Safeguarding Policies

INTRODUCTION

Dover Activity Parsk CIC (‘the company’) is committed to safeguarding and promoting the welfare of vulnerable adults engaged in the breadth of its activities.  Staff, volunteers and directors may receive disclosures of abuse and observe vulnerable adults who are at risk.  This policy will enable the company to make informed and confident responses to specific adult protection issues.

PURPOSE

The purpose of this policy is to outline the duty and responsibility of the company in relation to the protection of vulnerable adults from abuse.

All adults have the right to be safe from harm and should be able to live free from fear of abuse, neglect and exploitation.

“Abuse is a violation of an individual’s human and civil rights by any other person or person’s”

(Kent and Medway Safeguarding Vulnerable Adults, 2010)

The key objectives of this policy are:

• To explain the responsibilities the company has in respect of vulnerable adult protection;
• To provide all with an overview of vulnerable adult protection;
• To provide a clear procedure that will be implemented where vulnerable adult protection issues arise.

GUIDING PRINCIPLES

The following principles guide Dover Activity Parks CIC in safeguarding adults.

1. Everyone has the right to live free from abuse and neglect;
2. Everyone has the right to be treated as an individual;
3. Everyone has the right to be treated with respect and dignity, with a right to privacy;
4. Dover Activity Parks CIC believes everyone should have choice and control over their lives, with as much independence as is possible, and will help people maintain confidence and positive self-esteem;
5. We will not tolerate any kind of abuse to anyone, not least a vulnerable adult;
6. We will make sure our service users are aware of our Safeguarding Adults Policy and Procedure;
7. Everyone at Dover Activity Parks CIC has a responsibility to prevent, recognise and act on abuse and neglect;
8. We will make sure all trustees, staff and volunteers understand their role in relation to safeguarding adults. We will provide appropriate training and ensure staff are competent in preventing, recognising and acting on abuse and neglect.
9. Individuals against whom an allegation has been made have the right to fair and unbiased treatment and to be kept fully informed.

LEGAL FRAMEWORK

This policy is based upon a number of national Acts, policies, protocols and guidance.  These are:

1. Kent and Medway Multi-Agency Adult Protection Policy, Protocols and Guidance (updated 2013): www.kent.gov.uk and follow links to Adult Protection
2. Human Rights Act 1998, the Mental Capacity Act 2005 and Public Interest Disclosure Act 1998
3. Data Protection Act 1998, Freedom on Information Act 2000, Safeguarding Vulnerable Groups Act 2006, Deprivation of Liberty Safeguards, Code of Practice2008
4. The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they must go about this.
5. The Human Rights Act 1998 gives legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR).
6. The Public Interest Disclosure Act 1998 (PIDA) created a framework for whistle blowing across the private, public and voluntary sectors. The Act provides almost every individual in the workplace with protection from victimisation where they raise genuine concerns about malpractice in accordance with the Act’s provisions.

DEFINITION OF VULNERABLE ADULT

1. An Adult (a person aged 18 or over) who ‘is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’. (Definition from ‘No Secrets’ March 2000 Department of Health)
2. This could include people with learning disabilities, mental health problems, older people and people with a physical disability or impairment. It is important to include people whose condition and subsequent vulnerability fluctuates. It may include an individual who may be vulnerable as a consequence of their role as a carer in relation to any of the above.
3. It may also include victims of domestic abuse, hate crime and anti-social abuse behavior. The persons’ need for additional support to protect themselves may be increased when complicated by additional factors, such as, physical frailty or chronic illness, sensory impairment, challenging behaviour, drug or alcohol problems, social or emotional problems, poverty or homelessness.
4. Many vulnerable adults may not realise that they are being abused. For instance an elderly person, accepting that they are dependent on their family, may feel that they must tolerate losing control of their finances or their physical environment. They may be reluctant to assert themselves for fear of upsetting their carers or making the situation worse.
5. It is important to consider the meaning of ‘Significant Harm’. The Law Commission, in its consultation document ‘Who Decides,’ issued in Dec 1997 suggested that; ‘harm’ must be taken to include not only ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also ‘the impairment of, or an avoidable deterioration in, physical or mental health; and the impairment of physical, intellectual, emotional, social or behavioral development’.
6. For purposes of ensuring consistent and widely understood terminology, these policy and procedures will use the phrase ‘Vulnerable Adults’ to identify those eligible for interventions within the procedures.

TYPES OF ABUSE

Abuse may consist of a single act or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or an omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent.

Abuse can occur in any relationship and it may result in significant harm to, or exploitation of, the person subjected to it.

The Department of Health in its ‘No Secrets’ 2000 report suggests the following as the main types of abuse:

• Physical abuse – including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions.
• Sexual abuse – including rape and sexual assault or sexual acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting.
• Psychological abuse – including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.
• Financial or material abuse – including theft, fraud, exploitation, pressure in connection with wills property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
• Neglect and acts of omission – including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.
• Discriminatory abuse – including race, sex, culture, religion, politics, that is based on a person’s disability, age or sexuality and other forms of harassment, slurs or similar treatment, hate crime.
• Institutional abuse – Institutional abuse although not a separate category of abuse in itself, requires specific mention simply to highlight that adults placed in any kind of care home or day care establishment are potentially vulnerable to abuse and exploitation. This can be especially so when care standards and practices fall below an acceptable level as detailed in the contract specification.
• Multiple forms of abuse – Multiple forms of abuse may occur in an ongoing relationship or an abusive service setting to one person, or to more than one person at a time, making it important to look beyond single incidents or breaches in standards, to underlying dynamics and patterns of harm. Any or all of these types of abuse may be perpetrated as the result of deliberate intent and targeting of vulnerable people, negligence or ignorance.

DOMESTIC ABUSE

Home Office definition 2004;

‘Any incident of threatening behavior, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are, or have been intimate partners or family members, regardless of gender or sexuality.’

Women’s Aid definition;

‘Domestic violence is physical, sexual, psychological or financial violence that takes place within an intimate or family-type relationship and that forms a pattern of coercive and controlling behavior. This can also include forced marriage and so-called “honour crimes”. Domestic violence may include a range of abusive behaviours, not all of which are in themselves inherently “violent”.

Most research suggests that domestic violence occurs in all sections of society irrespective of race, culture, nationality, religion, sexuality, disability, age, class or educational level.  Both definitions would therefore also include incidents where extended family members may condone or share in the pattern of abuse e.g. forced marriage, female genital mutilation and crimes rationalized as punishing women for bringing ‘dishonor’ to the family.  It is important to recognise that Vulnerable Adults may be the victims of Domestic Abuse themselves or be affected by it occurring within their household. This is likely to have a serious effect on their physical and mental wellbeing.

Where Vulnerable Adults are victims of Domestic Abuse, they may need extra support to plan their future.  The violence or threat of violence may continue after a victim has separated from the abuser.  It is important to ensure that all the vulnerable people in this situation have appropriate support to enable them to maintain their personal safety.

A separate Domestic Abuse Protocol is in place between Police, Social Services and Health.  Incidents reported by the police through the domestic abuse protocols will be addressed under the adult protection processes if it is considered that a vulnerable adult may be at risk of abuse.  (See Joint Police, Social Services and Health protocol for dealing with cases of domestic abuse where vulnerable adults are involved) 

CHILDREN

It is essential that the needs of any children within an abusive or domestic violence situation where there is a vulnerable adult involved are considered and acted upon.

PROCEDURE IN THE EVENT OF A DISCLOSURE

It is important that vulnerable adults are protected from abuse. All complaints, allegations or suspicions must be taken seriously.  This procedure must be followed whenever an allegation of abuse is made or when there is a suspicion that a vulnerable adult has been abused:

Promises of confidentiality should not be given as this may conflict with the need to ensure the safety and welfare of the individual.

A full record shall be made as soon as possible of the nature of the allegation and any other relevant information.  This should include information in relation to the date, the time, the place where the alleged abuse happened, your name and the names of others present, the name of the complainant and, where different, the name of the adult who has allegedly been abused, the nature of the alleged abuse, a description of any injuries observed, the account which has been given of the allegation (See Safeguarding Vulnerable Adults Incident Reporting Form at the back of this policy)

RESPONDING TO AN ALLEGATION

Any suspicion, allegation or incident of abuse must be reported to the designated person immediately

The designated person for Dover Activity Parks CIC is Ross Miller,

Email: ross@mastertonrobindesigns.co.uk

Mob: 07852 235957

The nominated director will telephone and report the matter to the appropriate local adult social services duty social worker.  A written record of the date and time of the report will be made and the report will include the name and position of the person to whom the matter is reported.  The telephone report must be confirmed in writing to the relevant local authority adult social services department within 24 hours.

THE ROLE OF KEY INDIVIDUAL AGENCIES

1. Adult Social Services

The Department of Health’s recent ‘No secrets’ guidance document requires that authorities develop a local framework within which all responsible agencies work together to ensure a coherent policy for the protection of vulnerable adults at risk of abuse.

All local authorities have a Safeguarding Adults Board, which oversees multi-agency work aimed at protecting and safeguarding vulnerable adults.  It is normal practice for the board to comprise of people from partner organisations who have the ability to influence decision making and resource allocation within their organisation.

2. The Police

The Police play a vital role in Safeguarding Adults with cases involving alleged criminal acts.  It becomes the responsibility of the police to investigate allegations of crime by preserving and gathering evidence.  Where a crime is identified, the police will be the lead agency and they will direct investigations in line with legal and other procedural protocols.

RESPONDING APPROPRIATELY TO AN ALLEGATION OF ABUSE

In the event of an incident or disclosure:

Do

• Make sure the individual is safe
• Assess whether emergency services are required and if needed call them
• Listen
• Offer support and reassurance
• Ascertain and establish the basic facts
• Make careful notes and obtain agreement on them
• Explain areas of confidentiality; immediately speak to your designated person for support and guidance
• Explain the procedure to the individual making the allegation

Don’t

• Confront the alleged abuser
• Be judgmental or voice your own opinion
• Be dismissive of the concern
• Investigate or interview beyond that which is necessary to establish the basic facts
• Consult with persons not directly involved with the situation
• Ask leading questions
• Make promises
• Ignore the allegation

Important

It is important to remember that the person who first encounters a case of alleged abuse is not responsible for deciding whether abuse has occurred.  This is a task for the professional adult protection agencies, following a referral from the organisation’s designated person.

CONFIDENTIALITY

Vulnerable adult protection raises issues of confidentiality which are be clearly understood by the directors, who have a professional responsibility to share relevant information about the protection of vulnerable adults with other professionals, particularly investigative agencies and adult social services. Clear boundaries of confidentiality will be communicated.

MONITORING

Information about safeguarding cases and how they were dealt with will be discussed by the directors regularly.