Safeguarding Adults Procedures

27  Background reports, service records and previous histories.  Witness statements from formal/joint interviews.  Adult’s own account, depending on capacity and witness or communication skills.  Circumstantial evidence.  Assessment of the extent and seriousness of the harm and the effect on the adult at risk and others in their network. ‘Standard of Proof’ The standard of proof for a criminal prosecution is higher as the case must be proved beyond all reasonable doubt. For civil, disciplinary or regulatory investigations, the standard of proof is based on the balance of probability. Making a decision Once all relevant information has been gathered, including the views of the adult in all circumstances where it is possible and safe to ask, the local Lead Agency should be able to decide about how the concern should be addressed and whether the criteria for Section 42(1) enquiry is met. Where the criteria are met , the Section 42(2) enquiry will continue. REMEMBER : Adult Safeguarding in its wider sense means “protecting an adult’s right to live in safety, free from abuse and neglect”. It is about people and organisations working together to prevent and stop both the risks and experience of abuse and neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feeling and beliefs in deciding what to do. When the criteria for a Statutory Adult Safeguarding enquiry under Section 42 of the Care Act is not met, doing nothing isn’t an option and therefore other ways to reduce risks and assist the adult to live safely must be considered, for example:  Adults can be supported to live safely through good quality assessment and support planning.  people’s right to live free from crime can be supported through Police interventions, and to recover from the experience of crime through victim support services.  people’s health & wellbeing, and experience of safe services, can be promoted through patient safety approaches in the NHS and good quality responses under Clinical Governance processes. The case management approach Where the criteria for statutory enquiry are not met , other types of action, or provision of advice/information, could be adopted. These may well also help in protecting the adult where there are potential risks of harm or abuse but which have not required a statutory enquiry. The options for assistance could include:  Referral for a needs assessment under Section 9 of the Care Act  Referral for DoLS assessment.  Referral for Mental Health Act assessment.  Referral to other risk management processes, e.g. MARAC or HRDA, MAPPA, local harm reduction processes, e.g. MARM.  Referral or signposting to other agencies or support services, e.g. Police, victim support, domestic abuse support services, counselling services, GP, fire and rescue service or voluntary sector agencies.  Written information and advice on how to keep safe, or how to raise a concern in the future.  Information about how to make a formal complaint, for example, about substandard care or treatment.  Information sharing with regulatory agencies (e.g. CQC) and commissioners to address service quality concerns.  Service Provider to undertake appropriate internal responses, e.g. internal investigation, training, disciplinary process, audit & assurance activity.  Concern is passed into other incident management processes, e.g. NHS Serious Incident under Investigation.