Search is committed to ensuring that any staff, associates or assigned temporary workers working within the health and social care sectors are made aware of relevant safeguarding vulnerable person’s legislation by attending annually updated training and as such are obliged to follow the processes summarised within this policy.
Safeguarding
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- The Human Rights Act 1998
- Safeguarding Vulnerable Groups Act 2006
- Mental Health Act 2007
- Mental Capacity Act 2005, 2008
- Deprivation of Liberty Safeguards 2009
- The Care Act 2014
- Public Disclosure Act 2008
- Health and Social Care Act 2008
- Community Care Act 1990
You can find all of this legislation on the government website https://www.legislation.gov.uk/
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- The Children’s Act 1989, 2004
- The Children and Young Person Act 1993
- The United Nations Convention on the Right of The Child
- Safeguarding Vulnerable Groups Act 2006
You can find this legislation on the government website https://www.legislation.gov.uk/
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A vulnerable adult is one, “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”.
Abuse is defined as, “a violation of an individual’s human and civil rights by another person or persons”,
The Children’s Act 1989 defines harm as, “ill treatment, impairment of health or development as compared to a similar child”
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Abuse can include:
- Physical abuse: hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions
- Sexual abuse: rape and sexual assault or sexual acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting
- Psychological abuse: emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks
- Financial or material abuse: theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits
- Neglect and acts of omission: ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating
- Discriminatory abuse: racist, sexist, that based on a person’s disability, and other forms of harassment, slurs or similar treatment
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All children have the right to stay safe and healthy, enjoy and achieve. Abuse and neglect are forms of maltreatment; a person may abuse or neglect a child by either inflicting harm or failing to prevent it.
Guidance to recognising symptoms of emotional, physical, domestic and sexual abuse and neglect of children is explained here.
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In all cases, priority must be given to ensuring the safety and care of the child or vulnerable adult, and referrals must be made as soon as possible as set out below.
Every staff member has a professional and moral duty to report any witnessed or suspected abuse to their line manager. This information should be referred to social services and every reported case must be assessed as a matter of urgency to determine an appropriate course of action.
On the occasion that a child, young person or vulnerable adult may directly disclose that they have been abused, all such disclosures should be taken seriously even if the adult is considered to be confused. It is important to listen carefully to what is being told. Although some older people with mental health needs may experience memory loss, cognitive impairment or delusional thoughts, it is also possible that they have been abused in the way they describe, or that something else distressing has occurred.
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Do
- Stay calm and try not to show shock or disbelief
- Listen carefully to what they are saying
- Be aware of the possibility that medical evidence might be needed
- Tell the person that:
- They did the right thing by telling you
- You are treating the information seriously
- It was not their fault
- You are going to inform the appropriate person
- You / the service will take steps to protect and support them
- Report to your line manager, senior manager, or to social services or the police in their absence
- At the first opportunity make a note of the disclosure and date and sign your record. You should aim to:
- Note what the people actually said, using their own words and phrases
- Describe the circumstances in which the disclosure came about
- Note the setting and anyone else who was there at the time
- Separate factual information from your own opinions
- Use a pen or biro with black ink, so that the report can be photocopied, and be aware that your report may be required later as part of a legal action or disciplinary procedure
Do not
- Press the person for more details; this will be done at a later date
- Stop someone who is freely recalling significant events, as they may not tell you again
- Promise to keep secrets: you cannot keep this kind of information confidential
- Make promises you cannot keep
- Contact the alleged abuser
- Be judgemental
- Pass on the information to anyone other than those with a legitimate ‘need to know’, such as your line manager or other appropriate person
Be aware that a person’s right to confidentiality can be overridden in certain circumstances:
- If there is a danger to life
- Where there is a danger to the community or public safety concerns
- Where the abuser or alleged abuser is a care worker or health care professional
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‘Whistleblowing’ is when a worker reports suspected wrongdoing at work. Officially this is called ‘making a disclosure in the public interest’. A worker can report things that aren’t right, are illegal or if anyone at work is neglecting their duties, including putting someone’s health and safety in danger.
In the first instance, all cases of suspected or witnessed abuse must be reported to the line manager or someone with responsibilities for safeguarding within the organisation the suspected or witnessed abuse has occurred.
If this is not an option, or if it is felt that the disclosure has not been actioned appropriately, or it is felt that raising issues internally will result in victimisation, workers have the right and are obliged to ‘whistle-blow’.
Public Concern at Work, a leading authority on whistleblowing, will be able to provide advice on this option
Regulatory/ Supervisory bodies to contact are as follows:
Care Quality Commission – regulates adult social and health care in England:
T: 03000 616 161
A: Care Quality Commission, Citygate, Gallowgate, Newcastle upon Tyne NE1 4PA
Ofsted – regulates education and care services for children and young people
T: 0300 123 3155
A: WBHL Ofsted, Piccadilly Gate, Store Street Manchester M1 2WD
Health & Safety Executive (HSE) - regulates and enforces workplace health, safety and welfare
W: Contact the Health and Safety Executive (hse.gov.uk)
T: 0300 003 1647
A: Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS
Whistle-blowers are protected under the Public Disclosure Act
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In all instances of reporting safeguarding related matters, the relevant consultant at Search should be informed of the measures that have been taken to report suspected or witnessed abuse, observing legislation set out in the Data Protection Act (1998).
On every occasion, Search is committed to supporting all workers through the reporting or whistleblowing process and will take every necessary step to ensure that the correct procedure has been followed. Each case will be escalated internally to Chris Pritchard, Managing Director of Search Health & Social Care, who can be directly contacted by email: [email protected]
In the event that a safeguarding concern has been raised in connection to a worker supplied by Search, we are obliged as an employer to participate in a full, immediate, investigation to gather sufficient evidence and information to establish if the allegation of harm or risk of harm has foundation. Search will at this point make a decision, based on the nature of the allegation and the consequential risk posed, affecting whether the worker is temporarily suspended from working with children or vulnerable adults until the outcome of the investigation has been reached.
Should the outcome of the investigation be a decision to dismiss the worker or permanently remove them from working in regulated activity with children or vulnerable adults, then we have a legal obligation to make a referral to the disclosure and barring service (DBS).
The disciplinary rules which apply to associates and workers are contained in the disciplinary policy.
The Grievance Policy, should an associate or worker have a grievance about their employment.
Information about how the DBS take referrals to a final decision.
Payment procedure