24 Organisations have whistle blowing policies which should be referred to if necessary. A Section 42 (1) concern refers to the local authority being in receipt of information about an adult aged 18 or over who has care and support needs (whether or not these needs meet the National Eligibility criteria): has needs for care and support (whether or not the local authority is meeting any of those needs) and is experiencing, or at risk of, abuse or neglect; and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect. Note: it may not be immediately apparent to the person raising the concern or to the local authority whether the adult is able to protect her/ himself. Providing it is safe the Local Authority will check whether the adult alleged to have been harmed knows that the concern has been shared if this is not already clear. On receipt of a Safeguarding Adults concern the Local Authority will ensure that a decision is made based on initial information gathered about whether to take forward a Section 42(2) enquiry within 5 working days. Where it is considered that the criteria have been met arrangements will be made for an appropriate worker to be allocated and contact made with the adult or their representative as soon as possible. Any exceptions to this will be clearly recorded. The Local Authority will try to identify and take account of the adult’s cultural and communication needs and appropriate resources identified, i.e. interpreter, gender of worker etc. If it is established that the alleged harm, abuse or neglect appears to meet the criteria for a Section 42(2) enquiry, ensure full details are recorded and gather necessary information, undertake crosschecks with other data systems e.g. RIO, PNC etc. Notify other organisations e.g. CQC, ICB if required. See Appendix 3. An important principle which will usually help decide steps to be taken is the need to take account of the adult’s ability to protect themselves from harm or abuse that they face. They may require some support from an agency or organisation and this support plan will need to be agreed with them. The concern will be logged on the Local Authority’s database as a safeguarding concern. Section 42 enquiry criteria not met The circumstances in which the criteria for a statutory enquiry are not met will be as follows: The adult is at risk of abuse or neglect but does not have care & support needs, The adult has care and support needs and may have experienced abuse or neglect in the past, but is no longer experiencing or at risk of abuse or neglect, The adult has care and support needs, is at risk of abuse or neglect, but can protect themselves from abuse or neglect should they choose to do so, Or an informal carer is at risk of harm or abuse from the adult they care for Section 42 (1) concerns and (2) enquiries What is meant by care and support? Care and support mean practical, financial and emotional support for adults or their informal carers who need extra help to manage their lives and be independent – including some older adults, some adults with a disability or long-term illness or with mental health problems. Care and support include assessment of people’s needs, provision of services and the allocation of funds to enable an adult to purchase their own care and support. It could include care home, domiciliary care, personal assistants, day services, or the provision of aids and adaptations.
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