Safeguarding and Protection of Vulnerable Adults Essay Sample

1. Understand the legislation, regulations and policies that underpin the protection of vulnerable adults 1.1 Analyse the difference between the concept of safeguarding and the concept of protection in relation to vulnerable adults

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The concepts of safeguarding of vulnerable adults is that is about the protection from maltreatment, preventing the impairment of a person health and making sure that vulnerable adults are living in suitable environments that are consistent with the provision of safe and effective care. This ensures the safety of a person. Safeguarding is about how to keep a person safe from the above and look at how it can prevent vulnerable adults or children suffering abuse by ensuring that service providers report these incidents. The protection of adults plays an important part in the safeguarding and promotion of their health and well-being. Protection of vulnerable adults is critical and crucial as part of the wider work to safeguarding.

An emphasis of safeguarding came from the Joint Chief Inspectors Report on Arrangements to Safeguard Children (2002) and states that any agencies working with children have a duty to minimise the risks of harm to their welfare and take any action if there were any cause of concern. An emphasis was also made on about partnership working and this came in the formation of Local Safeguarding Boards (LSBs). There have been a similar emphasis on the protection of vulnerable adults as prior to 2000 local authorities did not have a legal duty to investigate any reports of abuse against an adult over the age of 18 who was deemed vulnerable in Wales. In 2000 the Welsh Government set out the In Safe Hands document that tells Local Authorities Social Services departments their duties in the protection of vulnerable adults. These duties are very similar to the safeguarding of children where they should take a partnership approach in the prevention and reporting of abuse and meet the training needs of staff who working with this client group.

1.2 Evaluate the impact of policy developments on approaches to safeguarding vulnerable adults in own service setting

Within my own setting, the impact of policy developments on approaches to safeguarding vulnerable adults can be extensive. The first is that the policies first set out what a vulnerable adult is and in my setting all the adults are classed as vulnerable because of their age, that most of them cannot make their own decisions because they do not have the mental capacity to do so and thirdly because of the mental conditions they have, such as Dementia, Alzheimer’s Disease or Learning Difficulties. Also because the adults are not in their own environment they are vulnerable because they may not feel comfortable due to being in unfamiliar surroundings to what they are used too.

Within my own setting we have to ensure that we have the relevant and comprehensive policy in place and that it is followed by all staff in terms of safeguarding and protecting vulnerable adults. The policy must also be comprehensive enough that it covers staff who may be at risk from false claims being made against them. Also there has to be a policy in place where staff can feel confident that they can report any issue anonymously to their line manager. Each of these policies must also give a comprehensive reporting procedure as well.

The impact of the policy developments make it that it is the responsibility of statutory bodies, service providers and employees to protect vulnerable adults from abuse. It also makes it a requirement that all staff who apply for a job in the Health & Social Sector are suitable to work there and complete a DBS or CRB check that is either at the cost of the employer or potential employee. Another impact the policy developments have is that all staff have to be trained in safeguarding and protecting vulnerable adults and complete this as part of their induction training as set out by the CSSIW. Within Cardiff, staff undertake the POVA Level 2 training that explores this is so that they are able to be vigilant in spotting the signs of abuse and know what happens when it is reported to the local POVA team.

One of the biggest impacts policy development has in regards to the safeguarding and protection of vulnerable adults is that staff have to be vigilant about the way they act with residents. Staff are trained to a person-centred approach and if a resident is happy being called ‘love’, this can be perceived as abuse by someone else. Staff also have to be vigilant about following the correct procedures when it comes to moving and handling and how they care for a resident as if the policies and procedures are not followed then their actions can be reported as abuse. So these policy developments make staff constantly think about their own judgements and actions constantly.

Another impact that policy development has is it the POVA policy and any other policies that assist in safeguarding vulnerable adults is reviewed on a regular basis. In my setting these policies are usually reviewed on a 6 monthly or yearly basis. This is so that any developments nationally are implemented into the reviewed policy.

1.3 Explain the legislative framework for safeguarding vulnerable adults

There are many pieces of legislation out there that talk about safeguarding vulnerable adults. Prior to 2000 there was no such piece of legislation that gave responsibility for statutory services, such as Local Authority Social Services to investigate forms of abuse, but there were pieces of legislation that supported the protection of vulnerable adults to come forward. The Crime and Disorder Act (1998) acted as first-hand support for the protection of vulnerable adults and is the basis for the formation of partnerships between the LA’s and the police. The Human Rights Act (1998) explains the rights and freedom of individuals and the Disability Act (1995) sets out the protection for adults with disabilities. All these pieces of legislation played a part in the protection of vulnerable adults.

In 2000, the UK government set out to look at the agenda of Protection of Vulnerable Adults and gave out guidance to all LA’s called No secrets: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse. This laid out the responsibilities for LA’s to develop and organise a policy to protect vulnerable adults from abuse through a multi-agency approach, similar to the Child Protection Agenda. This guidance also gave LA’s the responsibility of setting up local multi-agency teams and set up the correct reporting procedures for any cause of concern to be reported. The guidance also set out that these local teams ensured that service providers had the relevant protection of vulnerable of adults’ policies and procedures in place and ensure that staff who work with vulnerable adults were trained to identify any signs or symptoms of abuse.

At the same time the Care Standards Act (2000) was implemented and set out the standards that all Social Care Services have to follow. It made the protection of vulnerable adults a priority and in Section 7 it stated that the provision of protecting vulnerable adults should be made. From this in 2004, the Protection of Vulnerable Adults (POVA) scheme was set up (Department of Health, 2009). Its intention was to not allow any individual work with vulnerable adults in the care sector if they have neglected, harmed or abused a vulnerable person.

The Mental Capacity Act (2005) was introduced to provide a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. Within the Act there are 5 principles and these are: 1. a presumption of capacity – every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise; 2. the right for individuals to be supported to make their own decisions – people must be given all appropriate help before anyone concludes that they cannot make their own decisions; 3. individuals must retain the right to make what might be seen as eccentric or unwise decisions; 4. best interests – anything done for or on behalf of people without capacity must be in their best interests; and 5. least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms.

Another part of this act that is about the protection of vulnerable adults is the Deprivation of Liberties Safeguard (DoLs). They aim to make sure that people in care homes, hospitals and supported living are looked after in a way that does not inappropriately restrict their freedom. The safeguards should ensure that a care home, hospital or supported living arrangement only deprives someone of their liberty in a safe and correct way, and that this is only done when it is in the best interests of the person and there is no other way to look after them. A recent court decision in March 2014 has provided a definition of what is meant by the term ‘deprivation of liberty’. A deprivation of liberty occurs when ‘the person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements’. So this application for DoLs is necessary for all EMI residential care homes as residents lack capacity to leave the home and are lacking the understanding of identifying risks if left unattended.

Another major piece of legislative framework in regards to the protection of vulnerable adults was the introduction of the Criminal Record Bureau Checks now called the Disclosure and Barring Service. POVA teams needed a list of health and social care employees who have had a history of abusing vulnerable adults. These checks were implemented so that health and social care service providers were able to see if a potential employee was suitable for employment within their establishments. If employers are unable to wait for the CRB to come back then they can also use the ISA Adult First Check (previously known as the POVA list) that gives them access to a list that tells them if a potential employee is unsuitable to work with vulnerable adults.

1.4 Evaluate how serious case reviews or inquiries have influenced quality assurance, regulation and inspection relating to the safeguarding of vulnerable adults Case reviews or inquires have influenced quality assurance, regulation and inspection relating to the safeguarding of vulnerable adults because they have been used to introduce the right so that complaints procedures have to be implemented within health and social care settings. Within the National Minimum Standards (NMS) 16.1 states that: The registered person ensures that there is a simple, clear and accessible complaints procedure which includes the stages and timescales for the process, and that complaints are dealt with promptly and effectively And the outcome of that standard is so that the service users and their relatives and friends are confident that their complaints will be listened to, taken seriously and acted upon.

The registered person needs to make the complaints procedure available to everyone and promote it in the service user brochure, the homes statement of purpose and is promoted throughout staff meetings, notice boards and resident meetings. It also sets out that the registered person has to respond to a complaint within 28 day (NMS 16.2). Registered managers also have to keep a written record of all complaints and copies of investigations (NMS 16.3)

Case reviews and inquiries can also influence quality assurance, regulation and inspection relating to the safeguarding of vulnerable adults because they can be used to establish best practice to prevent/reduce the risk of a similar incident happening again. They can also be used as training materials for staff to improve their practice and implement policies and procedures within a setting.

1.5 Explain the protocols and referral procedures when harm or abuse is alleged or suspected Within the National Minimum Standards for Care Homes, Standard 18’s outcome is that Service Users are protect from abuse. This standard sets out that the registered manager or person ensures that the service users are protected and safeguarded from all forms of abuse, be it from staff members, family or strangers. It also sets out that policies regarding safeguarding vulnerable adults are in place and adhered too (NMS 18.1). Registered managers or persons also to make certain that there are measures in position to respond to the suspicion of neglect and abuse (NMS 18.2) a

nd that they are reported immediately.
In 2005, the Safeguarding

Safeguarding and Protection of Vulnerable Adults Essay Sample