Irshad Maudarbacus, Russell Wright, Tina Rajakanu, Shahieda Sujee, Ramdoo Logh, Richard Ilsley

Transcription

1 POLICY REF NO.: SABP/RISK0021 NAME OF POLICY REASON FOR POLICY WHAT THE POLICY WILL ACHIEVE? WHO NEEDS TO KNOW ABOUT IT? Transporting People who use our services in private vehicles whilst on duty To provide a framework for staff transporting people who use services in private vehicles. A procedure for the assessment of risk involved in transporting people who use services and to protect the safety of staff and people who use services Operational directorates; General managers; Service managers; modern matrons DATE APPROVED 5 th November 2015 VERSION NUMBER 3.0 APPROVING COMMITTEE Executive Board DATE OF IMPLEMENTATION 5 th November 2015 DATE OF FORMAL REVIEW 5 th November 2018 AUTHOR/REVIEWER: RESPONSIBLE DIRECTORATE DISTRIBUTION Irshad Maudarbacus, Russell Wright, Tina Rajakanu, Shahieda Sujee, Ramdoo Logh, Richard Ilsley All Directorates Operational directorates; general managers; service managers; modern matrons

2 Policy 1. Policy Statement It is recognised by the Trust that on occasions it may be necessary, as part of a care plan, for staff, using their own vehicles, or lease cars, to transport people who use services. In such circumstances, drivers are responsible for driving the vehicle and should not be expected to act in any way other than as a driver. Private vehicles should not be used to transport injured persons to A&E or other emergency assessment or treatment centres. Emergency services should be used in these instances. 2. Purpose To ensure all staff who transport people are clear about the risks that may arise. Transporting people who use services may involve risks which need to be carefully and suitably assessed to ensure the safety of staff, people who use services, other passengers and other road users. 3. Scope of Policy & Procedure This policy is relevant to all staff who are required to use their private vehicles as part of their job role to transport people who use our services. This policy doesn t include ad-hoc journeys. 4. Associated Trust Policies/ Procedure Health & Safety policy Observation Policy Clinical Risk Management Policy 2

3 VERSION CONTROL SHEET Version Date Author Status Comment Version 2 October 2015 Irshad Maudarbacus, Draft Russell Wright, Tina Rajakanu, Shahieda Sujee, Ramdoo Logh, Richard Ilsley Full review Summary of Changes Page /Paragraph/Appendix Number (select the appropriate action) Original / New / Amendment / Deleted Statement (select the appropriate action) Complete review and updating 3

4 PROCEDURE REF NO.: SABP/RISK0021 NAME OF POLICY, PROCEDURE OR GUIDELINE REASON FOR POLICY OR PROCEDURE WHAT THE POLICY WILL ACHIEVE? WHO NEEDS TO KNOW ABOUT IT? Transporting People who use our services in private vehicles whilst on duty To provide a framework for staff transporting people who use services in private vehicles. A procedure for the assessment of risk involved in transporting people who use services and to protect the safety of staff and people who use services Operational directorates; General managers; Service managers; modern matrons DATE APPROVED 5 th November 2015 VERSION NUMBER 3.0 APPROVING COMMITTEE Executive Board DATE OF IMPLEMENTATION 5 th November 2015 DATE OF FORMAL REVIEW 5 th November 2018 AUTHOR/REVIEWER: RESPONSIBLE DIRECTORATE DISTRIBUTION Irshad Maudarbacus, Russell Wright, Tina Rajakanu, Shahieda Sujee, Ramdoo Logh, Richard Ilsley All Directorates Operational directorates; general managers; service managers; modern matrons 1.0 INTRODUCTION 4

5 This procedure provides is designed to ensure the safe transportation by staff, using their own private vehicle or lease car, of people who use services. This is an accepted method of transporting people who use services. It provides guidance for staff to ensure that such transportation is properly risk assessed. 2.0 ROLES & RESPONSIBILITIES BOARD/ DIRECTORS - To ensure that the policy is implemented and resources are in place to support its implementation. MANAGERS are responsible for: o Ensuring that staff working unsupervised with vulnerable adults meet the Disclosure and Barring Service (DBS) requirements. o Ensuring that the member of staff is in possession of a full, United Kingdom or European Community, driver s licence. This must be checked regularly, at least on an annual basis. o Ensuring that all staff that transport people who use services are aware of the lone working policy. o Ensuring that the member of staff has comprehensive motor insurance, which covers them for business use and the insurer is aware of the nature of the work; that the vehicle is properly taxed and has a valid MOT. A cover note will be required to be produced and a copy retained by the manager. This must be checked on an annual basis, as above o Explaining to the member of staff that when carrying people who use services in their own vehicle, that in the case of an individual who uses services, sustaining an injury as a result of an accident, this can lead to litigation. In the first instance the claim will normally be made against their insurer. o Ensuring that suitable risk assessments are carried out. 5

6 3.0 STAFF are responsible for: Recording all official journeys and business mileage on the appropriate report form, including passenger miles. Notifying their Line Manager of any material change which could result in the suspension or revocation of their driver's licence or their ability to continue driving Checking that the vehicle is in good working order prior to any the journey to ensure own safety as well as others; and that it is regularly monitored according to the manufacturer's requirements Ensuring that all passengers are safely and securely seated and the appropriate risk assessment has been undertaken. Recording the journey in the person's care records to include names of any other passengers/escorts. Co-operating with monitoring and reporting procedures 4.0 Risk Assessment It is essential that prior to any journey being undertaken in a private vehicle an appropriate risk is undertaken. If the risk assessment raises any concerns about this method of transport then either an escort or escorts should be considered, or in the absence of available escorts, other alternative means of transporting should be arranged The risk assessment should also address "lone working" issues and ensure that there is a means of contacting help, support etc in the event of an incident. 5.0 Vehicle Safety Members of staff need to ensure that prior to any transportation takes place, a suitable driver is identified and that the vehicle is suitable for the purpose of the transport, roadworthy and contains minimum safety features, including seat belts, head restraints and a driver's and passenger airbags. The vehicle to be used for transporting needs to be road worthy and should have a valid MOT certificate, if applicable, and is taxed and insured with agreement for them to carry people who use services. The drivers needs to also ensure that their insurance policy covers them for the use of their own car for work purposes and the insurer is aware of the nature of the work Any vehicle that is deemed or suspected to be in an unsafe or illegal condition will not be used for work purposes, until all necessary repairs have been completed. 6

7 6.0 Passenger Safety It is every staff member s duty to taking reasonable steps to ensure the health and safety of all passengers in the vehicle. When planning to transport children to ensure that the chosen vehicles have child restraints, which are suitable for the child. It is important to also ensure that the individual to be transported is willing and that their consent has been obtained, if they have capacity to consent, and documented. The vehicle being used needs to be fit for purpose e.g. not transporting wheelchair users unless the vehicle is suitable People who use wheelchairs should not be transported unless the vehicle is suitable for securing wheelchairs, or the individual is able, and consents to, being removed from their wheelchair to be placed in a regular fixed seat. 7.0 Incidents All incidents that occur while people are being transported need to be reported in accordance with our incident management policy. These events need to also be documented in the person's care plan and/or progress notes. All staff involved or who witness an incident need to immediately report this to their line manager and complete a Datix incident report form without delay. 8.0 Monitoring Compliance Monitoring Table What will be monitored Reporting of transport related incidents affecting people using services. How/Meth od Incident review Frequency Lead Reporting to Regular/ through incident review process Head of Clinical Risk & Safety Health & Safety Committee Deficiencies / gaps recommendations and actions To be reported to the Quality committee and the Safety Huddle 7

8 10 Equality Analysis The equality analysis guidance notes and template are provided to support you in meeting the requirements of the Public Sector Equality Duty which came into force on 5 April You should use this template to record evidence that equality analysis has been carried out before policy decisions take place. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law. 1. About the policy/project/change Title of the policy / project / change: What are the intended outcomes / changes expected as a result of this policy / project / change: Are there links with other existing policies/projects: (if yes provide details) Transporting people in own vehicle whilst on Duty Identification of aspects of this policy that may adversely affect a particular group of people with a protected characteristic under the Equality Act 2. Decide if the policy / project / change is equality relevant Does the policy involve, or have consequences for people using services, carers, employees or other people? If yes, please state the groups of people who are likely to be affected. If yes, then the policy/project is equality relevant. If no, you can skip to section 6. However the majority of Trust policies and projects are equality relevant because they affect people in some way. This policy will be relevant and may affect all people using our services, staff and visitors. 3. Gathering evidence to inform the equality analysis What evidence have you gathered to help inform this analysis? This can include evidence from national research, surveys & reports, interviews and focus groups, policy monitoring and evaluations from pilot projects, etc. If there are gaps in the evidence available under any of the characteristics, please explain why this is the case and state what actions will be taken to close the gaps as part of the action plan. Please ensure you check Annex C of the guidance notes for sources of evidence. 8

9 The Protected Characteristics & Evidence Using the relevant available evidence - what is known, understood or assumed about each of the equality groups / protected characteristics identified below that could be relevant to this policy / project / change. Record the sources of the evidence used for all the protected characteristics Equality Act, Mental Health Code of Practice, Health & Safety at Work Act Engagement and Involvement Record the names of the people and/or groups involved in gathering evidence and/or testing the evidence against the policy / project / change. Who and how were they involved? Who name of individual / group(s) represented Billy Hatifani How have these people been involved e.g. meeting Drafting of the policy & reviewing current best practice that has informed this Equality Analysis. 5. Analysis of the potential impact of the policy / project / change Based on the evidence you have gathered; describe any actual or likely impacts that may arise as a result of the decision and whether these are likely to be positive or negative. Where actual or likely impacts are identified, you should also state what actions will be taken to promote the likelihood of positive impacts as well as minimise or mitigate against possible or likely negative impacts, i.e. what can the Trust reasonably do to actively manage the consequences of its decision / action Eliminate discrimination, harassment and victimisation: Does the policy / project / change, help eliminate discrimination, harassment and victimisation in any way? If yes, provide details. If no, provide reasons Age The policy is applied equality across all groups and as Caring responsibilities such will not directly eliminate the feeling of victimisation or discrimination for any particular group. Disability Gender reassignment Marriage & civil partnerships Pregnancy & maternity Race / ethnicity 9

10 Religion or belief Sex / gender Sexual Orientation Advance equality of opportunity: Does the policy / project / change, help develop equality of opportunity in any way? This could include removing or minimising disadvantages suffered by people due to their protected characteristics, taking steps to meet the needs of people from protected groups where these are different from the needs of other people, or encouraging people from protected groups to participate in activities where their participation is disproportionately low. If yes, provide details. If no, provide reasons Age Caring responsibilities Disability Gender reassignment The policy does not advance equality of opportunity for any group but ensures a fair approach when transporting people in own vehicles. Pregnancy & maternity Race / ethnicity Religion or belief Sex / gender Sexual Orientation Promote good relations between different groups: Does the policy / project / change, help foster good or improved relations between different groups in any way? If yes, provide details. If no, provide reasons. Age The policy will promote good relations between groups Caring responsibilities Disability Gender reassignment because it brings clarity to what is expected of staff and outlines a fair approach when transporting people in own vehicles. Pregnancy & maternity Race / ethnicity Religion or belief Sex / gender Sexual Orientation What do you consider the overall impact: 10

11 This is a positive policy that will ensure groups are treated equally due to the clarity of process outlined in this document 6. Action Planning Actions to be taken as a result of this analysis (add additional rows as required): 1. Ensure signage is available in all areas where doors will be locked to ensure people remain informed about their rights to leave at any time if not detained under the Mental Health Act Authorisation Name of person who will take this action All Staff Date action due to be completed Ongoing review Name & job title of person completing this analysis: Billy Hatifani Date of completion: 1 st October 2015 Name & job title of person responsible for monitoring and reporting on the implementation of the actions arising from this analysis: Name & job title of authorised person: (If there are doubts about the completeness or sufficiency of this equality analysis, seek advice from the Equality and Human Rights Team or the Legal Services & Reporting Manager in the Clinical Risk & Safety Team) Director of Risk & Safety Billy Hatifani Director of Risk & Safety Date of authorisation: 1 st October

12 REFERENCES This procedure should be read alongside: Adult Protection - Safeguarding Adults Policy and Procedure SABP/SERVICEIMPROVEMENT/00012; Health and Safety Policy SABP/RISKl0003; Lease Car Policy SABPIWORKFORCE/0006; SABP Lone Worker Policy; Travel and Subsistence SABP/AUDIT/001. The European New Car Assessment Programme (EURONCAP) assesses the safety performance of the most popular cars sold: Driving for work: Fitness to Drive - Minibus Safety Code of Practice Driving for work: Own Vehicles 12