley Head of Safeguarding Age UK

Charity Commission ‘Strategy for dealing with safeguarding vulnerable groups including children issues in charities’ (2012)

Charity Commission Expectations Trustees have primary responsibility for safeguarding in their charity They have a duty of care to safeguard beneficiaries. They must always act in their best interests They must take all reasonable steps to prevent harm They have duties to manage risk and protect the reputation and assets of the charity

Charity Commission 1.Awareness and Prevention Preventing problems from arising in the first place! Prevention - primarily trustees’ responsibility. They must understand their safeguarding responsibilities.

Charity Commission 2. Oversight and Supervision Serious Incident Reporting (more later) Trustee checks – other charities? Relevant checks carried out? Assessing required improvements Analysis of trends and responses to trends

Charity Commission 3. Co-operation Co-operation & liaison to stop those who seek to exploit charities to abuse children and vulnerable adults (with due regard to sensitive data) Regulators (CQC, DBS) Law enforcement Local authorities.

Charity Commission 4. Intervention The Commission will intervene: In serious cases Where there has been non compliance or abuse Based on assessment against the Risk Framework They will not intervene if it is more effective for other agencies to intervene

Charity Commission In safeguarding issues in: 11% of pre investigation assessment cases 7% of investigations 49% of serious incident reports 11% of whistle blowing cases

Straightforward? We’ve come a long way – great that the importance of adult safeguarding is recognised, but; Age UK and Partners may be operating in accordance with: Charity Commission expectations Their own safeguarding policy & procedures Local Safeguarding Adult Board policy & procedure CQC regulation Contractual/commissioning clauses CCG policy Any others..?

The good news They all say pretty much the same thing

The bad news They may not have the answers that we need…

Our big adult safeguarding issues? Variable response from local authorities Variable local arrangements Confidentiality Onward disclosure without consent – mental capacity/vital or public interest risks Local training offer/arrangements Advocacy Board Chairing/Inclusion

What might the Care Act mean for us?

Further information Making Safeguarding Personal /journal_content/56/10180/ /PUBLICATION Social Care Institute for Excellence resources: Care Act factsheets (factsheet 7 – safeguarding)