Legal basis for the safeguarding of vulnerable adults

Safeguarding adults

Safeguarding of vulnerable adults must have a concise legal basis on some of the live issues in modern day Safeguarding.  Anybody involved in safeguarding vulnerable adult will have a better idea as to the imminent legal changes to Safeguarding processes.



The Care Act 2014 is made, Safeguarding is no more a  policy based but enshrined in decree.  The definitions of ‘vulnerable adult’ and ‘significant harm’ set out in ‘No Secrets’ have been removed and we will set out how Care Act 2014 widens the scope for whom Safeguarding applies, with direct implications for those suffering from mental health problems.  A large number of those with mental health problems who are in need of care also self- neglect and so we will briefly look at how Safeguarding practices will now apply to this group.

 

Safeguarding leads will be made aware of the core principles that the Care Act will bring including the legislative power to pass on some but not all of the Local Authority’s safeguarding duties. How will this impact the care of adults with mental health problems?  How will safeguarding investigations take place and more importantly, how will the safeguarding responsibility be shared?  ‘Wellbeing’ is now a legal principle, how will this effect a safeguarding plan for those with mental health problems?  Safeguarding Adult Boards are now on a statutory footing, what powers do they now have?

 

An update to capacity issues and best interests’ assessments will be given with highlights of recent case law including the UF case. The Courts are leading the way on balancing asserted positive risk taking against the facts.

 

Restrictive Practices – The implementation of practices that limit an individual’s action and freedom to act independently without consequence.  How should adults be safeguarded from restrictive practices?  What constitutes unlawful restriction? We will aim to briefly set out what is considered best practice.

 



In a single year, one National Health Service Trust reported 38 incidents while another reported over 3,000 incidents.  Is this evidence of endemic organisational abuse?  What are the forms of control and restraint?  When is it appropriate to use and when is it not?  What are the civil and criminal repercussions of illegal control and restraint?

 

We shall look at the professional and legal duty to keep correct safeguarding documentation.  Practitioners, advocates and those that have been delegated investigative powers will be required to produce reports.

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Develops an understanding of safeguarding

Safeguarding training in the UKPeople who use health and care services should be treated with dignity and respect, receive high quality, compassionate care and be safe from harm and abuse.Ensuring that this happens is the prime responsibility of those who provide and commission services and the main focus for those who regulate standards in care. Clarity on roles and responsibilities is especially important at a time when:

Public and political concerns have been raised by a number of shocking failures of care and cases of abuse that have shaken confidence in the care system

Major organisational changes in the UK safety National Watch, and the transfer of safeguarding responsibilities to new organisations, have led to some uncertainty



 

The Care Act, as it comes into effect, will place adult safeguarding arrangements on a statutory basis and bring in new duties.

 

It’s important to remain focused on outcomes rather than just the process of safeguarding. The outcomes should be

  • To make sure of the safety and wellbeing of anyone who has been subject to abuse or neglect
  • To make a  move against those responsible for abuse or neglect taking place
  • To promote well-being and prevent abuse and neglect from happening in the first place
  • Learn and make changes that could prevent similar abuse or neglect happening to other people

The development of adult safeguarding working arrangements has resulted in too much focus on a specific process and not enough on agreeing which actions will achieve the most positive outcomes for people. In some cases, other powers and actions could be used more quickly and beneficially rather than solely pursuing current formal safeguarding procedures. An appropriate balance needs to be struck between referring cases on for safeguarding investigation and an understanding of what other remedies there are available which could tackle and resolve the issue.



 

Safeguarding is everybody’s business. Therefore providers are required to meet essential standards of care and people using services are safeguarded additionally through monitoring by providers and commissioners, regulation and inspection. People’s welfare should also be secured by good commissioning, contracts management and, for some people, by care management or other forms of review.

 

It is for local safeguarding partnerships to make an agreement about how decisions are made, in different health and social care settings, as to what should be appropriately considered a safeguarding issue and addressed through a safeguarding investigation and what should be more appropriately dealt with through

other routes including complaints, employment law, contract monitoring and compliance, regulation and quality improvement processes. All of these routes, used effectively, will safeguard people. The important thing is for all options to be considered, recorded and co-ordinated and for the best interests of the person who has been abused always to be at the forefront of people’s minds.

 

A common theme in the learning from Serious Case Reviews for adults has been that information about poor and dangerous services was not collated or linked with other information so that intervention might have taken place before serious harm or death occurred. Local partnerships therefore need to have effective procedures for sharing information and means of communication in place to intervene before a problem becomes a crisis.

 

At a local level some partnerships have set up multi-agency groups which regularly review data and intelligence about care services and plan joint actions. Good practice would be to ensure that there is effective information sharing between staff responsible for monitoring the performance of care providers and those responsible for investigating safeguarding incidents. This is needed to ensure that co-ordinated

and proportionate action is taken to tackle poor care and that the threshold into safeguarding investigation is kept under regular review.

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The principles and parameters of a good assessment Safeguarding Children in UK

Safeguarding Children UK Aegis4training
The principles and parameters of a good assessment Safeguarding Children in UK
Research has shown that taking a systematic approach to enquiries using a conceptual model is the best way to deliver a comprehensive assessment for all children.
High quality assessments:
• are child centred. Where there is a conflict of interest, decisions should be made in the child’s best interests;
• are rooted in child development and informed by evidence; • are focused on action and outcomes for children;
• are holistic in approach, addressing the child’s needs within their family and wider community;
• ensure equality of opportunity;
• involve children and families;
• build on strengths as well as identifying difficulties;
• are integrated in approach;
• are a continuing process not an event;
• lead to action, including the provision of services;
• review services provided on an ongoing basis; and
• are transparent and open to challenge.

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Working together to safeguard children A guide to inter-agency working to safeguard and promote the welfare of children

Safeguarding

Everyone who works with children – including teachers, GPs, nurses, midwives, health visitors, early years professionals, youth workers, police, Accident and Emergency staff, paediatricians, voluntary and community workers and social workers – has a responsibility for keeping them safe. 16. No single professional can have a full picture of a child’s needs and circumstances and, if children and families are to receive the right help at the right time, everyone who comes into contact with them has a role to play in identifying concerns, sharing information and taking prompt action.

In order that organisations and practitioners collaborate effectively, it is vital that every individual working with children and families is aware of the role that they have to play and the role of other professionals. In addition, effective safeguarding requires clear local arrangements for collaboration between professionals and agencies.. Any professionals with concerns about a child’s welfare should make a referral to local authority children’s social care. Professionals should follow up their concerns if they are not satisfied with the local authority children’s social care response..

This statutory guidance sets out key roles for individual organisations and key elements of effective local arrangements for safeguarding. It is very important these arrangements are strongly led and promoted at a local level, specifically by: a strong lead from local authority members, and the commitment of chief officers in all agencies, in particular the Director of Children’s Services and Lead Member for Children’s Services in each local authority; and effective local coordination and challenge by the LSCBs in each area.

 

This guidance is for:

  • local authority chief executives
  • directors of children’s services
  • chairs of local safeguarding children boards (LSCBs)
  • teachers and education staff
  • social workers
  • health service professionals
  • adult services
  • police officers
  • voluntary and community sector workers in contact with children and families

It applies to:

  • local authorities
  • all schools

This replaces ‘Working together to safeguard children’ (2013).

Statutory guidance is issued by law; you must follow it unless there’s a good reason not to.

 

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Safeguarding Kids Online Training

Safeguarding for professionals

Certain sorts of philanthropy are set up to help or look after the individuals who are especially powerless. By helpless the Philanthropy Commission implies kids or youngsters under 18 years old or grown-ups who are in receipt of a controlled movement. Philanthropy trustees are in charge of guaranteeing that those profiting from, or working with, their philanthropy, are not hurt at all through contact with it. They have a legitimate obligation to act judiciously and this implies they should step inside of their energy to guarantee this does not happen. It is especially critical where recipients are powerless persons or kids in the group. Trustees are required to discover what the important law is, the manner by which it applies to their association, and to agree to it where proper. They ought to additionally receive best practice beyond what many would consider possible – counsel on this is accessible from various proficient sources, some of which are recorded beneath. Kids and youngsters under 18 years old are a particularly defenseless gathering and in this way the commission is worried to stretch the significance of foundations having legitimate shields set up for their assurance.

Shielding is a term which is more extensive than ‘tyke security’ and identifies with the move made to advance the welfare of youngsters and shield them from mischief. Shielding is everybody’s obligation. Defending is characterized in Cooperating to shield kids 2013 as:

  • protecting kids from abuse
  • preventing weakness of youngsters’ wellbeing and advancement
  • ensuring that kids experience childhood in circumstances predictable with the procurement of protected and powerful care and
  • taking activity to empower all kids to have the best results

Trustees of foundations which work with powerless gatherings, including kids, should dependably act to their greatest advantage and guarantee they find a way to counteract damage to them. Having shields set up inside of an association not just secures and advances the welfare of kids additionally it upgrades the certainty of trustees, staff, volunteers, folks/carers and the overall population.

The need to shield youngsters applies both to philanthropies working in the UK and different nations where kids might confront distinctive or extra dangers of misuse or abuse. These shields ought to incorporate a youngster insurance approach and systems for managing issues of concern or manhandle. For the reasons of tyke security enactment the expression “kid” alludes to anybody up to the age of 1.

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Safeguarding Children

 

 

 

Awareness of Child Abuse and Neglect

safeguarding children

On the off chance that you come into contact with youngsters for long stretches over the span of your work or as a volunteer this is the course for you.

Shielding youngsters is everybody’s obligation. You can guarantee you are prepared satisfactorily in defending and tyke security issues in only a couple of hours with this web preparing.

This course contains the majority of the data in ‘A Prologue to Shielding’, and enormously develops the majority of the included course subjects keeping in mind the end goal to give those that work with youngsters for broadened time spans the point by point data you have to defend the kids in your consideration.. Vital subjects secured in the course include: Comprehension the sorts of misuse and disregard a tyke in your consideration might endure. How you can recognize the indications. What is the right game-plan when you think a tyke is being manhandled or when a tyke or grown-up unveils misuse. You will likewise learn solid strategies for keeping exact records.

In the event that you come into contact with kids for brief periods over the span of your work or as a volunteer you might need to think about finishing As a Prologue to Defending.

It is a statutory prerequisite for any individual who works with youngsters to redesign their insight into enactment and direction and keep up the capacity to follow up on concerns in regards to the wellbeing and welfare of kids and youngsters. The administration direction recommends that refresher preparing ought to happen like clockwork. Whilst vital, this can be expensive for associations and disappointing for staff, who might have substantial case loads and think that its hard to make tracks in an opposite direction from work to go to a refresher course.

The Protecting Youngsters e-Institute has built up an online refresher course in a joint effort with specialists from 6 Neighbourhood Shielding Kids Sheets which covers every one of the progressions in Defending in the course of the most recent three years.

On fruition of this Virtual School course learners will have the capacity to:

Recognize the progressions to rehearse in the course of recent years.

Recognize diverse levels of mischief and the proper defending procedures to be taken after.

Comprehend shielding youngsters issues from a national viewpoint.

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Awareness of Child Abuse and Neglect

Safeguarding children