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Results for:1.1 Sussex Safeguarding Adults Policy
1.1.5 Key principles informing this policy - Six key principles underpin all adult safeguarding work. They apply to all sectors and settings including: care and support services, further education colleges, commissioning, regulation and provision of health and care services, social work, healthcare, welfare benefits, housing, wider l1.1 Sussex Safeguarding Adults Policy
1.1.3 Multi-agency working - Multi-agency working and safeguarding Multi-agency working refers to a way of working that involves professionals from different agencies collaboratively combining their skills, expertise and knowledge, with the joint goal of meeting an individual’s needs, including multiple and compound1.1 Sussex Safeguarding Adults Policy
1.1.4 Making Safeguarding Personal - Making Safeguarding Personal (MSP) is a national approach to promote responses to safeguarding situations in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing and safety. It is about seeing people as experts in their own lives and working a1.1 Sussex Safeguarding Adults Policy
1.1.2 Statutory safeguarding principles - The Care Act safeguarding duties apply to an adult who: has needs for care and support (whether or not the local authority is meeting any of those needs), is experiencing, or at risk of, abuse or neglect, as a result of those care and support needs is unable to protect themselves from eit1.1 Sussex Safeguarding Adults Policy
1.1.1 Introduction - The Care Act 2014 was a major step forward in safeguarding adults who are experiencing, or are at risk of, abuse or neglect, and are unable to protect themselves. Sections 42 to 47 of the Care Act set out the legal duties and responsibilities in relation to adult safeguarding. The legal f2.1 Sussex Safeguarding Adults Procedures
2.1.3 Promoting wellbeing - All organisations working with adults who are, or may be at risk of, abuse and neglect, must aim to ensure that adults in their care remain safeguarded from harm. This should underpin every activity through effective safeguarding adults work. The Care Act states that local authorities must2.10 Adult Safeguarding and Sharing Information
2.10.2 Why do we need to share adult safeguarding information? - Organisations need to share safeguarding information with the right people at the right time to: Prevent death or serious harm. Coordinate effective and efficient responses. Enable early interventions to prevent the escalation of risk. Prevent abuse and harm that may increase the need for2.10 Adult Safeguarding and Sharing Information
2.10.1 Introduction - This section focuses on the sharing of sensitive or personal information between the local authority and its safeguarding partners (including General Practitioners and health, the police, service providers, housing, regulators and the Office of the Public Guardian) for safeguarding purpose2.1 Sussex Safeguarding Adults Procedures
2.1.2 Prevention in safeguarding - The most effective way to safeguard adults from abuse is to enable them to safeguard themselves. For some people this may involve their own support networks, or support or care services, depending on their individual circumstances. Effective prevention in safeguarding is not about over2.1 Sussex Safeguarding Adults Procedures
2.1.1 Preventing harm and abuse - This section outlines a range of strategies and considerations about the prevention of abuse and neglect of adults, from raising public awareness, to utilising approaches that empower the individual to be able to recognise, address and report abuse.2.10 Adult Safeguarding and Sharing Information
2.10.3 What if an adult does not want their information shared? - Frontline workers and volunteers should always share safeguarding concerns in line with their organisation’s policy, usually with their line manager or safeguarding lead in the first instance, except in emergency situations. As long as it does not increase the risk to the adult, the memb2.10 Adult Safeguarding and Sharing Information
2.10.4 How to improve communication and joint working - Safeguarding Adults Reviews frequently highlight failures between safeguarding partners (local authorities, General Practitioners and health, the police, housing, care providers) to communicate and work jointly. Such failures can lead to serious abuse and harm and in some cases, even death2.2 Recognising and Reporting Abuse and Neglect
2.2.5 Consent and empowerment of the adult when raising a safeguarding concern - A Making Safeguarding Personal approach is about ensuring adults have their right to make decisions about their own lives. As a general principle, no action should be taken for, or on behalf of, any adult without first obtaining their consent. If the adult is not the person raising the s2.2 Recognising and Reporting Abuse and Neglect
2.2.6 What happens next? - When the local authority receives a safeguarding concern they will check to see if they already have any other information that would help determine how best to support the adult and address any immediate risks. This will also take account of the adult’s wishes and what they want to ha2.2 Recognising and Reporting Abuse and Neglect
2.2.2 Who may be at risk of abuse or neglect? - Under the Care Act 2014, specific adult safeguarding duties apply to any adult (18 years or over) who: has care and support needs and, is experiencing, or is at risk of, abuse or neglect and, is unable to protect themselves because of their care and support needs. Local authorities also2.2 Recognising and Reporting Abuse and Neglect
2.2.3 Scenarios in which abuse may take place - Controlling or coercive behaviour is a range of acts designed to make a person subordinate and / or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape a2.2 Recognising and Reporting Abuse and Neglect
2.2.1 Introduction - This section sets out the signs of abuse and neglect, the contexts in which this takes place, and details the process for raising safeguarding concerns. Everyone is responsible for preventing abuse by raising any concerns they have – it really is ‘Everyone’s Business’. No-one shoul2.2 Recognising and Reporting Abuse and Neglect
2.2.4 Raising a safeguarding concern - Anybody can raise a safeguarding concern for themselves or for another person. What is a safeguarding concern? A ‘safeguarding concern’ is when any person has a reasonable cause to believe that: an adult has needs for care and support and, may be experiencing, or is at risk of abuse2.3 Receiving Concerns and Undertaking Enquiries
2.3.6 Safeguarding meetings - Safeguarding meetings may be the best way to ensure effective co-ordination of different aspects of an enquiry that relate directly to the adult or decisions that affect them. There are circumstances when a meeting should be considered such as: Responding to self-neglect. Risk sharing and2.3 Receiving Concerns and Undertaking Enquiries
2.3.12 Concluding a safeguarding enquiry - The local authority can conclude the safeguarding enquiry whilst other related proceedings are ongoing, for example in relation to a police investigation or other disciplinary processes. In these situations the local authority should consider what monitoring arrangements are necessary and2.3 Receiving Concerns and Undertaking Enquiries
2.3.11 Working with the person thought to be the cause of risk - In undertaking the enquiry, there needs to be consideration of how best to involve a person thought to be the cause of risk taking into account any risks to the adult. If there is a criminal investigation the plan for this will be led by the police. If the cause of risk is a person in a po2.3 Receiving Concerns and Undertaking Enquiries
2.3.10 Identifying outcomes - Conversations should happen with the adult at the earliest opportunity, enabling and supporting them to identify achievable outcomes so that their views, wishes, feelings and beliefs are central in decisions about how to proceed. A Making Safeguarding Personal approach is about talking thr2.3 Receiving Concerns and Undertaking Enquiries
2.3.9 Involving an adult in an enquiry - The adult should always be involved from the beginning of the enquiry, unless there are exceptional circumstances that would increase the risk of abuse or harm. The right to safety has to be balanced with other rights: such as rights to liberty and autonomy, and the right to family life. T2.3 Receiving Concerns and Undertaking Enquiries
2.3.7 The local authority causing others to make enquiries - The local authority has the lead co-ordinating role for all safeguarding enquiries but can cause enquiries to be made by another organisation or agency. Causing an enquiry to be made is distinct from requesting actions from another organisation as part of an enquiry being carried out by th2.3 Receiving Concerns and Undertaking Enquiries
2.3.5 Assessing and managing risks - The assessment and management of risk is an integral part of adult safeguarding. It should be dynamic and ongoing throughout the safeguarding enquiry and reviewed so that adjustments can be made in response to changes in the level and nature of risk. Practitioners should adopt a flexible2.3 Receiving Concerns and Undertaking Enquiries
2.3.4 Interface with other investigations and reviews - It may be necessary to consider whether the safeguarding enquiry meets the criteria for other investigations and reviews. Investigations that may need to be co-ordinated with a safeguarding enquiry could include: Criminal Investigations There may also be criminal investigation running co2.3 Receiving Concerns and Undertaking Enquiries
2.3.3 Undertaking a safeguarding enquiry - When the local authority undertakes a safeguarding enquiry, it is important that the next steps are effectively planned and coordinated. The purpose of planning the enquiry is to agree upon an action plan which clarifies the main focus of the enquiry, who should carry out specific actions,2.3 Receiving Concerns and Undertaking Enquiries
2.3.2 Responding to safeguarding concerns - When the local authority receives a safeguarding concern it will initially check if any action is required to address immediate risks, for example by contacting emergency services if there is an imminent serious or life threatening risk to the adult or others. The Care Act places a duty on2.3 Receiving Concerns and Undertaking Enquiries
2.3.1 Introduction - This section outlines the framework which should be followed when responding to safeguarding concerns and undertaking enquiries. It sets out the expectations regarding the standards, roles and responsibilities of agencies and organisations and practice of staff and managers involved in saf2.3 Receiving Concerns and Undertaking Enquiries
2.3.8 Safeguarding where there is a health / clinical concern - Where safeguarding concerns of a clinical nature have been raised, the Local Authority will consider the need for a safeguarding response under Section 42 of the Care Act. The provider of the service or employing organisation are expected to respond without delay to any identified risk a2.4 Safeguarding and Criminal Investigations
2.4.11 Information sharing within criminal investigations - If a safeguarding enquiry has a criminal element to it, information may need to be shared between agencies. The police have a general power at common law to disclose information for the prevention, detection, and reduction of crime. Section 115 of the Crime and Disorder Act 1998 establ2.4 Safeguarding and Criminal Investigations
2.4.12 Principles of preserving evidence - The preservation of forensic evidence is time critical. Much can be lost from the victim within the first few hours through activities such as washing, using the toilet, eating, smoking or other forms of contact. Therefore, to maximise the opportunities for forensic recovery and remove t2.4 Safeguarding and Criminal Investigations
2.4.9 Vulnerable Victim Fraud - It is recognised that some types of offending disproportionately affect some groups of people who are vulnerable but who do not lack capacity. Fraud is a hidden and under-reported crime, with victims often in denial or unaware of the criminality behind it. Increasingly fraud is becoming mo2.4 Safeguarding and Criminal Investigations
2.4.10 Multi-agency Public Protection Arrangements - Multi-Agency Public Protection Arrangements (MAPPA) are in place to ensure the successful management of violent and sexual offenders. The MAPPA guidance sets out the responsibilities of the police, probation trusts and prison service. The Lead Enquiry Officer should be aware of this gui2.4 Safeguarding and Criminal Investigations
2.4.5 Safeguarding Investigation Units - Sussex Police has established specialist Safeguarding Investigation Units (SIUs) within each local authority area. These teams manage both the criminal and safeguarding aspects of investigations involving child and adult abuse, high risk domestic abuse, rape, and serious sexual offences. O2.4 Safeguarding and Criminal Investigations
2.4.7 Appropriate Adults - If a vulnerable adult is detained or questioned in relation to a suspected crime, the police are required to consider whether the services of an Appropriate Adult are necessary:2.4 Safeguarding and Criminal Investigations
2.4.4 Safeguarding enquiries and criminal investigations - Where the local authority receives a safeguarding concern from a third-party agency or individual, consideration should be given if the information indicates that a criminal offence has or may have been committed. Where a criminal offence has, or may have, been committed and there is any2.4 Safeguarding and Criminal Investigations
2.4.8 Sexual Assault Referral Centre - A Sexual Assault Referral Centre (SARC) provides services to victims/survivors of rape or sexual assault regardless of whether the survivor/victim chooses to report the offence to the police or not. Sexual Assault Referral Centres, in Sussex this is the Saturn Centre, are designed to be co2.4 Safeguarding and Criminal Investigations
2.4.3 Consent - Wherever practicable, the consent of the adult affected should be sought before reporting a suspected crime to the police. ‘However, if an adult does not give consent but discloses a suspected crime to their professional, it is the professional’s responsibility to consider reporting2.4 Safeguarding and Criminal Investigations
2.4.2 Suspected Criminal Offences - The primary focus must be to ensure the safety and well-being of the adult who is alleged to have been harmed. In an emergency situation call the police / ambulance immediately on 999. Anyone can report a crime or suspected crime to police – This can be done by calling 101 or online at2.4 Safeguarding and Criminal Investigations
2.4.1 Introduction - This section outlines the interface between safeguarding adult’s procedures and criminal investigations, clarifying the expectations regarding the roles and responsibilities of the local authority and police when working in partnership during enquiries concerning abuse or neglect. Everyo2.4 Safeguarding and Criminal Investigations
2.4.6 Achieving Best Evidence interviews - Achieving Best Evidence (ABE) is the national approach to securing evidence or accounts from vulnerable witnesses / victim by means of video recorded interviews (often referred to as ABEs). Sussex Police will adhere to the Authorised Professional Practice (College of Policing) in relation2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.6 Referrals to professional bodies - Where the conduct of a person registered with a professional body has been the subject of an enquiry, a referral to that professional body should be considered. Professional bodies could include: the Health and Care Professions Council (HCPC), Nursing and Midwifery Council (NMC) and Genera2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.5 Referrals to the Disclosure and Barring Service - The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including adults or children. The Disclosure and Barring Service bars some people from working in a regulated service, and maintains2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.4 Interface with employers' responsibilities and safeguarding enquiries - The local authority has lead responsibility for the safeguarding enquiries undertaken, whilst the employer is responsible for investigating allegations involving its employees, informing the employee of the concerns if appropriate, and advising them what will happen in accordance with its2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.3 Responsibilities of all employers - Employers have both a duty to the adult with care and support needs and a responsibility to take action when allegations are made against an employee. Individual organisations, including student bodies and voluntary organisations, are responsible for responding to allegations regarding any2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.2 Conduct or behaviours which may pose a risk to adults - Some allegations may indicate that a risk could be posed to an adult, or adults, with care and support needs by a person in a position of trust. Examples of such concerns include allegations that a person in a position of trust has: behaved in a way that has abused, or may have abused an2.5 Safeguarding and Managing Allegations against People in Positions of Trust
2.5.1 Introduction - This section sets out the safeguarding requirements for managing allegations against people in positions of trust and references the Care Act 2014 Statutory Guidance on Managing Allegations regarding a Person in a Position of Trust. The Care Act 2014 requires the local authority, relevant2.6 Safeguarding and Quality of Care
2.6.2 Responsibilities for quality in care and support services - The Care and Support Statutory Guidance outlines that safeguarding enquiries are not a substitute for: Providers’ responsibilities to provide safe and high quality care and support. Commissioners regularly assuring themselves of the safety and effectiveness of commissioned services. The2.6 Safeguarding and Quality of Care
2.6.3 When do concerns about quality require a safeguarding concern to be raised with the local authority? - Care providers need to consider whether any incident or concern should be raised as a safeguarding concern and reported to the local authority, and to other organisations such as their regulator, the Care Quality Commission and commissioners. The care provider will also need to consider if2.6 Safeguarding and Quality of Care
2.6.1 Introduction - This section considers issues regarding the interface between quality of care and safeguarding in health and social care settings. It sets out how commissioners work with providers so that adults receive high quality safe services, and details how good communication and effective contrac2.6 Safeguarding and Quality of Care
2.6.4 Responding to organisational abuse - Organisational abuse is a broad concept and is not just applicable to high profile cases, for example Winterbourne. It is an umbrella term defined as, "the mistreatment or abuse or neglect of an adult at risk by a regime or individual’s within settings and services that adults at risk li2.7 Safeguarding and Domestic Abuse
2.7.7 Assessing and managing risks - An assessment of risk should take place in all situations where an adult with care and support needs is experiencing domestic abuse and abuse. Comprehensive, accurate and well-informed risk assessments are fundamental to good practice. A thorough risk assessment enables the adult2.7 Safeguarding and Domestic Abuse
2.7.8 Specialist services - Victim Support - Brighton and Hove The specialist domestic abuse service in Brighton and Hove is provided by Victim Support. Website: www.victimsupport.org.uk/resources/sussex Telephone: 0300 323 9985 Email: sevcu.referrals@victimsupport.cjsm.net Change, Grow, Live (CGL) – East Su2.7 Safeguarding and Domestic Abuse
2.7.6 Responding to disclosures and safe enquiries - Responding to disclosures Where domestic abuse is disclosed, it is important to deal with any immediate needs the person may have such as seeking medical help, police assistance, and access to domestic abuse services that can provide immediate support. If a person is in immediate danger, d2.7 Safeguarding and Domestic Abuse
2.7.5 Consent and capacity in relation to domestic abuse - The Mental Capacity Act 2005 contains a range of safeguards and legal approaches, which can be used to support people experiencing domestic abuse. Assessing capacity can be particularly challenging in situations involving domestic abuse and abuse, where the adult is cared for, or lives wit2.7 Safeguarding and Domestic Abuse
2.7.4 Working with people experiencing domestic abuse - Both the local arrangements for responding to domestic abuse and the safeguarding adult’s procedures will apply in situations where an adult who has care and support needs ( they do not need to be receiving support for those needs) that prevent them from safeguarding themselves is experi2.7 Safeguarding and Domestic Abuse
2.7.3 Risk to Others - Professionals or agencies working with adults have a key role in identifying others who may be at risk. Everyone must be aware that in situations in which there is a concern that an adult may be experiencing abuse and there are children in the same household, they too could be at risk.2.7 Safeguarding and Domestic Abuse
2.7.2 Understanding definitions of domestic abuse - The Domestic Abuse Act came into effect in April 2021 and gives police, local authorities and the courts wider powers and greater accountability concerning the protection of people experiencing domestic abuse. The language in the Domestic Abuse Act has changed from domestic violence to d2.7 Safeguarding and Domestic Abuse
2.7.1 Introduction - This section contains information about the approaches and legal frameworks which can be used to support individuals who are experiencing domestic abuse. No single agency can address all the needs of people experiencing, affected by, or perpetrating domestic abuse. For intervention to be e2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.11 Self-neglect: checklist for practitioners - This checklist is not exhaustive; it is intended to be used as a guide throughout the process for the manager and / or practitioner to be able to reflect on the self-neglecting situation. The checklist can be used as a tool at the planning or closing stage or during supervision as an aide2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.10 Legal remedies and other options - Refer to Appendix 1: Legal Remedies.2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.9 Multi-agency review meeting - If significant and ongoing risk remains, it may be necessary to convene a multi-agency review meeting. This review is an opportunity to revisit the original assessment and safeguarding or support plan, particularly in relation to: current functioning, risk assessment, and known or potenti2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.8 Comprehensive assessment of neglect (including risk assessment) - Following the multi-agency planning meeting, assessments should be brought together in one place so each professional involved will have an understanding of the links between their own involvement, and that of others. The impact the adult’s various care needs have on their functioning al2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.7 Collaborative multi-agency working - Multi-agency meetings These procedures apply to all multi-agency meetings arranged in response to self-neglect whether they are taken into a safeguarding enquiry under Section 42 of the Care Act or managed outside of this. Given the complex nature of self-neglect, responses by a range of o2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.1 Introduction - Self-neglect covers a wide range of situations and behaviours. It can be linked to numerous factors including: physical health problems, mental health problems, substance misuse, psychological and social factors, diminished social networks, personality traits, traumatic histories and life2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.5 Working with adults who self-neglect - The starting point should be the adoption of a person-centred approach and engaging with the adult who is self-neglecting. This will support their right to be treated with respect and dignity, and to be in control of and, as far as possible, to lead an independent life. Key principles of e2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.4 Self-neglect: signs and causes - Self-neglect is “the inability (intentional or non-intentional) to maintain a socially and culturally accepted standard of self-care with the potential for serious consequences to the health and well-being of the adult and potentially to their community” (Gibbons, 2006). Self-neglect c2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.6 Self-neglect and mental capacity - The Mental Capacity Act 2005 (MCA) is crucial in determining what action may or may not be taken in self-neglect cases. The MCA is designed to protect those who cannot make decisions for themselves, and is underpinned by human rights principles which aim to ensure its provisions are applie2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.2 Flowchart - Overview of the self-neglect process in Sussex - Flowchart - Overview of self-neglect process in Sussex See section 2.3 of the Sussex Safeguarding Adults Policy and Procedures for more information on Section 42 enquiries.2.8 Sussex Multi-agency Procedures to Support Adults who Self-neglect
2.8.3 Self-neglect and the Care Act 2014 - The Care Act 2014 formally recognises self-neglect as a category of abuse and places a duty of co-operation on all agencies to work together to establish systems and processes for working with adults who are self-neglecting. The Care Act emphasises the importance of early intervention and2.9 Safeguarding and Prevent
2.9.1 Prevent - Prevent duty guidance: England and Wales (2023) published on 7 September 2023 under Section 29 of the Counter-Terrorism and Security Act (CTSA) 2015 came into force on 31 December 2023, replacing the 2015 guidance which came into force in July 2015. The statutory guidance is intended for u2.9 Safeguarding and Prevent
2.9.2 Channel - The Counter Terrorism and Security Act 2015 placed 'Channel' i.e arrangements to safeguard and support people from being drawn into terrorism as a statutory duty. Having a Channel Panel is a statutory duty placed on local authorities and all partners have a 'Duty to Co-operate' as far as2.9 Safeguarding and Prevent
2.9.3 Making a referral - Anyone can make a Prevent referral if they have concerns about someone. When a referral is made, information is gathered to look at the context surrounding concerning behaviour changes and to conduct a Prevent Assessment Framework. In most cases referrals are signposted to other services,2.9 Safeguarding and Prevent
2.9.4 Resources - https://www.sussex.police.uk/advice/advice-and-information/t/terrorism-in-the-uk/ ACT Early – Acting Early Counters Terrorism https://actearly.uk/ You can also learn more about Prevent by undertaking free Home Office e-learning training https://www.elearning.prevent.homeoffice.gov.uk/e3.1 Legislation, National Guidance and Toolkits
3.1.14 Inter-Authority Safeguarding Arrangements - ADASS Inter-Authority Safeguarding Arrangements (ADASS, 2016) This guidance sets out the policy for responding to safeguarding concerns which involve cross-boundary considerations. The guidance clarifies actions to be taken when the funding / commissioning responsibility for an adult lies3.1 Legislation, National Guidance and Toolkits
3.1.4 Corporate Manslaughter - Corporate Manslaughter (Crown Prosecution Service) Companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care under the Corporate Manslaughter and Corporate Homicide Act 2007. The Crown3.1 Legislation, National Guidance and Toolkits
3.1.5 Coroner's Services and Investigations - Coroner’s Services and Investigations (Ministry of Justice, 2014) This guide provides a summary of the role of the coroner and offers guidance to anyone who may be involved in a coroner’s investigation or attends a coroner’s inquest. Download the short guide to coroner's services her3.1 Legislation, National Guidance and Toolkits
3.1.6 Criminal Justice and Courts Act 2015 - Criminal Justice and Courts Act 2015 Under the Criminal Justice and Courts Act 2015 it is an offence for an individual or a care provider who has the care of another individual to ill-treat or wilfully to neglect that individual. The offence focuses on the conduct of the individual, not th3.1 Legislation, National Guidance and Toolkits
3.1.3 Child Sexual Exploitation - Child Sexual Exploitation This non-statutory advice has been produced to help practitioners who work with children and families to identify child sexual exploitation (CSE) and take appropriate action in response. This advice replaces the 2009 guidance 'Safeguarding Children and Young Peo3.1 Legislation, National Guidance and Toolkits
3.1.2 The Care Act 2014 - The Care Act Sections 42 – 47 Click here for Sections 42 to 47 of the Care Act, which sets out the legal duties and responsibilities in relation to adult safeguarding. Care and Support Statutory Guidance (Department of Health and Social Care, 2018) The legal framework for the Care Act 203.1 Legislation, National Guidance and Toolkits
3.1.1 Introduction - This section of the policy and procedures sets out key areas of national policies and guidance in relation to relevant legislation and good practice in adult safeguarding. A summary is provided for each document together with a link to the relevant web-page.3.1 Legislation, National Guidance and Toolkits
3.1.7 Disclosure and Barring Service (DBS) - Disclosure and Barring Service (Home Office, 2018) The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent3.1 Legislation, National Guidance and Toolkits
3.1.8 Domestic Violence and Abuse - Adult Safeguarding and Domestic Abuse: A Guide to Support Practitioners and Managers (Local Government Association and ADASS, 2015) The ADASS Adult Safeguarding and Domestic Abuse Guide sets out the overlap between safeguarding and domestic abuse and the approaches and legal frameworks for3.1 Legislation, National Guidance and Toolkits
3.1.13 Human Rights Act 1998 - Human Rights Act 1998 The Human Rights Act 1998 incorporates most of the European Convention of Human Rights into UK law enabling claims by individual victims to be brought in UK courts against any public bodies for breach of those convention rights. The Act makes it unlawful for a public3.1 Legislation, National Guidance and Toolkits
3.1.10 Forced Marriage - Multi-Agency Practice Guidelines: Handling Cases of Forced Marriage (HM Government, 2014) This guidance sets out the responsibilities of agencies involved in handling cases of forced marriage. It provides advice and support to front line practitioners who have responsibilities to safeguard3.1 Legislation, National Guidance and Toolkits
3.1.11 Gaining Access to an Adult at Risk - Gaining Access to an Adult Suspected to be at Risk of Neglect or Abuse: a Guide for Social Workers and their Managers in England (Social Care Institute of Excellence, 2014) This guide has been created to provide information on legal options for gaining access to people who are suspected to3.1 Legislation, National Guidance and Toolkits
3.1.15 LeDeR programme - LeDeR Programme The Learning Disabilities Mortality Review (LeDeR) Programme is a project and is the first comprehensive, national review set up in order to understand why people with learning disabilities typically die much earlier than average, and to inform a strategy to reduce this ine3.1 Legislation, National Guidance and Toolkits
3.1.16 Making Safeguarding Personal - Making Safeguarding Personal Guide (Local Government Association, 2014) The Making Safeguarding Personal Guide is intended to support councils and their partners to develop outcomes-focused, person-centred safeguarding practice. It provides guidance about how to embark upon and take forwar3.1 Legislation, National Guidance and Toolkits
3.1.17 Multi-Agency Public Protection Arrangements (MAPPA) - MAPPA Guidance (Ministry of Justice, National Offenders Management Service, HM Prison Service, 2012) Multi-agency protection arrangements are in place to ensure the successful management of violent and sexual offenders. This guidance sets out the responsibilities of the police, probation t3.1 Legislation, National Guidance and Toolkits
3.1.18 Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards 2009 - Mental Capacity Act 2005 Code of Practice (Department of Constitutional Affairs, 2007) The legal framework provided by the Mental Capacity Act 2005 is supported by this Code of Practice, which provides guidance and information about how the Act works in practice. The Code of Practice has a3.1 Legislation, National Guidance and Toolkits
3.1.19 Modern Slavery Act 2015 - The Modern Slavery Act 2015 The Modern Slavery Act categorises offences of Slavery, Servitude and Forced or Compulsory Labour and Human Trafficking. It is estimated that there were between 10,000 and 13,000 potential victims of modern slavery in the UK in 2013 (Modern Slavery Strategy, HM3.1 Legislation, National Guidance and Toolkits
3.1.20 NHS Accountability and Assurance Framework - NHS Accountability and Assurance Framework (Department of Health, 2022) This document sets out the safeguarding roles, duties and responsibilities of all organisations in the NHS. Click here to access the NHS Accountability and Assurance Framework3.1 Legislation, National Guidance and Toolkits
3.1.21 Office of the Public Guardian Safeguarding Policy - Office of the Public Guardian Safeguarding Policy (Office of the Public Guardian, 2015) The Office of the Public Guardian (OPG) can investigate concerns about an attorney acting under a registered Enduring Power of Attorney (EPA), or Lasting Power of Attorney (LPA), or a deputy appointed b3.1 Legislation, National Guidance and Toolkits
3.1.22 Pressure Ulcer Safeguarding Adults Protocol - Safeguarding Adults Protocol – Pressure Ulcers and the interface with Safeguarding Enquiries (Department of Health and Social Care, 2018) This guidance aims to assist practitioners and managers across health and social care services to provide appropriate responses to individuals who are3.1 Legislation, National Guidance and Toolkits
3.1.23 Prevent - Revised Prevent Duty Guidance for England and Wales (HM Government, 2016) The Prevent Strategy is part of the government’s response to counter-terrorism. Its aim is to reduce the threat to the UK from terrorism by stopping people becoming terrorists or supporting terrorism. Prevent off3.1 Legislation, National Guidance and Toolkits
3.1.24 Prevention in Adult Safeguarding - Prevention in Adult Safeguarding (Social Care Institute of Excellence, 2011) This report shares findings from research, policy and practice on prevention in adult safeguarding and presents a wide range of approaches that can help prevent abuse and neglect. Download the SCIE report Preventi3.1 Legislation, National Guidance and Toolkits
3.1.25 Roles and Responsibilities in Health and Care Services - Safeguarding: Roles and Responsibilities in Health and Care Services (Department of Health, Local Government Association, ADASS, Association of Chief Police Officers, 2013) This guidance provides clarity around the roles and responsibilities of the key agencies involved in adult safeguardi3.1 Legislation, National Guidance and Toolkits
3.1.12 Health and Social Care Act 2008 - Health and Social Care Act 2008 The Health and Social Care Act 2008 seeks to enhance professional regulation by creating an integrated regulator for health and social care, the Care Quality Commission, with a focus on providing assurance about the safety and quality of care for patients an3.1 Legislation, National Guidance and Toolkits
3.1.9 Female Genital Mutilation - Multi-Agency Statutory Guidance on Female Genital Mutilation (HM Government, 2016) This document contains multi-agency guidelines on Female Genital Mutilation (FGM) for those with statutory duties to safeguard children and vulnerable adults. Download the Statutory Guidance on FGM here.4.1 Sussex Policy, Guidance and Toolkits
4.1.1 Safeguarding Adults Boards - Safeguarding Adults Boards (SABs) are multi-agency partnerships that are committed to the effective safeguarding of adults in their respective local areas. A vital aspect of the work of a SAB is to ensure information is available to the public, staff working in partner agencies, adults wit4.1 Sussex Policy, Guidance and Toolkits
4.1.2 Safeguarding Adults Reviews - The Care Act 2014 sets out that SABs have a statutory duty to undertake a Safeguarding Adults Review (SAR) when: an adult has died, and the SAB knows or suspects that the death resulted from abuse or neglect (whether or not it knew about or suspected the abuse or neglect before the adu4.1 Sussex Policy, Guidance and Toolkits
4.1.3 Safeguarding Adults: What to do if you think someone is being abused, neglected or exploited - The Sussex Safeguarding Adults Thresholds Guidance for Professionals contains information on signs and indicators of abuse and neglect and what should be reported as a safeguarding concern. Any concerns about modern slavery should always be reported. This thresholds document is to be use5.1 Appendices
Appendix 1: Legal Remedies - This section is a table of legal remedies and useful references to consider in adult safeguarding cases. Type of adult safeguarding scenario Consider the following Legal Remedies Physical Abuse Offences Against the Person Act 1861 - a criminal prosecution, this Act contai5.1 Appendices
Appendix 2: Terminology - Terminology Definition Safeguarding concern A ‘safeguarding concern’ is when any person has reasonable cause to suspect that an adult with care and support needs, who is unable to protect themselves because of those needs, is experiencing, or is at risk of abuse or
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