The legislation and regulation governing safeguarding adults work can be summarized as follows. The Safeguarding Vulnerable Groups Act aims to limit interactions between children, vulnerable adults, and individuals who may cause harm. In October 2009, the restrictions outlined in the Act were implemented. Currently, the Government is evaluating the schedule for implementing other sections of the Act, including the requirement for employees to be ‘ISA-registered’. Despite its complexity, the core principles of the 2006 Act remain clear.
The text emphasizes the importance of:
- Preventing unsuitable individuals from working with children and vulnerable adults.
- Providing employers with a simple way to check if someone is barred from working with children and vulnerable adults.
- Including suitability assessments as part of an ongoing evaluation process to identify individuals who may have engaged in misconduct after passing the initial suitability check.
The Rehabilitation of Offenders Act, also known as the ROA, was established in 1974 to assist individuals who have previously been convicted of a crime and have since remained free from further offenses in obtaining employment.
Individuals with criminal convictions no longer need to disclose them for certain purposes, such as seeking employment, obtaining insurance, and participating in legal matters, once a rehabilitation period has passed. All cautions and convictions are considered ‘spent’ unless the prison sentence exceeds two and a half years. The length of the rehabilitation period is determined by the sentence received rather than the offense’s nature.
The rehabilitation period for prison sentences is determined by the length of the overall sentence, not the time spent in custody. If individuals are 17 or younger when convicted, their rehabilitation period depends on whether they are sentenced as adults or juveniles. Adults have a 5-year rehabilitation period for prison sentences between more than 6 months and up to 2.5 years, while juveniles have a 10-year rehabilitation period. Conversely, for prison sentences of 6 months or less, adults have a 3.5-year rehabilitation period and juveniles have a 7-year one.
For fines and community service, both adults and juveniles share a rehabilitation period of 2.5 years. The rehabilitation period for a conditional discharge is either equal to the duration of the order or at least 12 months (whichever is longer) for both adults and juveniles.
Both adults and juveniles have a shared six-month rehabilitation period for an absolute discharge. Similarly, they also share a three-month rehabilitation period for a conditional caution.
Simple Caution, Reprimands and WarningsImmediately ‘spent’ Immediately ‘spent’ Other Including Compensation Order, Supervision Order, Bind Over, Hospital OrderVariable periodVariable period The police Act: This section details various Acts, and offences and common laws that are commonly used by Police officers. The Police Legislation is updated frequently to keep you informed with the new laws. Police Information aim is to raise awareness of the range of health and safety legislation that applies to workplaces in Great Britain. It has been created to: •Help users discover specific legislation that applies to their industry. Explain how to trace and obtain Acts and regulations. •Provide links to organisations that can offer advice and guidance on legislation. Sexual Offences Act: This includes sections relating to consent, and definitions of different types of sexual offence. SOA is gender-neutral although some offences remain gender specific. It includes sections relating to the capacity to consent of individuals with mental health need or a learning disability. Care Standards Act: The Care Standards Act, is a piece of primary legislation, which established an independent regulatory body for England known as the National Care Standards Commission.
Its remit covered social care, private and voluntary healthcare services. The Act provided for an arm of the National Assembly to regulate these services within the country. Its main purpose was to reform care services. The Act defines the range of care services as residential care homes, nursing homes, children’s homes, domiciliary care agencies, fostering agencies, voluntary adoption agencies, private and voluntary healthcare services – including private hospitals, clinics, and private primary care premises.
The Mental Capacity Act 2005 is a law in the United Kingdom, specifically for England and Wales. Its purpose is to ensure that both local authorities and the independent sector follow the same care standards. The main goal of this act is to create a legal framework for making decisions on behalf of adults who are unable to make certain decisions themselves due to their lack of capacity. On the other hand, the Disability Discrimination Act protects disabled individuals in various aspects such as employment, education access, goods, facilities, services (including larger private clubs and transport services), buying or renting land or property (which makes it easier for people with disabilities to rent property and for tenants to make disability-related adaptations), and functions of public bodies (such as issuing licenses). This legislation obliges public bodies to promote equal opportunities for people with disabilities and grants the government authority to establish minimum standards for accessible public transportation.
The Race Relations Act, which was initially passed in 1976 and later revised in 2000, makes it illegal to discriminate against individuals based on their race, color, nationality, or ethnic origin. The Act also prohibits employers from practicing positive discrimination or affirmative action by solely hiring people from a particular racial group with the intention of altering workforce demographics.
The Act, also known as the Human Rights Act 1998 (HRA), makes it illegal and a violation of the law to discriminate based on race. It was implemented in the United Kingdom in October 2000 and includes provisions that bring the protections from the European Convention on Human Rights into UK law. This means that all public entities, including courts, police, local governments, hospitals, publicly funded schools, and others performing public functions are obligated to uphold the rights outlined in the Convention.
The main objective of the Data Protection Act is to protect individuals’ rights and privacy. It ensures that their data is not processed without their knowledge and with their consent, whenever possible. This legislation also allows individuals to bring human rights cases in national courts instead of relying on the European Court of Human Rights in Strasbourg. The Act outlines the fundamental rights and freedoms available to people in the UK. These include the right to life, freedom from torture, liberty, slavery, a fair trial, respect for private and family life, freedom of thought and religion, freedom of expression, freedom of assembly and association, the right to marry and start a family, protection against discrimination, peaceful enjoyment of property rights,the right to education,and participation in free elections.
The Act protects personal data of individuals and defines sensitive personal data that require stricter processing conditions. P5: Health and social care employ strategies and procedures to minimize abuse risk. Recruitment: Protection of Vulnerable Adults scheme ensures individuals under foster care or at home are checked against the POVA list for banned professionals. This applies to care homes, domiciliary care agencies, adult placement schemes, and employment agencies supplying care workers. Independent Safeguarding Authority (ISA) ensures barred individuals cannot work with vulnerable adults or children. ISA manages the lists of barred individuals, keeps them up to date, and advises on new barring decisions based on various sources.
The role of the Criminal Records Bureau is to reduce the risk of abuse by prohibiting unsuitable individuals from working with children and vulnerable adults. This sector guidance aims to prevent abuse of vulnerable adults and provide guidance to employers.
The Protection of Vulnerable Adults scheme in England and Wales for adult placement schemes serves as a ban on professionals who have caused harm to vulnerable adults under their care.
The addition of another level of safeguarding in pre-employment procedures, such as Criminal Records Bureau checks, helps to stop known abusers from joining the care workforce. This action will be complementary to initiatives like “No secrets” and “In safe hands,” along with other specific measures aimed at preventing and dealing with adult abuse. It will aid the Government’s endeavors to enhance standards in healthcare and social services.
The importance of raising standards is twofold: it serves as a means to protect vulnerable adults and is valuable in its own right. Often, harm inflicted upon these individuals stems from care professionals’ lack of expertise rather than deliberate misconduct. The Department of Health’s “No Secrets” report is an indispensable resource for all entities involved in health and social care services, such as primary care groups, regulators, and criminal justice agencies.
The report highlights the importance of promptly protecting and assisting at-risk vulnerable adults. The government recognizes the significance of this action and sees local statutory agencies and other relevant entities as vital partners in ensuring its implementation when needed. The report’s main focus is on safeguarding elderly, frail, isolated individuals in the community or those lacking substantial family support in care homes. This category often encompasses people with physical or learning disabilities, as well as those with mental health requirements, who face potential harm both within institutional settings and the wider community.
Safeguarding encompasses six key concepts: empowerment, protection, prevention, proportionate responses, partnership, and accountability. Empowerment refers to the presumption of person-led decisions and informed consent. Protection involves providing support and representation to those who are most in need. Prevention emphasizes the importance of taking action before harm occurs. Proportionality means responding to the risk presented with a response that is proportionate and least intrusive. Partnership focuses on finding local solutions through services that work with their communities.
Communities play a role in preventing, detecting, and reporting neglect and abuse. The Accountability and Transparency in Delivering Dignity in Care initiative aims to improve standards of dignity in care. It offers resources and practical guidance for service providers and practitioners to ensure that individuals receiving health and social care services are treated with respect.
Human Rights in Healthcare-A Framework for Local Action 2007: aims to demonstrate the practical value of a human rights-based approach for organizations and individuals providing improved services for patients and service users. “Alan Johnson Secretary of State for Health” emphasizes the importance of considering human rights when delivering services in order to ensure the provision of quality care.
Integrating human rights into healthcare services can result in improved services for all. When the core values of fairness, respect, equality, dignity, and autonomy are upheld, both patients and staff can have positive experiences. The principle of fairness entails giving individuals the chance to express and have their opinion heard and valued when making decisions, along with considering other relevant factors.
The process should be impartial, providing certainty and allowing others to see how they would be treated in similar situations. It also involves showing respect for the rights, values, beliefs, and property of others. Respect includes considering the individual and their value systems before making decisions that may contradict them.
Showing respect can be achieved through polite communication, which helps individuals feel appreciated and acknowledged as distinct individuals rather than just ‘numbers’ or ‘conditions’.
In the healthcare field, autonomy is regarded as a primary ethical principle. It encompasses self-determination, giving individuals the freedom to choose their own outcomes and make decisions based on pertinent information, while also being able to participate in the decision-making process.
Codes of Practice in Social Work: Social care workers have a duty to protect the rights and promote the interests of service users and carers. This entails treating each individual as unique, respecting their dignity and privacy, promoting equal opportunities, respecting the opinions and desires of both service users and carers, and valuing diversity including different cultures and values.
Establishing and sustaining trust and confidence with service users is of utmost importance for social workers. This entails being honest, trustworthy, and respectful when handling confidential information shared by service users. It also involves being dependable and effective in communication, using appropriate, open, accurate, and simple language. Furthermore, social workers must prioritize promoting the independence of service users while ensuring their utmost protection from any potential danger or harm.
This encompasses various responsibilities for social care workers. These encompass aiding service users in maintaining their independence and comprehending specific terms. It also necessitates refraining from discriminatory or exploitative actions and following protocols that safeguard you, your colleagues, and service users from workplace violence or abuse. It is crucial to respect the rights of service users, as well as taking precautions to prevent harm stemming from their actions towards themselves or others.
The social worker’s role includes acknowledging the rights of service users to participate in behaviors that carry risks. Consequently, they should adhere to risk assessment policies and procedures to evaluate whether these behaviors pose potential harm to themselves or others. Additionally, it is essential for them to take appropriate measures aimed at minimizing any potential harm caused by service users. As a social care worker, you have a duty to ensure that your work meets high standards and continually enhance your knowledge and skills.
Adhering to standards of practice and working safely and effectively are essential for social workers. This includes maintaining accurate records, collaborating respectfully with colleagues, and informing employers about challenges that may affect job performance. Engaging in relevant training is crucial for enhancing knowledge and skills, ultimately benefiting others in the field.
The code of practice serves multiple purposes, including clarifying the role of social care workers in workforce regulation and promoting appropriate behavior towards service users. It also outlines the responsibilities of employers in regulating social care workers and protecting the interests of service users and carers. By adhering to this code, employers can ensure they meet the specified standards, deliver high-quality services, and instill public trust in social care services. Additionally, The Code: Standards of Conduct, Performance and Ethics for Nurses and Midwives provides a set of key principles that all nurses and midwives should follow to fulfill their professional responsibilities. This code should not only be used in fitness-to-practice cases but also as a guide for daily practice.
The NMC provides various standards, guidance, and advice that should be utilized alongside the code to aid professional development. One strategy for professional development is multi-agency working, which involves practitioners from various sectors and professions collaborating to provide integrated support for children, young people, and families. This approach ensures that those who require additional assistance have access to the appropriate professionals. Multi-agency working can manifest in different ways depending on the local context.
Multi-agency working takes various forms, such as:
- In a team centered around a specific child or family.
- As a panel addressing the needs of individual children or families based on a particular area or institution.
- Where services collaborate within a single unit, whether physically together or connected virtually.
- Regular meetings involving multiple services.
This collaborative approach involves professionals from diverse backgrounds, including social work, health, education, Early Years, youth work, police, and youth justice. It can also include those who have contact with children, young people, and their families through their occupation or voluntary work.
The composition of a multi-agency team will vary depending on the needs of children, young people, and families. Each practitioner should contribute their own specialist skills, expertise, and insight to provide the best possible support. Partnerships can be formed between individuals, agencies, or organizations who share a common interest. These partnerships usually have an overarching purpose and specific objectives.
Partnerships can be created to tackle specific problems and can exist for different durations and in various forms, such as formal or informal. Partnership working is built on several key principles, including clarity, openness, trust, shared goals and values, and regular communication among partners. When collaborating with adult service users, families, and informal carers, it promotes their confidence in reaching out and discussing their concerns, fears, and potential abuse experiences. This approach also helps individuals to develop self-esteem, self-confidence, and the resilience to no longer accept abusive situations and behavior as the norm.
Decision-making processes and forums, policies: By allowing everyone to be aware of what is happening, the likelihood of a culture of secrecy developing where abuse could occur can be minimized. Holding monthly meetings (forums) for residents in a care home not only promotes the sharing of ideas and opinions but also gives individuals a chance to build confidence in speaking up. Staff training: Ensuring that your staff receives training and updates their skills regularly is crucial for the success of your business or organization. The benefits gained from staff training are undoubtedly priceless.
Regular trainings have been found to reduce staff turnover, increase productivity, and improve work quality. They also enhance staff satisfaction by boosting confidence, personal development, and career progression. The Care Quality Commission’s role includes identifying situations that pose a risk of harm to individuals using regulated services or receiving complaints that indicate potential harm.
M2: Legislation and regulations, working strategies and procedures are implemented in health and social care settings to minimize the risk of abuse. In this case study, which occurred at Sunny Residential Home in Bedford, neglect and physical abuse were identified as types of abuse. Mrs. Anita Craske, a 49-year-old woman with a learning disability, was under the care of Mary, her appointed care worker. Mary’s responsibilities included providing personal care such as bathing, feeding, and ensuring Mrs. Craske’s overall well-being. However, Mrs. Craske expressed her concerns to Anna, another staff member, about how Mary would physically hurt her during their daily morning bathing routine.
Anna was unsure of how to handle the information as she was afraid of being labeled a ‘grass’. Eventually, she decided to inform the line manager about what Mrs. Craske had said to her. The line manager documented the incident and filed it away in Mrs. Craske’s record. Following that, she called Mary into her office to inquire about the allegation made against her. Mrs. Craske claimed that Mary had been physically hurting her by pinching or hitting her when she did not move quickly enough during bath time. These are the procedures in place for protection:
Alert – It is important for staff to be aware that adults with learning disabilities may have difficulty understanding or communicating at an expected level. This can make it difficult to detect signs of previous abuse, as disclosure may not always occur. Mrs Craske raised the alert by informing another staff member and showing them a visible mark from the abuse.
Referrals involve passing an allegation to professionals such as the police or social services, who will conduct an investigation and provide feedback. The Adult Protection Case Conference will then share the investigation results with the family of the vulnerable person. In this particular case, the line manager referred the allegation to social services, who then took over the investigation. Decision-making occurs during a feedback meeting, where the lead body decides if any further action should be taken. Assessment of alleged abuse can be conducted within 24 hours of the referral, especially if it is deemed urgent.
In this case, Mrs Craske’s body was checked for any marks. Her protection plan was regularly reviewed to ensure her needs were being met, and this was recorded and monitored. Whistleblowing refers to when a worker reports suspected wrongdoing at work, officially called ‘making a disclosure in the public interest.’ Workers can report anything that is illegal or if anyone at work is neglecting their duties. Complaint procedures should be available in every agency, including information on how to complain, who can complain, when to complain, when the complaint will be acknowledged, when a formal response will be received, what to do if unhappy with the response, and where to get further advice and help. This would make residents feel more comfortable reporting abuse.
References:
http://www.nidirect.gov.uk/the-disability-discrimination-act-dda
http://wp.ctjt.biz/knowledge-base-law/law-%E2%80%93-sexual-offences/
http://www.legislation.gov.uk/uksi/2003/1845/note/made
http://www.online-procedures.co.uk/oldham/contents/further-guidance-on-child-protection/families-and-learning-disabilities/
