In all aspects of assessment and planning for care and support person centred, strength based approaches are required. This is a toolkit of resources. Some easy top tips for person centred safeguarding: 1. What does safe and happy mean for the person 2. What expectations does the person have 3. What outcomes would the person like 4. What are the strengths of the person, their family and community 5. Have I explained things well enough and in a way that the person can understand? 6. Almost everyone would say that if a crime were to be committed against them that they would contact the Police. If the person is not gaining equitable access to criminal justice ask why. 7. Have I considered the capacity of the person to make each relevant decision and who should conduct the assessments? 8. Have I considered advocacy? 9. How has the person managed so far? 10. What would maintain independence and prevent / delay the need for services in the future? Use the toolkit to explore these issues and prevent future abuse or neglect

1. .
These are useful tools that you can select
or change to make appropriate to the
person and to ensure that planning is
person centred
Stregnths
Based
Approach
Toolkit
T-ASC (Training Advice,
Solutions and Consultancy)
debbarnett27@outlook.com
Deborah Barnett

2. Introduction
We can all find it difficult to talk about things that we are good at. When someone
has not considered what they would like in their life or how they manage things then
it can be almost impossible to answer questions about what they would like to do or
achieve. This toolkit offers the opportunity to explore some of these things with a
person. It may take a number of sessions before a clear assessment has taken
place. These are tools and should be used as appropriate to the persons needs and
the situation. The correct tool should be selected much like selecting the correct tool
from a tool box to complete a job.
The following are cards that you may cut out, laminate and get someone to prioritise
into key things that are important to them under the cards: Very important, important,
not so important etc.

10. What is important to me
At home
Just for fun / Hobbies
Places I go
Music
Food
Drink
TV or radio programmes
Getting around / transport
Money
Health care / fitness
Cultural / religious
People around me
What I really do not like / want
At home
For fun / hobbies
Places to go
Music
Food
Drink
TV or radio programmes
Getting around / transport
Money
Health care / fitness
Cultural / religious
People around me

11. …………….is the best part of my day
because………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…….….is the best part of my week
because………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………….is the best part of
my evening or weekend
because………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………
…………….is the best time I ever
had
because………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
…………………………………………
I like to spend time
with…………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
I don’t like to spend time
with…………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
I have always wanted
to……………………………………………………………………………………………
……………………………………………………………………………………………
…………………………………………………………………………………………
I would never want
to……………………………………………………………………………………………
……………………………………………………………………………………………
…………………………………………………………………………………………

12. Technology and gadgets that help me:
Family and Friends
List names of people
that offer support and
care
Reasons for support
and care e.g Hospital
visits, personal care,
cooking / meals etc
List dates and times if
known
List contact Numbers
Work, Education or Leisure Activities
What you do Why you do it When you do it Where you do it
Formal support
Health or other formal
support - name
Reason for support Dates and times of
attendance if known
Where and contact
info
Other support
What or who Reason for support Dates and times of
attendance if known
Where and contact
info
People in my life
My Circles of Support

13. I used to like………………………………………………………………………..
I currently like………………………………………………………………………..
I would like to…………………………………………………………………………..
What stops me from doing these things is…………………………………………..
Or
To do these things I would need……………………………………………………...
I can achieve……………………………………………………………………………..
What you need to know to help me is...…………………………………………….

14. Sport Recreation and Leisure Break down the information into types of sport and leisure
(Bold writing) and then break this information down again
 Sport and physical recreation
o Solo activities – gym or swimming
o Group activities – team games
 Arts and entertainment
o Theatre
o Gigs and concerts
o Comedy clubs
o Films
 Countryside recreation
o Hiking
o Camping
o Picnics
o Cycling
o Youth hostelling
o Horse riding
 Home-based leisure
o Reading
o Make-overs
o Gardening
o TV, videos and DVDs
o playgrounds
 Visitor attractions
o Theme and leisure parks
o Museums
o Historic building
 Catering
o Fast food restaurants
o Cafes
o Pub restaurants
o Top restaurants
 Computer games and the internet
o Technology
o Games
o Internet
o Social media
On a scale of 1 – 10
1 = dislike
10 = really enjoy
Rate how you would find
these activities
Or simply tick things that
you like. You can make
similar lists for anything
such as jobs, music, food to
help a person break down
information

15. Community Mapping
I like Gardening. This is a map of all the gardens and green spaces in my local area.
I also like dancing can you help me to plan a map of places that I could go dancing
and learn to dance in my area? This is called community mapping. It would help me
if you could also show me the easiest ways to get there for example, buses, trains
and metros.

16. Your Strengths.
Tell us about the
things that are
good!
Good Spaces
As you think about the area you live in,
what do you like about it?
Think about your home, the area,
open spaces and parks.
What about where you live is
safe and pleasing?
?
Positive Sexuality
What are the things about your sexuality
that you like?
Think about such things as having a partner,
safe sex, no diseases, pregnancy issues.
Children’s schooling
What do you like about your children’s school?
Think about activities, people, attendance,
transport, friends.
Strong relationships
Who do you have relationships with that are
pleasing to you? Who would you go to talk
to when you needed to talk about
something important?
Who helps you out when you need it?
Drugs and Alcohol
How do you and your family stay away from drugs
that you feel are not helpful?
What are the drugs that your family members are
choosing to stay away from?
What drugs are you choosing to use that are
helpful?
Strong Spirituality
Think about your values, sense of belonging, goals,
religion, beliefs.
What do you see as your strengths in this area?
What resources are available to help you to
express this part of your life?
Strong Body
Think about your body and yourself. What do you
like?
Think about strength, endurance, agility, exercise,
health, fitness, etc.

17. Your Home
Think about the things in and around your home
that you like.
Think about safe household items.
Think about appliances, furniture, decorations and
other such things that make your home a good place
to be.
Appearance
What do you like about your appearance?
Child Safety
What are the things that make your child safe? What
is there, what is not there that is dangerous? Think
about the area you live in, home, streets, the food
they eat, drugs and drink, safety from others.
Safe from Chemicals
Are your children safe from chemicals such as petrol,
fumes, lead-based paint, cleaners and poisons?
How are they protected from them?
Moods as strengths
Think about all your moods.
Which moods do you have that are good and strong
moods.
Describe how well you handle moods which
are not so good?
?
Good Hygiene
What are the things around you that
are clean and free from germs? Think
about smells, dust, children’s toys etc
Adult Safety
How safe do you feel?
What do you do to make sure that you and others
around you are safe?
Think about your own actions to help keep things
safe.
What about the actions of others?
Good Food
Tell us what you do to make sure that you eat
well?
Do you eat enough?
What healthy foods do you eat?
Do you need to learn more about healthy eating?

18. Transport
How do you get around?
What transport is there to help you to do this?
Are there other transport resources that you can use
if you need them?
Good Health
Is your family healthy?
What is good about your family’s health care.
How far away is your GP? How do you get there, are
there any other health services that you use?
Adult Education
What are some of the resources available to you to
get further education?
Do you have transport, childcare?
Animals
What animals around you (pets or wild) that you
like?
What do you like about those animals?
Enough Money
What do you do well to handle your money?
Do you have enough money for needed things?
For extra things?
What is around that can help you out or help you
to get more money when you need it?
What ways have you tried to earn more money
Sleep Strengths
What do you like about your sleep patterns?
Are you getting enough sleep?
Do you have a quiet and comfortable place to
sleep?
Your Skills
What skills do you have that you are proud of?
Tell us about the things you do well.
Think of things including sport, household,
interpersonal and personal skills.
Others you care for
What are the things that make the person you are
caring for safe? What is there, what is not there
that is dangerous?
Think about the things they need and what you
enjoy supporting them with.

19. Where do you feel safe?
Who do you feel safe with?
Where are you when you feel safe?
What comforts you?
How do you stay safe on
the internet?
Tell us what you do to make sure that others do
not get your personal information
Tell us what you do to make sure that you are
not getting involved with extreme groups
What else is good?
What else is good?
What else is good?
You may not need to use all of these cards, you may only need a few. You may find
it useful to cover these topics over a few sessions, or support someone else to ask
the questions who has more time with the person. If the person is unable to answer
these questions themselves then perhaps a friend, carer or relative could support
them.
What makes you feel
proud?
Think of things that you have achieved
People who you have supported
Things that you have done for others

20. E.G.
Physical
prompts
Verbal prompts
Aids and
adaptations
Can achieve
without support
On each target write about the support that you need. Underneath the target write what you need to get to the
next level of the target. You can use the target below to write about anything you want to achieve more
independence with
An example is shown below
Personal Hygiene
Washing hair: Need someone to do
this for me every day
I need reminding to bath
I need verbal prompts and support
to clean my teeth
Physical
Prompts
Verbal
Prompts
Aids and
adaptations
Can do
independently
I need a bath hoist and a large
handled tooth brush. I cannot
brush my hair without help
I can wash and dress without
support but I am slow, so
sometimes might need help
My arm does not currently lift above shoulder height making it difficult to manage washing my hair. When I
had physiotherapy this helped my arm move more freely but I got ill and stopped going and then the service
changed and I did not go back. I might be able to do this with more physiotherapy.
I forget when to go in the bath. My support worker used to draw a chart for me to tick off when I had been in
the bath so I knew when I needed to go in next but she left and they just come and bath me now. Perhaps if I
had a chart again I could do this by myself? I might need a bit of help at first.
My bath hoist is too heavy for me to manage alone but my friend has a different kind that I can use Perhaps
an occupational therapist could have a look to see if there is anything easier for me?
I only need help when I sleep in for my appointments so perhaps if I have an alarm clock that reminds me of
my days appointments I could get up in time?

21. Making Safeguarding Personal
Partnership work: To understand and see the benefits of an outcome-focused
approach to safeguarding. The engagement of partners is critical to achieve the
outcomes that people want. All partners identifying their roles and responsibilities to
the person concerned. All partners seeking the outcomes and expectations of the
person from the onset.
Reviewing outcomes: Recognition of the importance of reviewing outcomes and of
the extent to which outcomes can change throughout safeguarding support.
Prevention: The recognition of the multi-agency use of capacity assessment in daily
practice decision making. Appropriate application of Deprivation of Liberty
Safeguards. Consideration of proportionate responses and use of restrictions,
sanctions and restraints. Care Planning between commissioning Social Work /
Health and provider services. The giving of information to people (through production
of guides and talking with people about them) about what safeguarding is and what
they can expect from the support offered.
Participation: Including outcomes discussion and recording during key safeguarding
meetings enabled people to participate in a meaningful way.
Evidence gathering: Gathering and reporting on both quantitative and qualitative
evidence was important to demonstrate that good outcomes have been achieved for
people
Advocacy: Involving the person and / or their representative from the start of
safeguarding also increased their consideration of the involvement of advocates,
Independent Mental Capacity Advocates (IMCA) and significant others.
MCA/DoLS: The need for better practice and knowledge around the Mental Capacity
Act (MCA) and Deprivation of Liberty Safeguards (DoLS)
Risk: Practising person centred safeguarding can support risk enablement.
Recording systems: Systems that record and measure outcomes, and support
person-centred practice in safeguarding.
Procedure change: Remove perceived barriers to person-centred safeguarding
practice.
Skills: In working across agencies to support the person. Recognising the difference
between capacity and the credibility of a victim or potential perpetrator guilt.
Recognition of the right to have equitable access to civil or criminal justice and
support the decision making by providing information and advice. Understand the
Codes of Practice for Victims and Witnesses:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/47690
0/code-of-practice-for-victims-of-crime.PDF
Understanding the use of special measures
http://www.cps.gov.uk/victims_witnesses/going_to_court/vulnerable.html

22. Leadership: Ensuring that the safeguarding principles are maintained throughout
intervention and holding agencies accountable for their own element of safeguarding
the individual in line with the Care Act duties and responsibilities.
Qualitative and Quantitative Analysis of Outcomes: How many people received
equitable access to criminal justice, how many prosecutions were there? How many
people had advocates and how many were unsupported? How many people were
supported as a victim of a trauma by access to counselling or therapeutic services?
Was there adequate evidence of the coordination of capacity assessments by the
relevant agencies? Was the persons civil rights considered? How many people
received increased care and support? What did the people say about the services
provided and how did that match up with the statistics?
Information: The giving of information to people (through production of guides and
talking with people about them) about what safeguarding is and what they can
expect from the support offered.
Participation: Including outcomes discussion and recording during key safeguarding
meetings to enable people to participate in a meaningful way.
Access to Criminal Justice Guidance
Credibility and Reliability
Competency should not be confused with credibility or reliability. At the stage when
the question of competency is being decided upon judges or magistrates are not
deciding whether a witness is, or will be, telling the truth, or giving accurate
evidence. Questions about credibility and reliability go to the weight of the evidence,
not to the competence of the witness.
'...The purpose of the trial process is to identify the evidence which is reliable and
that which is not, whether it comes from an adult or a child. If competent, as defined
by the statutory criteria, in the context of credibility in the forensic process, the child
witness starts off on the basis of equality with every other witness'. R v B [2010]
EWCA Crim 4.
Police and prosecutors should also recognise that the competence of a witness is a
separate issue to that of the mental capacity of a witness. Further information can be
found in Guidance on prosecuting crimes against older people and in Victims and
Witnesses who have mental health issues and/or learning disabilities - prosecution
guidance (Cps.gov.uk, 2017a).
Victim and Witness Care
Many older people, people who have mental ill health, learning disability or
impairment who are victims of, or witnesses, to criminal offences are reluctant to
report the crime, because they fear the consequences of reporting. Throughout this

23. document examples offered for an older person may also be considered for those
who have a learning disability, mental ill health or an impairment of the brain.
For example, they may think that they will be deemed to be unreliable witnesses;
that they will not be taken seriously; that they may be victimised, lose their
independence or be placed into an institution or care home as a result of giving
evidence. They may also be embarrassed or ashamed. Fear, power and loyalty are
factors that can prevent abuse being reported.
Consideration to be given to whether the situation constitutes domestic abuse and
the use of coercive and controlling behaviours (S76 Serious Crime Act (2015)). The
Care Act (2014) identifies that we must do everything that we can to support the
person in understanding the decisions that they are making and the actual outcomes
from those decisions. The Care Act (2014) identifies that a person is able to make
autonomous decisions and the Mental Capacity Act (2005), is explicit in that if a
person has capacity to make a decision then they can choose to make that decision
even if it is an unwise decision. Public bodies should take all possible steps to inform
the person of the potential outcomes of decisions made. If a person were informed
that the outcomes of an investigation would not impact on their autonomy or self-
determination in other areas then they may be more likely to consider taking action.
Part of the enquiry process should be to consider whether we have sufficiently
supported the person in having equitable access to criminal justice.
Through the way in which we handle the case, we must try to ensure that the older
person has the confidence, knowledge and support to enable the necessary action to
be taken to prevent further offences and to hold the offender accountable.
Our response and that of other statutory, voluntary and independent agencies should
be collaborative. The variety, context and prevalence of crimes against older people
mean that we must work closely with Social Services, social care and health care
inspection and regulatory bodies, and advocacy/other specialist services for older
people when handling cases.
We should treat each person as an individual, offering a personalised service and,
within the necessary constraints of criminal justice system procedures, enable
people to maintain their maximum possible level of independence, choice and
control.
For example, where a person is accompanied by a carer or advocate or
intermediary, we should give thought to the appropriateness of addressing remarks
to the person rather than to the carer or other person (Cps.gov.uk, 2017.b).
It is important to recognise that the competence of a witness is a separate issue to
that of the mental capacity of a witness. It is also important not to make assumptions
about the credibility or reliability of a witness.
A person's capacity to take decisions can be affected by, for example, a stroke or
brain injury; a mental health problem; dementia; a learning disability; confusion,
drowsiness or unconsciousness because of an illness or the treatment for it;
substance misuse.

24. However, having an illness such as Alzheimer's disease does not mean that a
person lacks capacity to take all decisions. And capacity can vary over time, even
over the course of a day.
Under the Mental Capacity Act 2005, the people who decide whether or not a person
has capacity to take a particular decision are called assessors. Anyone can be an
assessor - for example, a family member, a care worker, a nurse or social worker.
However, health and social care practitioners or other relevant professionals and
experts must be involved when an assessment and/or decision has significant
consequences. These include when the person's capacity may be challenged by
someone; when reporting abuse or a crime; or where the decision has legal
complications or consequences.
Prosecutors and police should discuss, at an early stage, whether the witness is
likely to be accepted as a competent witness by the courts, taking into account
information provided by others, for example, a doctor, family members, or a social
worker etc.
The Youth Justice and Criminal Evidence Act 1999 sets out the general rule that
people are competent to act as witnesses unless they cannot understand questions
asked of them at court and answer them in a manner which can be understood (with,
if necessary, the assistance of special measures).
Mental capacity is only relevant to the competence of the witness in terms of
assessing the witness' ability to understand questions asked and to give replies that
can be understood.
Social Workers, Health and Care staff are highly skilled in asking questions in a
manner that a person may be better able to understand and provide a response.
Police should seek the assistance and support of staff to gain adequate responses to
questions, rather than dismissing a person who is diagnosed with an impairment of
the mind, as lacking credibility as a witness. An intermediary, witness supporter or
Social Worker may be able to identify the way that information is presented to the
witness within the Court process. A profile of the witness and their support needs
may be developed prior to attendance in court.
Medication issues may be relevant when considering the timing of giving evidence
and the need for maximum lucidity. This factor may be equally relevant to any
witness taking medication, whether mental capacity is an issue or not (Cps.gov.uk,
2017.b).
This complainant in this case was an 81 year old Alzheimer's sufferer.
In DPP v R [2007] EWHC 1842 Admin, the court held that it was correct, when
determining whether a witness was competent, to consider competence at the time
of the interview and at the time when the witness was called upon to give evidence,
where the evidence in chief was given via a video recording under the provisions of
section 19 of the Youth and Criminal Evidence Act 1999. The fact that a witness now

25. had no independent recollection of the facts, such that he/she was unable to give
intelligible answers did not mean that he/she was no longer competent.
The court also held that where a video interview was already in evidence it could not
be retrospectively 'unadmitted' and that where it had been admitted pursuant to a
perfectly proper special measures application under section 27 of the 1999 Act, it did
not need consideration as hearsay evidence. The video interview was admissible
independently of any question of hearsay under the quite separate provisions for
special measures.
In the case of supervening loss of memory, as distinct from supervening loss of
competence, the court found that sections 139 and 120 of the Criminal Justice Act
2003 would also apply, and the video interview would be admissible as evidence of
its contents as a means of refreshing the memory of the witness who had forgotten.
The court did not determine whether sections 139 and 120 had any application in the
event of supervening incompetence.
Where the video recorded interview was admissible for all those various reasons,
and independently of section 114, it did not mean that the video had to be accepted
at face value. On the contrary, the assessment of it was a matter for the trial court.
The use of contemporaneous recording is extremely important in cases where a
person may later be unable to recall significant events. This means that
understanding of reasonable suspicion of abuse / neglect and reasonable suspicion
of a crime are paramount during any safeguarding enquiries. The statement of the
person as soon as possible after the event and supported by appropriate
professionals, will support prosecution.
Use of Restraint
Improper use of restraint may amount to criminal offences of assault and/or false
imprisonment and/or choking. It may also amount to a criminal offence of breach of
Regulation 24 or 25 under the Care Standards Act 2000.
The Mental Capacity Act 2005 defines restraint as:
"the use or threat of force to help do an act which the person resists, or the
restriction of the person's liberty of movement, whether or not they resist. Restraint
may only be used where it is necessary to protect the person from harm and is
proportionate to the risk of harm."
The Care Standards Act 2000 and associated Regulations such as the Care Homes
Regulations 2001 and the Domiciliary Care Agencies Regulations 2002 refer to the
use of restraint
For example, Regulation 13(7)(a) of the Care Homes Regulations 2001 states: "the
registered person shall ensure that no service user is subject to physical restraint
unless restraint of the kind employed is the only practicable means of securing the

26. welfare of that or any other service user and there are exceptional circumstances."
And Regulation 13(8) states "on any occasion on which a service user is subject to
physical restraint, the registered person shall record the circumstances, including the
nature of the restraint."
Similar provision is made at Regulation 14(9)-(11) of the Domiciliary Care Agencies
Regulations 2002.
The Department of Health published statutory guidance in July 2002, describing
good practice for restrictive physical interventions.
When considering matters such as whether a criminal offence has been committed
or whether the public interest requires a prosecution, prosecutors may find these
Regulations and guidance helpful in assessing whether the use of restraint was
appropriate and proportionate.
Neglect
Neglect tends to have a physical impact. The development of pressure sores should
be considered a primary indicator of neglect or poor care practice, but by no means
a conclusive indicator.
Neglect may amount to a criminal offence under section 44 of the Mental Capacity
Act 2005 or section 127 of the Mental Health Act 1983. But in cases where the victim
has not died, and does not have a loss of capacity under the Mental Capacity Act
2005 and is not being treated as a patient for the purposes of the Mental Heath Act,
prosecutors may find it difficult to identify an appropriate criminal offence.
Where possible, in such cases, prosecutors should ensure appropriate inter-agency
discussions are held to determine how the vulnerable adult can be protected and
how the person responsible for the neglect might be held to account.
For assistance on what constitutes "wilful neglect", please refer to Archbold.
Misuse of Medication
Where a person is medicated to enable an indictable offence to be committed,
section 22 of the Offences Against the Persons Act 1861 may be relevant. Where a
person is medicated or over-medicated for non-therapeutic reasons, such as to
control their behaviour, a number of other offences may be relevant, such as
unlawfully administering medication contrary to section 58 Medicines Act 1968, or
failure to comply with conditions contrary to section 24 of the Care Standards Act
2000 or contravention of Regulations contrary to section 25 of the Care Standards
Act 2000.
Preservation of Evidence

27. In order that evidence is preserved effectively agencies must work with the Police to
understand the remit of their enquiries. It is helpful to understand the crime / crimes
being investigated. Every crime has ‘Points to Prove’ and the Police must prove
every point under that crime to determine that the crime has been committed. A
discussion regarding the ‘Points to Prove’ with the Police will assist practitioners in
recognising what is and is not significant evidence in any particular case. For
example in a case of reported ‘Theft’ a relative may be claiming that they had an
honest belief that the family member would have consented to the taking of the
property had they known the circumstances, however, the health or care
professional may know that both parties had fallen out and have evidence that they
would not have consented. Another example may be that the family member is
claiming that they had a right to that property, however a health or care professional
may have explicit evidence that a debt had been repaid, or an item replaced.
Other legislation and potential criminal offences against older people
In addition to more common criminal offences with which prosecutors will be fully
aware, the following legislation may be relevant:
 Section 44 Mental Capacity Act 2005 - wilful neglect or ill-treatment of a
person lacking mental capacity;
 Section 127 Mental Health Act 1983 - wilful neglect or ill-treatment of a
patient;
 Sections 135 and 136 Mental Health Act 1983 - removal to a place of
safety;
 Mental Health Act 1959 - offences pre-dating implementation of the Sexual
Offences Act 2003, unlawful sexual intercourse with patients/residents
suffering mental disorder;
 Corporate Manslaughter and Corporate Homicide Act 2007- gross breach
of duty of care causing a person's death;
 Sections 58 and 63 Medicines Act 1968 - supplying / administering / altering
the substance of medicinal products;
 Section 4 Fraud Act 2006 - abuse of position; Section 5 Domestic Violence,
Crime and Victims Act 2004 - causing or allowing the death of a vulnerable
adult;
 Health and Safety at Work Act 1974; Sections 24 and 25 Care Standards
Act 2000 - failing to comply with conditions / contravention of regulations;
 Public Interest Disclosure Act 1998 - protection for whistleblowers;
Human Rights
Consideration should be given to the potential violation of human rights under the
Human Rights Act (1998). Older people are often affected by the nature and
methodology of care provision, this should not pose a violation of a person’s human
rights. Where Human rights have been violated the Crown Prosecution Service
seeks to uphold and protect the human rights. S7 of the Human Rights Act (1998)
identifies that a victim can bring proceedings against a public authority under the
HRA, or rely on the Convention of Human Rights in any legal proceedings. A victim

28. is someone who is directly affected by the act or omission in question. This may also
include a person who is at risk of being directly affected by a measure, even if they
have not, as yet, been so affected. A victim can include a company as well as an
individual and may also include a relative of the victim where a complaint is made
concerning their death. Civil proceedings can also be considered.
A person cannot make autonomous decisions that present risks to others. The
Convention seeks to achieve a fair balance between the sometimes conflicting rights
of the community and those fundamental rights of the individual guaranteed by the
various articles of the Convention. Central to achieving this balance is the doctrine of
proportionality. This requires that any restriction of a Convention right (where this is
permissible) must be proportionate to the legitimate aim being pursued. In order to
satisfy this requirement, the public body interfering with a Convention right must
show to the court that:
 what is being done is not arbitrary or unfair;
 the restriction is strictly limited to what is required to achieve a legitimate
public policy; and
 the severity of the effect of the restriction does not outweigh the benefit to the
community that is being sought by the restriction.
Interference which is unacceptably broad or which has imposed an excessive or
unreasonable burden on individuals is likely to be found to be in breach of the
Convention right in question. In cases involving a really serious breach, an
application to stay the proceedings as an abuse of process could be successful.
To ensure that acts are defensible we must consider:
 Was there a potentially identifiable offence; and
 Was there evidence of consideration of Human Rights in decision making;
and
 Does the offence interfere with the persons ability to exercise human rights;
and
 Was the interference prescribed by law; and
 Was the interference to achieve one of the legitimate aims of other human
rights; and
 Is it necessary in a democratic society; and
 Is it proportionate to the legitimate aim that was being furthered
(Connolly v DPP, 2007)
Some protection from liability is afforded to public authorities by section 6(2) of the
HRA. This provides that their acts will not be deemed unlawful if as a result of
obligations under primary legislation the public authority either:
 could not have acted differently; or
 was acting to give effect to or enforce provisions in primary legislation which
could not be read in a way that was compatible with Convention rights.

29. This protection from liability will only be afforded where it is recorded how the
decision was reached.
Section 146 of the Criminal Justice Act 2003, which imposes a duty on the courts to
increase the sentence for any offence aggravated by hostility based on the victim's
disability or presumed disability
References
Cps.gov.uk. (2017.a). Competence and Compellability: Legal Guidance: The Crown
Prosecution Service. [online] Available at:
http://www.cps.gov.uk/legal/a_to_c/competence_and_compellability/ [Accessed 14
May 2017].
Cps.gov.uk. (2017.b). CPS Legal Guidance. [online] Available at:
http://www.cps.gov.uk/legal/p_to_r/prosecuting_crimes_against_older_people/
[Accessed 14 May 2017].
Connolly v DPP [2007] EWHC 237 (Admin), [2007] 2 Cr. App. R. 5

30. Enough Money
 What do you do well to handle your money?
 Can you put aside money to prepare for leaving?
 Do you have enough money for needed things? For
extra things?
 What is around that can help you out or help you to
get more money when you need it?
 What ways have you tried to earn more money?
Good Health
 Is your family healthy? What do you need?
 What is good about your family’s health care?
 How far away is your GP?
 How do you get there, are there any other health
services that you use?
 Are you sleeping?
 Do you take regularly prescribed medication? How
might you get this if you leave?
 Might you be pregnant?
Transport
 How do you get around?
 What transport is there to help you to do this?
 Are there other transport resources that you can use if
you need them?
Drugs and Alcohol
 Is anyone drinking a lot of alcohol or using a lot of
drugs at the moment?
 How do you and your family stay away from drugs
that you feel are not helpful?
 What are the drugs that your family members are
choosing to stay away from?
 What drugs are you choosing to use that are helpful?
 Is your GP aware?
Planning to leave
 Do you have key documents such as passport, bank
cards, national insurance number, bus pass, payment
information, medical information, contact numbers
available to get easily?
 Do you have cash to get you to where you need to
be?
 Do you require a refuge? Where will the children go?
 Do you have medication ready?
 Do you have a mobile phone that is not tracked?
 Are you able to access the internet without being
tracked?
What else is important to you?
Adult Safety
 How safe do you feel? Is it safe to talk now?
 Do you have a safe contact number?
 What do you do to make sure that you and others
around you’re safe?
 Think about your own actions to help keep things safe,
what has worked in the past?
 What about the actions of others?
Child Safety
 What are the things that make your child safe? When is
your child not safe?
 What is dangerous for your child?
 What are you concerned about in relation to your child?
 Think about the area you live in, home, streets, the
food they eat, drugs and drink, safety from partner /
others
Risk Management
 What are the risks at the moment and have you
managed these risks in the past?
 What new risks might there be?
 Have you left before how did you manage this and
what would you do differently this time?
Strong relationships
 Who do you have relationships with friends or family
that are pleasing to you?
 Who would you go to talk to when you needed to talk
about something important?
 Do you have a strong religion and or cultural beliefs?
What are your concerns?
 Who helps you out when you need it?
Short Term Planning
 What would make you feel safe?
 How might you achieve this?
 What do you need to plan now?
 Who would you tell and who would you not tell?
 What contact numbers do you need?
Children’s schooling
 What do you like about your children’s school?
 Think about activities, people, attendance, transport,
friends, is this a safe place?
 What do you need to plan for child’s schooling?
 Have you informed the school or are they aware?
What else is important to you?
Staying Safe - Person Centred Safety Planning Example Questions