Safeguarding Adults Procedures

24 these circumstances the lead agency must arrange for an independent advocate to support and represent them. See Appendix 15 Whilst an initial assumption will be made that an adult has capacity it may, (in the face of an adult’s substantial difficulty) be necessary to determine if the person has capacity to express a view and make other associated decisions about what has happened. See Appendix 16 – Mental Capacity Act. Where it has been identified that the person has capacity to decide whether to engage and is reluctant to do so, the EM/SAP should consider referring to Appendix 8 - Practice Guidance – Protocol for Working with Adults at Risk who do not wish to engage with services and are or may become at serious risk of harm. The key issue in this discussion must be to consider the risks about the concern raised. Where the person or representative does not want a formal enquiry to proceed and there are no known risks to any other adults the nominated enquirer will feedback to Adult Social Care, using the ‘Nominated Enquirer Form’. See Appendix 5 , with a recommendation to close the enquiry. The final decision to close the Section 42 rests with Adult Social Care or the Police (depends on which Agency is leading the enquiry). Even where there is a consensus about this, feedback must be sought from the adult within the ‘Making Safeguarding Personal’ framework because there is now an outcome and conclusion. If there is evidence that harm, neglect or other concerns have been recognised then advice, guidance and support will be offered. Roles & Responsibilities It is vital that all Agencies involved at any stage in a Safeguarding enquiry maintain written records, in line with their own Agencies procedures, that reflect as accurately as possible their involvement in the enquiry. These records must be kept securely and may be used as evidence, including, in some circumstances, in Court. The local authority where the abuse/neglect occurred (host authority) will always take the initial lead on a concern, including taking immediate action to protect the adult, initial information gathering, background checks and ensure a prompt notification to the funding authority and other relevant agencies. An adult social services or health commissioner may be the funding authority. It is the responsibility of the host authority to co-ordinate any institutional abuse/whole service enquiry. See Appendix 13 – Large scale safeguarding adults enquiries - Operational Guidance. This also refers to the Joint ADASS/LGA Revised Out of Area Safeguarding Guidance which provides the framework for the host authority to work within as well as the responsibilities of all parties. The NHS Host Commissioners Guidance should be referred to about services for people with a learning disability or autism. CQC and Health & Social Care Commissioners must always be made aware of Enquiries involving regulated care or health providers and will refer to national guidance regarding arrangements for the safeguarding of adults at risk. Where allegations relate to one adult, it may be appropriate to negotiate with the funding authority that they undertake certain aspects of the enquiry. However, the host authority will retain the overall coordinating role. The funding authority will be responsible for providing support to the adult at risk and planning their future care needs. The funding authority will allocate a person for liaison purposes during the enquiry. They will be invited to attend any Section 42 Enquiry Planning Meetings (EPM) and Enquiry Review Meetings (ERM) or may submit a written report. They will receive notes of relevant meetings.