Safeguarding Adults Procedures

25 Section 42 Enquiries can involve more than one line of enquiry that needs to be co-ordinated. Many enquiries may run concurrently, for example, disciplinary processes or a criminal enquiry. These need to be discussed, agreed and coordinated at the Section 42 EPM with the local authority taking the lead. The organisation responsible for undertaking their part of the enquiry must be aware of their other responsibilities or their legal powers, i.e. employment law, criminal law and clinical governance. Agreement must be reached at the EPM about respective roles and responsibilities of organisations during the enquiry, including agreement on lead responsibilities, desired outcomes of the person concerned, specific tasks, coordination of different lines of enquiry, communication channels, information sharing and the initial safeguarding plan. Action that may lead to legal proceedings will take precedence over other proceedings; however, the safety of adults, e.g. witness support, will not be compromised. There will be discussion and co-ordination of those processes to avoid prejudicing such enquiries, e.g. use of complaints procedure, or if scrutiny of records could continue whilst witness statements are being taken or preventative measures, such as moving a person to different environment or making a referral to MARAC. See Appendix 6 . Each EPM and ERM must have a suitable Chair and note taker, and produce clearly recorded actions, accountabilities and timescales. Continuing the Section 42 enquiry The enquiry will continue and if not already completed a risk assessment will take place. If a decision is taken at the EPM to continue with an enquiry, agreement should be reached on the following:  Whether the agreed enquiry plan, risk management plan and actions will need to be reviewed during the enquiry and where possible, agree a date for that to happen.  Timescales for actions will need to be agreed based on consultation with the person, taking account of the risk or the complexity of the enquiry and a record made of the decision.  More than one EPM may need to be held to ensure that a review is made of protection arrangements. Subsequent EPM’s are called enquiry Review Meetings (ERM). The Purpose of the Enquiry Planning Meeting is to :  be clear about the views of the adult at risk, identify if a mental capacity assessment is required and instruct an Advocate/ IMCA or another appropriate person if indicated. See Appendix 16  establish the facts and contributing factors leading to the concern being raised.  identify and manage risk to ensure the safety of the adult and others.  assist them to recover from any trauma.  determine if the allegations or concerns are founded and what action should be taken.  review the management of the setting/service and any improvements required or sanctions to be recommended. Consider:  What needs to be found out?  Who might have this information?  What legal powers are needed?  Check all necessary documentation required.  Are any specialist assessments required for any of the adults at risk, prior to carrying out any interviews?  Interview people, in the appropriate environment, considering any need for an independent advocate and/or any language, communication, gender or race issues.  Plan interviews together with colleagues if necessary.  Take statements and record interviews.  Collate the evidence.