Adult Support and Protection Flashcards
who is an ‘adult at risk’
Adults at risk’ are adults (aged 16yrs or
over) who:
- are unable to safeguard their own wellbeing,
property, rights or other interests;
- are at risk of harm; and
- because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than `adults who are not so affected.
ALL 3 need to be met
what is meant by ‘risk of harm
adult at risk of harm if
- another person’s conduct is causing (or is
likely to cause) the adult to be harmed, or
- the adult is engaging (or is likely to engage)
in conduct which causes (or is likely to cause)
self-harm.`
inc neglect and other failures to act
who can cause harm?
anyone
where can harm happen
anywhere
health care setting, family home, own home, social club or activities
6 main types of harm
physical
psychological
financial
sexual
neglect
discriminatory
physical harm
This means hurting a person’s body or stopping a person moving about. Physical harm can be: - Hitting a person - Shaking a person - Locking a person up.
psychological harm
This means hurting someone mentally.
Psychological harm can be:
- Upsetting a person’s feelings
- Making a person feel scared
- Leaving a person alone for too long.
financial harm
This means stopping a person from having their
money or belongings.
Financial harm can be:
- Stealing money from a person
- Stopping someone using their own money
- Stopping someone using the things they own
sexual harm
This means getting a person to do sexual things
they don’t want to do or don’t understand.
Sexual harm can be:
- Making a person have sex
- Taking photos at private times
- Making a person look at sex DVDs or photos
- Getting a person to do sexual things for money or presents.
neglect
This means stopping a person getting the things
they need to be well.
Neglect can be:
- Stopping a person from seeing their doctor
- Stopping a person from getting their medicine
- Stopping a person from getting their food.
discriminatory harm
This means hurting someone by being hateful or bigoted towards them.
Discriminatory harm can
be:
- Harassment
- Mistreating or behaving differently towards
someone due to their gender, sexual orientation, race, disability, age, colour, language, religion or belief, and politics.
what should i o if i have concerns that a person is or may be an ‘adult at risk’?
You should do the following if you have concerns that a person is or may be
an ‘adult at risk’:
- Report this immediately to your line manager.
- Remember, harm can also happen within a
service setting and the source of harm can be a
colleague or a manager. - Regardless of this the
facts and circumstances must be reported to
Glasgow City HSCP.
what should i do if i witness, suspect or receive information about an adult at risk being subject to harm, mistreatment or neglect
If the person does not require immediate
medical attention speak to the person about your concerns.
What has happened,
has it happened before, who
was involved,
what the person thinks about the situation and what they want done about it.
Try to ascertain if there are any potential risks to other
adults and children.
You need to listen to what they have to say and obtain all the relevant information.
what is relevant information
Relevant details relating to the situation should include:
- Name, address, date of birth, ethnic origin, gender, religion, type of accommodation, family circumstances, support networks, physical health, any communication difficulties, mental health and any associated statutory orders, or whatever information is available.
- The staff member’s job title and the reason for
their involvement.
- The nature and the substance of the allegation or concern.
- Details of any care givers and/or significant others.
- Details of the alleged perpetrator, where appropriate, and his or her current whereabouts and likely movements over the next 24 hours, if known.
- Details of any specific incidents (for example dates, times, injuries, witnesses, evidence [such as bruising]).
- Background relating to any previous concerns.
- Any information given to the person, their expectations and wishes if known
checklist for reporting adult at risk
Record the date, time and where the harm is alleged to have taken place or where it was witnessed.
Record details of anyone else who was there.
Record what the adult at risk of harm says using the words of the person making the disclosure even if they seem rude or embarrassing.
Tell the adult at risk you need to speak to your
manager.
Try to separate the factual information from any opinions.
Date and sign your report.
Don’t forget your report may be required as part of any legal action or disciplinary
proceedings.
what do i do if the person needs immediate medical assistance
Contact emergency services on 999, if an adult at risk appears to be in immediate need of medical attention or if there is evidence of physical or sexual harm.
Uncertainty about consent and capacity should not
prevent the provision of urgent medical assistance.
- Inform the Police if a crime has or may have been committed.
- Staff must be aware of the need to preserve evidence.
- Staff should not put themselves at risk.
service providers will work to prevent/minimise the risk of harm occurring by
Following safe recruitment practices.
Having the correct staffing levels and staff that
have the right skills to meet the needs of the
service users.
Providing appropriate training including adult
protection training. Staff should be able to demonstrate an awareness of what is harm, that it can happen anywhere and can be caused by a range of people.
Ensuring that staff attend regular staff meetings and providing supervision, so staff can discuss and learn about care practices which could be harmful.
Ensuring staff are listened and responded to when staff, service users and carers raise concerns.
what is i suspect an offence has been committed and do i need the adults consent
An Adult’s consent should usually be sought
before the police are contacted, however this
is not always necessary.
Adults at risk of harm are individuals in their own
right and must be allowed to exercise their right to
choose the way they live their life, unless:
- The adult is at immediate risk of significant harm.
- The adult does not have capacity to understand
his/her choice or consequences.
- There is concern the person is being unduly
pressured to withhold their consent.
- The situation involves a service provider and other adults may also be at risk or harm.
- There is a public safety concern and it is in the
public interest to override consent because of the seriousness of the incident or allegation and/ or risk to other people.
- Any member of staff from any agency witnessed a crime being committed.
If in any doubt about contacting the police, discuss this with your line manager.
Contact Number 999 in an emergency.
- Request the assistance of the police and any other
emergency service that is required.
Police Scotland: 101
A referral must also be made to Glasgow City HSCP
- regardless of whether the police or any other
emergency services are contacted.
who would i report concern to within Glasgow City HSCP
either
- Social Care Direct on 0141 287 0555 - contact for all referrals.
- The Social Worker or Care Manager to which the person is already allocated or
- The Duty Social Worker.
- Out of hours - Glasgow and Partners Emergency Social Work Service (before 8.45am and after 4.45pm Monday to Thursday, before 8.45am and after 3.55pm on Fridays, and during weekends and public holidays).
0300 343 1505
what is i need advice about what to do
Social Care Direct can be contacted for advice at any time during working hours.
Social Care Direct: 0141 287 0555
Outwith office hours you can contact:
- Glasgow and Partners Emergency Services on
0300 343 1505
You can phone the Social Work duty team and ask to speak to a Duty Worker. - North East Area Team 0141 276 4710 - South Area Team 0141 276 5010 - West Area Team 0141 276 5252
who else should be contacted
Referrers from registered care providers should contact.
- Care Inspectorate: 0141 848 4230
- Glasgow City HSCP Commissioning Team via
Social Care Direct
Other contacts can include:
- The Mental Welfare Commission: 0131 313 8777
- Advocacy Services can also provide advice. Main contact for Advocacy Services is: Advocacy Project: 0141 420 0961
Adults support and protection context
Agencies should refer to their own policies and procedures
- overarching responsibility for Governance, Quality Assurance and Multiagency collaboration across the Partnership.
- vision statement- “By promoting health and well-being we aim to strengthen, safeguard and protect vulnerable people”.
Agencies are responsible for providing ASP training
Multi agency training provides an overview of the legislation and refers to the policies and procedures of the Local Authority.
Further information is available at - www.glasgowadultprotection.org.uk
key legislation used to support and protect adults
Adults With Incapacity (Scotland) Act 2000
- Allows intervention in an adult’s welfare and financial affairs where the adult lacks capacity.
Mental Health (Care and Treatment) (Scotland) Act 2003 - Enables medical professionals to detain and treat people on the grounds of mental disorder
Human Rights Act 1998
- The rights of individuals must be upheld at all times
All linked to the Human rights Act which ensures for example
- your right to have and express your own opinions
- your right to a private and family life
Adults With Incapacity (Scotland) Act 2000
Allows intervention in an adult’s welfare and financial affairs where the adult lacks capacity.
Mental Health (Care and Treatment) (Scotland) Act 2003
Enables medical professionals to detain and treat people on the grounds of mental disorder
Human Rights Act 1998
The rights of individuals must be upheld at all times
e. g.
- your right to have and express your own opinions
- your right to a private and family life
using the law to protect adults
The law overlaps - Triage of Legislation
- It will be for the social worker to determine while supporting the adult which area of legislation will be most appropriate.
- Sometimes it may be necessary to use more than one law
It can be difficult to find the best response
Consider alternatives to legislation
Adult protection situations are often complex and messy – the law will never be able to offer solutions for every situation
- Adult support and protection is a consenting piece of legislation
- much more powerful when the adult works with services to effect change in their own life and circumstances,
if they however have capacity and choose not to that is there right.
- ASP still allows us to gather the facts under the duty to inquire, investigation stage and hold a case conference if required,
- Continuing with ongoing inquires/ investigation will enable us to highlight the risks and concerns even when someone is not engaging and having these multi agency concerns documented.
Adult Support and Protection (Scotland) Act 2007
ASP Act was implemented in October 2008
- 12 years in practice to 2020
Introduced new measures to identify and protect “adults at risk of harm”
- New definitions and terminology
“Abuse” - replaced with “harm”
“Vulnerable adult” replaced with “adult at risk”
adult at risk 3 point test
Adults aged 16 and over who;
- are unable to safeguard their own well-being, property, rights or other interests; (and)
- are at risk of harm; and
- because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected
All 3 points above MUST be met, this is commonly referred to as the 3 POINT TEST
- adult needs help, support and protection as at risk of harm
‘unable’ definition
Oxford English Dictionary as ‘Lacking the skill, means or opportunity to do something’.
A clear distinction should be drawn between an Adult who lacks these skills and is unable to safeguard themselves or a person who is deemed to have the skill, means or opportunity to keep themselves safe, but chooses not to do so.
An inability to safeguard oneself is not the same as an adult not having capacity.
An adult may be considered unwilling rather than unable to safeguard themselves and so may not be considered an adult at risk.
For example, the issue of ongoing problematic use of drugs or alcohol may take place alongside (and on occasions contribute to) a physical or mental illness, mental disorder or a condition such as alcohol related brain damage.
- If this is the case an adult may be considered an “adult at risk”.
However, without any additional vulnerability, such as an illness or disability, adult protection intervention would not normally be appropriate.
- It is the co-existing illness, disability or frailty, which would trigger adult protection considerations, rather than the substance use itself.