105 Local Authorities have a duty to involve the adult in a safeguarding enquiry. Involvement requires supporting the adult to understand how they can be involved, how they can contribute and take part, and lead or direct the process. As part of the planning process, the Local Authority must consider and decide if the adult has “substantial difficulty” in participating in the safeguarding adult enquiry. The Local Authority should make all reasonable adjustments to enable the adult to participate before deciding the adult has “substantial difficulty”. “Substantial difficulty” does not mean the adult cannot make decisions for themselves; this is a different matter and reference to Appendix 15 may be necessary. It refers to situations where the adult has “substantial difficulty” in doing one or more of the following: Understanding relevant information. Many adults can be supported to understand relevant information, if it is presented appropriately and if time is taken to explain it to assist retaining that information. If an adult is unable to retain information long enough to be able to weigh up options, and make decisions, then they are like to have substantial difficulty in participating. Using or weighing that information as part of the process of being involved, an adult must be able to weigh up information, to participate fully and express preferences for or choose between options. Communicating their views, wishes or feelings. A adult must be able to communicate their views, wishes and feelings whether by talking, writing, signing or any other means, to aid the decision process and to make priorities clear. If the adult has substantial difficulty with all of the above aspect, despite support, a formal capacity assessment and best interest decision. Input from a suitable advocate will be vital in this circumstance too, Where an adult has “substantial difficulty” being involved in the safeguarding adult enquiry, the Local Authority must consider and decide about an appropriate person to represent them. This would be a person who knows the adult well, and could be, for example, a spouse, family member, partner, friend, informal carer, neighbour, Power of Attorney. The identified person will need to be willing and able to represent the adult. An appropriate person to represent the adult cannot be a person who is involved in their care or treatment in a professional or paid capacity. Where the adult has capacity to consent to being represented by that person, the adult must consent to being represented by them. If the adult lacks capacity to consent to being represented by that person, the Local Authority must be satisfied that being represented by that person is in the adult’s best interests. The person who is thought to be the source of risk to the adult may be the most readily identifiable person to represent them, for example, a spouse, next of kin, or person closest to the adult in their social network. In such circumstances, careful thought is required about who is appropriate to represent the adult, but it is unlikely that the Local Authority would accept the person who may pose a risk of harm to them. Where an adult has “substantial difficulty” being involved in the safeguarding adult enquiry, and there is no appropriate person to represent them, the Local Authority must arrange for an independent advocate. The Statutory Guidance to the Care Act states that where the need for an independent advocate has been identified, the local authority must arrange it. Appendix 14 – Independent Advocacy and “substantial difficulty”
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