Issue date: 20th June 2022
Last reviewed date: 7th October 2024
Renewal date: October 2025
Author: Joanna Mulgrew, Skills Academy Lead
Approved by: Joanna Mulgrew, Skills Academy Lead
Notes:

HBXL Group is the parent company of House Builder XL Ltd who delivers Skills Bootcamps for the Department for Education and is an Approved Training Organisation for CITB.

This document should be used in conjunction with:

  • HBXL Safeguarding Procedure
  • HBXL Safer Recruitment Policy
  • HBXL Complaints, Appeals & Whistleblowing Policy
  • HBXL Prevent Policy
  • HBXL Staff Code of Conduct
  • HBXL Staff Handbook
  • HBXL Tutor Standards
  • HBXL Learner Anti-Bullying and Anti-Harassment Policy

SECTION 1: ADULT SAFEGUARDING POLICY

Introduction

HBXL Group is committed to Safeguarding Adults in line with national legislation and relevant national and local guidelines.

We will safeguard adults by ensuring that our courses are delivered in a way which keeps all adults safe.

HBXL Group is committed to creating a culture of zero-tolerance of harm to adults which necessitates: the recognition of adults who may be at risk and the circumstances which may increase risk; knowing how adult abuse, exploitation or neglect manifests itself; and being willing to report safeguarding concerns.

This extends to recognising and reporting harm experienced anywhere, including within our activities, within other organised community or voluntary activities, in the community, in the person’s own home and in any care setting.

HBXL Group is committed to best safeguarding practice and to uphold the rights of all adults to live a life free from harm from abuse, exploitation and neglect.

Policy statement

HBXL Group believes everyone has the right to live free from abuse or neglect regardless of age, ability or disability, sex, race, religion, ethnic origin, sexual orientation, marital or gender status.

HBXL Group is committed to creating and maintaining a safe and positive environment and an open, listening culture where people feel able to share concerns without fear of retribution.

HBXL Group acknowledges that safeguarding is everybody’s responsibility and is committed to prevent abuse and neglect through safeguarding the welfare of all adults involved.

HBXL Group recognises that health, well-being, ability, disability and need for care and support can affect a person’s resilience.  We recognise that some people experience barriers, for example, to communication in raising concerns or seeking help.   We recognise that these factors can vary at different points in people’s lives.

HBXL Group recognises that there is a legal framework within which it needs to work to safeguard adults who have needs for care and support and for protecting those who are unable to take action to protect themselves and will act in accordance with the relevant safeguarding adult legislation and with local statutory safeguarding procedures.

Actions taken by HBXL Group will be consistent with the principles of adult safeguarding ensuring that any action taken is prompt, proportionate and that it includes and respects the voice of the adult concerned.

Purpose

The purpose of this policy is to demonstrate the commitment of HBXL Group to safeguarding adults and to ensure that everyone involved in HBXL Group is aware of:

  • The legislation, policy and procedures for safeguarding adults.
  • Their role and responsibility for safeguarding adults.
  • What to do or who to speak to if they have a concern relating to the welfare or wellbeing of an adult within the organisation.

Scope

This safeguarding adult policy and associated procedures apply to all individuals involved in HBXL Group including Board members, Staff, and Volunteers and to all concerns about the safety of adults whilst taking part in our organisation, its activities and in the wider community.

We expect our partner organisations, including, for example, subcontractors to adopt and demonstrate their commitment to the principles and practice as set out in this Safeguarding Adults Policy and associated procedures.

Commitments

In order to implement this policy HBXL Group will ensure that:

  • Everyone involved with HBXL Group is aware of the safeguarding adult procedures and knows what to do and who to contact if they have a concern relating to the welfare or wellbeing of an adult.
  • Any concern that an adult is not safe is taken seriously, responded to promptly, and followed up in line with HBXL Group Safeguarding Adults Policy and Procedures.
  • In line with the Making Safeguarding Personal initiative, a personalised approach to adult safeguarding, which is led by the individual, is adopted at all times. HBXL Group will put the person at risk of harm at the centre of everything, with a focus on supporting them to achieve a meaningful improvement in their circumstances.
  • The well-being of those at risk of harm will be put first and the adult actively supported to communicate their views and the outcomes they want to achieve. Those views and wishes will be respected and supported unless there are overriding reasons not to (see the Safeguarding Adults Procedures).
  • Any actions taken will respect the rights and dignity of all those involved and be proportionate to the risk of harm.
  • Confidential, detailed and accurate records of all safeguarding concerns are maintained and securely stored in line with our Privacy Policy & Data Retention Policy.
  • HBXL Group acts in accordance with best practice advice, for example National Governing Bodies, NSPCC, Ann Craft Trust.
  • HBXL Group will cooperate with the Police and the relevant Local Authorities in taking action to safeguard an adult.
  • All Board members, staff, officials and volunteers understand their role and responsibility for safeguarding adults and have completed and are up to date with safeguarding adult training and learning opportunities appropriate for their role.
  • HBXL Group uses safe recruitment practices and continually assesses the suitability of volunteers and staff to prevent the employment/deployment of unsuitable individuals in this organisation and within the community.
  • HBXL Group shares information about anyone found to be a risk to adults with the appropriate bodies. For example: Disclosure and Barring Service, Services, Police, Local Authority/Social Services.
  • When planning activities and events HBXL Group includes an assessment of, and risk to, the safety of all adults from abuse and neglect and designates a person who will be in attendance as a safeguarding lead for that event.
  • Actions taken under this policy are reviewed by the Board and senior management team on an annual basis.
  • This policy, related policies (see below) and the Safeguarding Adults Procedures are reviewed no less than on a two-yearly basis and whenever there are changes in relevant legislation and/or government guidance as required by the Local Safeguarding Board, and/or National Governing Bodies and/or as a result of any other significant change or event.

Implementation

HBXL Group is committed to developing and maintaining its capability to implement this policy and procedures.
In order to do so the following will be in place:

  • A clear line of accountability within the organisation for the safety and welfare of all adults.
  • Access to relevant legal and professional advice.
  • Regular management reports to the Board detailing how risks to adult safeguarding are being addressed and how any reports have been addressed.
  • Safeguarding adult procedures that deal effectively with any concerns of abuse or neglect, including those caused through poor practice.
  • A Designated Safeguarding Lead (see Appendix 1).
  • A Designated Safeguarding Lead for events.
  • A Case Management Lead whom the Designated Safeguarding Lead and Deputy Designated Safeguarding Lead report concerns into. This person will act as the Chair and will liaise with appropriate authorities as appropriate. The Case Management Lead will follow HBXL Group’s Safeguarding Management Procedures process.
  • Arrangements to work effectively with other relevant organisations to safeguard and promote the welfare of adults, including arrangements for sharing information.
  • Codes of conduct for Board members, Staff, and Volunteers and other relevant individuals that specify zero tolerance of abuse in any form.
  • Risk assessments that specifically include safeguarding of adults.
  • Policies and procedures that address the following areas and which are consistent with this Safeguarding Adults policy.
  • Safeguarding young persons
  • Bullying and harassment
  • Social Media
  • Equality, diversity and inclusion
  • Safe activities risk assessments
  • Code of Conducts and a process for breach of these – Staff, Volunteers
  • Discipline and grievance
  • Concerns, Complaints and Compliments
  • Whistleblowing
  • Safe recruitment and selection (staff and volunteers)
  • Contract compliance
  • Information policy, data protection and information sharing

Staff Recruitment, Induction & Training

All tutors are recruited on the basis of HBXL’s Safer Recruitment policy, which includes appropriate use of references and checks on new staff and volunteers.

Safeguarding Training Procedure

Induction

Before commencement with learners, all staff must complete the following;

  • DBS check
  • Adult Safeguarding Introduction (CPD approved training)
  • Prevent Duty (CPD and IIRSM approved training)
  • GDPR Introduction (CPD approved training)
  • Read and understand the HBXL Adult-safeguarding Policy and Safe-guarding Procedures

The Designated Safeguarding Lead (DSL) and Deputy DSL are trained on accredited Level 3 Designated Safeguarding Lead Training and this is updated at least every 2 years, if not annually.

Weekly

At staff weekly meetings (typically during learner attendance and progress review meetings on a Monday morning), all learners’ needs are discussed and adult safeguarding refreshers are given.

Quarterly

DSL Joanna Mulgrew and Deputy DSL Olivia Woodhams meet with all teaching and support staff once a quarter to review adult safeguarding arrangements and update staff knowledge of adult safeguarding, including Prevent.

Bi-annually

Staff appraisals are undertaken and further adult safeguarding training needs are identified.

Annually

All staff renew their DBS and Adult Safeguarding, Prevent and GDPR training annually.

DSL Joanna Mulgrew and Deputy DSL Olivia Woodhams meet with all teaching and support staff annually to review adult safeguarding as part of the SAR.

Staff complete an Adult Safeguarding audit, which is used to identify training needs, annually.

Additional adult safeguarding CPD is arranged as required, including Advanced Adult Safeguarding and DfE/Government Prevent Awareness training.

SECTION 2: SUPPORTING INFORMATION

Key Points

  • There is a legal duty on Local Authoritiesto provide support to ‘adults at risk’.
  • Adults at riskare defined in legislation and the criteria applied differs between each home nation.
  • The safeguarding legislation applies to all forms of abusethat harm a person’s well-being.
  • The law provides a framework for good practice in safeguarding that makes the overall well-beingof the adult at risk a priority of any intervention.
  • The law in all four home nations emphasises the importance of person-centred safeguarding, (referred to as‘Making Safeguarding Personal’ in England).
  • The law provides a framework for making decisions on behalf of adults who can’t make decisions for themselves (Mental Capacity).
  • The law provides a framework for organisations to share concernsthey have about adults at risk with the local authority.
  • The law provides a framework for all organisations to share information and cooperateto protect adults at risk.

Safeguarding Adults Legislation

Safeguarding Adults in all home nations is compliant with United Nations directives on the rights of disabled people and commitments to the rights of older people.  It is covered by:

  • The Human Rights Act 1998
  • The Data Protection Act 2018
  • General Data Protection Regulations 2018

The practices and procedures within this policy are based on the relevant legislation and government guidance.

  • England – The Care Act 2014
    Care and Support Statutory Guidance (especially chapter 14) 2014
  • Wales – Social Services and Well Being Act 2014
    Wales Safeguarding Procedures 2019
  • Scotland – Adult Support and Protection Act 2007
    Adult Support and Protection (Scotland) Act 2007 Code of Practice 2014
  • Northern Ireland – Adult Safeguarding Prevention and Protection in Partnership 2015

Many other pieces of UK and home nation legislation also affect adult safeguarding.
These include legislation about different forms of abuse and those that govern information sharing. For example, legislation dealing with:

  • Murder/attempted murder
  • Physical Assault
  • Sexual Offences
  • Domestic Abuse/Coercive control
  • Forced Marriage
  • Female Genital Mutilation
  • Theft and Fraud
  • Modern slavery and Human exploitation
  • Hate crime
  • Harassment
  • Listing and Barring of those unsuitable to work with adults with care and support needs

Each home nation also has legislation about the circumstances in which decisions can be made on behalf of an adult who is unable to make decisions for themselves:

  • England and Wales – Mental Capacity Act 2005
  • Scotland – Adults with Incapacity Act 2000
  • Mental Capacity (Northern Ireland) 2016
  • There are specific offences applying to the mistreatment of and sexual offences against adults who do not have Mental Capacity and specific offences where mistreatment is carried out by a person who is employed as a carer: e.g. wilful neglect and wilful mistreatment.

Definition of an Adult at Risk

The Safeguarding Adults legislation creates specific responsibilities on Local Authorities, Health, and the Police to provide additional protection from abuse and neglect to Adults at Risk.

When a Local Authority has reason to believe there is an adult at risk, they have a responsibility to find out more about the situation and decide what actions need to be taken to support the adult.  In Scotland and Wales, the Local Authority can gain access to an adult to find out if they are at risk of harm for example, if that access is being blocked by another person.

The actions that need to be taken might be by the Local Authority (usually social services) and/or by other agencies, for example the Police and Health.  An organisation may need to take action as part of safeguarding an adult, for example, to use the disciplinary procedures in relation to a member of staff or member who has been reported to be harming a learner.  The Local Authority role includes having multi-agency procedures which coordinate the actions taken by different organisations.

An Adult at risk is:

ENGLAND (CARE ACT 2014)

An adult at risk is an individual aged 18 years and over who:

(a)    has needs for care and support (whether or not the local authority is meeting any of those needs) AND;

(b)    is experiencing, or at risk of, abuse or neglect, AND;

(c)    as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

SCOTLAND (ADULT SUPPORT AND PROTECTION ACT 2007)

An adult at risk is an individual aged 16 years and over who:

  1. a)      is unable to safeguard their own well-being, property, rights or other interests,
  2. b)     is at risk of harm, and
  3. c)      because they are affected by disability, mental disorder, illness or physical or mental infirmity, is more vulnerable to being harmed than adults who are not so affected.

WALES (SOCIAL SERVICES AND WELL BEING ACT 2014)

An adult at risk is an individual aged 18 years and over who:

  1. a)      is experiencing or is at risk of abuse or neglect, AND;
  2. b)     has needs for care and support (whether or not the authority is meeting any of those needs) AND;
  3. c)      as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

NORTHERN IRELAND (ADULT SAFEGUARDING PREVENTION AND PROTECTION IN PARTNERSHIP 2015)

An adult at risk of harm is a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their a) personal characteristics and/or b) life circumstances.

  1. a)      Personal characteristicsmay include, but are not limited to age, disability, special educational needs, illness, mental or physical frailty or impairment of, or disturbance in, the functioning of the mind or brain.
  2. b)     Life circumstancesmay include, but are not limited to, isolation, socio-economic factors and environmental living conditions.

An adult in need of protection is a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their:

Personal characteristics AND/OR Life circumstances AND;

  1. c)        who is unable to protect their own well-being, property, assets, rights or other interests; AND
  2. d)  where the action or inaction of another person or persons is causing, or is likely to cause, him/her to be harmed.

In order to meet the definition of an ‘adult in need of protection’ either (a) or (b) must be present, in addition to both elements (c), and (d)

Abuse and neglect

Abuse is a violation of an individual’s human and civil rights by another person or persons. It can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it. Any or all of the following types of abuse may be perpetrated as the result of deliberate intent, negligence, omission or ignorance.

There are different types and patterns of abuse and neglect and different circumstances in which they may take place.

Safeguarding legislation in each home nation lists categories of abuse differently however, they all include the following types of abuse:

  • Physical
  • Sexual
  • Psychological
  • Neglect
  • Financial

Abuse can take place in any relationship and there are many contexts in which abuse might take place; e.g. Institutional abuse, Domestic Abuse, Forced Marriage, Human Trafficking, Modern Slavery, Sexual Exploitation, County Lines, Radicalisation, Hate Crime, Mate Crime, Cyber bullying, Scams. Some of these are named specifically within home nation legislations.

Abuse can take place within a training context and the person causing harm might be any other person. For example: a member of staff or fellow learner.

Some examples of abuse include:

  • Harassment of a learner because of their (perceived) disability or other protected characteristics.
  • Not meeting the needs of the learner e.g. not allowing a learner to take a break required for health reasons.
  • A tutor controlling a learner with threats of withdrawal from their course.
  • A subcontractor who sends unwanted sexually explicit text messages to a learner with learning disabilities.
  • A learner threatening another with physical harm.

Abuse or neglect outside training could be carried out by:

  • A spouse, partner or family member
  • Neighbours or residents
  • Friends, acquaintances or strangers
  • People who deliberately exploit adults they perceive as vulnerable
  • Paid staff, professionals or volunteers providing care and support

Often the perpetrator is known to the adult and may be in a position of trust and/or power.

The Safeguarding Adults Legislation in each Home Country defines categories of adult abuse and harm as follows.

ENGLAND (CARE ACT 2014)

  • Physical
  • Sexual
  • Emotional/Psychological/Mental
  • Neglect and acts of Omission
  • Financial or material abuse
  • Discriminatory
  • Organisational / Institutional
  • Self-neglect
  • Domestic Abuse (including coercive control)
  • Modern slavery

SCOTLAND (ADULT SUPPORT AND PROTECTION ACT 2007)

  • Physical
  • Psychological
  • Financial
  • Sexual
  • Neglect

NORTHERN IRELAND (ADULT SAFEGUARDING PREVENTION AND PROTECTION IN PARTNERSHIP 2015)

  • Physical
  • Sexual violence
  • Psychological / emotional
  • Financial
  • Institutional
  • Neglect
  • Exploitation
  • Domestic violence
  • Human trafficking
  • Hate crime

WALES (SOCIAL SERVICES AND WELL BEING ACT 2014)

  • Physical
  • Sexual
  • Psychological
  • Neglect
  • Financial

Definitions of Abuse and Neglect

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 adult at risk has not consented, or could not consent or was coerced 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 forms of harassment, slurs or similar treatment because of race, gender and gender identity, age, disability, sexual orientation or religion.

Organisational abuse, including everything from individual acts of very poor professional practice to pervasive ill treatment, gross misconduct and systemic failure across a service.

Domestic abuse, including controlling and coercive behaviour, psychological, physical, sexual, financial, emotional abuse, female genital mutilation (FGM), forced marriage and “honour” based violence.

Modern slavery, encompasses slavery, human trafficking, forced labour and domestic servitude.

Self-neglect, this covers a wide range of behaviours, including neglecting to care for one’s personal hygiene, health or surroundings and includes behaviours such as hoarding.

Radicalisation, the abusive process whereby adults with care and support needs are radicalised.

Signs and Indicators of Abuse and Neglect

An adult may confide to a member of staff or another learner that they are experiencing abuse inside or outside of the organisation’s setting.  Similarly, others may suspect that this is the case.

There are many signs and indicators that may suggest someone is being abused or neglected.  There may be other explanations, but they should not be ignored.  The signs and symptoms include but are not limited to:

  • Unexplained bruises or injuries – or lack of medical attention when an injury is present.
  • Person has belongings or money going missing.
  • Person is not attending / no longer enjoying their sessions. You may notice that a learner has been missing from sessions and is not responding to reminders from tutors or other learners.
  • Someone losing or gaining weight / an unkempt appearance. This could be a learner whose appearance becomes unkempt, does not wear suitable clothing and there is a deterioration in hygiene.
  • A change in the behaviour or confidence of a person. For example, a learner may be looking quiet and withdrawn when their brother comes to collect them from sessions in contrast to their personal assistant whom they greet with a smile.
  • Self-harm.
  • A fear of a particular group of people or individual.
  • A parent/carer always speaks for the person and doesn’t allow them to make their own choices
  • They may tell you / another person they are being abused – i.e. a disclosure

Wellbeing Principle

The concept of ‘well-being’ is threaded throughout UK legislation and is part of the Law about how health and social care is provided.  Our well-being includes our mental and physical health, our relationships, our connection with our communities and our contribution to society.

Being able to live free from abuse and neglect is a key element of well-being.

The legislation recognises that statutory agencies have sometimes acted disproportionately in the past. For example, removing an adult at risk from their own home when there were other ways of preventing harm.  In the words of Justice Mumby ‘What good is it making someone safe when we merely make them miserable?’ What Price Dignity? (2010)

For that reason, any actions taken to safeguard an adult must take their whole well-being into account and be proportionate to the risk of harm.

Person Centred Safeguarding/Making Safeguarding Personal

The legislation also recognises that adults make choices that may mean that one part of our well-being suffers at the expense of another – for example we move away from friends and family to take a better job. Similarly, adults can choose to risk their personal safety; for example, to provide care to a partner with dementia who becomes abusive when they are disorientated and anxious.

None of us can make these choices for another adult. If we are supporting someone to make choices about their own safety we need to understand ‘What matters’ to them and what outcomes they want to achieve from any actions agencies take to help them to protect themselves.

The concept of ‘Person Centred Safeguarding’/’Making Safeguarding Personal’ means engaging the person in a conversation about how best to respond to their situation in a way that enhances their involvement, choice and control, as well as improving their quality of life, well-being and safety.  Organisations work to support adults to achieve the outcomes they want for themselves.  The adult’s views, wishes, feelings and beliefs must be taken into account when decisions are made about how to support them to be safe. There may be many different ways to prevent further harm.  Working with the person will mean that actions taken help them to find the solution that is right for them. Treating people with respect, enhancing their dignity and supporting their ability to make decisions also helps promote people’s sense of self-worth and supports recovery from abuse.

If someone has difficulty making their views and wishes known, then they can be supported or represented by an advocate.  This might be a safe family member or friend of their choice or a professional advocate (usually from a third sector organisation).

The Principles of Adult Safeguarding in Each Home Nation

ENGLAND (CARE ACT 2014)

The Act’s principles are:

  • Empowerment– People being supported and encouraged to make their own decisions and informed consent.
  • Prevention– It is better to take action before harm occurs.
  • Proportionality– The least intrusive response appropriate to the risk presented.
  • Protection– Support and representation for those in greatest need.
  • 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.

WALES (SOCIAL SERVICES AND WELL BEING ACT 2014)

The Act’s principles are:

  • Responsibility –Safeguarding is everyone’s responsibility.
  • Well-being – Any actions taken must safeguard the person’s well-being.
  • Person-centred approach – Understand what outcomes the adult wishes to achieve and what matters to them.
  • Voice and control – Expect people to know what is best for them and support them to be involved in decision making about their lives.
  • Language – Make an active offer of use of the Welsh language and use professional interpreters where other languages are needed.
  • Prevention – It is better to take action before harm occurs.

SCOTLAND (ADULT SUPPORT AND PROTECTION ACT 2007)

The Act’s principles are:

  • The overarching principle underlying Part 1 of the Act is that any intervention in an individual’s affairs should provide benefit to the individual and should be the least restrictive option of those that are available which will meet the purpose of the intervention.
  • This is supported by a set of guiding principles which, together with the overarching principle, must be taken account of when performing functions under Part 1 of the Act. These are:
  • The wishes and feelings of the adult at risk (past and present);
  • The views of other significant individuals, such as the adult’s nearest relative; their primary carer, guardian, or attorney; or any other person with an interest in the adult’s well-being or property;
  • The importance of the adult taking an active part in the performance of the function under the Act;
  • Providing the adult with the relevant information and support to enable them to participate as fully as possible;
  • The importance of ensuring that the adult is not treated less favourably than another adult in a comparable situation; and
  • The adult’s abilities, background and characteristics (including their age, sex, sexual orientation, gender, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage).

Northern Ireland (Adult Safeguarding Prevention and Protection in Partnership 2015)

The Act’s principles are:

  • A Rights-Based Approach – To promote and respect an adult’s right to be safe and secure; to freedom from harm and coercion; to equality of treatment; to the protection of the law; to privacy; to confidentiality; and freedom from discrimination.
  • An Empowering Approach – To empower adults to make informed choices about their lives, to maximise their opportunities to participate in wider society, to keep themselves safe and free from harm and enabled to manage their own decisions in respect of exposure to risk.
  • A Person-Centred Approach – To promote and facilitate full participation of adults in all decisions affecting their lives taking full account of their views, wishes and feelings and, where appropriate, the views of others who have an interest   safety and well-being.
  • A Consent-Driven Approach – To make a presumption that the adult has the ability to give or withhold consent; to make informed choices; to help inform choice through the provision of information, and the identification of options and alternatives; to have particular regard to the needs of individuals who require support with communication, advocacy or who lack the capacity to consent; and intervening in the life of an adult against his or her wishes only in particular circumstances, for very specific purposes and always in accordance with the law.
  • A Collaborative Approach – To acknowledge that adult safeguarding will be most effective when it has the full support of the wider public and of safeguarding partners across the statutory, voluntary, community, independent and faith sectors working together and is delivered in a way where roles, responsibilities and lines of accountability are clearly defined and understood. Working in partnership and a person-centred approach will work hand-in-hand.

Mental Capacity and Decision Making

We make many decisions every day, often without realising.  UK Law assumes that all people over the age of 16 have the ability to make their own decisions, unless it has been proved that they can’t.  It also gives us the right to make any decision that we need to make and gives us the right to make our own decisions even if others consider them to be unwise.

We make so many decisions that it is easy to take this ability for granted.  The Law says that to make a decision we need to:

  • Understand information
  • Remember it for long enough
  • Think about the information
  • Communicate our decision

A person’s ability to do this may be affected by things such as learning disability, dementia, mental health needs, acquired brain injury and physical ill health.

Most adults have the ability to make their own decisions given the right support however, some adults with care and support needs have the experience of other people making decisions about them and for them.

Some people can only make simple decisions like which colour T-shirt to wear or can only make decisions if a lot of time is spent supporting them to understand the options.  If someone has a disability that means they need support to understand or make a decision this must be provided.  A small number of people cannot make any decisions.  Being unable to make a decision is called “lacking mental capacity”.

Mental capacity refers to the ability to make a decision at the time that decision is needed.  A person’s mental capacity can change.  If it is safe/possible to wait until they are able to be involved in decision making or to make the decision themselves.

For example:

  • A person with epilepsy may not be able to make a decision following a seizure.
  • Someone who is anxious may not be able to make a decision at that point.
  • A person may not be able to respond as quickly if they have just taken some medication that causes fatigue.

Mental Capacity is important for safeguarding for several reasons.

Not being allowed to make decisions one is capable of making is abuse.  For example, a disabled adult may want to take part in an activity but their parent who is their carer won’t allow them to and will not provide the support they would need.  Conversely the adult may not seem to be benefiting from an activity other people are insisting they do.

Another situation is where an adult is being abused and they are scared of the consequences of going against the views of the person abusing them.  It is recognised in the law as coercion and a person can be seen not to have mental capacity because they cannot make ‘free and informed decisions’.

Mental Capacity must also be considered when we believe abuse or neglect might be taking place.  It is important to make sure an ‘adult at risk’ has choices in the actions taken to safeguard them, including whether or not they want other people informed about what has happened. However, in some situations the adult may not have the mental capacity to understand the choice or to tell you their views.

Each home nation has legislation that describes when and how we can make decisions for people who are unable to make decisions for themselves.  The principles are the same.

  • We can only make decisions for other people if they cannot do that for themselves at the time the decision is needed.
  • If the decision can wait, wait – e.g. to get help to help the person make their decision or until they can make it themselves.
  • If we have to make a decision for someone else then we must make the decision in their best interests (for their benefit) and take into account what we know about their preferences and wishes.
  • If the action we are taking to keep people safe will restrict them then we must think of the way to do that which restricts to their freedom and rights as little as possible.

Many potential difficulties with making decisions can be overcome with preparation.  A person needing support to help them make decisions whilst taking part in an organisation will ordinarily be accompanied by someone e.g. a family member or formal carer whose role includes supporting them to make decisions.

It is good practice to get as much information about the person as possible.  Some people with care and support needs will have a ‘One page profile’ or a ‘This is me’ document that describes important things about them.  Some of those things will be about how to support the person, their routines, food and drink choices etc. but will also include things they like and don’t like doing.  It’s also important to have an agreement with the person who has enrolled the adult in the training course about how different types of decisions will be made on a day-to-day basis.

If a person who has a lot of difficulty making their own decisions is thought to be being abused or neglected you will need to refer the situation to the Local Authority, and this should result in health or social care professionals making an assessment of mental capacity and/or getting the person the support they need to make decisions.

There may be times when an organisation needs to make decisions on behalf of an individual in an emergency.  Decisions taken in order to safeguard an adult who cannot make the decision for themselves could include:

  • Sharing information about safeguarding concerns with people that can help protect them.
  • Stopping them being in contact with the person causing harm.

Recording and Information Sharing

All organisations must comply with the Data Protection Act (DPA) and the General Data Protection Regulations (GDPR).

Information about concerns of abuse includes personal data.  It is therefore important to be clear as to the grounds for processing and sharing information about concerns of abuse.

Processing information includes record keeping. Records relating to safeguarding concerns must be accurate and relevant.  They must be stored confidentially with access only to those with a need to know.

Sharing information, with the right people, is central to good practice in safeguarding adults. However, information sharing must only ever be with those with a ‘need to know’. This does NOT automatically include the persons spouse, partner, adult, child, unpaid or paid carer.  Information should only be shared with family and friends and/or carers with the consent of the adult or if the adult does not have capacity to make that decision and family/ friends/ carers need to know in order to help keep the person safe.
The purpose of Data Protection legislation is not to prevent information sharing but to ensure personal information is only shared appropriately.  Data protection legislation allows information sharing within an organisation. For example:

  • Anyone who has a concern about harm can make a report to an appropriate person within the same organisation
  • Case management meetings can take place to agree to co-ordinate actions by the organisation

There are also many situations in which it is perfectly legal to share information about adult safeguarding concerns outside the organisation. Importantly personal information can be shared with the consent of the adult concerned.  However, the adult may not always want information to be shared.  This may be because they fear repercussions from the person causing harm or are scared that they will lose control of their situation to statutory bodies or because they feel stupid or embarrassed. Their wishes should be respected unless there are over-riding reasons for sharing information.

The circumstances when we need to share information without the adult’s consent include those where:

  • it is not safe to contact the adult to gain their consent – i.e. it might put them or the person making contact at further risk.
  • you believe they or someone else is at risk, including children.
  • you believe the adult is being coerced or is under duress.
  • it is necessary to contact the police to prevent a crime, or to report that a serious crime has been committed.
  • the adult does not have mental capacity to consent to information being shared about them.
  • the person causing harm has care and support needs.
  • the concerns are about an adult at risk living in Wales or Northern Ireland (where there is a duty to report to the Local Authority).

When information is shared without the consent of the adult this must be explained to them, when it is safe to do so, and any further actions should still fully include them.

If you are in doubt as to whether to share information, seek advice e.g. seek legal advice and/or contact the Local Authority and explain the situation without giving personal details about the person at risk or the person causing harm.

Any decision to share or not to share information with an external person or organisation must be recorded together with the reasons to share or not share information.

Multi-agency Working

Safeguarding adults’ legislation gives the lead role for adult safeguarding to the Local Authority.  However, it is recognised that safeguarding can involve a wide range of organisations.

Organisations may need to cooperate with the Local Authority and the Police including to:

  • Provide more information about the concern you have raised.
  • Provide a safe venue for the adult to meet with other professionals e.g. Police/Social Workers/Advocates.
  • Attend safeguarding meetings.
  • Coordinate internal investigations (e.g. complaints, disciplinary) with investigations by the police or other agencies.
  • Share information about the outcomes of internal investigations.
  • Provide a safe environment for the adult to continue their activity/ their role in the organisation.

SECTION 3: APPENDICES

APPENDIX 1 – ROLE DESCRIPTION: DESIGNATED SAFEGUARDING LEAD

The Designated Safeguarding Lead within the organisation [Joanna Mulgrew, Managing Director] has primary responsibility for putting into place procedures to safeguard adults at risk, supporting the Deputy Designated Safeguarding Lead [Olivia Woodhams, Skills & Quality Assurance Manager], where relevant, and for managing concerns about adults at risk.

Duties and responsibilities include:

  • Working with others within the organisation to create a positive inclusive environment within the organisation.
  • Play a lead role in developing and establishing the organisation’s approach to safeguarding adults and in maintaining and reviewing the organisation’s implementation plan for safeguarding adults in line with current legislation and best practice.
  • Coordinate the dissemination of the safeguarding adult policy, procedures and resources throughout the organisation.
  • Contribute to ensuring other policies and procedures are consistent with the organisation’s commitment to safeguarding adults.
  • Advise on the organisation’s training needs and the development of its training strategy.
  • Receive reports of and manage cases of poor practice and abuse reported to the organisation – including an appropriate recording system.
  • Support the chair to co-ordinate the case management process.
  • Manage liaison with, and referrals to, external agencies for example adult social-care services and the police.
  • Create a central point of contact for internal and external individuals and agencies concerned about the safety of adults within the organisation.
  • Provide advice and support to regional/county safeguarding/ welfare officers and play a lead role in their recruitment, selection and training.
  • Represent the organisation at external meetings related to safeguarding.

APPENDIX 2 – CASE MANAGEMENT

HBXL as a private Training Provider of adults does not have in place a formal Case Management Group with identified and relevant skills, however the Designated Safeguarding/Case Management Lead, Deputy Designated Safeguarding Lead and all trainers have attended a Safeguarding Adults Course which sets out the roles and responsibilities everyone must undertake to protect an adult’s right to live in safety, free from abuse and neglect. The trainer and the organisation (HBXL Group) must take appropriate and proportional measures necessary for the protection of adults in our care, while still ensuring they are supported and empowered to have control over how they want to live their lives.

A Case Management Lead [Joanna Mulgrew, Managing Director] will be informed of any safeguarding concerns, and together with the Deputy Safeguarding Lead [Olivia Woodhams, Deputy Safeguarding Lead], as appropriate, will liaise with both appropriate authorities, and seek legal advice from their retained lawyers. Together the Case Management Lead and Deputy Designated Safeguarding Lead will form a Case Management group.

The group’s role and decision-making powers need to be embedded within the organisation’s governance structure and be linked to related organisational functions such as codes of conduct, and the disciplinary policy and procedures.

The senior management team and HBXL Group Board should receive regular reports from the Case Management Lead summarising the cases that have been addressed and their outcomes, as well as any issues that require action by HBXL Group e.g. changes to policy or procedures.

Case Management Groups should have clear terms of reference and HBXL Group’s will be brought together as the need arises.

Case Management Group roles include:

  • to ratify any actions already taken by the Designated Safeguarding Lead.
  • to initially assess and agree immediate response to a safeguarding case (does there appear to be a case to answer?).
  • to identify appropriate ‘route’ for case (e.g. internal/ disciplinary action alone or referral to statutory agencies plus internal/ disciplinary action).
  • to decide the level (from local to national) at which the organisation will deal with the concern.
  • to consider the need for temporary/ interim suspension order (some organisations’ Case Management Group issue suspensions directly, while others can only make recommendations to their disciplinary group).
  • to review progress of case(s).
  • to identify/ communicate learning from cases.

Case Management Groups’ membership should include:

  • A designated Chair (the Case Management Lead)
  • A secretary (often the Deputy Designated Safeguarding Lead).
  • Mangers from relevant parts of the organisation where appropriate e.g. Human Resources, Membership, Legal.
  • Co-opted independent safeguarding expertise (e.g. from another relevant profession such as the Police or Social services).

APPENDIX 3 – SOURCES OF INFORMATION AND SUPPORT

ACTION ON ELDER ABUSE

A national organisation based in London. It aims to prevent the abuse of older people by raising awareness, encouraging education, promoting research and collecting and disseminating information.
Tel: 020 8765 7000
Email: enquiries@elderabuse.org.uk
www.elderabuse.org.uk

ANN CRAFT TRUST (ACT)

A national organisation providing information and advice about adult safeguarding. ACT have a specialist Safeguarding Adults in Sport and Activity team to support the sector.
Tel: 0115 951 5400
Email:Ann-Craft-Trust@nottingham.ac.uk
www.anncrafttrust.org

MEN’S ADVICE LINE

For male domestic abuse survivors
Tel: 0808 801 0327

NATIONAL LGBT+ DOMESTIC ABUSE HELPLINE

Tel: 0800 999 5428

NATIONAL 24 HOUR FREEPHONE DOMESTIC ABUSE HELPLINES

England

Tel: 0808 2000 247
www.nationaldahelpline.org.uk/Contact-us

Scotland

Tel: 0800 027 1234
Email: helpline@sdafmh.org.uk
Web chat: sdafmh.org.uk

Northern Ireland

Tel: 0808 802 1414
www.dsahelpline.org
Twitter: www.twitter.com/dsahelpline
Facebook: www.facebook.com/dsahelpline

Wales

Llinell Gymorth Byw HebOfn/ Live free from fear helpline
Tel: 0808 8010 800Type Talk: 18001 0808 801 0800
Text: 078600 77 333

RAPE CRISIS FEDERATION OF ENGLAND AND WALES

Rape Crisis was launched in 1996 and exists to provide a range of facilities and resources to enable the continuance and development of Rape Crisis Groups throughout Wales and England.
Email: info@rapecrisis.co.uk
www.rapecrisis.co.uk

RESPOND

Respond provides a range of services to victims and perpetrators of sexual abuse who have learning disabilities and training and support to those working with them.
Tel: 020 7383 0700 or
0808 808 0700 (Helpline)
Email: services@respond.org.uk
www.respond.org.uk

STOP HATE CRIME

Works to challenge all forms of Hate Crime and discrimination, based on any aspect of an individual’s identity. Stop Hate UK provides independent, confidential and accessible reporting and support for victims, witnesses and third parties.
24 hours service:
Telephone: 0800 138 1625
Web Chat: www.stophateuk.org/talk-to-us/
E mail: talk@stophateuk.org
Text: 07717 989 025
Text relay: 18001 0800 138 1625
By post: PO Box 851, Leeds LS1 9QS

SUSY LAMPLUGH TRUST

The Trust is a leading authority on personal safety. Its role is to minimise the damage caused to individuals and to society by aggression in all its forms – physical, verbal and psychological.
Tel: 020 83921839
Fax: 020 8392 1830
Email: info@suzylamplugh.org
www.suzylamplugh.org

VICTIM SUPPORT

Provides practical advice and help, emotional support and reassurance to those who have suffered the effects of a crime.
Tel: 0808 168 9111
www.victimsupport.com
Women’s Aid Federation of England and Wales
Women’s Aid is a national domestic violence charity. It also runs a domestic violence online help service.
www.womensaid.org.uk/information-support