SAFEGUARDING ADULTS (PROTECTION OF VULNERABLE ADULTS)

Transcription

1 Document Title Safeguarding Adults (Protection of Vulnerable Adults) Approved Date Draft 5 final Nov 2014 Review Date Nov 2016 Document Type Non IGA SAFEGUARDING ADULTS (PROTECTION OF VULNERABLE ADULTS) ORBIT GROUP POLICY Scope: This policy sets out the roles and responsibilities of Orbit in working together with other professional and agencies in promoting adults welfare and safeguarding them from abuse and neglect. 1. Introduction The safety, protection and welfare of Vulnerable Adults is paramount. Orbit takes the prevention detection and reporting of abuse and neglect very seriously. 1.1 We recognise that People have the right to live free from abuse in all its forms, including discrimination on the grounds of age, gender, sexual orientation, religion or faith disability, race, ethnic group and culture, and language People have the right to decide how they live and the risks they take in their lives, provided they do not harm others and provided there is no evidence to suggest that they are the victim of a criminal offence or are putting themselves in danger because they do not have the mental capacity to make that decision. People who are at risk, with or without decision making mental capacity, have the right to be offered, and where necessary receive prompt and skilled intervention to safeguard them from abuse. 1.2 Our aim is to: To raise awareness of the potential for abuse of adults who may be at risk and to encourage people to look out for each other. To have strategies and procedures in place to prevent abuse wherever possible. Take action to prevent abuse where possible, and if preventative measures fail, to respond through effective procedures sensitively, promptly and effectively to any incident of abuse. Ensure that the welfare of adults is a high priority at all times Maximise people s choice, control and inclusion and to protect their human rights Work in partnership with others in order to safeguard vulnerable adults Ensure safe and effective working practices are in place. Support staff within the organisation in managing safeguarding reports and issues. 1.3 Our policy is underpinned by the following principles which reflect national guidance and provides a basis for both developing and assessing the effectiveness of our safeguarding arrangements. Empowerment adults should be in control of their own lives and their consent is needed for decision and actions designed to protect them Protection - Support and representation for those in greatest need. Prevention - It is better to take action before harm occurs.

2 Proportionality Proportionate and least intrusive response appropriate to the risk presented. Partnership - Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse. Accountability - Accountability and transparency in delivering safeguarding. 1.4 This policy applies to Orbit customers including: Residents living in Orbits homes Customers who are not residents in a property owned by Orbit but who receive a service from us 1.5 We also recognise that we will meet customers in a professional capacity e.g. as applicants for housing where no contractual relationship currently exists. In such cases when abuse or neglect is disclosed to us we will ensure that the appropriate authorities are aware. Where a member of staff has concerns about the safety of the individual, but isn t sure whether to refer to the local authority they should discuss this with their line manager with a view to reporting the concern to social services. Orbit staff can also provide advice and support by signposting customers to agencies that may be able to help them. 1.6 Responsibility for delivery this policy lies with All staff employed by Orbit Agents and contractors who work with our customers, in or on their homes Agency workers or individuals undertaking any other work with customers. 2. Definitions 2.1 The Care Act 2014 refers to an Adult at Risk 1 as someone who has care and support needs (whether or not the Authority is meeting any of those needs) who is experiencing, or is at risk of abuse or neglect and, as a result of those needs, is unable to protect his / herself against the abuse or neglect or risk of it 2.2 Abuse - Is the harming of another person usually by someone who is in a position of power, trust or authority over that person. Incidences of abuse can be a single act, or repeated acts, omissions, or neglect. It can include one or more of the following Physical Psychological/emotional Sexual Financial Neglect and acts of omission Discriminatory Institutional 2.3 Perpetrators of abuse abuse can be perpetrated by a wide range of people including relatives and family members, professional staff, paid care workers, volunteers, other service users, neighbours, friends and associates. 1 The term 'adult at risk' replaces 'vulnerable adult' in line with the more recent guidance and the Care Act This is because the term 'vulnerable adult' may wrongly imply that some of the fault for the abuse lies with the adult abused. 2

3 2.4 We also recognise that our customers may be accused or indeed be the perpetrators of abuse. Where we are made aware of this we will fully participate in partnerships and multi agency management plans. A history / allegation of abuse may not necessarily be a bar to housing and / or support services and in such cases we will work closely with partners, as relevant, to risk assess and manage the situation as best as possible in order to ensure safety and dignity for all. Where the assessed risk is too high, we may need to consider not offering a service or taking action against the tenancy in order to ensure the safety of other customs and the local community. 2.5 Safeguarding is the preventative measures that we take to stop someone being abused or subject to neglect it is everyone s responsibility to report any concerns to the appropriate authority 4. Policy Statement 4.1 Our Commitment To meet the aims of this policy and support vulnerable adults who are experiencing, or at risk from, abuse, we are committed to: Taking action to identify and prevent abuse from happening. If in doubt staff should always report a case. Ensuring that information is available for people that use services, family members setting out what to do if they have a concern Raising awareness of the extent of abuse of vulnerable adults and its impact on them throughout Orbit Promoting and supporting work designed to reduce abuse and the fear of abuse as experienced by vulnerable adults. Regularly reviewing cases and evaluating how our policies, procedures and practices for protecting vulnerable adults are working. Making sure our policies, procedures and practices stay up to date with good practice and the law in relation to safeguarding vulnerable adults. Ensuring our procedures are in line with the Multi-Agency Safeguarding Procedures. Providing training support, advice and resources to staff and our agents / contractors in responding to safeguarding adult issues. Ensuring that all employees who come into contact with vulnerable adults have a Disclosure and Barring Service (DBS) check (previously Criminal Record Bureau CRB check) in line with the requirements of the Independent Safeguarding Authority Vetting and Barring Scheme. 4.2 The commitment of all staff dealing with customers All staff will ensure that they understand and can apply the procedures that exist within the Local Authority areas in which they work, and are aware of the local referral routes. are familiar with our safeguarding procedures and our whistle blowing, complaints, information sharing, child protection, domestic abuse, disciplinary, equality and diversity polices where applicable take all disclosures of abuse seriously and act on any suspicion of abuse or neglect immediately. Recognising abuse or neglect is not easy and it is not anyone s responsibility working at Orbit paid or unpaid, agents or contractors to decide whether or not abuse or neglect has taken place. It is everyone s 3

4 responsibility however to act on any concerns by reporting these concerns to the appropriate authority in accordance with Orbit s procedures. follow and implement the safeguarding policies and procedures at all times In discussion with the line manager or senior manager report any incident or concern to Social Services and / or the police to enable them to undertake the appropriate investigation, staff should not investigate Those working in registered Care Services must also notify the Care Quality Commission in discussion with the line manager or senior manager. Detailed and accurate written records of referrals and concerns will be kept securely and confidentially for as long as deemed necessary and in line with Data Protection principles. participate in safeguarding adults training and maintain current working knowledge. Safeguarding adults training is part of annual core training. working collaboratively with other agencies to safeguard and protect the welfare of people who use services. recognise the impact that diversity (diverse beliefs, values, language etc.) can have on a customer s ability to access the service. 5. Recruitment In addition to Disclosure and Barring Service (DBS) check, managers responsible for staff working with children or vulnerable adults as part of their role will ensure that new staff receive an induction to the safeguarding policy and procedure, Code of Conduct during their induction period. 6. Concerns about a member of staff If the concern or allegation is about a member of Orbit staff or one of our agents or a contractor; then Orbit will fully support and protect anyone who in good faith reports a concern relating to a child or vulnerable adult (see Whistleblowing policy). In such cases the relevant Director and Human Resources Business Partner (HRBP) should be informed as well as the senior manager in the agency / contracting company as appropriate, and statutory authorities / Safeguarding Adults Team. We will ensure that the member of staff is treated fairly and honestly and supported throughout the process. 7. Confidentiality and information sharing 7.1 Why we share In managing Safeguarding cases we work with other statutory agencies to share relevant and required information as and when appropriate which helps tackle safeguarding issues effectively. We follow the national support framework on information sharing for community safety guidelines laid down by the Home Office 7.2 Type of information The type of information shared can vary on a case-by-case basis, but where possible and in the first instance, we will share anonymised information (where others are not able to identify which individual the information relates to). This is also known as depersonalised information. However, there will be the exception where anonymised information is not possible and personalised information (that which can directly identify an individual) needs to be shared in order to achieve the required outcomes. 4

5 7.3 A documented assessment will be made in each case to decide which type of information needs to be shared and whether the public interest outweighs the rights of an individual (Principle 6 Data Protection Act). 7.4 Assessment criteria. Prior to sharing information, we will ask ourselves whether there is a need to share information; what type of information should be shared; and if it is personalised information, whether it is within the law. Typically, we will take into account the following issues before reaching a decision: Is there a need to prevent and/or contain a crime, disorder or other public safety threat? Is it necessary to protect vulnerable people? Is there another way of tackling the problem? In order to remove the threat, is it necessary to share information with statutory authorities to tackle the problem? If sharing is required, can we share using depersonalised information (both in terms of perpetrator and victim information)? Will it achieve the required outcome? If not, what is the minimum amount of personalised information that would need to be shared to achieve the required outcome? 7.5 Our commitment to confidentiality extends to all communications. Staff will not produce any communications (internally or externally) that could potentially identify a victim by publishing victim or family names / location of the incident or the location to which the victim has moved. 7.6 Privacy Notice We are committed to our obligations in relation to the processing of personal identifiable information (PII) and acknowledge that all individuals have a right to expect that their privacy is respected and their personal identifiable information (PII) is adequately protected in line with the Data Protection Act We use your personal identifiable information (PII) to enable us to deliver our products and services and also to support your relationship with us as a customer. More detailed information can be found in our privacy policy at Alternative formats (e.g. hard copy, braille etc) is available upon request. If you require any further information, on this or our information sharing protocols, please contact the Information Governance and Security Specialist at informationgovernance@orbit.org.uk with DPP Notice - Query in the subject line of your 8. Equality and Diversity 8.1 We will ensure that this policy is applied fairly and consistently to all our residents. We will not directly or indirectly discriminate against any person or group of people because of their race, religion / faith, gender, disability, age, sexual orientation or any other grounds set out in out equality and diversity policy. 8.2 When applying this policy we will: act in accordance with Orbit s values, with respect and in consideration of the diverse needs of individual and communities take positive action to reduce the discrimination and harassment in local communities 5

6 8.3 This policy and any other Orbit publication is available in other formats e.g. other languages, Braille, large print, audio). 9. Monitoring and Accountability 9.1 Members of the Orbit Group will monitor the effectiveness of this policy and recommend policy changes to improve service delivery. 9.2 Recording and monitoring safeguarding activity effectively and sharing information with partners so that lessons are learnt and practice improves 10. Review 10.1 We will carry out a fundamental review of this policy every two years. 6