Chris Webb-Jenkins focuses on the new Care and Support Statutory Guidance (October 2014) issued under the Care Act 2014 and how this impacts adult safeguarding.

2. published in October 2014
over 500 pages long
combines with the Act, and with regulations
puts the flesh on the bones
is ‘statutory’ guidance – need a good reason to diverge
published following consultation

3. •general responsibilities and universal services
•first contact and identifying needs
•charging and financial assessment

4. •person-centered care and support planning
•integration and partnership working
•moving between areas

5. •separate heading, and chapter – ch 14
•52 pages
•replaces “No Secrets”
•overlap with
‐ch 1 – promoting wellbeing
‐ch 7 – independent advocacy

6. “Local authorities must promote wellbeing when carrying out any of their care and support functions in respect of a person.”
‘Wellbeing’ is a much broader concept than ‘Safeguarding’

7. What does ‘promote’ mean?
•“actively seeking improvements”
•at every stage
•service users and carers
•whether have eligible needs or not
•no set approach
•shift from existing duties to provide services - to concept of ‘meeting needs’

8. It should inform
•planning of individual care packages
•delivery of universal services
•strategic planning

9. “In any activity which a LA undertakes, it should consider how to ensure that the person is and remains protected from abuse or neglect. This is not confined only to safeguarding issues, but should be a general principle applied in every case.”

10. defining roles and responsibilities of individual agencies
scope and definition of ‘safeguarding’
more detail on options after an enquiry
more emphasis on safeguarding carers
cover self-neglect

11. Safeguarding duties owed to adult who
•has needs for care and support (even if LA not meeting them)
•is experiencing, or is at risk of, abuse or neglect
•because of needs, is unable to protect themselves

12. empowerment
prevention
proportionality
protection
partnership
accountability

13. Defining abuse and neglect - an illustrative list Physical abuse; domestic violence; sexual abuse; psychological abuse; financial or material abuse; modern slavery; discriminatory abuse; organisational abuse; neglect and acts of omission; self-neglect One-off or serial; single victim or multiple

14. Listing more common categories of abusers
Spouse, partner, family member, neighbour, friend, acquaintance, local resident, predator, paid staff, professional, volunteer, stranger.
Is all this defining and scoping necessary or helpful?

15. Everyone involved in adult care and support needs to be vigilant. People need to know:
•types of abuse, and their signs
•how to support adults to keep them safe
•who to tell (fact dependent)
•how to support adults to make choices

16. may witness abuse or neglect
may experience harm from adult, or others involved in providing care to the adult
may be the person causing harm
Care Act contains enhanced duties to assess carer as part of care planning

17. “anyone in contact with the adult, whether in a volunteer or paid role, must understand their own role and responsibility and have access to practical and legal guidance, advice and support. This will include understanding local inter-agency policies and procedures”.

18. •Ch 14 contains a decision making tree diagram

19. Care and support statutory guidance -
decision making tree diagram
Page 251 – diagram 1B

20. Care and support statutory guidance -
decision making tree diagram
Page 252 – diagram 1B

21. •Ch 14 contains a decision making tree diagram
•SAB should review procedures and policies

22. Greater emphasis of the role of the OPG in investigating allegations of financial abuse
•making referrals
•duty on OPG to investigate

23. There is a duty on Relevant Partners to co- operate (CA section 6(7)). They are: Other local authorities; NHS England; CCGs; NHS trusts; DWP; the Police; the Prison Service; the Probation Service LAs expected to work with GPs, dentists, pharmacists, NHS hospitals, ‘housing, health and care providers’.

24. “Local authorities must make enquiries, or cause others to do so, if they reasonably suspect an adult is, or is at risk of, being abused or neglected.”

25. ‘Enquiry’ – wide range of possible action
purpose – to decide whether LA, or anyone else, should do something to help and protect adult
as far as possible, enquiry should involve adult, and decisions should heed adult’s wishes

26. shows the different agencies potentially involved
“LA retains accountability and oversight”.
extend from initial enquiry, through to decision making, and implementation of decisions
Guidance contains diagram on decision making process

27. Discuss with adults whether enquiry is comprehensive, and what action to take
•disciplinary
•complaints
•criminal investigations

28. Discuss with adults whether enquiry is comprehensive, and what action to take
•referral to CQC
•work with commissioners
•devise Safeguarding plan

29. Discussion of how to deal with witnesses who are
•competent
•vulnerable
•intimidated

30. LAs must set one up
“a strategic role greater than the sum of the operational duties of the core partners”

31. 3 core duties
•publish a strategic plan
•publish an annual report
•conduct any safeguarding adult review in accordance with the care act

32. identify roles and responsibilities
gather and interrogate data, identify trends
determine arrangements for peer review and self-audit
establish mechanism for developing policies

33. formulate local guidance
promote multi-agency training
carry out SARs

34. Must be arranged when
•adult in SAB’s area dies due to abuse or neglect, whether known or suspected or
•adult experienced serious abuse or neglect “and there is concern that partner agencies could have worked more effectively to protect the adult”

35. •SAB free to arrange a SAR “in any other situations involving an adult in its area with needs for care and support”
•should be completed in 6 months

36. •reference to other guidance documents, particularly the Caldicott Review of 2013
•information sharing diagram

37. Care and support statutory guidance -
information gathering diagram
Page 250 – diagram 1A

38. •reference to other guidance documents, particularly the Caldicott Review of 2013
•information sharing diagram
•emphasis on providing information about services to individuals

39. •front line
•line manager
•designated adult safeguarding manager
•senior manager
•corporate/cross authority roles
•chief officers and chief executives
•elected members
•commissioners
•service providers
•voluntary organisations

40. A passing reference. The detail is elsewhere

41. A passing reference. The detail is elsewhere

42. Duty on LAs to involve the adult in decisions about them LA must judge if an adult will have substantial difficulties in being involved in the process, and if yes, must arrange for an independent advocate. This duty applies from the very outset

43. We hope you found it useful.
Please get in touch if you have any questions or wish to discuss the topics we covered further…
christian.webb-jenkins@brownejacobson.com +44 (0)115 976 6175