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Safeguarding Adults
Homelessness Group
( Pregnant women )
Louise Butler Westminster Safeguarding Adults Lead
Adult Safeguarding legislation ,
statutory guidance 2014
 Care Act 2014 Section
42-47- Safeguarding
 Pan London Guidelines
(currently under-
review)
 Care Act 2014 Statutory
guidance Chapter 14
Safeguarding
The Care Act 2014: Safeguarding Adults-Duties
 Make or cause to be made enquiries if a person is at risk of abuse
and neglect and unable to protect themselves: Sec 42
 No emergency and compulsory powers : Repeal of section 47 of
the National Assistance Act 1948
 Statutory Adult Safeguarding Boards (social services, NHS and
the police): Sec 43
 Statutory Serious Case Reviews especially where a death of an
adult at risk has occurred as a result of abuse or neglect. Sec 44
 An SAEB may request a person to supply information to it or to
another person . The person who receives the request must
provide the information to comply with certain conditions. Sec 45
Types of client group from
roughsleeping team
And /or:
 Substance misuse clients
 Clients with undiagnosed mental health problems/ personality disorder
 Transition clients aged 18-24 living in hostel network
 Working Girls
 Women and men who are victims of domestic violence.
 Clients who self neglect is this a safeguarding case ?
 Transient client group with no recourse to public funds
 Asylum seekers
 Human Trafficking / Modern slavery
All of the above and hard to engage with
Different types of abuse and
neglect (this list is not exhaustive)
 Domestic violence to include
Honour based violence- New
 Sexual abuse
 Psychological abuse
 Financial or material abuse
 Modern Slavery, Human
Trafficking – New
 Neglect / Act of Omission
 Discriminatory abuse
 Organisational abuse
 Self – neglect- New
(Care Act 2014)
3 Key Elements
1) “Action” Element
◦ Recruitment, Transfer, Harbouring or
Receipt
2) “Means” Element
◦ Coercion, Deception, Abuse of Power,
Position of Vulnerability, Giving &
Receiving Payments
3) “Purpose” Element
◦ Sexual & Labour Exploitation
Sexual Exploitation
 Prostitution, lap-dancing/strip clubs,
(child/extreme) pornography
 43% of all victims are exploited sexually, of
whom 98% are women & girls
Labour Exploitation
 Domestic work, garment industry, shellfish
industry, catering, agriculture, and
construction
 Other forms of exploitation – begging,
benefit fraud, drug production
Protection of Victims
National Referral Mechanism
 Identification of victims
 First responders (police, local authorities,
civil society organisations)
 Referral to the Competent Authorities
◦ UK Human Trafficking Centre
◦ Home Office Immigrations and Visas
The local authority must make enquires it considers
necessary (or cause enquiries to be made): greater
delegation of power.
care and
support needs
abuse or
neglect
unable to
safeguard
themselves
Clause 42: safeguarding enquiries-
Who is eligible ?
The 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 and
• is experiencing or at risk of abuse or neglect and
• 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.
(Care Act 2014)
An Adult who may be over looked
•Adults with low level learning disabilities / aspergers syndrome/mental health
problems
•Young Adults who are Looked After Children
•Adults with substance misuse problems who are not actively engaging with
services
•Homeless people to include people in temporary accommodation and on the
roughsleepers pathway
Capacity and Consent in practice
Consent when can this be breached?
 Vital interest
 Public interest
Has the individual been pressurized or coerced into consenting within
an unequal relationship ?
An unwise decision does not equate to an incapacitated decision. This
means that providers of services need to record fully and accurately,
the decision making processes and the wishes of the individual thus
evidencing that this is the person’s own, capacitated wish.
Self neglect
 This covers a wide range of behaviour neglecting to care for ones
personal hygiene health or surroundings and includes behaviour
such as hoarding.
Remember that 14.2 of the Care Act Guidance needs to apply if a
referral under safeguarding is to be made.
Adult safeguarding activity should be focused on cases where a person
is at risk as a result of the act or omission of another person. Cases of
self-harm or self-neglect may raise professional concerns, but we do
not believe they should be specifically set out as examples of where a
safeguarding response would always be necessary. This, of course,
would not stop Safeguarding Adults Boards making local decisions to
consider activity in this area, if that is thought to be a local priority.
Who may get involved and what to
expect
 North Westminster
Substance misuse services-
WDP
 South Westminster
Substance misuse services-
TP
 CNWL- ABT/ Recovery
team / JHT
 ASC
 “Cause to make
enquiries” under Sec. 42-
Investigators may be:
 Housing
 Health
 Police
 Out of Borough , OOB: if
the abuse occurred in
another borough that
council will act as host.
Legal literacy: the frameworks
 Human rights assessment
 Domestic violence refuge status
 Trafficked women referral to National referral
mechanism
 Housing if eligible
 Substance misuse use of detox and if eligible
secondary care and or human rights assessment
 Specialist domestic abuse services Forced Marriage/
Trafficking / FGM/Honour based violence- See
attachement
Your responsibilities as professionals at the point
of disclosure and raising the concern .
 Supporting and enabling the adult to achieve outcomes that
they see is best for them “What do you want to happen?
 Understanding how other processes run along side the
safeguarding process i.e police investigation , MARAC/
domestic violence agenda.
 Understanding referral criteria and responsibilities of health
and council services
 Managing consent, vital interest and public interest and
unwise decision making.
 Use of advocate, IMCA, Family or unpaid carer in the process
How to raise an alert
Westminster:
adultsocialcare@westminster.gov.uk
0207 841 2176- Safeguarding help line ask to speak to
Access team

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Safeguarding adults care act 2014 homeless pathway

  • 1. Safeguarding Adults Homelessness Group ( Pregnant women ) Louise Butler Westminster Safeguarding Adults Lead
  • 2. Adult Safeguarding legislation , statutory guidance 2014  Care Act 2014 Section 42-47- Safeguarding  Pan London Guidelines (currently under- review)  Care Act 2014 Statutory guidance Chapter 14 Safeguarding
  • 3. The Care Act 2014: Safeguarding Adults-Duties  Make or cause to be made enquiries if a person is at risk of abuse and neglect and unable to protect themselves: Sec 42  No emergency and compulsory powers : Repeal of section 47 of the National Assistance Act 1948  Statutory Adult Safeguarding Boards (social services, NHS and the police): Sec 43  Statutory Serious Case Reviews especially where a death of an adult at risk has occurred as a result of abuse or neglect. Sec 44  An SAEB may request a person to supply information to it or to another person . The person who receives the request must provide the information to comply with certain conditions. Sec 45
  • 4. Types of client group from roughsleeping team And /or:  Substance misuse clients  Clients with undiagnosed mental health problems/ personality disorder  Transition clients aged 18-24 living in hostel network  Working Girls  Women and men who are victims of domestic violence.  Clients who self neglect is this a safeguarding case ?  Transient client group with no recourse to public funds  Asylum seekers  Human Trafficking / Modern slavery All of the above and hard to engage with
  • 5. Different types of abuse and neglect (this list is not exhaustive)  Domestic violence to include Honour based violence- New  Sexual abuse  Psychological abuse  Financial or material abuse  Modern Slavery, Human Trafficking – New  Neglect / Act of Omission  Discriminatory abuse  Organisational abuse  Self – neglect- New (Care Act 2014)
  • 6. 3 Key Elements 1) “Action” Element ◦ Recruitment, Transfer, Harbouring or Receipt 2) “Means” Element ◦ Coercion, Deception, Abuse of Power, Position of Vulnerability, Giving & Receiving Payments 3) “Purpose” Element ◦ Sexual & Labour Exploitation
  • 7. Sexual Exploitation  Prostitution, lap-dancing/strip clubs, (child/extreme) pornography  43% of all victims are exploited sexually, of whom 98% are women & girls Labour Exploitation  Domestic work, garment industry, shellfish industry, catering, agriculture, and construction  Other forms of exploitation – begging, benefit fraud, drug production
  • 8. Protection of Victims National Referral Mechanism  Identification of victims  First responders (police, local authorities, civil society organisations)  Referral to the Competent Authorities ◦ UK Human Trafficking Centre ◦ Home Office Immigrations and Visas
  • 9. The local authority must make enquires it considers necessary (or cause enquiries to be made): greater delegation of power. care and support needs abuse or neglect unable to safeguard themselves Clause 42: safeguarding enquiries- Who is eligible ?
  • 10. The 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 and • is experiencing or at risk of abuse or neglect and • 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. (Care Act 2014) An Adult who may be over looked •Adults with low level learning disabilities / aspergers syndrome/mental health problems •Young Adults who are Looked After Children •Adults with substance misuse problems who are not actively engaging with services •Homeless people to include people in temporary accommodation and on the roughsleepers pathway
  • 11. Capacity and Consent in practice Consent when can this be breached?  Vital interest  Public interest Has the individual been pressurized or coerced into consenting within an unequal relationship ? An unwise decision does not equate to an incapacitated decision. This means that providers of services need to record fully and accurately, the decision making processes and the wishes of the individual thus evidencing that this is the person’s own, capacitated wish.
  • 12. Self neglect  This covers a wide range of behaviour neglecting to care for ones personal hygiene health or surroundings and includes behaviour such as hoarding. Remember that 14.2 of the Care Act Guidance needs to apply if a referral under safeguarding is to be made. Adult safeguarding activity should be focused on cases where a person is at risk as a result of the act or omission of another person. Cases of self-harm or self-neglect may raise professional concerns, but we do not believe they should be specifically set out as examples of where a safeguarding response would always be necessary. This, of course, would not stop Safeguarding Adults Boards making local decisions to consider activity in this area, if that is thought to be a local priority.
  • 13. Who may get involved and what to expect  North Westminster Substance misuse services- WDP  South Westminster Substance misuse services- TP  CNWL- ABT/ Recovery team / JHT  ASC  “Cause to make enquiries” under Sec. 42- Investigators may be:  Housing  Health  Police  Out of Borough , OOB: if the abuse occurred in another borough that council will act as host.
  • 14. Legal literacy: the frameworks  Human rights assessment  Domestic violence refuge status  Trafficked women referral to National referral mechanism  Housing if eligible  Substance misuse use of detox and if eligible secondary care and or human rights assessment  Specialist domestic abuse services Forced Marriage/ Trafficking / FGM/Honour based violence- See attachement
  • 15. Your responsibilities as professionals at the point of disclosure and raising the concern .  Supporting and enabling the adult to achieve outcomes that they see is best for them “What do you want to happen?  Understanding how other processes run along side the safeguarding process i.e police investigation , MARAC/ domestic violence agenda.  Understanding referral criteria and responsibilities of health and council services  Managing consent, vital interest and public interest and unwise decision making.  Use of advocate, IMCA, Family or unpaid carer in the process
  • 16. How to raise an alert Westminster: adultsocialcare@westminster.gov.uk 0207 841 2176- Safeguarding help line ask to speak to Access team