29 ‘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. 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 is not 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. Referral to the appropriate safeguarding lead in relation to concerns about people in a position of trust who may pose a risk of harm to adults. Referral for Safeguarding Adults Review (Care Act Section 44 refers). Actions taken or information and advice provided should aim to promote the adult’s wellbeing, prevent harm and reduce the risk of abuse or neglect, and promote an approach that concentrates on improving life for the adults concerned, and enables the adult to achieve resolution and recovery.
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