1. Praxis Care Conference 2017
Ensuring the Safety of Vulnerable Adults Safeguarding: The Legal Context Patricia T Rickard-Clarke November 2017 Chair: National Safeguarding Committee

2. Overview National Intersectoral Safeguarding Committee
The need for a legislative framework
Adult Safeguarding Bill 2017
Issues for debate
Conclusion

3. National Safeguarding Committee (NSC)
Established in December 2015
Independent Intersectoral committee – safeguarding vulnerable adults is not nor should it be the responsibility of one agency – societal obligation to combat abuse
*25 + organisations
Key players in public services, legal and financial services, health and social care professionals, regulatory authorities and NGO’s representing older people, people with disabilities and carers

4. NSC – Terms of Reference
Promote zero tolerance for abuse of adults who are vulnerable.
Provide strategic guidance to the Government, HSE and other National Stakeholders, in relation to the promotion of the rights and independence of all vulnerable adults.
Promote the rights of adults who may be vulnerable through public awareness and through the activities of the National Safeguarding Committee.
Develop a national plan for the promotion of the welfare and safeguarding from abuse of adults (to include protection from abuse by persons and institutions).
Provide oversight, guidance and influence on legislation, policies and procedures, when required, in order to ensure that the promotion of safeguarding principles are enshrined in policies and procedures and that complaints and concerns are addressed appropriately.

5. NSC – Terms of Reference
Ensure that information gathering and analysis systems operate to inform effective management and learning in all organisations.
Explore and propose options for the commissioning of research, public awareness campaigns and training aimed at promoting the rights of adults who may be vulnerable.
Report, on an agreed basis, to the HSE National Director Social Care in liaison with the Director of Decision Support Service (when established).
Contribute to the review of the Safeguarding Vulnerable Persons at Risk of Abuse – National Policy and Procedures.
Develop a five year plan of activities by the National Safeguarding Committee to promote the welfare, empowerment and independence of adults who may be vulnerable.

6. NSC – Strategy 2017 - 2021 Objectives
To raise public understanding of attitudes, behaviours, circumstances and systems that create vulnerability that may result in abuse and that may require a safeguarding response
To promote the protection and rights of people who may be vulnerable by encouraging organisations and services to recognise, prevent and deal with exploitation and abuse effectively
To inform and influence Government policy and legislation to safeguard the rights of people who may be vulnerable
The Committee dedicates itself to optimise its collective capacity and available external resources to achieve its aims and objectives

7. Working Groups Working Groups to date Research
Strategy and Resources
Public Awareness
State Payments
Research
Wards of Court project
Application for collaborative research

8. NSC – Raising Public Awareness + Understanding
Safeguarding of Vulnerable Adults: Public Attitudes Survey
Results informed public awareness campaign
50% of all adults say they have experienced the abuse of vulnerable adults either through being abused themselves or seeing somebody close to them abused
2 in 5 people think vulnerable adults are badly treated
1 in 3 believes vulnerable adult abuse to be widespread
Lack of clarity over where to report vulnerable adult maltreatment
Developed 2 stage campaign
June – general themes
October – focus on Financial Abuse
Membership of NSC – Intersectoral approach/consistent message

9. NSC – State Payments State payments in 2017
Pension payments €7.2 billion to 667,000
Illness/Disability/Carers payments €3.55 billion ++
DSP expenditure circa 30% of gross government expenditure
Pensions received Oct 2017 HSE
Persons who lack capacity = 75/80%

10. HSE Figures 2016 Concerns reported = 7,884 Alleged Abuse Categories
Gender/Age differentiation – abuse categories
Alleged Abuse Categories
Physical
Psychological
Sexual
Financial
Neglect
Discriminatory
Institutional
Self Neglect

11. Current legislation
Health Act 2007 (Protection Disclosure of Information S.103)
Protection of disclosure of information by an employee of a ‘relevant’ body
Criminal Justice (Withholding of Information on offences against Children and Vulnerable Persons) Act 2012
Offence of withholding information on certain offences against vulnerable adults
Common law offence of false imprisonment, rape, sexual assault
Protected Disclosure Act 2014
Protection of persons from action in respect of making certain disclosure in the public interest
Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (SI 415 of 2013)
Registered provider must take all reasonable measures to protect residents from abuse
Person in charge must investigate any incident or allegation of abuse
Person in charge subject of allegation, registered provider must investigate the matter or nominate a person is a suitable person to investigate the matter

12. Legislative framework for safeguarding?
For person over age of 18 years of age who may be in a vulnerable situation
there is no clear obligation on either the State, state agencies or organisations to prevent harm and to protect adults who may be vulnerable
HSE’s Vulnerable Persons at Risk of Abuse Policy is limited in its scope and has no statutory force to ensure the safety and rights of vulnerable persons
Largest prevalence of abuse is in the community – legislation should ensure enhanced awareness of harm and abuse and the responsibility on people and society to report suspected cases of abuse
Legal duty to ensure organisational procedures are in place when concerns are identified
There should be a legal responsibility to refer concerns to social care services / relevant authority

13. Adult Safeguarding Bill 2017
Introduced in Seanad in April 2017
All party support and passed second Stage
Hearings before Joint Health Committee 4 and 11 October
Report of Joint Health Committee to Minister???

14. Guiding Principles
Legislation to be informed by the Guiding Principles
The promotion of individual physical, mental and emotional well-being
The right to assistance, support and an independent advocate
The right to protection from abuse and neglect
Interventions in people’s lives must be necessary and proportionate
Respect for individual autonomy in decisions and interventions affecting them

15. Key Provisions Definitions
Abuse/Harm
Adult at Risk
Respecting autonomy and safeguarding where necessary
Establishment of Adult Safeguarding Authority
Determining if adult needs support and assistance
Investigation by Authority
Right of entry and inspection to any premises
Access to Independent Advocate
Mandatory Reporting or not??

16. Issues identified Scope of the legislation
Department/s to lead/sponsor legislation
Relationship between new agency with existing service providers and regulators HIQA and MHC
Powers of National Safeguarding Authority
Mandatory Reporting?

17. Prevention a key component
There must be a statutory requirement
to identify need
To identify risk
To identify the route to services to meet needs
To identify the mechanisms for intervening and not simply wait until an urgent safeguarding issue arises

18. Data Protection Legislation
S.2B Processing of personal data shall not be processed by the data controller unless:
Consent is explicitly given
If by reason of physical/mental incapacity or age, is unable to appreciate the nature of such consent, it is given by [category of family members] of the data subject and the giving of such consent is not prohibited by law.
The processing is necessary to prevent injury or other damage to the health of the data subject or serious loss of or damage to property of the data subject or otherwise to protect his or her vital interests of the data subject
The processing is necessary
….For the performance of a function conferred on a person by or under an enactment….

19. Data Protection Legislation
S.8 Any restrictions on the processing of personal data do not apply if the processing is required urgently to prevent injury or other damage to the health of a person or serious loss of or damage to property
Required by or under any enactment or by a rule of law or court order
Furnishing of personal data to and by HSE in certain circumstances
HSE may request DSP or Revenue Commissioners to furnish personal data for the purpose of assessing or reviewing the eligibility of persons for services…
DSP may request HSE to furnish data …for the purpose of calculating the means of persons to assess or review entitlement of persons to receipt of benefits and services….
Revenue Commissioners may request HSE…..for the purpose of assessing or collecting any tax, duty or other charge payable to the Revenue Commissioners

20. Interaction with other legislative codes
Assisted Decision-Making (Capacity) Act 2015
Mental Health Act 2001

21. Conclusion - Safeguarding
Legislative framework for Safeguarding – essential
Key component of legislation is right to have an independent advocate
Robust governance and overarching designated body
Statutory interaction with other agencies
Reform of the Data Protection legislation
Use provisions in Assisted Decision-Making(Capacity) Act where appropriate
Apart form legislation – Education and Training at all levels of society
Respect for dignity and rights

22. Patricia T Rickard-Clarke
Thank You
Q and A
Patricia T Rickard-Clarke