Differences in safeguarding children and vulnerable adults Rachael Clawson Development Manager Ann Craft Trust

Why have different policies? Issues for children and adults are not the same Definitions/terms used differ Procedures for reporting abuse and handling cases are not the same Different legislation and policy Having one policy can complicate matters

Definitions – Age and Myths Child: anyone who has not yet reached their 18th birthday Vulnerable adult: 18 and above (from 18th birthday) Myths Disabled children are covered by Children Act 1989 until age 19 Children aged 16 and over who have left home, are in the armed forced or in custody are not protected under the Children Act. 3

Definition – child in need Child in need - Children Act 1989 s.17 - child who is disabled and/or unlikely to reach or maintain satisfactory level of health/development or health/development will be significantly impaired without provision of services Child protection is part of safeguarding and promoting welfare. Duty to investigate – Children Act 1989 s.47 Significant Harm – threshold which justifies compulsory intervention in family life in the best interests of the child

Definition - ‘Vulnerable Adult’ “Vulnerable adult” is a term used to describe a person who is – an adult [aged 18 years and over] AND who is or may be in need of community care services because of frailty, learning or physical disability or mental health difficulty who is or may be unable to take care of him or herself or take steps to protect him or herself from significant harm or exploitation”. [No Secrets 2000] 5

What is abuse and neglect? (child) “Abuse and neglect are forms of maltreatment of a child. Someone may abuse or neglect a child by inflicting harm, or failing to act to prevent harm. Children may be abused in a family or institutional or community setting, by those known to them or...a stranger...They may be abused by an adult/adults or child/children” (WT 2010 p37-8)

Categories of abuse - child Physical Sexual Emotional Neglect

What is abuse and neglect? (VA) ‘Abuse is a violation of an individual’s human and civil rights by any other person or persons. It may consist of a single act or repeated acts. It may be an act of neglect, or omission, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent’ [No Secrets 2000] 8

Categories of abuse – vulnerable adult Physical Sexual Psychological/Mental/Emotional Financial or Material Neglect and Acts of Omission Discriminatory Institutional 9

Agencies involved in safeguarding children Local authority – eg social care, housing, education Police Authority Health – PCT, Hospital Trust Probation Service Youth Offending Service Cafcass Connexions

Agencies involved in safeguarding vulnerable adults Police Local Authority Adult Services Multi-Agency Public Protection Agency Housing Agencies Health Probation

Key Policy and Legislation – children Safeguarding children is based in legislation and policy placing certain duties and responsibilities on agencies to investigate and/or work together. Children Act 1989 Protection of Children Act 1999 Adoption and Children Act 2002 Every Child Matters 2003 National Service Framework 2004 Children Act 2004 Local Safeguarding Children Board functions What to do if you are worried a child is being abused 2006 Children and Young People Act 2008 Laming reports Working Together to Safeguard Children 2010 12

Key Policy and Legislation – Vulnerable Adults National Assistance Act [section 47]1948/1951 Mental Health Act 1983/2007 Police and Criminal Evidence Act 1984 National Health Service and Community Care Act 1990 Family Law Act 1996 Human Rights Act 1998 Care Standards Act 2000 No Secrets 2000 Sexual Offences Act 2003 Domestic Violence Crime and Victims Act 2004 Safeguarding Adults [ADASS] 2005 Mental Capacity Act 2005/Deprivation of Liberty [April] 2009 Safeguarding Vulnerable Groups Act 2006 There is no one specific piece of legislation in place designed to protect vulnerable adults from harm (Eg nothing comparable to the Children Act 1989).

Key documents – vulnerable adults Multi-agency procedures incorporate the following: ‘No Secrets’: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse [2000] ‘Safeguarding Adults: A national framework of standards for good practice and outcomes in adult protection work’ [2005]

Consent issues - child Safeguarding everybody’s business. If concerns arise about a child these must be reported to the local Children’s Services team (Social Services) and/or police to investigate. You do not need consent from the child or parent/guardian although it is good practice to inform them of any decision to refer on unless this would put the child at greater risk of harm. 15

Consent issues – vulnerable adult with capacity to consent If concerns arise consent must be obtained from the individual concerned before a referral is made to Adult Services or the police. However, if others are at risk of harm the information should be passed to Adult Services or the police even if consent is not obtained. Information about an individual should not be given to family or carers without consent of the individual.

Consent issues – vulnerable adult without capacity to consent If concerns arise and the individual is unable to give consent to information being shared a referral should be made to Adult Services and/or the police. Family/carers should be informed if they are involved in the individual’s life and not implicated in any way.

Case study

For more information…. Rachael Clawson Development Manager Ann Craft Trust University Park Nottingham NG7 2RD T: 0115 9515400 E: rachael.clawson@nottingham.ac.uk