16.2 Safeguarding Vulnerable Adults at Risk Procedure
Page Map
G. Getting Consent at the Referral Stage
H. Making a Decision to Refer Without Consent
I. Individuals Alleged to have Caused Harm: Where this is an Employee/Volunteer
J. Support Offered to Staff when an Allegation has been Made
K. False/Unfounded/Malicious Allegations
L. Individuals Alleged to have Caused Harm: Where this is Another Service User
A. Introduction
This Procedural guide has been developed to give staff and volunteers clear guidelines to cover the following areas:
- What to do in the event of witnessing, suspecting or receiving information about abuse to adults at risk of harm.
- How to raise an alert and the responsibilities of the person doing it
- Factors to consider when raising an alert
- A clear framework regarding consultation with Managers and levels of responsibility.
- Guidance on recording Mechanisms.
B. Scope
This procedure applies to all employees and volunteers, or any other person acting in the name of Luminary.
‘Alerting’ refers to the duty of all staff working with adults at risk to inform the relevant manager of a concern that an adult at risk has been, is being, or is at risk of being harmed.
Process: responding to allegations of abuse.
Under no circumstances should a member of staff or volunteer carry out their own investigation into the allegation or suspicion of abuse.
A concern can be raised either by:
- A direct disclosure from an adult at risk
- A member of staff or volunteer, service user or a member of the public
- An observation of the behaviour of the adult at risk or the behaviour of another towards the adult at risk
C. Responsibilities of a person raising an Alert
The person raising an alert will do the following:
- Make an immediate evaluation of the risk and take steps to ensure that the adult is in no immediate danger
- Where appropriate dial 999 for an ambulance if there is a need for emergency medical treatment
- Consider contacting the police if a crime has been, or may have been, committed
- Do not disturb or move articles that could be used as evidence, secure the scene, for example by locking a door
- Contact the children and families section if a child is also at risk
- If possible make sure that other service users are not at risk
D. Responding to an adult at risk making a disclosure
Staff/volunteers should listen if an adult at risk describes or discloses apparent abuse. Staff should not prompt or ask leading questions.
It should always be explained that legal guidelines and Luminary’s Confidentiality Policy require that a manager is told and that their concerns may be shared with others who could have a part to play in protecting them. Staff/ volunteers should never agree to complete secrecy or indicate they themselves will initiate an investigation.
- Reassure them that they will be involved in decisions about what will happen
- Do not appear shocked, angry, or disgusted. Do not be judgemental or jump to conclusions.
- Do not discuss the concern with the person alleged to have caused harm, unless the immediate welfare of the adult at risk makes this unavoidable.
- Make an immediate record of the time, place and details given in disclosure, completing the
Disclosure Form
using the exact words and language of the adult at risk. The record should be as accurate as possible, including:
- Date and time of incident
- Exact words used to describe incident
- Appearance and behaviour of the adult at risk
- Any observed injuries
- Any witness statements
- Written records of the conversation, or noted concerns, should initially be completed within 24 hours, dated and signed.
- Concerns must be reported as soon as possible to the Safeguarding Adults Coordinator (SAC - Alice Williams) if they are not available this does not justify a delay, in this case a Safeguarding Trustee must be contact immediately as per the escalation flowchart . It is the Luminary SAC’s role to deal with any allegations or suspicion of abuse reported including referring the matter on to the statutory authority.
- The SAC should discuss the concerns at the first opportunity. It is vital that full details and any evident injuries to the adult at risk be reported and a record made of the telephone conversation, e.g. time of call, who was spoken to and content of conversation: including any actions immediately undertaken by Social Care.
- Once the SAC has raised the alert with the Safeguarding Adults Co-ordinator and a course of action has been agreed, the Manager or the SAC should speak with the adult at risk to inform them about the process, explaining how they will be kept informed and supporting them to ask questions and to make their wishes and feelings known.
- Whilst allegations or suspicions of abuse will normally be reported to Luminary’s SAC, the absence of the SAC should not delay referral to emergency services, the Safeguarding Adults Co-ordinator at Adult Social Care Department or the Police.
All actions undertaken by Luminary staff must be fully recorded.
Safeguarding records and logs will be kept in a secure, lockable, non-portable unit.
E. Deciding whether or not to make a referral
A referral to the Adult Safeguarding Team should be made when:
- The person is an adult at risk and there is a concern that they are being, or at risk of being abused or neglected, and at risk of significant harm
- The adult at risk has capacity to make decisions about their own safety and wants this to happen
- The adult at risk has been assessed as not having the capacity to make decisions about their own safety, and a decision has been made in their best interests
- A crime has been committed against an adult at risk
- The abuse or neglect has been caused by a member of staff or a volunteer
- Other people or children are at risk from the person causing the harm
- The person causing the harm is also an adult at risk
F. Factors to Consider when Raising an Alert
Below are some of the factors that you should consider when raising an alert.
- Is there any doubt about the mental capacity of an adult at risk to make decisions about their own safety? Assume capacity unless there is evidence to the contrary (Capacity can be undermined by the experience of abuse and where the person is being exploited, coerced, groomed or subjected to undue influence or duress).
- How vulnerable is the adult at risk? What personal, environmental and social factors contribute to this?
- What is the nature and extent of the abuse?
- Is the abuse a real or potential crime?
- How long has it been happening?
- What impact is this having on the individual – immediate and longer term?
- What impact is the abuse having on others?
- What is the risk of repeated or increasingly serious acts?
- Is a child at risk?
G. Getting Consent at the Referral Stage
The mental capacity of the adult at risk and their ability to give informed consent to a referral is a significant, but not the only factor in deciding what action to take.
The test of capacity is to find out if the adult at risk has the capacity to make decisions about the referral and about their own safety, including an understanding of longer term harm as well as immediate effects and ability to take action to protect themselves from future harm.
If the adult at risk has capacity and does not consent to a referral and there are no public or vital interest considerations:
- The adult at risk should be given information about where to get help if they change their mind.
- The referrer must assure themselves that the decision by the adult at risk to withhold consent is not made under undue influence, coercion or intimidation.
- A record must still be made of the concern and the adult at risk’s decision not to refer.
- A record should also be made of what information they were given.
H. Making a Decision to Refer Without Consent
If there is an overriding public interest or if gaining consent would put the adult at risk at further risk, a referral should be made.
This would include situations where:
- Other people or children could be at risk from the person or situation causing harm
- It is necessary to prevent a crime
- Where there is a high risk to the health and safety of an adult at risk
- The person lacks capacity to consent
The adult at risk would normally be informed of the decision to refer, unless telling them would jeopardise their safety or the safety of others.
If the SAC is unsure whether to refer they can contact the Hackney Council Safeguarding Adults Team for advice on 020 8356 5782 / 020 8356 2300 (out of hours) or adultprotection@hackney.gov.uk or other relevant local authority.
I. Individuals alleged to have caused harm: where this is an employee or volunteer
The SAC will discuss with senior management and liaise with police regarding the management of the risk involved.
An immediate decision has to be made whether to suspend the employee where allegations amount to gross misconduct.
Depending on the seriousness of the allegations, the staff member concerned may be suspended on full pay pending further investigations. Whether a staff member should be suspended will be determined by carrying out a risk assessment.
Suspension does not imply guilt. Suspension is a neutral act, not a sanction. Alternatives to suspension can be considered, including leave of absence, transfer of duties or additional supervision. The employee has the right to know, in broad terms, what allegations or concerns have been made about them.
Where suspension is being considered a meeting will normally be arranged with the staff member. Staff/volunteers have the right to be accompanied to the interview by a representative or a friend. The meeting is not concerned with examination of the evidence but rather an opportunity to discuss possible suspension.
In making the decision, it is useful to bear in mind that investigations into abuse can sometimes be lengthy, and it will be appropriate to review the suspension from time to time throughout the process.
Luminary has a duty to ensure that any staff or volunteer who has caused risk or harm is not in contact with other service users and others who may be at risk, e.g. whistleblowers.
j. Support offered to staff when an allegation has been made
Whether a staff member is suspended or not, it is vitally important that staff/volunteers are supported throughout this process.
Luminary will ensure that staff are supported by:
- Being given the name of a work contact, usually the CEO, who will keep them up to date about work activities outside of the investigation. Social contact with colleagues should not be precluded unless it is considered detrimental to any investigation. The type of information and frequency of contact should be agreed between the parties. The point of contact may keep the staff member up to date with the investigation where this has been agreed with the Safeguarding Co-ordinator.
- Offered a counselling service and/or Occupational Health.
Luminary recognises that having an allegation made against a staff member is a very stressful situation. Staff/volunteers are strongly advised to contact their GP if they feel their health is being affected.
K. False/Unfounded/Malicious Allegations
Where an allegation is made against a member of staff that is clearly malicious and /or demonstrably without foundation, no suspension will occur and the decision and evidence will be recorded.
Without foundation means that there is clear evidence to show that the person making the allegation clearly misinterpreted events, or misunderstood what they saw. Alternatively, they may not have been aware of all the circumstances.
A malicious allegation is where there is a deliberate attempt to deceive and there is clear evidence of this.
However, it may be that the details of the allegation will still be referred to the Local Authority Safeguarding Adults Team as false allegations are sometimes made because abuse is occurring somewhere else in the adult at risk’s life. The justification for referring or not referring will be recorded.
L. Individuals alleged to have caused harm: Where this is another Service User
- Consider liaison with the police regarding the management of risks
- Consider what actions should be taken, including removing them from contact with the adult at risk
- Arrangements should be put in place to ensure that the needs of the person causing harm are also met
16.2 SAFEGUARDING VULNERABLE ADULTS AT RISK PROCEDURE
Page Map
G. Getting Consent at the Referral Stage
H. Making a Decision to Refer Without Consent
I. Individuals Alleged to have Caused Harm: Where this is an Employee/Volunteer
J. Support Offered to Staff when an Allegation has been Made
K. False/Unfounded/Malicious Allegations
L. Individuals Alleged to have Caused Harm: Where this is Another Service User
A. Introduction
This Procedural guide has been developed to give staff and volunteers clear guidelines to cover the following areas:
- What to do in the event of witnessing, suspecting or receiving information about abuse to adults at risk of harm.
- How to raise an alert and the responsibilities of the person doing it
- Factors to consider when raising an alert
- A clear framework regarding consultation with Managers and levels of responsibility.
- Guidance on recording Mechanisms.
B. Scope
This procedure applies to all employees and volunteers, or any other person acting in the name of Luminary.
‘Alerting’ refers to the duty of all staff working with adults at risk to inform the relevant manager of a concern that an adult at risk has been, is being, or is at risk of being harmed.
Process: responding to allegations of abuse.
Under no circumstances should a member of staff or volunteer carry out their own investigation into the allegation or suspicion of abuse.
A concern can be raised either by:
- A direct disclosure from an adult at risk
- A member of staff or volunteer, service user or a member of the public
- An observation of the behaviour of the adult at risk or the behaviour of another towards the adult at risk
C. Responsibilities of a person raising an Alert
The person raising an alert will do the following:
- Make an immediate evaluation of the risk and take steps to ensure that the adult is in no immediate danger
- Where appropriate dial 999 for an ambulance if there is a need for emergency medical treatment
- Consider contacting the police if a crime has been, or may have been, committed
- Do not disturb or move articles that could be used as evidence, secure the scene, for example by locking a door
- Contact the children and families section if a child is also at risk
- If possible make sure that other service users are not at risk
D. Responding to an adult at risk making a disclosure
Staff/volunteers should listen if an adult at risk describes or discloses apparent abuse. Staff should not prompt or ask leading questions.
It should always be explained that legal guidelines and Luminary’s Confidentiality Policy require that a manager is told and that their concerns may be shared with others who could have a part to play in protecting them. Staff/ volunteers should never agree to complete secrecy or indicate they themselves will initiate an investigation.
- Reassure them that they will be involved in decisions about what will happen
- Do not appear shocked, angry, or disgusted. Do not be judgemental or jump to conclusions.
- Do not discuss the concern with the person alleged to have caused harm, unless the immediate welfare of the adult at risk makes this unavoidable.
- Make an immediate record of the time, place and details given in disclosure, completing the
Disclosure Form
using the exact words and language of the adult at risk. The record should be as accurate as possible, including:
- Date and time of incident
- Exact words used to describe incident
- Appearance and behaviour of the adult at risk
- Any observed injuries
- Any witness statements
- Written records of the conversation, or noted concerns, should initially be completed within 24 hours, dated and signed.
- Concerns must be reported as soon as possible to the Safeguarding Adults Coordinator (SAC - Alice Williams) if they are not available this does not justify a delay, in this case a Safeguarding Trustee must be contact immediately as per the escalation flowchart . It is the Luminary SAC’s role to deal with any allegations or suspicion of abuse reported including referring the matter on to the statutory authority.
- The SAC should discuss the concerns at the first opportunity. It is vital that full details and any evident injuries to the adult at risk be reported and a record made of the telephone conversation, e.g. time of call, who was spoken to and content of conversation: including any actions immediately undertaken by Social Care.
- Once the SAC has raised the alert with the Safeguarding Adults Co-ordinator and a course of action has been agreed, the Manager or the SAC should speak with the adult at risk to inform them about the process, explaining how they will be kept informed and supporting them to ask questions and to make their wishes and feelings known.
- Whilst allegations or suspicions of abuse will normally be reported to Luminary’s SAC, the absence of the SAC should not delay referral to emergency services, the Safeguarding Adults Co-ordinator at Adult Social Care Department or the Police.
All actions undertaken by Luminary staff must be fully recorded.
Safeguarding records and logs will be kept in a secure, lockable, non-portable unit.
E. Deciding whether or not to make a referral
A referral to the Adult Safeguarding Team should be made when:
- The person is an adult at risk and there is a concern that they are being, or at risk of being abused or neglected, and at risk of significant harm
- The adult at risk has capacity to make decisions about their own safety and wants this to happen
- The adult at risk has been assessed as not having the capacity to make decisions about their own safety, and a decision has been made in their best interests
- A crime has been committed against an adult at risk
- The abuse or neglect has been caused by a member of staff or a volunteer
- Other people or children are at risk from the person causing the harm
- The person causing the harm is also an adult at risk
F. Factors to Consider when Raising an Alert
Below are some of the factors that you should consider when raising an alert.
- Is there any doubt about the mental capacity of an adult at risk to make decisions about their own safety? Assume capacity unless there is evidence to the contrary (Capacity can be undermined by the experience of abuse and where the person is being exploited, coerced, groomed or subjected to undue influence or duress).
- How vulnerable is the adult at risk? What personal, environmental and social factors contribute to this?
- What is the nature and extent of the abuse?
- Is the abuse a real or potential crime?
- How long has it been happening?
- What impact is this having on the individual – immediate and longer term?
- What impact is the abuse having on others?
- What is the risk of repeated or increasingly serious acts?
- Is a child at risk?
G. Getting Consent at the Referral Stage
The mental capacity of the adult at risk and their ability to give informed consent to a referral is a significant, but not the only factor in deciding what action to take.
The test of capacity is to find out if the adult at risk has the capacity to make decisions about the referral and about their own safety, including an understanding of longer term harm as well as immediate effects and ability to take action to protect themselves from future harm.
If the adult at risk has capacity and does not consent to a referral and there are no public or vital interest considerations:
- The adult at risk should be given information about where to get help if they change their mind.
- The referrer must assure themselves that the decision by the adult at risk to withhold consent is not made under undue influence, coercion or intimidation.
- A record must still be made of the concern and the adult at risk’s decision not to refer.
- A record should also be made of what information they were given.
H. Making a Decision to Refer Without Consent
If there is an overriding public interest or if gaining consent would put the adult at risk at further risk, a referral should be made.
This would include situations where:
- Other people or children could be at risk from the person or situation causing harm
- It is necessary to prevent a crime
- Where there is a high risk to the health and safety of an adult at risk
- The person lacks capacity to consent
The adult at risk would normally be informed of the decision to refer, unless telling them would jeopardise their safety or the safety of others.
If the SAC is unsure whether to refer they can contact the Hackney Council Safeguarding Adults Team for advice on 020 8356 5782 / 020 8356 2300 (out of hours) or adultprotection@hackney.gov.uk or other relevant local authority.
I. Individuals alleged to have caused harm: where this is an employee or volunteer
The SAC will discuss with senior management and liaise with police regarding the management of the risk involved.
An immediate decision has to be made whether to suspend the employee where allegations amount to gross misconduct.
Depending on the seriousness of the allegations, the staff member concerned may be suspended on full pay pending further investigations. Whether a staff member should be suspended will be determined by carrying out a risk assessment.
Suspension does not imply guilt. Suspension is a neutral act, not a sanction. Alternatives to suspension can be considered, including leave of absence, transfer of duties or additional supervision. The employee has the right to know, in broad terms, what allegations or concerns have been made about them.
Where suspension is being considered a meeting will normally be arranged with the staff member. Staff/volunteers have the right to be accompanied to the interview by a representative or a friend. The meeting is not concerned with examination of the evidence but rather an opportunity to discuss possible suspension.
In making the decision, it is useful to bear in mind that investigations into abuse can sometimes be lengthy, and it will be appropriate to review the suspension from time to time throughout the process.
Luminary has a duty to ensure that any staff or volunteer who has caused risk or harm is not in contact with other service users and others who may be at risk, e.g. whistleblowers.
j. Support offered to staff when an allegation has been made
Whether a staff member is suspended or not, it is vitally important that staff/volunteers are supported throughout this process.
Luminary will ensure that staff are supported by:
- Being given the name of a work contact, usually the CEO, who will keep them up to date about work activities outside of the investigation. Social contact with colleagues should not be precluded unless it is considered detrimental to any investigation. The type of information and frequency of contact should be agreed between the parties. The point of contact may keep the staff member up to date with the investigation where this has been agreed with the Safeguarding Co-ordinator.
- Offered a counselling service and/or Occupational Health.
Luminary recognises that having an allegation made against a staff member is a very stressful situation. Staff/volunteers are strongly advised to contact their GP if they feel their health is being affected.
K. False/Unfounded/Malicious Allegations
Where an allegation is made against a member of staff that is clearly malicious and /or demonstrably without foundation, no suspension will occur and the decision and evidence will be recorded.
Without foundation means that there is clear evidence to show that the person making the allegation clearly misinterpreted events, or misunderstood what they saw. Alternatively, they may not have been aware of all the circumstances.
A malicious allegation is where there is a deliberate attempt to deceive and there is clear evidence of this.
However, it may be that the details of the allegation will still be referred to the Local Authority Safeguarding Adults Team as false allegations are sometimes made because abuse is occurring somewhere else in the adult at risk’s life. The justification for referring or not referring will be recorded.
L. Individuals alleged to have caused harm: Where this is another Service User
- Consider liaison with the police regarding the management of risks
- Consider what actions should be taken, including removing them from contact with the adult at risk
- Arrangements should be put in place to ensure that the needs of the person causing harm are also met
16.2 SAFEGUARDING VULNERABLE ADULTS AT RISK PROCEDURE
Page Map
G. Getting Consent at the Referral Stage
H. Making a Decision to Refer Without Consent
I. Individuals Alleged to have Caused Harm: Where this is an Employee/Volunteer
J. Support Offered to Staff when an Allegation has been Made
K. False/Unfounded/Malicious Allegations
L. Individuals Alleged to have Caused Harm: Where this is Another Service User
A. Introduction
This Procedural guide has been developed to give staff and volunteers clear guidelines to cover the following areas:
- What to do in the event of witnessing, suspecting or receiving information about abuse to adults at risk of harm.
- How to raise an alert and the responsibilities of the person doing it
- Factors to consider when raising an alert
- A clear framework regarding consultation with Managers and levels of responsibility.
- Guidance on recording Mechanisms.
B. Scope
This procedure applies to all employees and volunteers, or any other person acting in the name of Luminary.
‘Alerting’ refers to the duty of all staff working with adults at risk to inform the relevant manager of a concern that an adult at risk has been, is being, or is at risk of being harmed.
Process: responding to allegations of abuse.
Under no circumstances should a member of staff or volunteer carry out their own investigation into the allegation or suspicion of abuse.
A concern can be raised either by:
- A direct disclosure from an adult at risk
- A member of staff or volunteer, service user or a member of the public
- An observation of the behaviour of the adult at risk or the behaviour of another towards the adult at risk
C. Responsibilities of a person raising an Alert
The person raising an alert will do the following:
- Make an immediate evaluation of the risk and take steps to ensure that the adult is in no immediate danger
- Where appropriate dial 999 for an ambulance if there is a need for emergency medical treatment
- Consider contacting the police if a crime has been, or may have been, committed
- Do not disturb or move articles that could be used as evidence, secure the scene, for example by locking a door
- Contact the children and families section if a child is also at risk
- If possible make sure that other service users are not at risk
D. Responding to an adult at risk making a disclosure
Staff/volunteers should listen if an adult at risk describes or discloses apparent abuse. Staff should not prompt or ask leading questions.
It should always be explained that legal guidelines and Luminary’s Confidentiality Policy require that a manager is told and that their concerns may be shared with others who could have a part to play in protecting them. Staff/ volunteers should never agree to complete secrecy or indicate they themselves will initiate an investigation.
- Reassure them that they will be involved in decisions about what will happen
- Do not appear shocked, angry, or disgusted. Do not be judgemental or jump to conclusions.
- Do not discuss the concern with the person alleged to have caused harm, unless the immediate welfare of the adult at risk makes this unavoidable.
- Make an immediate record of the time, place and details given in disclosure, completing the
Disclosure Form
using the exact words and language of the adult at risk. The record should be as accurate as possible, including:
- Date and time of incident
- Exact words used to describe incident
- Appearance and behaviour of the adult at risk
- Any observed injuries
- Any witness statements
- Written records of the conversation, or noted concerns, should initially be completed within 24 hours, dated and signed.
- Concerns must be reported as soon as possible to the Safeguarding Adults Coordinator (SAC - Alice Williams) if they are not available this does not justify a delay, in this case a Safeguarding Trustee must be contact immediately as per the escalation flowchart . It is the Luminary SAC’s role to deal with any allegations or suspicion of abuse reported including referring the matter on to the statutory authority.
- The SAC should discuss the concerns at the first opportunity. It is vital that full details and any evident injuries to the adult at risk be reported and a record made of the telephone conversation, e.g. time of call, who was spoken to and content of conversation: including any actions immediately undertaken by Social Care.
- Once the SAC has raised the alert with the Safeguarding Adults Co-ordinator and a course of action has been agreed, the Manager or the SAC should speak with the adult at risk to inform them about the process, explaining how they will be kept informed and supporting them to ask questions and to make their wishes and feelings known.
- Whilst allegations or suspicions of abuse will normally be reported to Luminary’s SAC, the absence of the SAC should not delay referral to emergency services, the Safeguarding Adults Co-ordinator at Adult Social Care Department or the Police.
All actions undertaken by Luminary staff must be fully recorded.
Safeguarding records and logs will be kept in a secure, lockable, non-portable unit.
E. Deciding whether or not to make a referral
A referral to the Adult Safeguarding Team should be made when:
- The person is an adult at risk and there is a concern that they are being, or at risk of being abused or neglected, and at risk of significant harm
- The adult at risk has capacity to make decisions about their own safety and wants this to happen
- The adult at risk has been assessed as not having the capacity to make decisions about their own safety, and a decision has been made in their best interests
- A crime has been committed against an adult at risk
- The abuse or neglect has been caused by a member of staff or a volunteer
- Other people or children are at risk from the person causing the harm
- The person causing the harm is also an adult at risk
F. Factors to Consider when Raising an Alert
Below are some of the factors that you should consider when raising an alert.
- Is there any doubt about the mental capacity of an adult at risk to make decisions about their own safety? Assume capacity unless there is evidence to the contrary (Capacity can be undermined by the experience of abuse and where the person is being exploited, coerced, groomed or subjected to undue influence or duress).
- How vulnerable is the adult at risk? What personal, environmental and social factors contribute to this?
- What is the nature and extent of the abuse?
- Is the abuse a real or potential crime?
- How long has it been happening?
- What impact is this having on the individual – immediate and longer term?
- What impact is the abuse having on others?
- What is the risk of repeated or increasingly serious acts?
- Is a child at risk?
G. Getting Consent at the Referral Stage
The mental capacity of the adult at risk and their ability to give informed consent to a referral is a significant, but not the only factor in deciding what action to take.
The test of capacity is to find out if the adult at risk has the capacity to make decisions about the referral and about their own safety, including an understanding of longer term harm as well as immediate effects and ability to take action to protect themselves from future harm.
If the adult at risk has capacity and does not consent to a referral and there are no public or vital interest considerations:
- The adult at risk should be given information about where to get help if they change their mind.
- The referrer must assure themselves that the decision by the adult at risk to withhold consent is not made under undue influence, coercion or intimidation.
- A record must still be made of the concern and the adult at risk’s decision not to refer.
- A record should also be made of what information they were given.
H. Making a Decision to Refer Without Consent
If there is an overriding public interest or if gaining consent would put the adult at risk at further risk, a referral should be made.
This would include situations where:
- Other people or children could be at risk from the person or situation causing harm
- It is necessary to prevent a crime
- Where there is a high risk to the health and safety of an adult at risk
- The person lacks capacity to consent
The adult at risk would normally be informed of the decision to refer, unless telling them would jeopardise their safety or the safety of others.
If the SAC is unsure whether to refer they can contact the Hackney Council Safeguarding Adults Team for advice on 020 8356 5782 / 020 8356 2300 (out of hours) or adultprotection@hackney.gov.uk or other relevant local authority.
I. Individuals alleged to have caused harm: where this is an employee or volunteer
The SAC will discuss with senior management and liaise with police regarding the management of the risk involved.
An immediate decision has to be made whether to suspend the employee where allegations amount to gross misconduct.
Depending on the seriousness of the allegations, the staff member concerned may be suspended on full pay pending further investigations. Whether a staff member should be suspended will be determined by carrying out a risk assessment.
Suspension does not imply guilt. Suspension is a neutral act, not a sanction. Alternatives to suspension can be considered, including leave of absence, transfer of duties or additional supervision. The employee has the right to know, in broad terms, what allegations or concerns have been made about them.
Where suspension is being considered a meeting will normally be arranged with the staff member. Staff/volunteers have the right to be accompanied to the interview by a representative or a friend. The meeting is not concerned with examination of the evidence but rather an opportunity to discuss possible suspension.
In making the decision, it is useful to bear in mind that investigations into abuse can sometimes be lengthy, and it will be appropriate to review the suspension from time to time throughout the process.
Luminary has a duty to ensure that any staff or volunteer who has caused risk or harm is not in contact with other service users and others who may be at risk, e.g. whistleblowers.
j. Support offered to staff when an allegation has been made
Whether a staff member is suspended or not, it is vitally important that staff/volunteers are supported throughout this process.
Luminary will ensure that staff are supported by:
- Being given the name of a work contact, usually the CEO, who will keep them up to date about work activities outside of the investigation. Social contact with colleagues should not be precluded unless it is considered detrimental to any investigation. The type of information and frequency of contact should be agreed between the parties. The point of contact may keep the staff member up to date with the investigation where this has been agreed with the Safeguarding Co-ordinator.
- Offered a counselling service and/or Occupational Health.
Luminary recognises that having an allegation made against a staff member is a very stressful situation. Staff/volunteers are strongly advised to contact their GP if they feel their health is being affected.
K. False/Unfounded/Malicious Allegations
Where an allegation is made against a member of staff that is clearly malicious and /or demonstrably without foundation, no suspension will occur and the decision and evidence will be recorded.
Without foundation means that there is clear evidence to show that the person making the allegation clearly misinterpreted events, or misunderstood what they saw. Alternatively, they may not have been aware of all the circumstances.
A malicious allegation is where there is a deliberate attempt to deceive and there is clear evidence of this.
However, it may be that the details of the allegation will still be referred to the Local Authority Safeguarding Adults Team as false allegations are sometimes made because abuse is occurring somewhere else in the adult at risk’s life. The justification for referring or not referring will be recorded.
L. Individuals alleged to have caused harm: Where this is another Service User
- Consider liaison with the police regarding the management of risks
- Consider what actions should be taken, including removing them from contact with the adult at risk
- Arrangements should be put in place to ensure that the needs of the person causing harm are also met