CR03 - Safeguarding Policy and Procedure

Transcription

1 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: Purpse CR03 - Safeguarding Plicy and Prcedure T ensure that abuse f Service User rights is avided. T cmply with the Independent Safeguarding Authrity (DBS) requirements. T cmply with the guidelines cntained in the publicatin N Secrets. T cmply with the Prtectin f Children (Sctland) Act 2003 (PCSA). T cmply with Regulatin 18 f the CQC (Registratin) Regulatins 2009 Ensure awareness f wider safeguarding pwers Scpe All wrkers. Imprtant nte: Where reference is made t the DBS reprting prcesses and requirements, be aware that the fllwing plicy and prcedure is generic, and intended t set ut general principles and curses f actin where n lcal guidelines apply. If yur Lcal Authrity area publishes a lcal set f guidelines n Adult Abuse Reprting, thse lcal guidelines must take precedence ver this plicy. Yu shuld btain a cpy f the lcal guidelines and attach a cpy t this plicy in the manual. The cntact details fr yur lcal Adult Prtectin team is as fllws: Leicester City Adult Scial Care 1 Grey Friars Leicester LE1 5PH Telephne: Yu shuld cntact this number if yu need t reprt any actual r suspected case f abuse. Plicy fr preventing persns barred frm wrking in the care sectr frm being ffered emplyment as a care wrker: Definitin f a care wrker, frm the CQC publicatin "Scpe f Registratin" The definitin f persnal care is brader than that used in previus registratin systems. It cvers: (a) Physical assistance given t a persn in cnnectin with: (i) Eating r drinking (including the administratin f parenteral nutritin); (ii) Tileting (including in relatin t menstruatin); (iii) Washing r bathing; (iv) Dressing; (v) Oral care; (vi) The care f skin, hair and nails (with the exceptin f nail care prvided by a chirpdist r pdiatrist). (b) The prmpting and supervisin f a persn t d any f the types f persnal care listed abve, where that persn is unable t make a decisin fr themselves in relatin t perfrming such an activity withut such prmpting and supervisin.

2 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Prmpting and supervisin means that services whereby staff prmpt and directly supervise a persn when they are carrying ut the abve actins (i)-(vi). Supervisin will nrmally include direct bservatin f the actin as it is carried ut r therwise checking n hw it carried ut, but will nt nrmally include merely encuraging smene t perfrm the activity, r checking at sme pint afterwards n whether it has been dne. The flw chart attached t this plicy guides emplyers thrugh the steps required t meet regulatry and best practice requirement f safe and respnsible emplyee recruitment. While this plicy is mainly cncerned with the definitins f abuse, and the actins which shuld be taken when abuse is suspected r discvered, the plicy and the flw chart in particular are als cncerned with the wider issue f ensuring that nly apprpriately recruited and checked emplyees cme int cntact with vulnerable adults. The required actins are embedded in the recruitment system (Recruitment Pack B) and must be fllwed fr the recruitment f any care wrker, in rder t prevent a persn included n the DBS register f individuals barred frm gaining emplyment in a prscribed psitin. The CQC will be ntified immediately f any persns wh apply fr a pst as a care wrker wh are discvered t be n the DBS Vetting and Barring scheme register. Emplyees wh are prpsed t be transferred frm nn-care psitins t care will be DBS Vetting and Barring scheme system-checked befre the transfer is cnfirmed, and may nt be transferred if the DBS check is psitive. All the prvisins which apply t emplyees als apply t vlunteers. Plicy fr the preventin f abuse during emplyment: Definitins (frm N Secrets ) Abuse is a vilatin f an individual s human and civil rights by any ther persn r persns. The main range f different frms f abuse are: Physical abuse; Sexual abuse; Psychlgical abuse; Financial r material abuse; Neglect and acts f missin; Discriminatry abuse. The rganisatin will ensure that Service User are safeguarded frm physical, financial, material, psychlgical, racial, medicatin r sexual abuse, neglect, discriminatry abuse, self-harm, and inhuman r degrading treatment. Allegatins f miscnduct frm any surce will be taken seriusly by the rganisatin and must be immediately reprted t a senir manager fr investigatin. It will be fully and penly investigated by the rganisatin. The bjectives f the investigatin will be t: Establish facts;

3 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Assess the needs f the vulnerable adult fr prtectin, supprt and redress; Make decisins regarding what fllw-up actins shuld be taken with respect t the perpetratr and the service r its management if they have been culpable, ineffective r negligent. Prcedure Allegatins f miscnduct against an individual will nrmally result in the immediate suspensin f that persn frm duty, pending an investigatin f the allegatins. On the suspensin f an individual, the Registered Manager will carry ut a thrugh internal investigatin. On cmpletin f the investigatin a decisin will be made by the Registered Prvider as t whether it is apprpriate t reprt the matter t the apprpriate authrity. An apprpriate authrity may be the Multi-Disciplinary Prtectin f Vulnerable Adults Team, wh shuld be cntacted via Scial Services. Allegatins f miscnduct resulting in actual r ptential harm t a Service User will be ntified t the CQC within 48 hurs, if substantiated by the investigatin. Prcedure fr preventing persns barred frm wrking in the care sectr frm being ffered emplyment: Backgrund: The DBS Vetting and Barring scheme is designed t identify thse peple wh are cnsidered as unsuitable t wrk with vulnerable adults and are therefre prevented frm btaining emplyment in such psitins. A respnsibility is placed upn emplyers t identify such peple and ntify the DBS. They will als be required t check the DBS Vetting and Barring scheme list befre ffering emplyment t any new staff wh are likely t have regular cntact with vulnerable adults. Checking the list: There is a statutry requirement n prviders wh are registered fr a regulated activity including Care Hme Services with r withut nursing, dmiciliary care services, Shared Lives (frmally knwn as Adult Placement but nt day services) t check the DBS Vetting and Barring scheme list befre emplying a new member f staff wh is likely t have regular cntact with a vulnerable adult, r in cases whereby an existing member f staff mves int such a psitin. The nly way f making this check will be as part f a Disclsure Service applicatin. Emplyees may nt be ffered a pst befre a satisfactry DBS Vetting and Barring scheme check has been received. The DBS Adult First check may nly be used in circumstances whereby recruitment is required in rder t meet statutry levels f staffing. Referral t the list: There is a statutry requirement fr prviders f care t refer wrkers t the DBS fr inclusin n the DBS Vetting and Barring scheme list if they cnsider that the persn is guilty f miscnduct such that a vulnerable adult was harmed r placed at risk f harm. This requirement cvers bth existing emplyees and thse wh leave their emplyment, and whse cnduct cmes t light at a later date.

4 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure A referrer will need t prvide full details f the individual cncerned, the nature f the allegatin, any investigatin which has taken place and any actin taken as a result. Referral frms are available n the DBS web site. An individual wh is included n the DBS Vetting and Barring scheme list as a cnfirmed (but nt prvisinal) listing wuld be guilty f a criminal ffence if they applied fr a psitin as a care wrker. If a prvider discvered that a persn they ffered emplyment t was n the list, they must cease t emply that persn. It will be the duty f the emplyer t cnsider when a member f staff is suspended pending an allegatin, whether they shuld be referred t the list (this is nt a requirement at this stage). There will be a need t weigh up evidence. In sme cases there may be a narrw tightrpe between duty f care t a member f staff and duty f care t a vulnerable persn. Best practices assert that a vulnerable persn always has t be safeguarded first. If yu d refer and subsequently find n evidence, the persn s name will immediately be remved. The details f the referral will be passed n t the persn cncerned, s yu shuld nt pass n any infrmatin t the DBS Vetting and Barring scheme which cannt be shared with the persn cncerned. Emplyers shuld nte that the abve advice is challenged by the Chartered Institute f Persnnel and Develpment the prfessinal bdy fr HR and Persnnel practitiners. The CIPD pints ut that referral f a persn t the DBS Vetting and Barring scheme register may breach the legally defined Human Rights f the emplyee, when the allegatin that led t the referral is later fund t be incrrect r insufficient t supprt the emplyee s inclusin n the register. It will almst certainly cnstitute a breach f the emplyment cntract, and is als likely t be held as libellus. This wuld apply even if the disciplinary prcedures had been carried ut t the letter. Cautin and referral t a legal prfessinal befre taking any actin is strngly advised. We wuld advise clients that infrmatin regarding all psitins invlving regular cntact with vulnerable adults shuld include advice t prspective candidates that they will be checked against the DBS Vetting and Barring scheme list. That a declaratin as t any previus incidents in relatin t miscnduct resulting in harm t a vulnerable adult shuld be included in the applicatin frm fr all relevant jbs. Thse services which regularly use agency staff will need t be particularly vigilant t check that the wrkers they are using have up t date checks. Althugh mst agencies will in practice undertake this, the respnsibility fr ensuring that they are nt emplying a wrker withut a check rests with the Registered Prvider, wh may delegate the day t day check t the Registered Manager.

5 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Prcedures vary between lcal authrities, ntwithstanding the existence f a natinal standard. If yur lcal authrity has its wn prcedure, this must be appended t this plicy. Only if there are n lcal guidelines, use the fllwing: REFERRAL PROCEDURE The first pririty shuld always be t ensure the safety and prtectin f vulnerable adults and if medical attentin is required this must be sught immediately. Reprt It is the respnsibility f everyne t act n suspicin r evidence f abuse r neglect (see Public Interest Disclsure Act 1998 and in-huse prcedures) and refer t the lcal Scial Services Adult Prtectin Team. Lead Respnsibility The lcal Scial Services Adult Prtectin Team will take the lead and be respnsible fr managing the prcess by establishing the facts f the case, identify thse that need t be invlved and crdinate the respnse. Cnsult with the Plice When cmplaints abut alleged abuse suggest that a criminal ffence may have been cmmitted it is imperative that reference shuld be made t the plice as a matter f urgency. The CQC must als be ntified. Early referral r cnsultatin with the plice will enable them t establish whether a criminal act has been cmmitted and this will give them the pprtunity f determining if, and at what stage they need t becme invlved. Early invlvement f the plice will help ensure that frensic evidence is nt lst r cntaminated and this may prevent the abused adult being interviewed unnecessarily n subsequent ccasins. Ntificatin f the Plice may be dne either by the referring individual/agency r by the lcal Scial Services Area Team. This will be dependent upn the infrmatin received at the initial pint f cncern and fllwing any subsequent preliminary enquiry, and at what pint the lead agency was alerted. T prevent any pssibility f failure t alert the plice at the prper time the persn/agency making the referral shuld identify whether r nt the plice have been infrmed. When Scial Services receive the initial referral they will identify and recrd whether r nt the plice have been infrmed. Cnstabularies have Family Prtectin fficers whse rle it is t investigate allegatins f the abuse f Vulnerable Adults where the persn respnsible is a family member r in a psitin f care. Where the persn respnsible is nt a family member r Supprt Wrker r Carer r where the reprted incident is ne f financial abuse, then the matter will be investigated by lcal fficers. Criminal investigatin by the plice takes pririty ver all ther lines f enquiry; hwever, plice investigatins may prceed alngside thse dealing with health and scial care issues. Ntes: In sme areas the Plice have determined that Prviders must carry ut an initial investigatin befre referral, in rder t avid the Plice becming invlved in large

6 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure numbers f investigatins f reprts which prve t be grundless. Check yur lcal plicy. In sme areas, the Plice demand that their investigatin takes precedence ver internal disciplinary prcedures f the emplyer. Hwever, the emplyer is entitled, indeed bliged, t take such actin as may be necessary t safeguard the wellbeing f Service Users, wherever they may be being cared fr. This may include dismissal and referral t apprpriate agencies fr banning frm wrking with vulnerable peple. It is unlikely that this respnsibility is discharged simply by referral f the case t the Plice. Infrm Inspectin Unit By regulatry law service prviders must ntify the CQC withut delay incidents f abuse and allegatins f abuse, as well as any incident which is reprted t r investigated by the plice. Service prviders must ntify the CQC abut abuse r alleged abuse invlving a persn(s) using the service, whether the persn(s) are the victim(s), the abuser(s), r bth. Please refer t the Essential standards f quality and safety fr infrmatin abut what must be ntified in relatin t abuse. Service prviders must als alert the relevant lcal safeguarding authrity when ntificatin is made t the CQC abut abuse r alleged abuse, The frms are available n the CQC website. The executin f the statutry respnsibilities f the CQC relies n timely and cnsidered interventin by their fficers. It is therefre essential that enquiries int allegatins invlving residential, nursing r dmiciliary care services are undertaken in cllabratin with the apprpriate inspectrate. The CQC must satisfy themselves that the lcal Scial Services District Team is aware f incidents r allegatins f abuse which cme t the attentin f the CQC frm ther surces. Establish Wrking Arrangements The enquiry must take accunt f ther agencies and identify thse wh need t be invlved. Where there is a jint interest r respnsibility an early agreement regarding lead respnsibility and n wrking arrangements must be clarified. Where agreement cannt be reached r where difficulties are being experienced, the Scial Services District Team Manager shuld be asked t btain clarificatin at a senir level with the agencies invlved. Invlve the Alleged Victim The prcess f the enquiries shuld be carefully explained t the allegedly abused persn and their cnsent t prceed with the enquiry btained if pssible. Arrangements shuld be made t have a relative, friend r independent advcate present if the persn s desires. The relative, friend r independent advcate shuld nt be a persn suspected f being in any way invlved r implicated in the abuse.

7 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure A review f a Service Users Care Plan shuld be undertaken t ensure that they are prperly supprted fllwing the alleged abuse incident and they shuld be supprted by the service t take part in the safeguarding prcess t the extent t which they want r are able t d, r t which the prcess allws, and they are kept infrmed f prgress. Cntact Advcacy Services See Advcacy Plicy and Prcedure, and the Cmplaints sectin f the Service User s Handbk fr advcacy cntacts. Bring in Specialist Skills Cnsideratin must be given t enlisting the services r advice r persnnel with specific skills r knwledge, particularly where peple invlved have limited cmmunicatin skills, r where English is nt their first language. Crdinate The Scial Services District Team, as the lead agency, crdinating the respnse, must ntify ther agencies and identify thse wh need t be invlved and ensure the fllwing prcesses are addressed: Investigatin Investigatin f the incident using the guidance; Actin t ensure immediate safety f the alleged victim; Early invlvement f key agencies thrugh a strategy meeting r discussin (by telephne if apprpriate); Agreement with ther agencies wh shuld take the lead in the investigatin; Assessment and care Planning fr the vulnerable persn wh has been abused; Actin with regard t criminal prceedings; Actin by emplyers, such as, suspensin, disciplinary prceedings, use f cmplaints and grievance prcedures and actin t remve the perpetratr frm the prfessinal register; Arrangements fr treatment r care f the abuser, if apprpriate; Cnsideratin f implicatins relating t regulatin, inspectin and cntract mnitring; Apprpriate measures t reassure and supprt carers and in keeping them infrmed; Develpment, implementatin and mnitring f a care Plan; Maintain apprpriate recrds.

8 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Fr a variety f reasns, agencies ther than the Plice may need t cnduct investigatins int incidents f alleged abuse. This is because absence f (r insufficient evidence t substantiate) criminal activity cannt be taken as cnfirmatin that abuse has nt taken place. Investigatin is a prcess that fcuses n gathering gd evidence that can be used as a basis fr the decisin whether r nt abuse has ccurred. It must be a rigrus prcess and the evidence must be capable f withstanding clse scrutiny, as it may later be required fr frmal prceedings. Such prceedings may be against the perpetratr f the abuse r against ther individuals r rganisatins in psitins f respnsibility and accuntability. In these circumstances any decisin made n the facts that arise frm the investigatin is made n the civil standards f prf i.e. n the balance f prbabilities. Case Cnference Fllwing the investigatin r if deemed necessary at any time during the prcess; it may be necessary t call a case cnference invlving all relevant agencies and parties. One f the purpses f the case cnference wuld be t make multi agency decisins abut future actin t address the needs f the individual. An agency invlved in the case may ask fr a case cnference t be held, althugh the final decisin t call a cnference rests with the Scial Services District Team Manager. Cnfidentiality Reprting incidences f alleged abuse may invlve disclsing cnfidential persnal infrmatin. Organisatins and their wrkers will need t make reference t their rganisatin s infrmatin sharing plicies t ensure they are aware in what circumstances infrmatin sharing with ther agencies may be apprpriate. The Data Prtectin Act makes imprtant requirements abut hw infrmatin abut individuals is stred prcessed and shared, apprpriate measure must be taken by the service t prtect persnal data. Ntificatins abut individuals must nt include their name r ther details that a third party culd use t identify them. Advice is t use cdes instead f names, even where cdes are used, they shuld nt easily identify an individual such as rm number r date f birth. A recrd f agreed cdes shuld be established and kept secure, shuld the CQC require mre infrmatin regarding an incident. Feedback The accepted gd practice cncerning recrding, minuting and circulatin will be bserved and The Scial Services District Team Manager must ensure that feedback is given t the referring rganisatin and family as apprpriate. General prcedures fr the preventin f abuse during emplyment: The whistle blwing plicy will be drawn t the attentin f all emplyees during inductin. Managers will ensure that they have a clear understanding f the cntents f N Secrets, the relevant dcuments published by the Dept. f Health. During inductin training, all emplyees will cmplete the Understanding Abuse wrkbk, and have an pprtunity t read N Secrets. The persn respnsible fr training new emplyees will verify that they have a clear understanding f the pssible frms f abuse based n N Secrets, their respnsibility t prevent and reprt such abuse, and the avenues pen t them fr reprting.

9 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Allegatins f abuse will be dealt with accrding t the prcedures set ut in N Secrets. The Service Users Finances Plicy and Prcedure will be made available t all emplyees during inductin. All Service Users will receive a cpy f the Service Users Handbk. Refer t the rganisatin s Cmplaints Plicy and Prcedure, Whistle-blwing Plicy and Prcedure and N Secrets fr detailed prcedures if allegatins f abuse are made. Frmal supervisins will take place at least every tw mnths, and the results recrded (see Emplyee Supervisin Plicy and Prcedure). The supervisin frmat will ensure that emplyees are asked, at every instance f supervisin, whether they have received a criminal cnvictin r warning, r ntice f referral t the DBS register, which has nt yet been declared t the emplyer. Cmplete the DBS Referral Frm, which can be dwnladed frm A cpy can als be fund in the Abuse Reprting sectin f Useful Dcuments n yur QCS web site. REFERRAL TO THE INDEPENDENT SAFEGUARDING AUTHORITY Ensure Safety Prcedure fr reprting suspected cases f abuse. Implicatins fr recruitment prcedures: OTHER SAFEGUARDING POWERS: The Mental Capacity Act 2005 prvides a framewrk fr adults wh lack capacity. Safeguarding Vulnerable Grups Act The Sexual Offences Act 2003 utlines a number f ffences where a persn s chices abut sexual activity may be affected by their mental disrder. The Law Cmmissin has undertaken a cnsultatin exercise n adult scial care law including safeguarding pwers. They are likely t recmmend clarificatin f the existing legal psitin and establish a duty t make enquiries and take apprpriate actin in adult prtectin cases. Practitiners shuld be aware f pssible changes t the law later in 2011.

10 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure System flwchart fr recruitment t meet Health and Scial Care Act 2008 and DBS Regulatins

11 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure

12 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure

13 Carers Direct Hmecare Ltd New Huse, 94 New Walk, Leicester, Leicestershire, LE1 7EA Phne: , Fax: CR03 - Safeguarding Plicy and Prcedure Nte: All QCS Plicies are reviewed annually, mre frequently, r as necessary.