It is a tragic fact that that almost all disclosures of abuse are true. It is a care workers responsibility to contribute to the protection of individuals from abuse. In order to ensure good professional practice it is essential for workers in care settings to know how society handles abuse, how to recognise it and what to do about it. It is important for care workers to respond effectively to any concerns of, or disclosures of abusive situations. Safeguarding is everybody’s responsibility, and includes measures to prevent or minimise the potential for abuse occurring.
Protection is considered a statutory responsibility in response to individual cases where risk of harm has been identified POVA or Protection of Vulnerable Adults was changed and implemented to SOVA or Safeguarding of Vulnerable Adults in 2007. This meant that the SOVA register was to replace the POVA and other individuals who were deemed unsuitable to work with children and vulnerable adults. Safeguarding means to safeguard an individual to promote and prompt the safety of a vulnerable child or adult.We have to ensuring that we have the appropriate measures in place to maximise the safeguarding of other’s. Safeguarding is everyone’s responsibility that comes into contact with a vulnerable person and is our responsibility to raise an alert immediately should anything be out of the ordinary. Protection is a central part of safeguarding and promoting welfare.
It is the process of protecting an individual identified as either suffering or at risk of suffering significant harm as a result of abuse or neglect. You would protect a vulnerable person when it is clear they are at risk or currently at risk. There is a difference between Safeguarding vulnerable adults/children and adult/child protection Safeguarding and promoting the welfare of vulnerable adults is defined as: Protecting them from maltreatmentPreventing impairment of service users health or development Ensuring that vulnerable adults are living in environments consistent with the provision of safe and effective careAdult protection is a part of safeguarding and promoting welfare. It refers to the activity that is undertaken to protect specific service users who are suffering, or are likely to suffer, significant harm. Our policy defines the arrangements and procedures in place within the home that ensures the protection and safeguarding of vulnerable adults from abuse.
Our policies have been designed to conform to the requirements of the Guidance document No Secret (Department of Health 2000) It is vital that as a service provider that our polices are evaluate and improve as new criteria and legislation comes into place and it must be followed.Many of our policies and procedures within our service not just safeguarding policies and procedures can support the prevention of adult abuse. Key to the successful prevention of abuse is an open culture with a genuinely person-centred approach to care underpinned by a zero tolerance policy towards abuse and neglect.The value of awareness raising about abuse within our service context lies in linking it with a zero tolerance policy on abuse and supportive policies and procedures to support whistle blowing policies and procedures should be in place to ensure person-centred care and clinical governance composed of at least the following elements: Education and TrainingInformation ManagementSome of the most common prevention intervention for vulnerable adults is training and education of vulnerable adults and staff on abuse in order to help them recognise and respond to abuse.
Other approaches include identifying people at risk of abuse, raising awareness, providing information, advocacy, policies and procedures, community links, legislation and regulation, interagency collaboration and a general emphasis on promoting empowerment and choice.All my staffs receive updates and changes as to when these become into place and receive yearly safeguarding training. All clients I explained how they can make a complaint this is available in our clients service user’s guide in a format that suits them, these guides are in all the clients bedrooms also our complaint procedure is all displayed on our notice board in the hall. Regulation and legislation both can play a role in the prevention of abuse.
There has been increasing support in recent years for the introduction of new legislation to strengthen adult safeguarding frameworks at a local level. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework.The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), Human rights, the Regulation of Health and Social Care Providers, the barring of carers from working with vulnerable adults, Care standards, Mental Capacity. Following the murders of Jessica Chapman and Holly Wells by Ian Huntley (a school caretaker) in 2003, the Bichard Inquiry was commissioned.
One of the issues this Inquiry looked at was the way employers recruit people to work with children and vulnerable adults. Sir Michael's 200-page report into police and vetting procedures found "errors, omissions, failures and shortcomings which was deeply shocking". He said the "very serious failings" of the system meant he could not be sure Ian Huntley, found guilty of murdering schoolgirls Holly Wells and Jessica Chapman, was the only person to have "slipped through the net".It asked whether the way employers check the background of job applicants was reliable enough.
It also asked whether employers should be responsible for deciding whether a job applicant can be safely employed. As a result Sir Michael made 31 recommendations to improve systems nationally, in five key areas: A registration scheme for those wishing to work with children or vulnerable adults The urgent introduction of a national police intelligence system for England and Wales A clear code of practice for all police forces on record creation, retention, deletion and sharing Training for head teachers and school governors on how to ensure interview panels safeguard children Guidance to social services on when they should refer cases involving underage sex to the police Sir Michael said the proposed register should be accessible to any employer - even parents taking on a tutor or sports coach - and would confirm whether there was any known reason why an applicant should not work with children.This inquiry’s recommendations led to the Safeguarding Vulnerable Groups Act 2006, which recognised the need for a single agency to vet all individuals who want to work or volunteer with vulnerable people. ISA – The Independent Safeguarding Authority was created to help prevent unsuitable people from working with vulnerable adults or children. ISA manage the POVA list The POVA list is a list of people who are banned from working in a care position in a registered care home (whether employed by the home or an agency), or with a domiciliary care agency.
It a criminal offence for someone on the list to apply for this type of work. Providers cannot employ people either provisionally listed or confirmed on the POVA list.Since July 26 2004 there has been a statutory duty for providers to refer care workers that fit the criteria, for possible inclusion on the list. In some circumstances CQC can make referrals. The affects for employers was the Safeguarding Vulnerable Groups Act 2006 defines regulated activities involving working with children or vulnerable adults.
Broadly, this is any activity that involves contact with children or vulnerable adults, or work in specific places such as schools, care homes, or hospitals. Any person undertaking a regulated activity must be registered on the ISA list. This was to be a legal requirement. It now the employer’s responsibility to enrol a new worker onto the list, or to check an entry of someone who claims they are already on the list.ISA have set up the Vetting and Barring Scheme but on 1st December 2012, the Criminal Records Bureau (CRB) merged with the Independent Safeguarding Authority (ISA) to become the Disclosure and Barring Service (DBS). The DBS was established under the Protection of Freedoms Act 2012 with the aim of providing a joined up service combining both criminal records and barring functions.
The service previously offered by CRB has not changed but the application forms, certificates and guidance have been updated as part of the rebranding exercise. The DBS service is only part of the plan to streamline the system. On 10 September 2012 the definition of "regulated activity” also changed.Providers was required to obtain a criminal records disclosure and check of the barred list regarding any person undertaking a regulated activity within their service. Providers are now under a legal duty to refer to the DBS (previously the ISA) any person working in a regulated activity who has harmed a child or adult, or where there was a risk of harm.
The definition of regulated activity is therefore very important. It is important to note that the term "regulated activity” in the context of the DBS has a completely different meaning to the term "regulated activity” under the Health and Social Care Act 2008 (referring to activities which trigger the requirement to register with CQC). For disclosure and barring purposes, a regulated activity is essentially one involving close work with vulnerable groups (which a barred person must not do).A regulated activity is now defined by the nature of the actual activity undertaken, meaning that recipients are, by definition, vulnerable. Adults are no longer labeled "vulnerable” because of the setting in which the activity takes place or the personal characteristics of the individual. The six categories of regulated activity are: providing healthcare; providing personal care; providing social work; assisting with general household matters (including managing someone’s cash or paying bills on their behalf because of their age, illness or disability); assisting in the conduct of people’s own affairs; and conveying adults to, from or between places where they receive healthcare, personal care or social care (including hospital porters, patient transport service drivers etc but not taxi drivers).
The frequency test has also been removed meaning that an individual only needs to engage in a defined activity once to be carrying out a regulated activity. Activities carried out in the course of a family relationship are excluded from the definition.The category of "controlled activity” has now been abolished. This typically applied to work which did not involve direct contact with people in vulnerable circumstances, for example, administrators, cleaners, catering staff, laundry assistants and care takers.
Providers now have no power to check whether such workers are barred, however they may be able to obtain a basic criminal record check without a barred list check. It is crucial, therefore, that as a service provider I maintain an effective recruitment procedure, including checking gaps in an employment history and reviewing references. As provider I need to take sufficient steps to assure myself , so far as possible, that all my employees are of good character and are fit to work in my service .There are changes to the types of information which the police are able to disclose as part of an enhanced disclosure. Whilst the police can still use their discretion, they will now have to apply a more rigorous relevancy test before disclosing information.
There was plans to introduce a new Update Service in early 2013 which will allow people (if they choose to subscribe to it and pay any appropriate fee) to obtain updates on a criminal record check rather than needing to apply for a new certificate if they move jobs. When running or managing a care service and carrying on a regulated activity there are certain things that I have to do by law. The law also makes certain requirements of CQC, and sets out the powers it has to regulate services. All of this is contained in certain acts and regulations, which together are referred to as the relevant legislation.
