This policy, procedure and guidance outline the approach of Prime Recruitment Ltd to the safeguarding of adults at risk and the prevention of abuse and neglect. Information regarding safeguarding and protection information and guidance is also given within this policy and accompanying procedure.
Prime Recruitment Ltd recognises that it is the human right of all adults to live a life that is free from abuse and neglect. Adults at risk and are more likely to be subjected to various forms of abuse, which can be committed by anyone and there is a duty to do everything possible to prevent, report and tackle abuse wherever it is found.
The organisations policy of zero tolerance towards abuse, maltreatment or neglect of any kind requires everyone who is employed or engaged with Prime Recruitment Ltd to accept a personal responsibility to ensure that any action, by anyone, which may be considered to be abusive is reported without delay in order that it may be properly investigated, and appropriate action taken.
The aim of this policy, which includes guidance and procedures, is that our staff can:
Recognise the signs and symptoms of harm and abuse;
Prevent and reduce the likelihood of abuse or other forms of exploitation of people who may be at risk of harm;
Take prompt action to respond to risks and concerns and make sure that people are safe and that their rights are protected;
People are supported to maintain control over their lives and to make their own choices as far as possible.
This policy is based on:
The Care Act 2014
Equality Act 2010
Human Rights Act 1998
Mental Capacity Act 2005
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Care Quality Commission Fundamental Standards
Safeguarding Vulnerable Groups Act 2006
Sexual Offences Act 2003
Protection of Freedoms Act 2012
Public Interest Disclosure Act 1998
Domestic Abuse Act 2021
Prime Recruitment Ltd will:
Actively promote the importance of empowerment by providing training and checking that staff have carried out or renewed their safeguarding training..
Implement appropriate procedures for the recruitment and selection of staff.
Ensure all staff working with vulnerable adults have Enhanced DBS checks with suitable clearance.
Ensure that all staff are trained to fully understand their responsibilities and their duty to escalate allegations or suspicions of abuse and neglect.
Keep written records of any allegation of abuse, neglect or other harm, and the action taken in response following local guidelines.
Identify lessons to be learned from incidents where there are reports of Safeguarding concerns.
On completion of training, responsibility for following the Safeguarding Adults at Risk Policy rests with the individual staff member. Failure to comply with policy, procedure or guidance may lead to disciplinary proceedings.
Detailed procedures and guidelines which must be followed by staff are provided alongside this policy document that all staff must also read.
It is the overall responsibility of the Director and Safeguarding Lead, to ensure that all staff have read and signed (as understood) this Safeguarding Policy & Procedure for Prime Recruitment Ltd, and that it is implemented consistently in daily practice.
A current copy of the policy will be available in the Main Office.
This policy will be reviewed at least annually, or more frequently if significant changes occur.
The safeguarding lead is the Manager Penny Meakin
The Director is Chieck Diallo
What is safeguarding adults?
Safeguarding adults is defined in the Care Act 2014 as ‘protecting an adult’s right to live in safety and free from abuse and neglect’.
Safeguarding children is defined in The Working together to Safeguard Children 2018 guidance by HM Government as: “Safeguarding children - the action we take to promote the welfare of children and protect them from harm - is everyone’s responsibility. Everyone who comes into contact with children and families has a role to play”
Child Protection
Prime Recruitment Ltd employees will not directly care for children or young children, however, if any employee comes into contact with children in their day to day work settings, it is their responsibility to ensure that their wellbeing is safeguarded and rights are respected.
Staff are to follow the reporting procedures and guidelines as set out alongside this policy if there are any concerns relating to a child.
Safeguarding duties apply to:
Section 42 of The Care Act 2014 sets out that adult safeguarding duties apply to any adult who:
Has care and support needs, and
Is experiencing, or is at risk of, abuse and neglect, and
Is unable to protect themselves from either the risk of, or the experience of abuse or neglect, because of those needs.
Definition
The term ‘adult at risk’ has replaced ‘vulnerable adult’. The term ‘adult at risk‘ is detailed in the Care Act 2014 and focuses on the situation causing the risk, rather than the characteristics of the adult concerned.
‘Abuse’ is “a violation of an individual’s human and civil rights by any other person or persons.” (The Care Act 2014). It can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it.
Abuse may:
Consist of a single act or repeated acts;
Be physical, verbal or psychological;
Be an act of neglect or omission to act;
Occur when an ‘adult at risk’ is persuaded to enter into financial or sexual transaction to which he or she has not consented or cannot consent.
Categories of abuse
All Prime Recruitment Ltd staff will be vigilant regarding the welfare of fellow staff and people we support. Staff involved in any way with care provision will be trained to recognise the signs of abuse when they occur. Within the Care Act 2014 there are 10 elements of abuse:
Physical abuse
Sexual abuse
Psychological abuse
Financial and Material abuse
Organisational abuse
Domestic abuse
Discriminatory abuse
Modern slavery
Self-neglect and acts of omission
Neglect
Adult Exploitation
Exploitation is the deliberate manipulation or abuse of power. Exploitation is usually linked to some form of vulnerability in another person, their vulnerability is taken advantage of and used for another person’s gain. This can be for a range of reasons including personal, financial or sexual gain. Exploitation is rooted into certain types of abuse and behaviours, such as:
Human trafficking;
Sexual violence and abuse;
Domestic violence and abuse;
Forced labour, domestic servitude and slavery;
Radicalisation;
Cuckooing and county lines;
Scamming, fraud and blackmail.
Who abuses and neglects adults and children?
Abuse can happen anywhere, even in somebody’s own home. Most often abuse takes place by others who are in a position of trust and power. It can take place whether the person lives alone or with others. Anyone can carry out abuse or neglect, including:
Spouse/ Partner;
Other family members;
Neighbours;
Friends;
Acquaintances;
People who deliberately exploit adults they perceive as ‘vulnerable’ to abuse;
Paid staff or professionals; and
Volunteers and strangers.
Principles
Prime Recruitment Ltd and all employees have a responsibility to follow the ‘six principles’ within the Care Act 2014. These key principles underpin all adult safeguarding work and they aim to reduce the likelihood of abuse occurring and to promote Service Users right’s when responding to allegations.
Principle | Description in the Care Act | What a Care/Residential or Nursing Home should do |
Empowerment | “Personalisation and the presumption of person-led decisions and informed consent. Adults are encouraged to make their own decisions and are provided with support and information.” |
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Prevention | “It is better to take action before harm occurs. Strategies are developed to prevent abuse and neglect and promotes resilience and self-determination.” |
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Proportionality | “A response that is proportionate, least intrusive and appropriate to the risk presented.” |
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Protection | “Support and representation for those greatest in need. Adults are offered ways to protect themselves.” |
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Partnership | “Local solutions through services working with communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.” |
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Accountability | “Accountability and transparency in delivering safeguarding.” |
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Wellbeing within the Care Act
‘Wellbeing’ is described within the Care Act as relating to the following areas in particular:
Personal dignity (including treatment of the individual with respect);
Physical and mental health and emotional wellbeing;
Protection from abuse and neglect;
Control by the individual over day-to-day life (including over care and support provided and the way it is provided);
Participation in work, education, training or recreation;
Social and economic wellbeing;
Domestic, family and personal;
Suitability of living accommodation;
The individual’s contribution to society.
The Care Act acknowledges that ‘wellbeing’ is an incredibly broad concept, and will mean something different to each individual. Therefore Prime Recruitment Ltd recognises the need to identify what is important to each individual in order to effectively promote their well-being. This often involves providing holistic care which encompasses more than just the individual’s physical health.
Safeguarding Procedures for ALL Employees
The Role and Accountability of Staff in Relation to Abuse
Prime Recruitment Ltd insists that all staff have a responsibility to:
Provide all individuals they are supporting with the best possible care.
Empower individuals to take action and raise concerns.
Recognise when there is a safeguarding concern and always take action whenever abuse is suspected, including when a legitimate concern has not been acted upon by the appropriate staff.
Not act in any way that may be abusive or harmful to others.
Report anything they witness which is or might be abusive or harmful immediately to the Care, Nursing or Residential home to the person in charge, then report as soon as possible to the Manager or Director of Prime Recruitment Ltd.
Complete documents to evidence concerns.
Record accurate, factual and clear information.
Co-operate in every possible way in any investigation into alleged abuse.
Reassure the individual and make sure they are not in any immediate danger.
Participate in training activities relating to abuse and harm and protection from harm.
Follow internal procedures for reporting of concerns.
The Role and Accountability of the Registered Manager and team at the Care, Residential or Nursing Home.
Make arrangements to safeguard Service Users and employees against abuse or neglect.
Encourage a culture and ethos that is hostile to any sort of abuse or harm.
Ensure that all staff are trained to fully understand their responsibilities and their duty to report allegations or suspicions of abuse.
Produce and review policies and procedures to prevent and deal with abuse or harm.
Prioritise safeguarding concerns and report without delay.
Investigate any evidence of abuse/harm speedily and sympathetically.
Make referrals to the statutory safeguarding leads in the local area.
Liaise with the relevant safeguarding adults/children authority teams and follow their guidance and instructions where applicable, including the issues arising from multi-agency involvement.
Make the dignity, privacy and safety of Service Users paramount. Respect their choices as far as possible and only take action that is in their best interests.
Keep written records of any allegation of abuse, neglect or other harm, and the action taken in response.
Notify the Care Quality Commission of all instances of abuse, alleged or suspected abuse.
Create person-centred care and support plans.
Review care plans and risk assessments regularly.
Specific Responsibilities of the Designated Safeguarding Lead (D.S.L)
The Safeguarding Lead for Prime Recruitment Ltd is Penny Meakin, contact phone number: 01424 612391, email address: reg.manager@primerecruitmentltd.co.uk
Provide information and advice to all staff on all safeguarding matters.
Ensure all staff working with adults at risk fully understand this safeguarding policy and how to respond to concerns for an adult’s welfare.
Work with the management team to ensure all staff receive safeguarding training as part of their induction and as an on-going basis..
Managing referrals/cases reported and working with management at the Care, Residential, Nursing home to ensure prompt resolutions.
Carrying out referrals to the relevant local authority social care team where abuse of a adult at risk is reported or suspected.
Be familiar with issues relevant to adult protection and abuse, keeping up to date with new developments in the area.
Attend regular training and share knowledge and any new practice with the team.
Monitoring the implementation of this policy.
The Care Quality Commission (CQC)
CQC must be notified by the Care, Residential or Nursing home of any abuse or allegations of abuse concerning a person using the service, where any of the following apply:
The person is affected by abuse;
They are affected by alleged abuse;
The person is an abuser;
They are an alleged abuser.
The Care, Residential or Nursing home are responsible for making notifications to the Care Quality Commission regarding Safeguarding concerns and reports.
If concern is received via the whistleblowing procedure, Prime Recruitment Ltd must notify the relevant local safeguarding authorities and the Care Quality Commission (CQC).
The Police
Staff must call 999 if an adult is at immediate risk of harm. If staff know (has evidence) that a child or adult is in danger, the Police must be contacted and they must inform the person in charge at the Care, Residential or Nursing Home.
All staff notifying the police must inform Director and Safeguarding Lead immediately after contacting emergency services. Accurate records must be taken using the Safeguarding Incident Log and any other relevant documentation.
All staff have a duty to report all safeguarding concerns and will be fully supported by Prime Recruitment Ltd when doing so. Staff are reminded that failure to report concerns identified or witnessed, will necessitate disciplinary action.
It is also very important that staff are always alert to possible signs of abuse or neglect, whilst not jumping to any conclusions.
The Director and Safeguarding Lead within Prime Recruitment Ltd must be informed of any concerns, issues or incidents regarding any Service User.
All staff should bear in mind the following principles at all times:
The welfare of the adult at risk is paramount;
The Care, Residential and nursing home’s policy and procedure, local authority guidance and multi-agency working practices must be followed at all times;
All records must state the facts, written in black ink, dated and signed by the responsible staff member completing the documents. All relevant documentation must be completed and received by the Director and Safeguarding Lead, within Prime Recruitment Ltd on the same day of a concern or incident. All documentation must be stored securely and in line with data protection legislation.
Responding to a Safeguarding Concern - Immediate Risk of Harm
Where a staff member believes a Service User is in immediate risk of harm or abuse, and/or a criminal offence is taking place, they must take immediate steps to protect that person by calling reporting straight away to the person in charge of running the shift/team leader or Manager and check that 999 is being called.
The staff member must then contact the Director or Designated Safeguarding Lead to inform them of what has happened and take advice on the next steps.
If an emergency arises outside of Prime Recruitment Ltd usual working hours (evening and weekends), staff must inform the person in charge for providing out-of-hours support.
Staff must then record the safeguarding incident within the Care, Residential or Nursing Home as soon as possible. If there is any barrier to being able to do this, staff must discuss this with the Director and Designated Safeguarding Lead on the same day, to agree who will make the record.
Responding to a Safeguarding Concern - No Immediate Risk of Harm
Staff must consult with the Director or Designated Safeguarding Lead as soon as possible on the same working day of the safeguarding concern.
If the concern arises outside of Prime Recruitment Ltd usual working hours (evening and weekends), staff must inform the person in charge for providing out-of-hours support .
Staff must then record the safeguarding incident within the Care, Residential or Nursing Home as soon as possible. If there is any barrier to being able to do this, staff must discuss this with the Director and Designated Safeguarding Lead on the same day, to agree who will make the record.
Recording Safeguarding Concerns
Staff must record safeguarding concerns in the following ways:
Records must be factual, including the exact words used by the Service User or exactly what has been observed.
Do not include any opinions or what you think has happened.
Records must be completed using the Care, Residential, Nursing Home’s Safeguarding Incident Logging systems as soon as possible after the concern or incident (on the same day).
All staff are accountable for their actions or omissions. Those completing the Safeguarding Incident Log must include the date, time, place and observations or behaviour and statements.
Staff must include what they did and why, to demonstrate transparent, defensible decision making.
If staff fail to record accurately, or if they write down their interpretation of the Service User account (as opposed to a factual account), this may lead to inadmissible or unusable evidence should the information be required for court processes.
Those staff members raising a concern or allegation must not contact any individual about whom an allegation or concern is being raised. This could be putting the person making the allegations in serious danger, for example, where domestic violence is taking place. It could also prejudice an investigation.
Good Practice in Preserving Evidence
The priority of the person supported when abuse is suspected or has taken place must always be first and foremost.
Under no circumstances can a staff member take photographs of a Service User as a way of preserving evidence in the event of suspected, alleged, disclosed or witnessed.
Evidence is important to support any investigation or enquiry into abuse or harm undertaken by those with authority, such as the Police.
Where possible staff should leave things as and where they are. If anything has to be handled, keep this to an absolute minimum;
Staff must not clean up, touch anything they do not have to or throw anything away which could be used as evidence;
Staff must not wash anything or in any way remove fibres, blood etc.;
Staff should try to preserve the clothing and footwear of the individual;
Preserve anything used to comfort or warm the individual, e.g. a blanket;
Note in writing the state of the clothing of both the individual and alleged perpetrator (if present).
Note injuries in writing. As soon as possible, make full written notes on the conditions and attitudes of the people involved in the incident;
Take steps to secure the room or area where the incident appears or has been alleged in taking place. Do not allow anyone to enter until the police arrive.
Making a Referral information
Every Local Authority in the country has to have Multi-Agency Safeguarding Arrangements in partnership with the Police and Health Services. Contact details for each county Safeguarding Arrangements, can be found within each county’s website.
The Registered Manager of the Care, Residential or Nursing Home must carry out a referral for all Safeguarding concerns that are of an important, serious or possibility of putting a person in danger.
Referrals must be made on the same day where harm or risk of harm has been identified. If concerns arise out of office hours, referrals must be made to the local authority out of hour’s service.
Adult social care services do not have a statutory obligation to respond within a specified timeframe. Local response timeframe targets may operate; these are available on the individual local authority Safeguarding Adult Board website. Responses may include:
no further action;
an enquiry under Section 42 of the Care Act
Where the circumstances are deemed not to trigger the Section 42 safeguarding duty, the local authority may choose to carry out proportionate safeguarding enquiries in order to promote the adult’s wellbeing, and to support preventative action. This could include signposting.
(The Care Act 2014 (Section 42) requires that each local authority must make enquiries, or cause others to do so, if it believes an adult is experiencing, or is at risk of, abuse or neglect. An enquiry should establish whether any action needs to be taken to prevent or stop abuse or neglect, and if so, by whom).
Confidentiality and Information Sharing
Prime Recruitment Ltd expects all staff to maintain confidentiality at all times. In line with Data Protection Act 2018 and UK GDPR, Prime Recruitment Ltd does not share information if not required.
It should however be noted that information should be shared with authorities if an adult is deemed to be at risk of immediate harm. Sharing the right information, at the right time, with the right people can make all the difference in preventing harm.
In seeking to sharing information for the purposes of protecting individual’s at risk, Prime Recruitment Ltd are committed to the following principles:
Personal information will be shared in a manner that is compliant with the statutory responsibilities of Prime Recruitment Ltd.
Staff should of carried out the appropriate training on confidentiality and information sharing.
All staff will fully comply with the Data Protection, Confidentiality and with Caldicott Principles.
Seven Golden Rules for Information-Sharing
Remember that the Data Protection Act and the General Data Protection Regulation (GDPR) is not a barrier to sharing information but provides a framework to ensure that personal information about living persons is shared appropriately.
Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be, shared, and seek their agreement, unless it is unsafe or inappropriate to do so.
Seek advice if you are in any doubt, without disclosing the identity of the person where possible.
Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the case.
Consider safety and wellbeing: base your information-sharing decisions on considerations of the safety and wellbeing of the person and others who may be affected by their actions.
Necessary, proportionate, relevant, accurate, timely and secure: ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those people who need to have it, is accurate and up to date, is shared in a timely fashion, and is shared securely.
Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose
Risk Assessment & Management carried out by the Registered Manager of the Care, Residential or Nursing home.
It is vital as part of devising a person-centred support plan to achieve a balance between individual rights and preferences and ensuring adequate protections are in place to safeguarding individuals. This can be challenging tasks at times. The assessment of the risk of abuse, neglect and exploitation of adults at risk, will be integral in all assessments and planning processes.
Assessments of risks are dynamic and ongoing, and must be reviewed throughout. This is to ensure that where adjustments are required, these can be completed in response to changes on the levels of or nature of risk.
All assessments and details of how to protect safety and wellbeing will be documented within the Service User’s person-centred support plan.
Mental Capacity Act 2005
The MCA applies to individuals who are 16 years and over. Mental capacity is present if a person can understand information given to them, retain the information given to them long enough to make a decision, can weigh up the advantages and disadvantages of the proposed course of care and treatment in order to make a decision, and can communicate their decision. The deprivation of liberty safeguards within the Mental Capacity Act 2005 (MCA) do not apply to under 18s.
Five Key Principles of the Mental Capacity Act that everyone must follow when using the act:
Start off by thinking that the individual can make their own decisions;
Give all practicable support to enable the person to make their own decisions;
Never say someone cannot make their own decisions just because someone else thinks it’s bad or wrong;
When an individual can’t make their own decisions someone has to make it in the best way for them;
When someone makes a decision for an individual they must consider whether there is a less restrictive option i.e. one that does not limit their rights or freedom more than necessary.
Please view additional information and guidance from the ‘Mental Capacity & Best Interest’ Policy and Procedure.
Deprivation of Liberty Safeguards (DoLS) Liberty Protection safeguards (LPS)
The Mental Capacity Amendment Act (2019) has now replaced the DoLS with the Liberty Protection Safeguards (LPS). The intention was for the new LPS system to come into force in April 2022. When it does, the safeguards will apply to those aged 16 or over, instead of 18 and over.
Reporting
All staff at Prime Recruitment Ltd have a responsibility to safeguard and promote the well-being of all Service Users they support in Care, Residential or Nursing homes they work in as an agency Care Worker or as a Registered General nurse, by being responsible for the quality, efficiency and effectiveness of their work.
It is important for the organisation and all employees to share safeguarding information to:
Prevent death or serious harm.
Coordinate effective and efficient responses.
Enable early interventions to prevent the escalation of risk.
Prevent abuse and harm that may increase the need for care and support.
Maintain and improve good practice in safeguarding adults.
Reveal patterns of abuse that were previously undetected and that could identify others at risk of abuse.
Identify low-level concerns that may reveal people at risk of abuse.
All contact details can be viewed at the end of this policy, whom staff will need to contact in the event of any suspicions or allegations of abuse and neglect has taken place.
Staff are required to make a ‘Safeguarding Report’ when they have concerns or when a safeguarding incident has occurred.
Any employee who knows or believes that abuse or neglect is occurring has an obligation to report it without delay, to:
The person in charge of the shift at the Care, Residential or Nursing home.
The Director of Prime Recruitment
The Designated Safeguarding Lead (DSL)
On-Call
then the concern MUST be reported directly to the Director and Manager.
If staff report a concern but are not satisfied that is has been dealt with properly, then staff have a duty of care and a responsibility to raise the matter again using the ‘Whistleblowing’ Policy & Procedure.
False allegations: If the organisation concludes that a ‘whistle-blower’ has made a false allegation maliciously or with a view of personal gain, the whistle-blower may be subject to disciplinary action.
Consent
When reporting information that directly concerns the safety of an adult at risk of harm, consent from the Service User is not required. However, informing the Service User of the concerns and the referral is good practice unless it would put the staff member or colleagues at risk or it would place the person supported at further risk.
When reporting to local authorities of any allegations or concerns about any Service User, the Local Authority must be informed whether the person being supported is aware of the report. In reporting all suspected or confirmed cases of harm, an employee has the responsibility to act in the best interest of the Service User at all times, but still operate within relevant legislation and within the codes and standards of practice.
Personal Care
All staff are expected to be sensitive, responsive and maintain Service Users dignity when supporting personal care tasks. This includes taking into account the Service Users cultural and religious needs, as well as physical and emotional ones. Personal care involves physical care or treatment that is an invasion of bodily privacy and that may be a potential source of exposure or embarrassment to the individual receiving the care.
Personal care tasks can include:
Washing
Dressing
Oral care
Toileting
Assisting with eating and drinking
Administration of medication
Catheter or Stoma Care
Treatments such as enemas and suppositories
Supervision of a person involved in intimate care
Pressure Ulcers
Pressure ulcers represent a major burden of sickness and reduced quality of life for individuals, their carers and families. It is believed many pressure ulcers can be prevented when the right interventions are utilised and could be avoided through simple actions by staff, individuals and their carers.
Where concerns are raised regarding skin damage as a result of pressure there is a need to raise it as a safeguarding concern within the organisation. However, where it is believed that a pressure ulcer has been caused by neglect, it must be reported as an adult safeguarding concern. This is whether the pressure ulcer was acquired in a hospital setting, care setting or in the Service User’s own home.
Prime Recruitment Ltd must ensure that all staff are aware of each Service Users who may be at risk of developing pressure ulcers and the interventions in place in the prevention of such skin damage and deterioration. This information will be documented Service User care and support plans.
Staff are to record any skin changes or the development of pressure to the person in charge of running the shift and the team leader or Manager at the Care, Residential or Nursing home straight away. This must also be reported to the Director and Safeguarding lead at Prime Recruitment Ltd.
Self-Neglect & Refusal of Care
Prime Recruitment Ltd must ensure that staff understand the importance of delivering care as detailed within the person-centred support plans. Staff must read the care plans, risk assessments and ask for information on how to support a service user, before delivering care. Where any person we support refuses care, this must be respected and reported immediately to the person in charge of running the shift, the team leader and or Registered Manager at the Care, Residential or Nursing home.
Where refusal occurs repeatedly, it must further be escalate reported to the Prime Recruitment Ltd as a safeguarding concern.
Abuse in Positions of Trust
People can be considered to be in a ‘position of trust’ where they are likely to have contact with children and adults at risk as part of their employment or voluntary work, and
Where the role carries an expectation of Trust; and
The person is in a position to exercise authority, power or control over a children or adult(s) at risk (as perceived by the child or adult at risk).
Abuse of trust can occur in a number of settings, for example, in an education establishment, a residential establishment, a foster home, a social club or other activity;
Relates to all relationships where one person is in a position of responsibility (and power) in relation to another person, who is either under 18 years or is a vulnerable adult, whether the relationship is of a heterosexual or homosexual nature;
Relates to paid employees, ex-employees, unpaid staff (for example trainees and students), volunteers, foster carers, consultants and contractors;
Occurs where the person in a position of trust betrays the trust and enters into a relationship, particularly a sexual relationship, but also other abusive relationships, with a child/young person or vulnerable adult, for whom they have responsibility.
Basic Principles
The need to safeguard and promote the welfare of vulnerable adults and protect them from sexual activity from those supporting them within a relationship of trust is paramount;
All staff have a duty to raise concerns about behaviour by staff, managers, volunteers or others which may be harmful to a child or adult, without prejudice to their own position;
This applies to all staff, regardless of gender, race, religion, sexual orientation or disability.
Actions to be Taken in the Event of Abuse of Trust
Prime Recruitment Ltd must ensure that a referral is made to the Disclosure and Barring Service if any employee is found to have caused harm to any person supported.
If the person who is alleged to have caused the harm is a member of a professional group, Prime Recruitment Ltd must act under the relevant Code of Conduct for the profession, as well as taking action under this policy.
Where the person who is alleged to have caused harm or neglect is a volunteer or a member of a community group, Prime Recruitment Ltd must work with children or adult social services to support any action under this policy.
Where the person alleged to have caused the harm or neglect the public, a stranger or a person who deliberately targets vulnerable people, in many cases the policy and procedures will be used to ensure that the person at risk receives the services and support they may require. This will include reporting to the police.
In all cases, issues of consent, confidentiality and information sharing must be considered.
Disclosure & Barring Service (DBS) Referral
There is a statutory requirement for providers of support to refer workers to the DBS for inclusion on the DBS Vetting and Barring scheme list if it is considered that the worker is guilty of misconduct, such that a vulnerable adult or child was harmed or placed at risk of harm. This requirement covers both existing employee and those who leave their employment, and whose conduct comes to light at a later date.
It is illegal for anyone barred by the DBS to work or apply to work with the sector (children or adults) from which they are barred. It is also illegal for an employer to knowingly employ a barred person in the sector from which they are barred.
All workers involved in the provision of care must be checked against the Enhanced Disclosure and Barring lists for both adults and children, prior to their employment commencing (or prior to them taking up the relevant duties if the worker is already employed in some other capacity).
Please view additional information and guidance within the ‘Safer Recruitment & Selection’ Policy & Procedure and the ‘Recruitment of Ex-offenders’ Policy & Procedure.
Equality & Diversity
Prime Recruitment Ltd is committed to providing employment opportunities for our employees and services to our Service Users on an equal and fair basis, and commits to following the codes of practice published by the Equality and Human Rights Commission in respect of its legal obligations. These obligations protect people from unlawful behaviour, such as discrimination, harassment, or victimisation on the grounds of:
Age;
Disability;
Gender reassignment;
Marriage and civil partnership;
Pregnancy and maternity;
Race;
Religion and belief;
Sex;
Sexual orientation.
The above are defined as “protected characteristics”, and the organisation will seek to establish and maintain fair treatment for everyone who works for Prime Recruitment Ltd and those to whom the organisation provides services to. Prime Recruitment Ltd expects everyone associated with the organisation to behave entirely within the law, and gives zero tolerance to inappropriate behaviour. Everyone must be treated fairly, with dignity and with respect.
Responding to Allegations & Disclosures
It is extremely important for staff to understand the differences between an allegation and a disclosure.
A ‘disclosure’ has “sufficient factual content and specificity.” In contrast, an ‘allegation’ is a claim that someone has committed a crime or perpetrated wrongdoing, though the person making the claim has not submitted any proof of the assertion.
Staff must take allegations and disclosures very seriously and report them to the Safeguarding lead and Director straight away.
These definitions should be used when determining the outcome of allegation investigations:
Substantiated: There is sufficient evidence to prove the allegation;
Malicious: There is sufficient evidence to disprove the allegation or a deliberate act to deceive;
False: There is sufficient evidence to disprove the allegation;
Unsubstantiated: There is insufficient evidence to either prove or disprove the allegation. The term, therefore, does not imply guilt or innocence;
Unfounded: For cases where there is no evidence or proper basis which supports the allegation made.
Action in Respect of Unfounded or Malicious Allegations
If an allegation is determined to be unfounded or malicious, the Investigating Manager / Designated Safeguarding Lead must consider if any further action is required to include:
If the safeguarding allegation was made by a Resident of a Care, Residential or Nursing Home then there is a need to consider if a referral to relevant social services is required to determine if that person is in need of services, or may have been abused by someone else.
If the safeguarding allegation was deliberately invented or raised maliciously by a Care Provider then this could be discussed with the police and advice sought.
Whether disciplinary action is required; if the person making the malicious or unfounded allegation is a member of staff.
The support needs of the person that was the subject of the safeguarding allegation.
Managing Allegations Against Prime Recruitment Ltd staff
Any allegation made against staff, that might indicate that a staff member poses a risk of harm if they were to continue to work in regular or close contact with children and adults at risk in their present position, or in any capacity, will be immediately reported to Local Authorities.
Allegations that an Prime Recruitment Ltd staff member has abused or harmed a Service User will be taken very seriously. Such allegations will be thoroughly investigated and appropriate action taken. Such action may include:
Suspension of the worker pending completion of the investigation.
Referral to social services.
Referral to CQC.
Reporting the matter to the police (where a criminal act is suspected).
Disciplinary action and/or instant dismissal without notice.
In all cases, the Police must be contacted if any illegal activity is suspected or if it is an emergency. This includes historical allegations, as well as allegations against a former colleague.
In accordance with the disciplinary procedure, a full and thorough investigation should be undertaken as soon as possible which must not interfere with any investigations carried out by third parties.
Prime Recruitment Ltd have the legal duty to refer workers to the DBS for inclusion on the DBS Vetting and Barring scheme list if it is considered that the worker where the criteria for making a DBS referral is met.
Prime Recruitment Ltd will follow Government guidance on Making Barring Referral to the DBS found here: https://www.gov.uk/guidance/making-barring-referrals-to-the-dbs
What to do if an individual makes an allegation or a disclosure
It is often difficult to believe that abuse or neglect can occur. staff must remember, it may have taken a great amount of courage for the person to report that something has happened and fear of not being believed can cause people not to tell.
The following explains what to do if child or adult makes a disclosure indicating that significant harm has taken place, or s/he is at risk of harm:
Listen and take seriously what the person says and never express disbelief;
Be calm and reassuring and do not make assumptions;
Try to speak with the individual in a private and quiet space;
Do not make any suggestions about what has taken place, or how it came about, or question the person except to clarify what they are saying. Never ask any leading questions;
Allow the person time to express themselves, but do not press for detail beyond what is minimally necessary to be clear that some form of abuse has taken place;
Avoid making judgements about what is being said, but reassure the person that they are not responsible for what may have happened;
Do not ask the person to repeat what has been said to anyone else before referring to the Designated Safeguarding Lead / Registered Manager;
Do not promise to keep information secret. Inform the person of your duty to share information, explaining what information will be shared and to whom;
Reassure the individual that the allegation/disclosure is being taken seriously, that they will be involved in decisions about what happens next (wherever possible);
Write down what has been said, using the person’s exact words and what was said in response. Be factual, sign and date the report and send to the Designated Safeguarding Lead or Registered Manager without delay;
Continue to maintain a full record of subsequent events thereafter;
All relevant information is to be recorded on the Safeguarding incident log which is stored in in the Main Office. All information recorded must be must be factual, accurate, legible and completed as soon as possible.
staff MUST NOT at any time:
Directly challenge the person accused of harm or abuse.
Be dismissive of the concern or ignore the allegation or disclosure.
Promise to keep abuse a secret, as this may conflict with the need to ensure the safety and welfare of the person.
Pass comment or opinion when a person discloses an allegation of abuse.
Undertake their own investigation, which could harm evidence or alert the perpetrator.
Disturb or destroy potential evidence.
Make assumptions.
Panic.
It is very important for staff to understand that it is not their responsibility to decide whether abuse has taken place or not, even if they were the staff member to witness or have allegations disclosed to them. This task is for competent and professional adult or child protection agencies, following a referral from the Designated Safeguarding Lead or Director.
It is essential that when an allegation is made, all staff involved make every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered. Gossip and/or assumptions about the allegation(s) can (and will) compromise the process.
Staff are reminded that any inappropriate comments or discussions will be taken extremely seriously in the event of an allegation.
Prevent Strategy
The purpose of the ‘Prevent Strategy’ is to stop people from becoming radicalised or supporting violent extremism.
‘Prevent’ is included in the performance framework for local authorities, the police and other partners. It forms part of a wider Government strategy to prevent terrorism.
Radicalisation and extremism of adults with care and support needs is a form of emotional/psychological exploitation. Radicalisation can take place through direct personal contact, or indirectly through social media.
If staff are concerned that an adult or child with care and support needs are at risk of being radicalised and drawn into terrorism, they should treat it in the same way as any other safeguarding concern.
General Rules for Social Media Use
Online abuse is any type of abuse that happens on the web, whether through social networks, such as playing online games or using mobile phones. Children and any adults at risk, in particular, may experience cyberbullying, grooming, sexual abuse, sexual exploitation or psychological abuse.
Prime Recruitment Ltd considers any staff member involved in such activities as gross misconduct, which will ultimately lead to possible dismissal and referral for police investigation.
All staff should take care when communicating with others online, particularly when identifying themselves as Prime Recruitment Ltd staff members.
Basic Principles & Responsibilities of Staff
Ensure they keep data safe and secure;
Always conduct themselves professionally online;
Never take pictures of any Service User without their permission and the authorisation of the manager;
Never view or possess inappropriate or indecent images of any Service User. If a person discloses or alleges a concern, do not encourage the person to show [you] the image. A description will be adequate, and the device will need to be handed over to the Police. Additionally, the gender of the person should be a serious consideration. For example, a female making a disclosure will likely feel more at ease with a female member of staff;
Not allow people to access to their data through social networking sites such as Facebook (Staff are advised to decline “friend requests” from all Service Users as this is not appropriate);
Inform a senior member of staff of any issues of concern; and
Report any illegal or suspicious internet activity to the Police.
Whistleblowing
Whistleblowing is an important aspect of the support and protection of adults at risk of harm. Prime Recruitment Ltd always encourage staff to report poor practice, safeguarding concerns or concerns around a fellow colleague’s behaviour. This includes concern of practice towards a member of the management team or the organisation.
Prime Recruitment Ltd have clear whistleblowing policies and procedure in place, which staff are frequently reminded about and with which they must be familiar with. This includes how to escalate and report concerns.
Please view further information and guidance within the ‘Whistleblowing’
Training
All staff will complete the organisation’s training programme, if they have not been trained by their main employer, which will include the completion of The Care Certificate that provides standard 10 Safeguarding adults and Standard 11 Safeguarding Children.
Staff will be trained in recognising abuse and in carrying out their responsibilities under this policy and the accompanying procedure and guidance.
Name & Job title of person to contact | Contact details |
Director Chieck Diallo | 01424 612390 |
Safeguarding Lead Penny Meakin | 01424 612390 |
Adult Social Care Hastings, East Sussex | 0345 60 80 191 |
The Care Quality Commission | 03000 616161 |
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