Safeguarding Vulnerable Adults1a

7/25/2019 Safeguarding Vulnerable Adults1a

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SAFEGUARDING VULNERABLE ADULTS (SOVA), LEVEL 2 -SECTION1SAFEGUARDING VULNERABLE ADULTS (POVA), LEVEL 2 - COURSE DISCLAIMER

Under the U !"#, "!! he"!th $r%&e''%n"!' #%rn* #th "d+!t' "t r'

(+!ner"!e "d+!t') "re re.+red t% $"'' " tr"nn* /%+r'e &%r the S"&e*+"rdn*

V+!ner"!e Ad+!t' (POVA)0

This course aims to provide you with some of the key knowledge and skills

necessary to recognise and respond to abuse.

This involves the ability to identify and report concerns of the abuse and neglect of

adults at risk, and to understand your role the investigation process.

C%+r'e D'/!"er

This course has been written to introduce its reader to the competencies required by

those who work with Adults at Risk/Vulnerable Adults in the tatutory, Voluntary, and

!rivate sectors, and staff who manage adult abuse cases.

Th' " n/!+de3 .+"!&ed 't"&& #%rn* #th 't"t+t%r he"!th/"re "*en/e',

'%/"!4/"re #%rer', n+r'e', "!!ed he"!th $r%&e''%n"!', #"rd ''ter', GP5',

/"re "nd n+r'n* h%e "n"*er', te" !e"der', "nd $%!/e %&&/er'0

The aim of the course is to give you an awareness as to your role in afeguarding

Adults at Risk "Vulnerable Adults#.

$t is not designed to act as a means by which competency in undertaking and

coordinating a safeguarding adult risk assessment and safeguarding adult protection

plan/action is assessed. "This will be covered in afeguarding Vulnerable Adults

"!%VA#, &evel ' competencies.#

( )*+) $nteractive ealthcare Training &td. Any copying in whole or in part of the te-t of this training

programme is strictly prohibited. oral rights of the author under the opyright 0esigns and !atents

Act +1COURSE AIMS 6 OB7ECTIVES

On /%$!et%n %& th' /%+r'e %+ #!! e "!e t%3


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Apply the e-ternal legislation

governing afeguarding Vulnerable

Adults "%VA#

0efine the term 2Vulnerable Adult3

and understand the conte-t of

safeguarding and protection from

abuse

0efine the term 2afeguarding3 and

your role in recognising and reporting abuse

4otice the evidence and the key signs of abuse

Recognise different types of abuse

5now how to respond to suspected or alleged abuse

anage a safe environment

5now different ways to minimise the risk of abuse, and identify why some

adults are more vulnerable

$nform the correct individuals, if you suspect abuse has occurred "recognise

and report unsafe practices#

0escribe the dignity and respect that will become commonplace in individual6

centred care


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Th' /%+r'e ' "!*ned t% the U C%re S!!' Tr"nn* Fr"e#%r'

'+8e/t 9S"&e*+"rdn* "d+!t'90

77 are asserted.

A89:;AR0$4: V;&49RA>@

N% Se/ret' The Pr%te/t%n %& V+!ner"!e Ad+!t' 2>>> 6 2>> (%&&/"!

*+d"n/e $+!'hed the De$"rtent %& ;e"!th "nd the ;%e O&&/e)

C"re St"nd"rd' A/t 2>>>

The Ment"! C"$"/t A/t 2>>=

The ;+"n R*ht' A/t 1

The E.+"!t A/t 2>1>

I$%rt"nt ter' re!"ted t% S"&e*+"rdn* Ad+!t' "t R'

F%!!%#ed " 'h%rt te't


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A89:;AR0$4: V;&49RA :uidance about ompliance> 9ssential tandards

Cuality and afety %utcomes ? and D

!rofessional odes of !ractice

4ational ompetence 8ramework for afeguarding Adults

0ignity in are


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afeguarding Adults> The role of health services

The ental apacity Act )**E

The uman Rights Act +117

The 9quality Act )*+*

Fhistleblowing "!ublic 0isclosure Act# )**7

ealth and ocial care Act )**7

tatement of :overnment policy on Adult afeguarding

Under S"&e*+"rdn* Ad+!t' !e*'!"t%n "nd *+d"n/e, "!! 't"t+t%r "nd

nde$endent "*en/e' en*"*ed n "d+!t '%/"! /"re, /%+nt %r*"n'"t%n'

"nd *r%+$', n/!+dn* $e%$!e #h% +'e 'er/e' "nd /"rer', "re re'$%n'!e &%r

+!ner"!e "d+!t' n ther /"re "nd +'t en'+re ther 'er/e +'er' "re

$r%te/ted &r% "n "+'e %r ne*!e/t0

=ou may also find it helpful to check all local area6specific legislation that might aid

your work.

SAFEGUARDING VULNERABLE ADULTS (POVA) SC;EME

The !%VA scheme, as implemented in the are tandards Act )*** was introduced

from Guly )**?. At the heart of the !%VA scheme is a list of care workers who have

harmed vulnerable adults in their care.

ince )@ Guly )**?, there has been a statutory requirement on care providers to

check if workers they wish to appoint to a care position "meaning a position that

would enable workers employed in care homes or by domiciliary care agencies to

have regular contact with vulnerable adults# are included on the !%VA list.

$f individuals are included on the !%VA list, they are deemed ineligible for

employment in this area.

8or a link to the !%VA scheme official

government legislation please click below>


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http>//www.dh.gov.uk/prodHconsumHdh/groups/dhHdigitalassets/Idh/Ien/document

s/digitalasset/dhH?*1*'+1.pdf

A89:;AR0$4: V;&49RA


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to catch those already in employment, who commit wrongs following initial

suitability checks carried out prior to their employment.

The afeguarding Vulnerable :roups Act )**@ makes riminal Record checks

compulsory for any staff members who>

ave contact with service users in registered care home

!rovide personal care services in someone3s home

Are involved in providing adult placement schemes.

!otential employers must carry out a pre6employment criminal record check with the

riminal Records

http>//www.isa.homeoffice.gov.uk/

8or a link to the official government legislation please click this link>

http>//www.opsi.gov.uk/acts/acts)**@/ukpgaH)**@**?DHenH+

The CC

The C stands for the C"re +"!t C%''%n, and it is their role to check

whether hospitals, care homes and care services are meeting government standards

of quality and safety.

NO SECRETS GUIDANCE

The N% Se/ret' (En*!"nd) "nd In S"&e ;"nd' (:"!e') d%/+ent #"' nt"!!

$+!'hed n 2>>> "nd then ree#ed n 2>>, the De$"rtent %& ;e"!th "nd

the ;%e O&&/e, +nder 'e/t%n %& the L%/"! A+th%rt S%/"! Ser/e' A/t

110
http://www.isa.homeoffice.gov.uk/http://www.opsi.gov.uk/acts/acts2006/ukpga_20060047_en_1http://www.isa.homeoffice.gov.uk/http://www.opsi.gov.uk/acts/acts2006/ukpga_20060047_en_1


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The document3s full title is> N% 'e/ret'3 G+d"n/e %n dee!%$n* "nd

$!eentn* +!t-"*en/ $%!/e' "nd $r%/ed+re' t% $r%te/t +!ner"!e

"d+!t' &r% "+'e0

The guidance covers

different aspects of

safeguarding vulnerable

adults, including the

definition of vulnerable

adult, abuse and harm. $t

also illustrates all types

of abuse. $t ensures that

all cases of abuse are

reported as soon as possible.

Article E.+ "of the 0%, +111 4o ecrets, p. )D# states>

"A key element and starting point for successfully dealing with concerns and

allegations of the abuse of vulnerable adults must be that agencies [care homes,

hospitals etc.] have an organisational environment and framework within which all

concerned feel able to come forward without fear of ridicule, victimisation or other

negative consequence. Without this the risk of abuse going unnoticed, unreported

and, thus continuing, will remain.

A!th%+*h 9N% Se/ret'9 ' %n! *+d"n/e, "nd h"' n% !e*'!"te $%#er', t '

re/%*n'ed "' H't"t+t%r *+d"n/e5 n re!"t%n t% !%/"! '%/"! 'er/e'

"+th%rte'0

I& the "+th%rte' 'h%+!d /h%%'e n%t t% &%!!%# th' *+d"n/e, the *ht e

deeed t% e "/tn* +n!"#&+!!, "nd "' " re'+!t the *ht e he!d n !e*"!

/"'e /"!!ed H8+d/"! ree#50

;%#eer #hen "n "+th%rt &%!!%#' th' *+d"n/e, the nt"! "*en/ #h% #!!

need t% e /%n'+!ted n "n "!!e*"t%n %& "+'e ' the !%/"! S%/"! Ser/e'


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A+th%rt0 S+'e.+ent!, re$re'ent"te' +'t e 'e!e/ted &r% the re!e"nt

"*en/e' e!%#3

+. ommissioners of health and social care services

). !roviders of health and social care services

'. !roviders of sheltered and supported housing

?. Regulators of services

E. The police and other relevant law enforcement agencies, including the

rown !rosecution ervice "!#

@. Voluntary and private sector services

D. %ther local authority departments e.g. housing and education

7. !robation departments

1. 0


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$n some situations and certain areas, it may be advisable that a standing committee

is created, with defined remits and lines of accountability, and agreed obJectives and

priorities for their work. This will typically be the case in larger areas such as :reater

&ondon. ome responsibilities for these standing committees could be determiningpolicy, co6ordinating activity between agencies, facilitating training and monitoring

and reviewing progress.

NO SECRETS GUIDANCE

The N% Se/ret' (En*!"nd) "nd In S"&e ;"nd' (:"!e') d%/+ent #"' nt"!!

$+!'hed n 2>>> "nd then ree#ed n 2>>, the De$"rtent %& ;e"!th "nd

the ;%e O&&/e, +nder 'e/t%n %& the L%/"! A+th%rt S%/"! Ser/e' A/t

110

The document3s full title is> N% 'e/ret'3 G+d"n/e %n dee!%$n* "nd

$!eentn* +!t-"*en/ $%!/e' "nd $r%/ed+re' t% $r%te/t +!ner"!e

"d+!t' &r% "+'e0

The guidance covers

different aspects of

safeguarding vulnerable

adults, including the

definition of vulnerable

adult, abuse and harm. $t

also illustrates all types

of abuse. $t ensures that

all cases of abuse are

reported as soon as possible.

Article E.+ "of the 0%, +111 4o ecrets, p. )D# states>

"A key element and starting point for successfully dealing with concerns and

allegations of the abuse of vulnerable adults must be that agencies [care homes,

hospitals etc.] have an organisational environment and framework within which all

concerned feel able to come forward without fear of ridicule, victimisation or other

negative consequence. Without this the risk of abuse going unnoticed, unreported

and, thus continuing, will remain.


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A!th%+*h 9N% Se/ret'9 ' %n! *+d"n/e, "nd h"' n% !e*'!"te $%#er', t '

re/%*n'ed "' H't"t+t%r *+d"n/e5 n re!"t%n t% !%/"! '%/"! 'er/e'

"+th%rte'0

I& the "+th%rte' 'h%+!d /h%%'e n%t t% &%!!%# th' *+d"n/e, the *ht e

deeed t% e "/tn* +n!"#&+!!, "nd "' " re'+!t the *ht e he!d n !e*"!

/"'e /"!!ed H8+d/"! ree#50

;%#eer #hen "n "+th%rt &%!!%#' th' *+d"n/e, the nt"! "*en/ #h% #!!

need t% e /%n'+!ted n "n "!!e*"t%n %& "+'e ' the !%/"! S%/"! Ser/e'

A+th%rt0 S+'e.+ent!, re$re'ent"te' +'t e 'e!e/ted &r% the re!e"nt

"*en/e' e!%#3

+. ommissioners of health and social care services

). !roviders of health and social care services

'. !roviders of sheltered and supported housing

?. Regulators of services

E. The police and other relevant law enforcement agencies, including the

rown !rosecution ervice "!#

@. Voluntary and private sector services

D. %ther local authority departments e.g. housing and education

7. !robation departments

1. 0


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++. ;ser groups and user6led services

+).Advocacy and advisory services

+'.ommunity safety partnerships

+?.ervices meeting the needs of specific groups e-periencing violence

+E.%rganisations offering legal advice and representation

$n some situations and certain areas, it may be advisable that a standing committee

is created, with defined remits and lines of accountability, and agreed obJectives and

priorities for their work. This will typically be the case in larger areas such as :reater

&ondon. ome responsibilities for these standing committees could be determining

policy, co6ordinating activity between agencies, facilitating training and monitoring

and reviewing progress.

CARE STANDARDS ACT 2>>>

The C"re St"nd"rd' A/t 2>>> e't"!'he' " ne#, nde$endent re*+!"t%r %d

&%r '%/"! /"re "nd $r"te "nd %!+nt"r he"!th/"re 'er/e' (H/"re 'er/e'5)

n En*!"nd t% e n%#n "' the N"t%n"! C"re St"nd"rd' C%''%n (NCSC)0

$t also establishes new, independent ouncils to register social care workers, set

standards in social care work and regulate the education and training of social

workers in 9ngland and Fales.

Fr% 1't A$r! 2>>2, the N"t%n"! C"re St"nd"rd' C%''%n (NCSC) e/"e

re'$%n'!e &%r the re*'tr"t%n "nd n'$e/t%n %& "!! C"re ;%e' "nd $r"te

he"!th/"re &"/!te' (n%# /"te*%r'ed "' 9Inde$endent ;%'$t"!'9) n En*!"nd0

8acilities previously categorised as Mental 4ursing omesM are now also referred to

as M$ndependent ospitalsM.


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The N"t%n"! C"re St"nd"rd'

C%''%n (NCSC) ' "!'%

re'$%n'!e &%r

$nspecting all care homes and independent

hospitals

!roviding help in compliance with the legislation

Assisting in continual improvement of the quality of services

Reviewing some complaints

!romoting standards of care in accordance with the e-isting regulations

8or a link to the official government legislation please click below>

T;E MENTAL CAPACIT ACT 2>>=

The Ment"! C"$"/t A/t 2>>= #"' &+!! $!eented %n 1 O/t%er 2>>0

$t provided a legal framework for people who lack capacity and those caring for them

by setting out key principles, procedures and safeguards.

The A/t $r%de' *+d"n/e #th re*"rd' t% e$%#erent "nd n&%red

de/'%n "n*, "n* t /!e"r th"t %'t nterent%n' re.+re the /%n'ent

"nd $"rt/$"t%n %& the +!ner"!e "d+!t, "nd +'t !e*"!! e t"en nt%

"//%+nt0


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According to the ental apacity Act ode of !ractice,"whenever the term !a

person who lacks capacity is used, it means a person who lacks capacity to make a

particular decision or take a particular action for themselves at the time the decision

or action needs to be taken."

"#his reflects the fact that people may lack capacity to make some decisions for

themselves, but will have capacity to make other decisions. $or e%ample, they may

have capacity to make small decisions about everyday issues such as what to wear

or what to eat, but lack capacity to make more comple% decisions about financial

matters."

The ental apacity Act )**E indicates that even when a

person lacks capacity, they must still be encouraged to

participate in the decision making process, and their past

and present wishes should be into account.

9ven though the person3s wishes are not legally decisive

and may not be followed, they still carry significant legal

weight and should be taken into account.

8or further reading please go to the 0epartment of ealth3s website, section>

The ental apacity Act )**E,

http>//www.dh.gov.uk/en/ocialare/0eliveringsocialcare/entalapacity/entalap

acityAct)**E/inde-.htm

=ou can download the ental apacity Act ode of !ractice document 9R9, or go

to the following website> http>//webarchive.nationalarchives.gov.uk/

N/http>//www.dca.gov.uk/legal6policy/mental6capacity/mca6cp.pdfand download the

document directly from the source website.

T;E ;UMAN RIG;TS ACT 1

;+"n r*ht' "re /%nt"ned n the E+r%$e"n C%nent%n %n ;+"n R*ht'0

The ;+"n R*ht' A/t 1 nte*r"ted the C%nent%n nt% U !"#0

According to the 4o ecrets :uidance, abuse is a violation of an individual3s human

and civil rights.
http://www.dh.gov.uk/en/SocialCare/Deliveringsocialcare/MentalCapacity/MentalCapacityAct2005/index.htmhttp://www.dh.gov.uk/en/SocialCare/Deliveringsocialcare/MentalCapacity/MentalCapacityAct2005/index.htmhttp://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdfhttp://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdfhttp://www.dh.gov.uk/en/SocialCare/Deliveringsocialcare/MentalCapacity/MentalCapacityAct2005/index.htmhttp://www.dh.gov.uk/en/SocialCare/Deliveringsocialcare/MentalCapacity/MentalCapacityAct2005/index.htmhttp://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdfhttp://webarchive.nationalarchives.gov.uk/+/http:/www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdf


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The human rights operate on the proportionality

principle, which ensure that a balance is

maintained between the rights of vulnerable

adults and those who work with them.S"&e*+"rdn* ' "%+t $r%te/tn* $e%$!e,

ther "+t%n%, nde$enden/e "nd &reed%

t% "e /h%/e'0

owever, people who work with vulnerable

adults have legal rights too.

Therefore, organisations should avoid putting in

place e-cessive rules and measures to

safeguard vulnerable adults, if the effect of

implementing these rules and measures should

be legally unfair on workers.

;+"n r*ht' $"rt/+!"r! re!e"nt n '"&e*+"rdn* +!ner"!e "d+!t' "re3

The r*ht t% !&e ("rt/!e 2)

The r*ht n%t t% e t%rt+red %r tre"ted n "n nh+"n %r de*r"dn* #"

("rt/!e J)

The r*ht t% !ert ("rt/!e =)

The r*ht t% re'$e/t &%r $r"te "nd &"! !&e, h%e "nd

/%rre'$%nden/e ("rt/!e )

T;E EUALIT ACT 2>1>

The E.+"!t A/t 2>1> $r%de' " !e*'!"te &r"e#%r t% $r%te/t the r*ht' %&

ndd+"!' "nd $r%de e.+"!t %& %$$%rt+nt &%r "!!, e'$e/"!! +!ner"!e

$e%$!e0

All organisations and individuals that provide a service to the public or a section of

the public are obliged to adhere to this legislation.


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The Act makes it unlawful to treat a disabled person unfavourably because of an

issue arising from or as a consequence of a person3s disability.

The A/t 't"te' th"t $e%$!e #th " H$r%te/ted /h"r"/ter't/5 (0e0 +!ner"!e

$e%$!e) +'t e $r%te/ted &r% dre/t %r ndre/t d'/rn"t%n %n *r%+nd' %&ther3

D'"!t

Gender re"''*nent

Pre*n"n/ "nd "ternt

R"/e

Re!*%n e!e& %r n%n e!e&

SeK

SeK+"! %rent"t%n

A*e

There&%re, "n%ne #%rn* #th +!ner"!e "d+!t' ' &%r"!! re.+red t%3

8ollow the legal guidelines and company policies that apply to equality and

diversity regulations.

%bserve and report any signs of abuse,

harassment or discrimination, particularly

if vulnerable disabled people are involved.

4urture positive relationships between different groups of people.


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!romote positive attitudes towards disabled people, including positive actions

to help people with protected characteristics overcome disadvantage.

$nvolve people in decisions regarding their health and social care, and their

access to services.

The E.+"!t A/t 2>1> de&ne' '+/h ter' "' h"r, "+'e, "nd %ther

eh"%+r' /"te*%red "' h"r"''ent0

IMPORTANT TERMS RELATING TO SAFEGUARDING ADULTS AT RIS

Ad+!t "t R' a person over +7 years of age, who is or may be in needof community care services by reason of mental health, age or illness, and who may

not be able to look after themselves or protect themselves against abuse or

e-ploitation. The term Adult at Risk is often used in place of Vulnerable Adult "which

is still in use in many areas# as it indicates some fault on the part of the victim of

abuse.

Ad%/"/ services which havebeen put in place for people who may

have difficulty in communicating their

needs, to help them protect their rights

and reach the services they need. $n

times of crisis advocates can have a

strong influence on the outcome of

reviews, assessments and appeals.

A!ert a concern raised within an organisation when abuse of an adult at riskhas been discovered or suspected. $t may come as a result of a number of situations

including a disclosure, or an incident, as well as other signs or indications of abuse.


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De$r"t%n %& Lert depriving an individual of their liberty even

though the legal authorisation process has not been followed. The law does not give

a definition of the term 2deprivation of liberty3 but describes an accumulation of

restrictions, including being accommodated in a care home or hospital, when the

relevant person is unable to consent to the accommodation and aspects of the care

and treatment that is needed to prevent harm to self. OThe distinction between

deprivation of and restriction upon liberty is merely one of degree or intensity and not

one of nature or substanceP "0o& ode of !ractice#

De$r"t%n %& Lert S"&e*+"rd' (D%LS)measures introduced in April )**1 "using the principles of ental apacity Act

)**E#, in order to provide legal protection for people at risk, who do not have

capacity to act for themselves and who may be deprived of their liberty. The

authorisation process ensures that deprivation of liberty is necessary, proportionate

and the least restrictive option and provides a legal process to challenge decisions to

deprive someone of their liberty. The safeguards apply to people in 9ngland and

Fales.

;"r ill treatment "both physical and non6physical#, avoidable deterioration in

physical and mental healthK impairment of physical, emotional, intellectual or social

development.

In&%red /%n'ent6 a legal procedure to ensure that a voluntaryagreement is given by an individual before any course of action is taken, and the

adult at risk understands the purpose, nature, possible effects and risks of that


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action. The consent of the adult believed to be at risk should always be sought

before the safeguarding procedures are undertaken.

Ine't*"tn* %&&/er a staff member "often a ocial Forker or aanager within the organisation# who is in charge of a safeguarding investigation

into a suspected /reported case of abuse. $nvestigating %fficer3s work is supervised

by the afeguarding oordinator.

Ment"! /"$"/t ability to make a decision about a specific matter atthe given moment in time, when taking the decision is required. Fhen people cannot

make a decision for themselves, this is

called lacking capacity.

Re&err"! an action that takesplace when the afeguarding Referral

!oint has been contacted by an individual

who e-pressed their concern about the

process of safeguarding of a particular

adult, or with regards to an alleged

abuse. A referral may happen as a result

of an individual being informed of an alert.

S"&e*+"rdn* Ad+!t'6 multi6disciplinary work to minimise andmanage a risk of abuse to adults who may be vulnerable. afeguarding procedures

aim to enable an adult Owho is or may be eligible for community care servicesP to

keep their independence, well6being, and ability to make their own decisions B


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choices, in accordance with their human right to live a life that is free from abuse and

neglect. afeguarding involves empowerment, protection and Justice.

S"&e*+"rdn* C%%rdn"t%r a person working for a local Adultocial are or an 4, whose role is to ensure that an appropriate course of action

is taken when a referral about safeguarding has been made. A afeguarding

oordinator oversees how the alleged abuse/concern should be investigated and

coordinates the investigation in progress, as well as supervises any protection

arrangements required.

V+!ner"!e Ad+!t see the term Adult at Risk.

:h't!e-!%#n* in the conte-t of afeguarding> raising concerns

about the practices of an organisation or an individual member of staff that might

lead/have lead to or abuse of adults at risk. Fhistle6blowers disclose their identity or

may act anonymously, which can make the investigation difficult. $n order to protect

adults, whistle6blowers should always be treated seriously, confidentially and fairly.

They should be informed of the measures taken to prevent abuse and also of their

outcome.

END OF SECTION 1

%+ h"e re"/hed the end %& Se/t%n 1 %& %+r /%+r'e0

P!e"'e $r%/eed t% /%$!ete the te't0

P!e"'e &ee! &ree t% then %e %n t% Se/t%n 20


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Documents

Safeguarding Vulnerable Adults1a