19 Raising a Concern A concern will be raised when there is reason to believe an adult may have been, is, or might be the subject of harm, abuse or neglect by any other person or persons. Self-neglect can be reported as a Section 42(1) concern but may well not be dealt with via a Section 42(2) enquiry - see Appendix 2 and separate Guidance issued by the SABs. (Self Neglect and Hoarding Guidance for agencies) The local authority will determine if the concern requires a Section 42(2) enquiry and if not, what other actions may be taken. It is acknowledged that local authorities may receive information from many sources other than the adult at risk and may not be able to corroborate facts or seek consent to act immediately. Doing nothing with this information is not an option. All agencies have a duty of care to share information and take mitigating steps to preserve life under the Human Rights Act 1998. Actions to be taken when harm is directly observed or disclosed by the adult When harm is seen, the observer will take the steps necessary to make the adult safe and then urgent steps taken to report to the Local Authority. If a crime appears to have been committed, the Police should also be contacted. It is vital to listen carefully to what the adult is saying, reassure them they will be involved in decisions about what will happen and get as clear a picture as possible but avoid asking too many questions at this stage. In all circumstances staff must be assured the adult is safe from harm or any further harm. This may mean contacting any/ all the emergency services. Accept what the adult is saying – do not question the adult or get them to justify what they are saying – reassure the adult that you take what they have said seriously. Do not ‘interview’ the adult; just listen carefully and calmly to what they are saying. If the adult wants to give you lots of information, let them. Try to remember what the adult is saying in their own words so that you can make a written record later (see below). You can ask questions to establish the basic facts but try to avoid asking the same questions more than once or asking the adult to repeat what they have said - this can make them feel they are not being believed. Do not promise the adult or others that you will keep what they tell you confidential or “secret”. Explain that you will need to tell another person, but you will only tell people who need to know so that they can help. Reassure the adult that they will be involved in decisions about what will happen. Do not be judgemental or jump to conclusions. If the adult has specific communication needs, provide support and information in a way that is most appropriate to them. There should be an assumption that the adult has capacity, unless there are reasons to doubt at the time. It may be necessary to undertake a decision specific capacity assessment, which takes account of any issues of duress and coercion. (See Appendix 15 and seek advice if needed) Careful consideration will need to be given regarding who else needs to know about the concern. The concern should not be discussed with the person alleged to have caused harm; this will be a point considered through the Enquiry process and influenced by the adult’s wishes. Detailed Guidance on Progressing Safeguarding Concerns
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