Safeguarding Adults Procedures

12 Quick guide to flow chart Dealing with historic allegations of abuse or where the adult is no longer at risk: One of the criteria for undertaking a statutory enquiry under the Care Act Section 42(1) duty is that the adult is “experiencing, or is at risk of, abuse or neglect”. Concerns relating to historic abuse e.g. historic child abuse (historic means not previously subject to an enquiry/followed up) or neglect where the person is no longer at risk will not be the subject of statutory enquiry under these procedures. Further action under different processes may be needed and may include criminal or other enquiry through parallel processes (e.g. complaints, inquests, regulatory, commissioning, health and safety investigations). All such historic concerns will be considered to determine whether they demonstrate a potential current risk of harm to other adults, children or young people; where appropriate these will be referred to the Police or Children’s Services. Where an adult safeguarding concern is received for an adult who has died the same considerations will apply and an enquiry will be made where there is a clear belief that other identifiable adults are experiencing, or are at risk of, abuse or neglect. In cases where an adult has died, suffered serious abuse, neglect or harm, or the Safeguarding Adult Board (SAB) determines it appropriate to commission a SAR or other review. The local Business Manager for each SAB can advise. Section 42 enquiry A statutory Section 42 enquiry refers to the local authority being in receipt of information about an individual aged 18 or over who has care and support needs (whether or not these needs meet the national eligibility criteria) and is unable to protect themselves and the local authority is satisfied there are concerns the person is experiencing or at risk of harm, abuse or neglect and therefore an enquiry is needed to help keep the person safe. This applies to those who are cared for and their family carers. Section 42(1) concern criteria not met If not met it may well be necessary to consider other options such as signposting, assessment of need and referral to other services to prevent deterioration and promote independence, health When to raise a concern A concern should be raised when there is reason to believe an adult at risk may have been, is, or might be the subject of harm, abuse or neglect by any other person or persons. This may include anyone self-neglecting where there is a significant risk to their health or wellbeing. Urgent actions will be taken to safeguard anyone at risk of immediate harm if any of the following concerns are apparent: ➢ active abuse is witnessed, or ➢ an active disclosure is made by an adult or third party, or ➢ there is suspicion or ➢ fear that something is not right or there is evidence of possible abuse or neglect. In circumstances where there are serious immediate risks a response from Safeguarding Adult services or the police will be provided the same day. Whilst reporting a concern to the local safeguarding team it is important that anyone who is aware of it must also consider if the risk or experience of immediate serious harm is so severe that urgent action is required to prevent this. In this case the Police should be contacted without delay.