33 A view about the adult’s capacity to decide about issues relevant to the concern The period or dates under consideration which the NE should review The key issues of concern to be looked at. Other Agencies will have their own roles and responsibilities for Safeguarding Enquiries and NE’s will only be asked to undertake tasks related to their role. See Appendix 3. A model of the Nominated Enquirer form is included at Appendix 5. For Role of Note Takers see Appendix 10. Purpose of the Enquiry Planning Meeting Once the concern has been allocated, after discussion with the EM the SAP will arrange to contact the adult to seek their views and desired outcomes. EM’s and SAP’s must consider if it is necessary to hold a formal multi-agency EPM or a series of discussions, which could be face to face, virtually, e.g. teams, zoom or via the phone. This should take place at the start of the formal Section 42 Enquiry to agree and plan the tasks required. The commencement of a Police investigation is an exception to this when vital evidence gathering is required. In deciding whether to hold a formal meeting or a series of discussions, professional consideration must be given to the following: The potential risk to the adult being harmed and their views and wishes. The risks to others from the person alleged to have caused/causing harm. Whether several individuals or organisations have concerns and need to share information, i.e. CQC, ICB, Contracts, Police, Health, Provider service, Legal Advisor, Children’s Care Services etc. Whether there may be several actions by different organisations. Whether there may be legal or regulatory actions. Whether the allegation involves a professional/employees/volunteer or the safety of a service. Whether the situation could attract media attention. Safety of service (large scale enquiry) The purpose of the Section 42 enquiry Planning Meeting or discussion is to: confirm if consent has been gained from the adult at risk, (specify why if not gained). consider the wishes of the adult at risk and the outcomes they are seeking. agree how the adult and others involved wish to be kept informed agree timescales with the adult at risk agree a multi-agency plan to undertake an enquiry into the allegations assess the risk to the adult who is being harmed and address any immediate needs. co-ordinate the sharing and collection of information about the harm or abuse identify and agree roles and responsibilities. ensure the adult at risk has been offered an advocate (where appropriate). See Appendix 14 & 15 consider options if the adult lacks capacity with reference to decision making, e.g. whether a court appointed deputy is required. See Appendix 15 – Mental Capacity consider other statutory duties, e.g. Mental Health Act assessment (including whether an application for Guardianship is appropriate), Deprivation of Liberty Safeguards or application to the Court of Protection. See Appendix 15. consider how the family, partners or carers can be involved if the adult at risk wishes this. agree whether an enquiry will take place, and if so, how it should be conducted and by whom. agree who will interview the person alleged to have caused harm (bearing in mind if he/she is an employee, then the lead responsibility for this will be with the employer or if a criminal action is suspected, then the Police will lead this process). Enquiry Planning Meeting
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