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

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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The Care and Support Statutary Guidance to the Care Act 2014 states that, ‘Safeguarding Adults Boards (SABs) should ensure that relevant partners provide training for staff and volunteers on the policy, procedures and professional practices that are in place locally, which reflects their roles and responsibilities in safeguarding adult arrangements. Employers, student bodies and voluntary organisations should also undertake this, recognising their critical role in preventing and detecting abuse. This should include:

  • basic mandatory induction training with respect to awareness of spotting signs of abuse and the duty to report
  • more detailed awareness training, including training on recognition of abuse and responsibilities with respect to the procedures in their particular agency
  • specialist training for those who will be undertaking enquiries, and managers; and, training for elected members and others for example, healthwatch members
  • post qualifying or advanced training for those who work with more complex enquiries and responses or who act as their organisation’s expert in a particular field, for example in relation to legal or social work, those who provide medical or nursing advice to the organisation or the Board

Training should take place at all levels in an organisation and be updated regularly to reflect current best practice. To ensure that practice is consistent – no staff group should be excluded. Training should include issues relating to staff safety within a Health and Safety framework and also include volunteers. In a context of personalisation, boards should seek assurances that directly employed staff (for example, Personal Assistants) have access to training and advice on safeguarding.

Training is a continuing responsibility and should be provided as a rolling programme. Whilst training may be undertaken on a joint basis and the SAB has an overview of the standards and content, it is the responsibility of each organisation to ensure the effective delivery of safeguarding training to its own staff.’

FOR FURTHER INFORMATION ON TRAINING YOUR STAFF ABOUT SAFEGUARDING ADULTS UNDER THE CARE ACT 2014  PLEASE CONTACT US

The Law Commission has delivered its final recommendations to ministers on replacing the Deprivation of Liberty Safeguards, after concluding the current system is “in crisis”.

The commission has now published its final report and draft legislation for a new system to authorise care placements involving deprivation of liberty for people lacking capacity. The commission believes its proposed Liberty Protection Safeguards (LPS) scheme will be less onerous than the DoLS while still offering human rights protections.

The LPS would cover a broader group of people than the DoLS, which is restricted to placements in care homes and hospitals.

Firstly, the LPS would apply to any setting that might give rise to a deprivation of liberty, including shared lives schemes and supported living. Secondly, it would also cover 16 and 17-year-olds, whereas the DoLs only applies to over 18s.

Source and for further information click here:

http://www.communitycare.co.uk/2017/03/13/law-commission-reveals-deprivation-liberty-safeguards-replacement/

 

On 7 July 2015 the Law Commission opened a consultation on the law of mental capacity and deprivation of liberty. The consultation is now closed and they published an interim statement on 25 May 2016 and expect to publish a final report with their recommendations and a draft Bill in March 2017.

The Deprivation of Liberty Safeguards (DoLS) aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment in a hospital or care home. If a person’s right to liberty needs to be infringed in other settings, an authorisation must be obtained from the Court of Protection.

The DoLS have been criticised since they were introduced for being overly complex and excessively bureaucratic. In March 2014, a House of Lords Select Committee published a detailed report concluding that the DoLS were “not fit for purpose” and recommended that they be replaced. At the same time, a case in the United Kingdom Supreme Court held that far greater numbers of people fell to be dealt with under the DoLS system than had previously been thought. This has placed increasing burdens on local authorities and health and social care practitioners administering the DoLS.

The law commission said

Our consultation paper concluded that the DoLS are ‘deeply flawed’. We provisionally proposed that they be replaced with a new system, to be called ‘Protective Care’. Broadly speaking, protective care had three aspects: the supportive care scheme, the restrictive care and treatment scheme, and the hospitals and palliative care scheme.

During our four month public consultation we attended 83 events across England and Wales. This was one of the most extensive public consultation exercises undertaken by the Law Commission.  We received 583 written responses.

In May 2016 we published an interim statement, summarising the key messages from consultation and setting out some of our initial conclusions.

We are working on our final report with our recommendations and a draft Bill expected to be published in March 2017.

Source and for further information go to:

 http://www.lawcom.gov.uk/project/mental-capacity-and-deprivation-of-liberty/

I am pleased to announce that we now have a one day course aimed at those who may have a responsibility to undertake a Section 42 Enquiry under the Care Act 2014. Click here for more details Training Courses

What does Making Safeguarding Personal Mean?

The Challenge

What good is it making someone safer if it merely makes them miserable? We must tolerate acceptable risks as the price appropriately to be paid in order to achieve some other good – in particular to achieve the vital good of the elderly or vulnerable person’s happiness.’ Lord Justice Munby, re MM

Making Safeguarding Personal is a shift in culture and practice in response to what we now know about what makes safeguarding more or less effective from the perspective of the person being safeguarded. It is about having conversations with people about how we might respond in safeguarding situations in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing and safety. It is about seeing people as experts in their own lives and working alongside them. It is about collecting information about the extent to which this shift has a positive impact on people’s lives. It is a shift from a process supported by conversations to a series of conversations supported by a process

Source, Making Safeguarding Personal: Guide 2014, Local Government Association

For further information click here

The Care Act 2014 came into force in England on 1st April 2015 and puts adult safeguarding on a legal footing, with the emphasis being on outcomes rather than just the process of safeguarding. The outcomes should be to:

  • Promote well-being and prevent abuse and neglect from happening in the first place
  • Ensure the safety and wellbeing of anyone who has been subject to Abuse and Neglect
  • Take action against those responsible for abuse or neglect taking place
  • Learn lessons and make changes that could prevent similar Abuse or Neglect

The DoH Care and Support Statutory Guidance (14.2.) says the safeguarding duties apply to an adult who: 

  • has needs for care and support (whether or not the local authority is meeting any of those needs) and
  • is experiencing, or at risk of, abuse or neglect and
  • as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect

The safeguarding duties have a legal effect in relation to organisations other than the local authority on for example the NHS and the Police. 

Under section 42 of the Act, Local Authorities must make enquiries or cause others to do so, if they reasonably suspect an adult who meets the criteria above is, or is at risk of, being abused or neglected.

The types of abuse identified by the Care and Support Statutory Guidance are

  • Psychological
  • Sexual
  • Physical
  • Neglect/Acts of Omission
  • Self Neglect
  • Discriminatory
  • Financial or Material
  • Domestic Violence
  • Modern Slavery
  • Organisational Abuse

For further information on training your staff about the Care Act 2014 and Safeguarding Adults please contact us

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