36 Consider the evidence and, if risk remains, plan what further safeguarding action is required. Obtain feedback from the adult at risk/representative about whether their outcomes have been met. Decide about the levels of current risks and a judgement about any future risks. Plan further action if the risks remain. Consider necessary regulatory action. Consider what legal or statutory action or redress is indicated. Review and amend the Safeguarding Plan and monitoring. Agree individual responsibilities for taking actions and timescales. Consider other statutory duties e.g. assessment of care and support needs etc. Consider closure if no further action under Section 42. Ensure “lessons learnt” are identified and disseminated accordingly. Feedback outcomes to person raising the concern, if agreed by the adult. The default position must be to include the adult in the ERM if they want to be. To support this and effective participation of the adult at risk, the meeting could be in two parts. Always think about accessible venues. If it is necessary to share confidential information (e.g. concerning a third party involved in the concern or disciplinary action for staff) the adult may not be able to attend all the meeting. It is important to record and communicate any decisions not to involve the adult in multi-agency meetings or collaborative discussions. Evaluation of Outcomes There are several possible outcomes of a Section 42(2) enquiry, the most likely being: outcomes met or not, risks removed, risk reduced, risks remain. Either at or following the ERM the NE or the SAP must evaluate with the adult if/ to what extent their desired outcomes have been met, how they felt about the experience and review if an ongoing safeguarding plan is needed. The Local Authority and other agencies must also be satisfied that the adult can protect themselves and risks to others are minimised, reduced or removed. No further action under the Safeguarding Adults Procedures There are Safeguarding Adults concerns but the adult at risk has mental capacity, is living at home and they are confident that they can protect themselves from further harm and they do not wish any action to be taken under the procedures. Professionals must be confident that the adult at risk is making this decision without undue influence, threats or intimidation. If there are no other adults at risk from the person causing the harm, no further action is necessary. There should be clear agreement about this with the adult. They should be given information about preventing harm and neglect, possible sources of help and support and whom they can contact if they should change their mind, or the situation changes, and they no longer feel able to protect themselves. If a concern persists and the adult at risk’s refusal to consent to action is seen to have resulted from fear, loyalty, coercion or disempowerment as the result of long-term or persistent harm, action under the procedures will continue and a multi-agency decision made about the best way to engage with the adult and consider the legal powers available to intervene to prevent further harm. A decision to discontinue the Safeguarding Adults process must be agreed by all relevant organisations and recorded and signed off by the EM. The reasons for closing the Safeguarding Adults concern should be recorded, and a copy sent to ERM attendees if relevant. The person raising the concern should be informed unless inappropriate to do so. The adult at risk should have a copy of the decisions that considers issues of confidentiality and the need for protection of personally identifiable information. See Appendix 8.
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