CARE ACT SEMINAR SAFEGUARDING Correct as at March 2015.

CARE ACT SEMINAR

SAFEGUARDING

Correct as at March 2015

Section 42 – 47 of the Care Act

Places Safeguarding Adults on a Statutory footing

Safeguarding Adults

Enquiry by local authority

The LA must make enquiries……

……….or cause them to be made

BUT – no power to gain access……

Section 42

Safeguarding Adults Boards

• Establish a board• Publish a plan/strategy• Publish an annual report

Section 43

Safeguarding Adults Reviews

Undertake a review where there has been a death/serious incident and partners could have acted better

Section 44

Supply of Information

Duty to provide information to the Board to assist it to undertake it’s functions

Section 45

Abolition of local authority’s power to remove persons in need of care

Repeal of Section 47 of the National Assistance Act 1948

Section 46

Protecting property of adults being cared for away from home

Section 47

Safeguarding duties apply to an adult who:• has needs for care and support (whether or not the

local authority is meeting any of those needs) and;• is experiencing, or at risk of, abuse or neglect; and• as a result of those care and support needs is unable

to protect themselves from either the risk of, or the experience of abuse or neglect.

S.14.2 Care and Support Statutory Guidance – Oct 2014

Adult (at Risk)

• Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect.

• It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action.

S.14.7 Care and Support Statutory Guidance – Oct 2014

Adult Safeguarding is….

Safeguarding is not a substitute for:• providers’ responsibilities to provide safe and high

quality care and support;• commissioners regularly assuring themselves of

the safety and effectiveness of commissioned services;

• the Care Quality Commission (CQC) ensuring that regulated providers comply with the fundamental standards of care or by taking enforcement action; and

• the core duties of the police to prevent and detect crime and protect life and property.

S.14.9 Care and Support Statutory Guidance – Oct 2014

Adult Safeguarding is not….

‘Local Authorities should not be constrained in their view of what constitutes abuse or neglect……..’

S.14.16 Care and Support Statutory Guidance

Abuse and Neglect

• Physical• Sexual• Psychological• Financial/Material• Neglect/Acts of

omission• Organisational• Discriminatory

Types of Abuse• Domestic

Violence• Modern Slavery• Self Neglect

• Empowerment• Prevention• Proportionality• Protection• Partnership• Accountability

Six Key Principles

• Personalisation of Safeguarding• Use of Advocates• Self determined outcomes• Aggregation of performance

information to the SAB

Making SafeguardingPersonal

Following the intervention, did the person feel:

• Listened to?• Informed?• Supported?• Satisfied with the Outcome?• Satisfied with the way people dealt with the

concern?• Safer?

Safeguarding Outcomes

• Each member of the SAB should have a DASM (who should keep in regular contact with their counterparts in partner organisations)

• The DASM is responsible for the management and oversight of cases where allegations about an employed person (or volunteer) may pose a risk.

• Liaison between the local authority DASM and the LADO (Local Authority Designated Officer)

Ref: S.14.175 - 186 Care and Support Statutory Guidance

Designated Adult Safeguarding Manager

Presented by:Sue Bunn

Head of Safeguarding (FOCUS)

For further comments / queries:NELCCG.workforce-FAQ@nhs.net