Introduction
Leuchie House has a duty and responsibility to ensure that every adult is safe and protected and their overall wellbeing needs are being met. It is Leuchie House’s responsibility to ensure that anyone working at Leuchie, including volunteers, is aware of and adhere to agency policies.
Duty of Care
It is the responsibility of anyone working in the agency, including volunteers, where harm/abuse is suspected, evidenced or witnessed and, that concerns are shared with the agency’s designated Adult Protection Officer/Co-ordinator and in accordance with Leuchie House procedures.
Definitions
The Adult Support and Protection (Scotland) Act 2007 was introduced to make provision for protecting adults who are unable to safeguard their own interests and are at risk of harm or self-harm, including neglect. Leuchie House follows local authority adult protection guidance. The Adult Support and Protection (Scotland) Act 2007 (ASP Act) does not use the term abuse but that of harm and adults at risk of harm.
Adults at risk are defined as persons aged 16 or over who:
- are unable to safeguard his or her own well being, property, rights or other interests;
- are at risk of harm; and
- because s/he is affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected. (Adult Support and Protection (Scotland) Act 2007)
Guests who come to Leuchie are not automatically classed at ‘at risk’ under this definition i.e. someone can have a disability and be able to safeguard their wellbeing. For an adult to be classed as at risk, all 3 points in the definition must be met.
What is Harm?
Behaviours that constitute harm to others can be physical (including neglect), emotional, financial, sexual or a combination of these.
Harm is defined as including all harmful conduct and, in particular, includes
- conduct which causes physical harm;
- conduct which causes psychological harm (e.g. by causing fear, alarm or distress);
- unlawful conduct which appropriates or adversely affects property, rights or interests (for example, theft, fraud, embezzlement or extortion); and
- conduct which causes self harm.
(Ref: Adult Support and Protection (Scotland) Act 2007)
Principles
The following principles are central to Leuchie’s approach to support and protect adults and our overall aim to support the rights of the individuals in our care to lead as independent a life as possible:
- to work within the standards set out by the Care Inspectorate i.e. dignity, privacy, choice, safety, realising potential, equality and diversity;
- to work within a multi-agency framework; including local authority guidelines
- to recognise that the right to self-determination can involve risk and to ensure that any risk is acknowledged and minimised where possible;
- to ensure that when the right to an independent lifestyle and choice is at risk, that the individual receives appropriate help, including advice, protection and support from relevant agencies;
- to ensure the safety of adults at risk of harm by developing and implementing strategies, policies and services relevant to reducing harm
- to ensure that statutory and regulatory requirements are known and used appropriately to that adults at risk of harm receive appropriate protection.
- It is every individual’s right to live in safety and to be free from harm or the threat of harm.
- It is every individual’s right to live an independent life based on self determination and personal choice and this includes the right to take risks.
- The wishes of the adult at risk will be respected within the context of their capacity to anticipate and understand risk.
- Adults at risk will not be assumed to have impaired mental capacity.
- All staff and volunteers will promote the empowerment and well being of people with long-term physical conditions.
- All staff and volunteers will be aware of the policy and procedures for protecting adults at risk.
- Staff and volunteers working unsupervised with adults at risk will have an appropriate PVG check
- Staff and volunteers working closely with adults at risk will have the appropriate support and training to ensure they are able to recognise and act on the suspicion or disclosure of harm.
- All staff and volunteers will seek to prevent the abuse of adults at risk.
- All disclosures and suspicions of harm will be reported and recorded.
- All disclosures and suspicions of harm will be referred to the relevant authorities
- The facts of the case will only be shared with the limited number of individuals who need to know about it, other than this, all details will remain confidential.
Where other procedures apply to a disclosure of harm (e.g. grievance, complaints, disciplinary) the welfare and safety of the vulnerable adult remains the first priority.
Addressing Adult Support and Protection incidents and concerns
Any incidents relating to the care of adults at risk are taken seriously by Leuchie Management.
It is the responsibility of employees to pass on any concerns with regards the mental or physical care of adults they’ve worked with to their manager. If an employee has reason to suspect an adult is experiencing physical, sexual, or emotional abuse or neglect this must be reported in the first instance to the nurse in charge or to their line manager.
If an employee has reason to suspect a colleague of causing physical, sexual or emotional abuse or neglect, this should be reported to the Head of Care or Chief Executive.
The senior management team will report all allegations of harm to East Lothian Council, Care Inspectorate and/or the police.
All reported incidences will be documented fully and all records will be kept in a secure way for the legally required period of time by the management of Leuchie.
No staff or volunteers should seek to investigate a suspicion of abuse without the express request of the leading authority, nor should they attempt to speak to a possible perpetrator.
Process
If a member of staff or volunteer witnesses, suspects or receives information about harm involving an adult at risk, they must discuss this with the adult at risk where possible, and report concerns to the line manager.
Initial response
The member of staff or volunteer first aware of the harm should:
- ensure that the person is in no immediate danger and take appropriate action to ensure their safety, appropriate clinical measures or first aid should be administered
- speak to the adult at risk of harm about their concerns and the risks involved, reassure them that their safety and wellbeing are taken seriously and that all information will be dealt with sensitively
- take a record of events, using the persons own words and phrases, avoid leading questions, if possible ask the person to agree that the record made is accurate
- explain that the issues will be reported to their line manager and that other agencies may be involved to ensure their safety, where possible seek the persons consent to take the necessary steps to minimise the risk of harm (this may include reporting to other agencies including social work, police, and the care inspectorate)
- if the adult at risk does not consent to further action, the line manager must still be informed and necessary steps taken (see below)
- ask if they would like anyone informed or contacted for support
- report to the line manager or nurse in charge as soon as possible and pass on all relevant information
- take any necessary steps to preserve any evidence of abuse which may be used in the investigation
It is important to maintain confidentiality by only reporting to those who have a right and need to know, e.g. line manager, Social services, Police.
Individuals should normally retain the right to decide whether and/or how they wish to be helped. If the adult at risk has specific communication needs these should be taken into account during any discussions and highlighted to the line manager. If the allegation of harm concerns a staff member, this should be reported as soon as possible and the line manager should discuss appropriate management steps with the HR Manager.
Individuals should not feel pressured to confront or make contact with the alleged perpetrator.
| Do’s
✓ Listen, support and respect ✓ Reassure the adult that they have done the right thing by speaking to you ✓ Report any concern immediately ✓ Record information gathered as soon as possible using the identified agency recording method ✓ Be mindful in changes in the individual’s behaviour, both physical and emotional Don’ts ✘ Make a false promise ✘ Promise confidentiality ✘ Interview the adult or ask any leading questions ✘ Assume that someone else will share the concern ✘ Take any further action unless instructed to do so |
Management of the incident
Once the incident has been reported to the manager, it is vital that the matter is dealt with promptly and that the appropriate agencies are informed. Safety is the initial priority and the manager dealing with the incident needs to ensure that appropriate medical or first aid measures have been taken and that there are no immediate risks of harm to the person or others.
- ensure the person is in no immediate danger
- report the incident to the Head of Care or Chief Executive
- offer the adult at risk reassurance that the matter will be taken seriously, do not initiate any investigation
- ensure notes are made; using the persons own words and phrases
- inform or contact anyone the adult at risk wishes to have for support
- ensure any evidence is preserved
- make a full report of events and attach to the existing notes, complete an accident form if required
- keep the records in a sealed envelope in a locked, secure cabinet
- any electronic records should be password protected
- obtain the person’s consent or to inform the necessary authorities or support them with the information that the incident has to be reported to the appropriate authorities.
- where the person is considered to be unable to give informed consent a referral may be made provided it is in their best interests (see below)
- inform the person next of kin (if not present or otherwise involved) as soon as possible (with the consent of the vulnerable adult/adult at risk).
Making a referral
Social work services
If there is an allegation of harm or clear evidence of harm, a referral to social work services should be made without delay by the manager dealing with the allegation. East Lothian Council require to be notified of any incidences of an adult at risk so they can determine if the adult requires protection from harm. The guest’s own social worker will be notified as well.
Any discussion and any action taken should be recorded. As discussed, the consent of the adult at risk should be obtained where possible before making a referral. Where there is the possibility of a criminal act, agreement to contact the Police should be sought.
All referrals should be made within one working day. The initial referral should be made by phone and the manager should ensure it has been received by someone able to act on the information. This should be followed up in writing or by email as agreed with the practitioner dealing with the initial referral.
Social services and/or the Police will carry out the investigation.
If consent is not given:
- the person’s circumstances and their view of situation should be reported to the line manager and detailed in records of the incident
- Notification to the victim must be given that local authority requires to be informed of the incident.
Further action must be taken even in the absence of consent in the following circumstances:
- it is judged that there is imminent physical threat to the person
- there is a risk to public safety e.g. where a person suspected of causing harm is providing a service to others
- if there is any uncertainty about the person’s ability or capacity to make a decision about the situations
- there is concern that the person is being pressurised or intimidated to withhold consent.
In such an instance all efforts should be made to explain to the person concerned what is being done and why.
Concerns about employees or volunteers
All staff and volunteers have a duty to report any concerns they have about colleagues, (volunteers or staff), who may be involved in abuse or harm, to their line manager. If there is any concern that the line manager is involved in abuse, the Leuchie House Whistle blowing policy should be followed (see Section 19 of the Staff Handbook).
The line manager will act to:
- ensure the safety of the vulnerable adult/adult at risk
- report to the Head of Care or Chief Executive and seek HR advice on appropriate actions with the member of staff or volunteer, including consideration of suspension
- allegations should be referred to Social services or the Police for investigation.
No internal procedure such as disciplinary investigation will be initiated until after the investigation of abuse or when the leading authority advises it is appropriate.
Concerns about abuse by another adult at risk
In cases where the alleged abuser is an adult at risk, they should also be referred to Social services. They may need an assessment in their own right to determine whether they need any specialist services.
Safe Recruitment, Selection, Induction and Training of Staff and Volunteers
- Anyone working at Leuchie House, including volunteers, will be PVG checked
- All PVG checks will be kept up to date
- References will be sought and verified for anyone working within the agency, including volunteers, prior to appointment
- Anyone working at Leuchie House, including volunteers, will receive an induction and support for Adult Protection which follows national and agency guidance
- Induction for both staff and volunteers will cover the expectations of anyone working at Leuchie House in relation to Adult Support and Protection
- Staff will work under direct supervision whilst awaiting PVG or references
- If using external agency staff it is the responsibility of the Manager to ensure the agency workers has an up to date PVG prior to working within the agency
Staff Training and Development Requirements and Opportunities
- Staff and volunteers will be given annual Adult Support and Protection Training
- Staff will be given a package of training aimed at Frontline staff
- Line Managers and the Nursing team will be given more in depth training on Adult Support and Protection
- We will broaden the knowledge base across the organisation to ensure that Managers and the Nursing team are fully briefed
- When external training opportunities arise we will assess the best use of this development opportunity within the team
Internet Safety, Social Media, New Technologies, Photography
Leuchie House has a Data Protection Policy which outlines how we intend to fulfil all our obligations under the Data Protection Act 1998 and Privacy & Electronic Communications Regulations.
Leuchie House has a policy that protects guests and staff around the use of new technologies including social media, internet safety, photography and filming detailed in our IT Policies and Procedures.
ELC Feedback: Each agency should provide a statement about the safe boundaries your agency expects staff to have in relation to the use of social technology
Staff are briefed and monitored to ensure they are clear that they are not allowed to carry or use personal mobile phones while on duty, with the exception of allocated break and lunch time periods, except where this is specifically required by their role. All staff sign the Code of Conduct agreeing to this on their commencement. Staff should not make contact with guests via social media.
ELC Feedback: Each agency should ensure that they include a statement in relation to it’s policy of photographing and filming of adults
Leuchie House ask all guest for consent prior to taking and / or using any filming or photography for marketing purposes. This consent is sought in the Guest Care Plan prior to their arrival and recorded on their care plan on NAV to ensure this is shared between all departments.
ELC Feedback: Each agency should also provide a statement about what safeguards are in place in relation to an adult’s use of social technology within the agency
Leuchie House has safeguards in place in relation to an adults use of social technology whilst at Leuchie. Our computers have filters in place to ensure that guests cannot access inappropriate content that might be offensive to other guests and staff. This is maintained by our IT providers and security reviewed in the case of any breaches. Not all guests give consent to filming and photography so we communicate via a number of methods to ensure that guests seek permission before any filming or photography of other guests via the Room Information Packs, Guest Welcome Meeting and Holiday Information Brochure.
Whistle Blowing and Support
Members of staff at Leuchie House have a duty to express their concerns about
questionable or poor practice. Leuchie House aims to offer protection against victimisation and dismissal for individuals who ‘blow the whistle’ on fraudulent, criminal or dangerous activities. The objective is to promote a greater degree of openness within Leuchie House where individuals feel able to raise matters of concern without fear or recrimination.
See Section 19 of Leuchie Staff Handbook for Whisteblowing Policy
Contact information for external agencies
East Lothian Council Contact Centre – 01875 824 309 (Mon-Thu 9am-5pm and Fri 9am-4pm) or communityaccess@eastlothian.gov.uk
Emergency Social Care Service – 0800 731 6969 (free phone) at any time outside normal office hours
Police by calling 101 or in an emergency 999
Any Health Professional including a GP
Carer and / or support worker.
Next of Kin / Legal Guardian
If you have had to report a concern regarding Adult Support and Protection, ensure that you also contact the parties next of kin or legal guardian to notify them of your concerns. If the concerns are regarding the legal guardian or next of kin perhaps discuss this step with East Lothian Council prior to doing so.
The Care Inspectorate
Headquarters (Dundee) 01382 207 100
Guiding Legislation
This policy and the related procedures have been drawn up in accordance with current legislation and principles derived from the following:
- Adult Support and Protection (Scotland) Act 2007
- Adults with Incapacity (Scotland) Act 2000
- Human Rights Act 1998
- Mental Health (Care and Treatment) (Scotland) Act 2003
- The Care Inspectorate Adult Support and Protection Policy and Procedure