Safeguarding Adults Procedures

115 1. Background 1.1 The guidance applies where allegations are made about staff which indicate adults at risk are believed to have suffered or are likely to suffer significant harm. Concern may also be raised if the staff member is behaving in a way which demonstrates unsuitability for working with adults at risk, in their current position or any. The allegation or issue may arise either in the employees/ professional’s work or private life. 1.2 The framework builds on existing relevant statutory provision, particularly legislation that governs the lawful sharing of information, employer responsibilities to risk assess and manage the safety of their service and staff, and the Human Rights Act 1998 which addresses one right against another, or a person’s rights against the interests of society. Any actions and interventions taken to address allegations that a person in a position of trust poses a risk of harm to adults with care and support needs must be lawful and proportionate, and accord with any relevant statutory provision, for example, Data Protection Act 2018, the Human Rights Act 1998 and employment legislation. 1.3 Allegations against people who work with adults should not be dealt with in isolation and if a care assessment is needed this should be completed without delay and in a co-ordinated manner. 1.4.1 The Statutory Guidance reminds organisation that if they remove an individual (paid worker or unpaid volunteer) from work with an adult with care and support needs (or would have, had the person not left first) because the person poses a risk of harm to adults a referral to the Disclosure and Barring Service is required. It is an offence to fail to make a referral without good reason. 1.4.2 Organisations are reminded that they have a responsibility to discuss with the local authority any concerns about an adult in a position of trust known to them who may be unsuitable to work with adults who may fall within the scope of Section 42 (1) of the Care Act Statutory Guidance. The circumstances set out in the following section describe when the concern should be reported. 2. Scope. 2.1. This framework and process applies to concerns and allegations in a variety of circumstances. Examples include –  Committing a criminal offence against or related to adults at risk.  Failing to work collaboratively with social care agencies when issues about the care of adults of risk for whom they have caring responsibilities are being investigated.  Behaving towards adults at risk in a manner which indicates they are unsuitable to work with those adults.  Where an allegation or concern is reported about a member of staff, arising from their private lives. This would include being a perpetrator of domestic abuse or where inadequate steps are taken to protect adults at risk from the impact of violence or abuse.  Where an allegation of abuse is made against someone closely associated with a member of staff, such as a partner, member of the family or another person in the household. 2.2 The framework applies whether the allegation relates to a current or an historical concern. Where the allegation or concern is historical, it is important to know if the person is currently working with adults with care and support needs or children and if so, to consider whether information should be shared with the current employer.