Safeguarding Adults Training

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

Welcome to SATS (Safeguarding Adults Training Specialist)

Do you provide health or adult social care in England?

Do you understand your responsibilities regarding safeguarding adults who use your service from abuse?

Do you know:-

1. What is abuse?
2. How to recognise abuse?
3. What to do if you discover or suspect abuse is happening?

If you are not able to answer yes to these three questions then you may be failing in your duty of care.

Welcome to SATS (Safeguarding Adults Training Specialist) where our aim is to ensure your staff have the skills and knowledge to protect vulnerable adults from abuse.

Based in the North West of England, the training is delivered by Helen Wilsdon (was Pollard) who has in depth knowledge and experience of Safeguarding Adults both as a social work practitioner and trainer. Helen has worked within social care and education for 30 years and has a comprehensive CV including social work with adults and children, lecturing on the BA Social work and recently as a Safeguarding Training Officer for a large local authority. (CV available on request)

The training we offer covers both Breadth training, delivering a broad understanding of general issues regarding Safeguarding Adults and Depth/Specialist training, targeted at specific groups who are responsible for particular aspects.

All programmes are delivered in an interactive and informative style using a variety of experiential methods including presentations, group work, discussion, handouts, case studies, role play and personal experience

Training Courses

The Core Training Packages include:

• Induction Briefing
• Awareness Training
• Training the Trainer to deliver Safeguarding Awareness Training courses
• Section 42 Enquiry Training
• Safeguarding Adults Training for Provider Managers
• Chairing Safeguarding Adults Meetings
• Mental Capacity Act 2005 and Deprivation of Liberty Safeguards (DoLS) Awareness
• Safeguarding Adults, MCA 2005 and DoLS refresher and updates
• Professional Boundaries and Codes of Conduct
• Safeguarding Adults Meetings – Minute Taking

All courses are prepared in accordance with:

• Care Act 2014 Sections 42-47
• Safeguarding Adults National Framework of Standards (ADASS, 2005) – Standard 5
• National Occupational Standards (NOS) for Health and Social Care and resulting NVQs at Levels 2 – 4
• Skills for Care (SfC) Common Induction Standards – Standard 5
• Qualifications and Credit Framework (QCF) Principles of safeguarding and protection in health and social care
• Care Homes for Adults (DOH 2003) – Standard 23
• Domiciliary Care Standards (DOH 2000) – Standard 14
• CQC Essential Standards, Outcome 7: Safeguarding people who use services from abuse
• The Care Certificate Standard 10.

All courses can be adapted for the needs of your organisation and staff teams or other courses developed as necessary. 

For further information or to discuss availability please contact:

Helen (Trainer): helen@safeguardingadultstrainingspecialist.com

Megan (Admin Assistant): megan@safeguardingadultstrainingspecialist.com

Tel or Text: 07931 781971