Helen Wilsdon — BA(Hons) — CQSW — PTLLS — HCPC Registered (Number SW85071) Delivering Specialist Training for Safeguarding Adults

“The Mental Capacity (Amendment) Act 2019 has now received Royal Assent and become law.

The legislation provides for the repeal of the Deprivation of Liberty Safeguards (DoLS) contained in the Mental Capacity Act 2005 (MCA), and their replacement with a new scheme called the Liberty Protection Safeguards (LPS)

The LPS establishes a process for authorising arrangements enabling care or treatment which give rise to a deprivation of liberty within the meaning of Article 5(1) of the European Convention on Human Rights (ECHR), where the person lacks capacity to consent to the arrangements. It also provides for safeguards to be delivered to people subject to the scheme.

The government is currently working on the LPS code of practice, which it has committed to publish for public consultation later this year. A number of regulations will also need to be drafted before the legislation can be implemented.

The government has not yet announced the date on which the legislation will come into force. But it is possible that this could take place in Spring 2020. The government has confirmed that for up to a year the DoLS system will run alongside the LPS to enable those subject to DoLS to be transferred to LPS in a managed way.”

Written by Tim Spencer-Lane and published in Community Care April 26, 2019

Source and for further information, click here; https://www.communitycare.co.uk/2019/04/26/law-authorising-deprivation-liberty-will-change/

‘Elsie was the expert in her own situation and had an 87 year start on the social workers and others who tried to fix her within weeks’

This article, published on the Community Care website, follows the story of Elsie, who is deemed to be self-neglecting. It highlights the ethical and professional difficulties when working in this area.

The full article can be accessed here: www.communitycare.co.uk/2016/09/28/self-neglect-someone-safeguard-elsies-story/

Official figures show there were 109,145 adults subject to an enquiry in 2016-17, compared with 102,970 the previous year. The majority, 60%, were female and 63% were aged 65 and over.

The findings were published in NHS Digital’s annual safeguarding adults report, which is based on data collected from local authorities with responsibility for adults’ social services.

A safeguarding concern is where a local authority is notified about a risk of abuse. Some of these concerns will lead to a section 42 enquiry, where the adult meets criteria under the Care Act 2014, or an ‘other enquiry’, where the adult does not meet the criteria.

Concerns and enquiries

In 2016-17, there were 364,605 safeguarding concerns raised, which equates to almost 1,000 per day nationally, the report found.

Councils in the South East of England saw the highest number of concerns and enquiries, with 53,990 safeguarding concerns raised, and 24,615 enquiries carried out.

In comparison, concerns were lowest in the North East of England, with 29,890 raised. However, this area had the highest number of concerns actioned by social work teams, with 64% converting into either a section 42 or other safeguarding enquiry.

Source Community Care November 17, 2017 in Adults

For the full article, click here

Guidance includes assessment to guide professionals on when to raise pressure ulcers with adult social care services as a safeguarding concern

The chief social worker for adults has issued a national framework setting out when adult social services should consider holding a section 42 enquiry in response to concerns about pressure ulcers.

The guidance from Lyn Romeo highlights how hospital wards, care homes and other settings in England should respond when a service user develops pressure ulcers and when to refer the matter to local authority adult safeguarding services.

“Until now, there has been little, if any, consensus about the right agency, or multi-agency, response to identification of pressure ulcers,” Romeo said of the guidance.

“Pressure ulcers are truly dreadful for those who experience them – and distressing too for their families, friends and carers. The damage cannot be over-stated and they continue to be a major challenge for health and care practitioners across sectors.”

Adult safeguarding

“Most pressure ulcers are, in fact, preventable,” she added.

“But to prevent them we need to ensure all health and care professionals (including social workers) involved in the planning, commissioning and delivering of health and social care can spot the risks and take appropriate speedy action.”

The guidance says all instances of pressure ulcers should be reported to local health services even if the service user is receiving social care services.

It also includes an adult safeguarding decision guide for assessing whether the matter should be referred to the local authority as a safeguarding concern.

For the full article click here

Source http://www.communitycare.co.uk

by  on January 31, 2018 in Adults

Emergency reforms to the Deprivation of Liberty Safeguards are likely to be introduced to ease pressures as plans to replace the system have been shelved for at least two years, Community Care has learned.

Government officials are looking at ways to amend the regulations or the code of practice underpinning the DoLS that would help councils tackle the backlog of more than 100,000 cases that has built up since the Supreme Court’s 2014 ‘Cheshire West’ ruling.

This is because plans drawn up by the Law Commission for a full-scale replacement to the DoLS have been put on hold until at least 2019 because there is no space for it in the government’s programme due to Brexit.

Emergency measures under consideration include relaxing the statutory timescales for DoLS applications and the criteria for DoLS assessors, including best interests assessors (BIAs) and mental health assessors.

Any amendments to the DoLS regulations would have to be laid before parliament and any changes to the code of practice would likely need consultation. Consideration is also been given to piloting elements of the Law Commission reforms that are focused on practice, so would not need legislative reform.

Source http://www.communitycare.co.uk – by  on July 25, 2017 in Adults

For the full article, click here

It is important to be clear about who the formal adult safeguarding process applies to. The Care Act statutory guidance defines adult safeguarding as:

‘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 or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.’

This definition hints at the challenges of safeguarding, but it is important to be clear about which adults we are discussing. A local authority must act when it has ‘reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there):

  • has needs for care and support (whether or not the authority is meeting any of those needs),
  • is experiencing, or is at risk of, abuse or neglect, and
  • as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.’ (Care Act 2014, section 42)

So safeguarding is for people who, because of issues such as dementia, learning disability, mental ill-health or substance abuse, have care and support needs that may make them more vulnerable to abuse or neglect.

Source Social Care Institute for Excellence  https://www.scie.org.uk/safeguarding/adults/introduction/highlights


Two carers were secretly filmed ‘degrading’ a blind and elderly dementia sufferer.

During the disturbing incident at the care home, they ‘forcibly and unceremoniously’ dumped the woman onto her bed to clean her, the hearing was told.

When she started to complain one worker threatened to ‘break every bone’ in her body, ‘kill’ her and drag her by the head to her bed, prosecutors said. She was also physically abused, being slapped across here face causing her to yelp in pain.

The incident was captured on secret CCTV cameras installed by the victim’s daughter after she became concerned about her mother’s unexplained injuries. In the footage from March 31 the distressed victim is heard repeatedly crying and pleading to God for help.

The incident prompted an unannounced inspection by government watchdogs the Care Quality Commission which has downgraded the home to ‘inadequate’, the court heard. Problems with staffing, training and management contributed to the incident, the court was told. Both defendents claimed their initial training consisted of watching a series of DVDs then answering questions which they never got any feedback on.

One of the accused workers said they felt out of their depth and wrote to managers to say they were not coping and felt bullied.

Following the case, a spokesperson for the home said: “We were shocked and appalled by the actions of these individuals, whose behaviour went against everything we stand for as an organisation. “We have fully supported the police investigation and the successful prosecution of the two offenders, who we are pleased will now be prevented from working in a care setting again. “We are disappointed the recent CQC report was used by the defence – this was a wholly unacceptable act by two rogue individuals that is not representative of the professional, caring and dedicated staff who work at the home.

Sentencing, Judge Simon Berkson said the defendents’ behaviour had ‘degraded’ the victim and was ‘cruel and anything but caring’. He said: “She was verbally abused by both of you. She was slapped in the face by one and the other did not stop it, report it and appeared unconcerned.

They were sentenced to nine months in prison, suspended for two years, and ordered to complete 250 hours’ unpaid work and they must both pay the victim £250 compensation.

Source Manchester Evening News

To read the full article, click here


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