1. SAFEGUARDING –
MENTAL CAPAPCITY ACT

2. SAFEGUARDING Child protection Adults with safeguarding needs *
Safer recruitment are important aspects of safeguarding
It is not just Health and Safety.
*Adults can be deemed at risk if they are being assisted in a regulated activity e.g. healthcare, personal care, social work, finance & business affairs and travel.

3. To help safeguard our students the College will:
• Take a preventative approach to protect them from potential harm
or damage.
• Take all appropriate actions to address concerns about their
welfare.
• Work to agreed local policies and procedures in full partnership
with other local agencies
• Plan, implement, monitor and review policies and procedures to
ensure that the maximum is done to provide a safe environment for
vulnerable students in the College.
• Take all reasonable measures to ensure that risks of harm to them
is minimised.

4. Our procedures include:
• Carrying out risk assessments and managing any risks effectively.
• Adhering to our Health and Safety procedures.
• Staff selection, recruitment, induction supervision and training
being carried out safely and thoroughly.
• Reacting quickly and decisively to any reported incidents of harm
or abuse.
• Awareness training for all staff.

5. Your Duty: If abuse is suspected or discovered
• Ensure the student at risk is in no immediate danger. Arrange
medical assistance if needed
• Explain to the student you must tell someone
• Do not go into detail
• Preserve evidence
• Inform - report to your line manager and Designated Safeguarding
Officers (Fiona Playford and Jan Tothill)
• Record - make an accurate record as soon as possible

6. MENTAL CAPACITY ACT 2005 Section 1 – principles that apply
A person is assumed to have capacity unless it is established that he lacks capacity
A person is not to be treated as unable to make a decision unless all practical steps to help him to do so have been taken without success
A person is not to be treated as unable to make a decision merely because they make an unwise decision
Section 2 – People who lack capacity
For the purpose of this act a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain

7. Section 3 – Inability to make decisions
For the purposes of section 2, a person is unable to make a decision for himself if he is unable
To understand the information relevant to the decision
To retain that information
To use or weigh that information as part of the process of making the decision
To communicate his decision (whether by talking, using sign language or any other means)

8. Best Interest
An act done or decision made for or on behalf of a person who lacks capacity must be done, or made in their best interest
Regard must be made … can be effectively achieved in a way that is less restrictive of the of the person’s rights and freedom of action
List of factors to be taken into account including the person’s wishes or beliefs
Emphasised that Act does not give answers but makes us ask the right questions

9. SAFEGUARDING UP-DATE
Adult Safeguarding means protecting a person’s right to live safely, free from abuse and neglect
Care Act 2014 came into force on 1st April 2015 – new legal framework which brings together the LSA’s and key organisations and individuals with publically accountable duties and responsibilities to protect and keep adults at risk safe
Safeguarding Adults Board,
LA’s must make enquires or make sure others do so
Safeguarding Adult Reviews
Independent Advocacy
Supply Information

10. Six Principles of safeguarding
Empowerment – personalisation and presumption of person led decisions and informed consent
Prevention – 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
Accountability – and transparency in delivering safeguarding

11. Making Safeguarding Personal
Key to person centred outcomes – what are their views, understanding, concerns and desires?
Most interventions require the consent and participation of the person – even when a person’s wishes may be overridden (for instance by the Mental capacity Act) they must still legally be taken into account –
assumption of capacity
Must take all practical steps to assist decision making
Can make unwise decisions without being assumed to lack capacity
Must act in the person’s best interest
Right to an Independent Advocate
If an adult with mental capacity refuses their consent this has to be respected

12. Financial Abuse What are the banks doing?
They need medical clarification of lacking capacity before they can do anything
What can they do in the meantime – (i) stop account but this will breach the customer’s mandate, or (ii) risk the funds being removed from an account