89 Guidelines for interviews of a ‘person alleged to have caused harm’ and the outcomes of Adult Safeguarding enquiries. Key Principles It is important that key principles are understood before considering how different types of interviews should be conducted if the adult continues to be at risk and if so from whom and how to remove that risk. To achieve a thorough and fair enquiry and to increase the prospect of a clear outcome it will usually be necessary for a ‘person alleged to have cause harm’ to be interviewed. However, the need for this and the timing must be evaluated in the context of any potential risk to the adult and the possibility of prejudicing any police investigation. Advice on the timing of an interview must be taken from the Police if it appears a crime has been committed, and the Police investigation will take precedence. An objective approach is necessary for any enquiry because the aim is to gather information about whether harm has or has not been caused to the adult. Safeguarding enquiries conducted by Adult Services staff need to have a clear focus on the adult who has or may have been harmed. The aim is to establish whether, on the balance of probabilities, harm was caused and to safeguard the adult from harm. The aim of the safeguarding process, from EPM through the enquiry to the ERM, is to protect adults from harm. However, the conduct of an enquiry may reveal information which indicates who may have caused the harm that has been alleged. Some adults at risk will have the mental capacity to indicate whether they want the ‘person alleged to have caused harm’ to be interviewed but in any case, the decision will be made by the SAP or others in authority, i.e. Police, if a criminal investigation is indicated. The purpose of any interview of a ‘person alleged to have caused harm’ is to allow them the opportunity to give their account about what happened in relation to the allegations. Interviews with the ‘person alleged to have caused harm’ should usually be conducted by an employer (if they are a person in a position of trust) but in other circumstances this may be the SAP. Interviews with the ‘person alleged to have caused harm’ should not be conducted by staff where this would give rise to a conflict of interest. An example would be an allegation of financial abuse that is suspected to be a deprivation of assets. Where it appears that a ‘person alleged to have caused harm’ is also an adult at risk, they must be offered the assistance of an independent advocate/person to support them throughout the interview process. Categories of Interview There are several different types of interviews relating to a ‘person alleged to have caused harm’ that may be required in a safeguarding adults enquiry: Interviews of a ‘person alleged to have caused harm’ in cases where a police investigation is being undertaken. Interviews with a ‘person alleged to have caused harm’ regarding potential criminal matters where the Police have agreed for a SAP or other person to lead the interview, i.e. perhaps it is unlikely that the Police will proceed (including where the adult at risk has declined Police involvement), however, the facts still need to be confirmed. Appendix 11 – Guidelines for interviews of a ‘person alleged to have caused harm’ and for determining the outcomes of Adult Safeguarding Enquiries
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