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SAFEGUARDING VULNERABLE ADULTS (SOVA), LEVEL 2 SECTION1

SAFEGUARDING VULNERABLE ADULTS (POVA), LEVEL 2 - COURSE DISCLAIMER

Under the UK law, all health professionals working with adults at risk
(vulnerable adults) are required to pass a training course for the Safeguarding
Vulnerable Adults (POVA).
This course aims to provide you with some of the key knowledge and skills
necessary to recognise and respond to abuse.
This involves the ability to identify and report concerns of the abuse and neglect of
adults at risk, and to understand your role the investigation process.

Course Disclaimer

This course has been written to introduce its reader to the competencies required by
those who work with Adults at Risk/Vulnerable Adults in the Statutory, Voluntary, and
Private sectors, and staff who manage adult abuse cases.

This may include: qualified staff working with statutory healthcare agencies,
social/care workers, nurses, allied health professionals, ward sisters, GPs,
care and nursing home managers, team leaders, and police officers.

The aim of the course is to give you an awareness as to your role in Safeguarding
Adults at Risk (Vulnerable Adults).
It is not designed to act as a means by which competency in undertaking and
coordinating a safeguarding adult risk assessment and safeguarding adult protection
plan/action is assessed. (This will be covered in Safeguarding Vulnerable Adults
(POVA), Level 3 competencies.)
2012 Interactive Healthcare Training Ltd. Any copying in whole or in part of the text of this training
programme is strictly prohibited. Moral rights of the author under the Copyright Designs and Patents
Act 19COURSE AIMS & OBJECTIVES

On completion of this course you will be able to:

Apply the external legislation


governing Safeguarding Vulnerable
Adults (SOVA)

Define the term Vulnerable Adult


and understand the context of
safeguarding and protection from
abuse

Define the term Safeguarding and


your role in recognising and reporting abuse

Notice the evidence and the key signs of abuse

Recognise different types of abuse

Know how to respond to suspected or alleged abuse

Manage a safe environment

Know different ways to minimise the risk of abuse, and identify why some
adults are more vulnerable

Inform the correct individuals, if you suspect abuse has occurred (recognise
and report unsafe practices)

Describe the dignity and respect that will become commonplace in individualcentred care

This course is aligned to the UK Core Skills Training Frameworks


subject "Safeguarding adults".
88 are asserted.

SAFEGUARDING VULNERABLE ADULTS (SOVA), LEVEL 2 - SECTION1


WHAT WILL THIS SECTION PROVIDE?

This session will enable you to achieve the Skills for Care Induction: Standard
Level 5 and recognise and respond to abuse and neglect.
The three parts to this course will together take no longer than 2 hours to complete.
You may find it helpful to make notes as you go. There will be multiple choice test
questions at the end of each section.
This module will cover:

Legislation and official guidance references

Safeguarding Vulnerable Adults (POVA) Scheme 2004

Safeguarding Vulnerable Groups Act 2006

No Secrets The Protection of Vulnerable Adults 2000 & 2009 (official


guidance published by the Department of Health and the Home Office)

Care Standards Act 2000

The Mental Capacity Act 2005

The Human Rights Act 1998

The Equality Act 2010


Important terms related to Safeguarding Adults at Risk
Followed by a short test

SAFEGUARDING VULNERABLE ADULTS (SOVA), LEVEL 2 - SECTION1


LEGISLATION AND OFFICIAL GUIDANCE REFERENCES

Safeguarding Vulnerable Adults (POVA/SOVA) is regulated by a number of


legal acts and official guidance, including the following:

Legislation and official guidance


references

Safeguarding Vulnerable Adults (POVA)


Scheme 2004

Safeguarding Vulnerable Groups Act


2006

No Secrets The Protection of


Vulnerable Adults 2000 & 2009 (official
guidance published by the Department of
Health and the Home Office)

Care Standards Act 2000.

While not regulated by, it is influenced by:

Care Quality Commission: Guidance about Compliance: Essential Standards


Quality and Safety Outcomes 4 and 7

Professional Codes of Practice

National Competence Framework for Safeguarding Adults

Dignity in Care

Safeguarding Adults: The role of health services

The Mental Capacity Act 2005


The Human Rights Act 1998
The Equality Act 2010
Whistleblowing (Public Disclosure Act) 2008
Health and Social care Act 2008
Statement of Government policy on Adult Safeguarding

Under Safeguarding Adults legislation and guidance, all statutory and


independent agencies engaged in adult social care, community organisations
and groups, including people who use services and carers, are responsible for
vulnerable adults in their care and must ensure their service users are
protected from any abuse or neglect.
You may also find it helpful to check all local area-specific legislation that might aid
your work.
SAFEGUARDING VULNERABLE ADULTS (POVA) SCHEME

The POVA scheme, as implemented in the Care Standards Act 2000 was introduced
from July 2004. At the heart of the POVA scheme is a list of care workers who have
harmed vulnerable adults in their care.
Since 26 July 2004, there has been a statutory requirement on care providers to
check if workers they wish to appoint to a care position (meaning a position that
would enable workers employed in care homes or by domiciliary care agencies to
have regular contact with vulnerable adults) are included on the POVA list.

If individuals are included on the POVA list, they are deemed ineligible for
employment in this area.
For a link to the POVA scheme official
government legislation please click below:

http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/document
s/digitalasset/dh_4090319.pdf
SAFEGUARDING VULNERABLE ADULTS (SOVA), LEVEL 2 - SECTION1
SAFEGUARDING VULNERABLE GROUPS ACT 2006

This act established a statutory body, the Independent Safeguarding Authority


(ISA), to take responsibility for the barring of offenders to vulnerable children
and adults.
In October 2009 ISA integrated the POVA and POCA lists with List 99 (an
additional list of child-offenders) to form two
definitive lists:

Individuals barred from working with


children

Individuals barred from working with


vulnerable adults.

The main role of The Independent


Safeguarding Authoritys (ISA) is to monitor
and help prevent unsuitable people from
working with and looking after children and
vulnerable adults.
(However, currently there is no formal requirement for those working or volunteering
with vulnerable groups to register with the ISA.)
The Safeguarding Vulnerable Groups Act 2006 also indicates that:

Employers should be provided with straightforward means of checking that a


job applicant is not barred from working with vulnerable adults (or children);

Employers should have vetting procedures in place, and carry out suitability
checks on a regular basis rather than as one-offs. Regular checks should help

to catch those already in employment, who commit wrongs following initial


suitability checks carried out prior to their employment.
The Safeguarding Vulnerable Groups Act 2006 makes Criminal Record checks
compulsory for any staff members who:

Have contact with service users in registered care home

Provide personal care services in someones home

Are involved in providing adult placement schemes.

Potential employers must carry out a pre-employment criminal record check with the
Criminal Records Bureau (CRB) for all potential new healthcare and social care staff,
including nursing and home care agency staff.
Employers can refer to The Independent Safeguarding Authoritys (ISA) for published
research materials, which can help them recognise and prevent abuse in the
workplace. For further information, please go to ISA's website:
http://www.isa.homeoffice.gov.uk/
For a link to the official government legislation please click this link:
http://www.opsi.gov.uk/acts/acts2006/ukpga_20060047_en_1

The CQC

The CQC stands for the Care Quality Commission, and it is their role to check
whether hospitals, care homes and care services are meeting government standards
of quality and safety.
NO SECRETS GUIDANCE

The No Secrets (England) and In Safe Hands (Wales) document was initially
published in 2000 and then reviewed in 2009, by the Department of Health and
the Home Office, under section 7 of the Local Authority Social Services Act
1971.

The documents full title is: No secrets: Guidance on developing and


implementing multi-agency policies and procedures to protect vulnerable
adults from abuse.
The guidance covers
different aspects of
safeguarding vulnerable
adults, including the
definition of vulnerable
adult, abuse and harm. It
also illustrates all types
of abuse. It ensures that
all cases of abuse are
reported as soon as possible.
Article 5.1 (of the DOH, 1999 No Secrets, p. 27) states:
"A key element and starting point for successfully dealing with concerns and
allegations of the abuse of vulnerable adults must be that agencies [care homes,
hospitals etc.] have an organisational environment and framework within which all
concerned feel able to come forward without fear of ridicule, victimisation or other
negative consequence. Without this the risk of abuse going unnoticed, unreported
and, thus continuing, will remain.

Although "No Secrets" is only guidance, and has no legislative powers, it is


recognised as statutory guidance in relation to local social services
authorities.

If the authorities should choose not to follow this guidance, they might be
deemed to be acting unlawfully, and as a result they might be held in legal
case called judicial review.
However when an authority follows this guidance, the initial agency who will
need to be consulted in any allegation of abuse is the local Social Services

Authority. Subsequently, representatives must be selected from the relevant


agencies below:
1. Commissioners of health and social care services
2. Providers of health and social care services
3. Providers of sheltered and supported housing
4. Regulators of services
5. The police and other relevant law enforcement agencies, including the
Crown Prosecution Service (CPS)
6. Voluntary and private sector services
7. Other local authority departments e.g. housing and education
8. Probation departments
9. DSS Benefit Agencies
10. Carer support groups
11. User groups and user-led services
12. Advocacy and advisory services
13. Community safety partnerships
14. Services meeting the needs of specific groups experiencing violence
15. Organisations offering legal advice and representation

In some situations and certain areas, it may be advisable that a standing committee
is created, with defined remits and lines of accountability, and agreed objectives and
priorities for their work. This will typically be the case in larger areas such as Greater
London. Some responsibilities for these standing committees could be determining
policy, co-ordinating activity between agencies, facilitating training and monitoring
and reviewing progress.
NO SECRETS GUIDANCE

The No Secrets (England) and In Safe Hands (Wales) document was initially
published in 2000 and then reviewed in 2009, by the Department of Health and
the Home Office, under section 7 of the Local Authority Social Services Act
1971.
The documents full title is: No secrets: Guidance on developing and
implementing multi-agency policies and procedures to protect vulnerable
adults from abuse.
The guidance covers
different aspects of
safeguarding vulnerable
adults, including the
definition of vulnerable
adult, abuse and harm. It
also illustrates all types
of abuse. It ensures that
all cases of abuse are
reported as soon as possible.
Article 5.1 (of the DOH, 1999 No Secrets, p. 27) states:
"A key element and starting point for successfully dealing with concerns and
allegations of the abuse of vulnerable adults must be that agencies [care homes,
hospitals etc.] have an organisational environment and framework within which all
concerned feel able to come forward without fear of ridicule, victimisation or other
negative consequence. Without this the risk of abuse going unnoticed, unreported
and, thus continuing, will remain.

Although "No Secrets" is only guidance, and has no legislative powers, it is


recognised as statutory guidance in relation to local social services
authorities.

If the authorities should choose not to follow this guidance, they might be
deemed to be acting unlawfully, and as a result they might be held in legal
case called judicial review.
However when an authority follows this guidance, the initial agency who will
need to be consulted in any allegation of abuse is the local Social Services
Authority. Subsequently, representatives must be selected from the relevant
agencies below:
1. Commissioners of health and social care services
2. Providers of health and social care services
3. Providers of sheltered and supported housing
4. Regulators of services
5. The police and other relevant law enforcement agencies, including the
Crown Prosecution Service (CPS)
6. Voluntary and private sector services
7. Other local authority departments e.g. housing and education
8. Probation departments
9. DSS Benefit Agencies
10. Carer support groups

11. User groups and user-led services


12. Advocacy and advisory services
13. Community safety partnerships
14. Services meeting the needs of specific groups experiencing violence
15. Organisations offering legal advice and representation
In some situations and certain areas, it may be advisable that a standing committee
is created, with defined remits and lines of accountability, and agreed objectives and
priorities for their work. This will typically be the case in larger areas such as Greater
London. Some responsibilities for these standing committees could be determining
policy, co-ordinating activity between agencies, facilitating training and monitoring
and reviewing progress.
CARE STANDARDS ACT 2000

The Care Standards Act 2000 establishes a new, independent regulatory body
for social care and private and voluntary healthcare services (care services)
in England to be known as the National Care Standards Commission (NCSC).

It also establishes new, independent Councils to register social care workers, set
standards in social care work and regulate the education and training of social
workers in England and Wales.

From 1st April 2002, the National Care Standards Commission (NCSC) became
responsible for the registration and inspection of all Care Homes and private
healthcare facilities (now categorised as "Independent Hospitals") in England.

Facilities previously categorised as "Mental Nursing Homes" are now also referred to
as "Independent Hospitals".

The National Care Standards


Commission (NCSC) is also

responsible for

Inspecting all care homes and independent


hospitals

Providing help in compliance with the legislation

Assisting in continual improvement of the quality of services

Reviewing some complaints

Promoting standards of care in accordance with the existing regulations

For a link to the official government legislation please click below:


THE MENTAL CAPACITY ACT 2005

The Mental Capacity Act 2005 was fully implemented on 1 October 2007.

It provided a legal framework for people who lack capacity and those caring for them
by setting out key principles, procedures and safeguards.

The Act provides guidance with regards to empowerment and informed


decision making, making it clear that most interventions require the consent
and participation of the vulnerable adult, and must legally be taken into
account.

According to the Mental Capacity Act Code of Practice, "whenever the term a
person who lacks capacity is used, it means a person who lacks capacity to make a
particular decision or take a particular action for themselves at the time the decision
or action needs to be taken."

"This reflects the fact that people may lack capacity to make some decisions for
themselves, but will have capacity to make other decisions. For example, they may
have capacity to make small decisions about everyday issues such as what to wear
or what to eat, but lack capacity to make more complex decisions about financial
matters."
The Mental Capacity Act 2005 indicates that even when a
person lacks capacity, they must still be encouraged to
participate in the decision making process, and their past
and present wishes should be into account.
Even though the persons wishes are not legally decisive
and may not be followed, they still carry significant legal
weight and should be taken into account.
For further reading please go to the Department of Healths website, section:
The Mental Capacity Act 2005,
http://www.dh.gov.uk/en/SocialCare/Deliveringsocialcare/MentalCapacity/MentalCap
acityAct2005/index.htm
You can download the Mental Capacity Act Code of Practice document HERE, or go
to the following website: http://webarchive.nationalarchives.gov.uk/
+/http://www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdf and download the
document directly from the source website.
THE HUMAN RIGHTS ACT 1998

Human rights are contained in the European Convention on Human Rights.


The Human Rights Act 1998 integrated the Convention into UK law.
According to the No Secrets Guidance, abuse is a violation of an individuals human
and civil rights.

The human rights operate on the proportionality


principle, which ensure that a balance is
maintained between the rights of vulnerable
adults and those who work with them.
Safeguarding is about protecting people,
their autonomy, independence and freedom
to make choices.
However, people who work with vulnerable
adults have legal rights too.
Therefore, organisations should avoid putting in
place excessive rules and measures to
safeguard vulnerable adults, if the effect of
implementing these rules and measures should
be legally unfair on workers.
Human rights particularly relevant in safeguarding vulnerable adults are:

The right to life (article 2)

The right not to be tortured or treated in an inhuman or degrading way


(article 3)

The right to liberty (article 5)

The right to respect for private and family life, home and
correspondence (article 8)

THE EQUALITY ACT 2010

The Equality Act 2010 provides a legislative framework to protect the rights of
individuals and provide equality of opportunity for all, especially vulnerable
people.
All organisations and individuals that provide a service to the public or a section of
the public are obliged to adhere to this legislation.

The Act makes it unlawful to treat a disabled person unfavourably because of an


issue arising from or as a consequence of a persons disability.
The Act states that people with a protected characteristic (i.e. vulnerable
people) must be protected from direct or indirect discrimination on grounds of
their:

Disability

Gender reassignment

Pregnancy and maternity

Race

Religion belief or non belief

Sex

Sexual orientation

Age

Therefore, anyone working with vulnerable adults is formally required to:

Follow the legal guidelines and company policies that apply to equality and
diversity regulations.

Observe and report any signs of abuse,


harassment or discrimination, particularly
if vulnerable disabled people are involved.

Nurture positive relationships between different groups of people.

Promote positive attitudes towards disabled people, including positive actions


to help people with protected characteristics overcome disadvantage.

Involve people in decisions regarding their health and social care, and their
access to services.

The Equality Act 2010 defines such terms as harm, abuse, and other
behaviours categorized as harassment.
IMPORTANT TERMS RELATING TO SAFEGUARDING ADULTS AT RISK

Adult at Risk a person over 18 years of age, who is or may be in need


of community care services by reason of mental health, age or illness, and who may
not be able to look after themselves or protect themselves against abuse or
exploitation. The term Adult at Risk is often used in place of Vulnerable Adult (which
is still in use in many areas) as it indicates some fault on the part of the victim of
abuse.

Advocacy services which have


been put in place for people who may
have difficulty in communicating their
needs, to help them protect their rights
and reach the services they need. In
times of crisis advocates can have a
strong influence on the outcome of
reviews, assessments and appeals.

Alert a concern raised within an organisation when abuse of an adult at risk


has been discovered or suspected. It may come as a result of a number of situations
including a disclosure, or an incident, as well as other signs or indications of abuse.

Deprivation of Liberty depriving an individual of their liberty even


though the legal authorisation process has not been followed. The law does not give
a definition of the term deprivation of liberty but describes an accumulation of
restrictions, including being accommodated in a care home or hospital, when the
relevant person is unable to consent to the accommodation and aspects of the care
and treatment that is needed to prevent harm to self. The distinction between
deprivation of and restriction upon liberty is merely one of degree or intensity and not
one of nature or substance (DoLS Code of Practice)

Deprivation of Liberty Safeguards (DoLS)


measures introduced in April 2009 (using the principles of Mental Capacity Act
2005), in order to provide legal protection for people at risk, who do not have
capacity to act for themselves and who may be deprived of their liberty. The
authorisation process ensures that deprivation of liberty is necessary, proportionate
and the least restrictive option and provides a legal process to challenge decisions to
deprive someone of their liberty. The safeguards apply to people in England and
Wales.

Harm ill treatment (both physical and non-physical), avoidable deterioration in


physical and mental health; impairment of physical, emotional, intellectual or social
development.

Informed consent - a legal procedure to ensure that a voluntary


agreement is given by an individual before any course of action is taken, and the
adult at risk understands the purpose, nature, possible effects and risks of that

action. The consent of the adult believed to be at risk should always be sought
before the safeguarding procedures are undertaken.

Investigating officer a staff member (often a Social Worker or a


Manager within the organisation) who is in charge of a safeguarding investigation
into a suspected /reported case of abuse. Investigating Officers work is supervised
by the Safeguarding Coordinator.

Mental capacity ability to make a decision about a specific matter at


the given moment in time, when taking the decision is required. When people cannot
make a decision for themselves, this is
called lacking capacity.

Referral an action that takes


place when the Safeguarding Referral
Point has been contacted by an individual
who expressed their concern about the
process of safeguarding of a particular
adult, or with regards to an alleged
abuse. A referral may happen as a result
of an individual being informed of an alert.

Safeguarding Adults - multi-disciplinary work to minimise and


manage a risk of abuse to adults who may be vulnerable. Safeguarding procedures
aim to enable an adult who is or may be eligible for community care services to
keep their independence, well-being, and ability to make their own decisions &

choices, in accordance with their human right to live a life that is free from abuse and
neglect. Safeguarding involves empowerment, protection and justice.

Safeguarding Coordinator a person working for a local Adult


Social Care or an NHS, whose role is to ensure that an appropriate course of action
is taken when a referral about safeguarding has been made. A Safeguarding
Coordinator oversees how the alleged abuse/concern should be investigated and
coordinates the investigation in progress, as well as supervises any protection
arrangements required.

Vulnerable Adult see the term Adult at Risk.

Whistle-blowing in the context of Safeguarding: raising concerns


about the practices of an organisation or an individual member of staff that might
lead/have lead to or abuse of adults at risk. Whistle-blowers disclose their identity or
may act anonymously, which can make the investigation difficult. In order to protect
adults, whistle-blowers should always be treated seriously, confidentially and fairly.
They should be informed of the measures taken to prevent abuse and also of their
outcome.
END OF SECTION 1

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Please feel free to then move on to Section 2.