The Macular Society is committed to safeguarding in line with national legislation and relevant national and local guidelines and best practice. The safeguarding policies and procedures are reviewed on a yearly basis and whenever there are changes in relevant legislation and/or government guidance as required by the Local Safeguarding Board, or as a result of any other significant change or event.
The policy below is regarding Safeguarding adults, please also see our Safeguarding children policy.
On this page:
- Policy statement
- Purpose
- Definitions and legislation
- Safeguarding themes
- Wellbeing principle
- Person centred safeguarding
- Mental capacity
- Roles and responsibilities
- What to do if you are concerned
- Receiving a disclosure
- Recording information
- Whistle blowing
- Allegations
- Recruitment
- Appendix 1 - Case Management Team
- Appendix 2 - Region principles
Policy statement
The Macular Society believes everyone has the right to live free from abuse or neglect regardless of age, ability or disability, sex, race, religion, ethnic origin, sexual orientation, marital or gender status.
The Macular Society is committed to creating and maintaining a safe and positive environment and an open, listening culture where people feel able to share concerns without fear of retribution.
The Macular Society acknowledges that safeguarding is everybody’s responsibility and is committed to prevent abuse and neglect through safeguarding the welfare of all adults involved.
The Macular Society recognises that there is a legal framework within its services that need to work to safeguard adults who have needs for care and support and for protecting those who are unable to take action to protect themselves and will act in accordance with the relevant safeguarding adult legislation and with local statutory safeguarding procedures.
Actions taken by the Macular Society will be consistent with the principles of adult safeguarding, ensuring that any action taken is prompt, proportionate and that it includes and respects the voice of the adult concerned.
The Macular Society has separate policies and procedures for Safeguarding adults and Safeguarding children. The Macular Society will remain conscious of the essential differences that exist between safeguarding children and safeguarding adults. One of the key differences is that adults have their own rights and responsibilities and must take their own decisions and live independent lives. This means that they have a legal right of consent and participation in progressing safeguarding concerns. The exception to this is if they do not have the mental capacity to make informed decisions about their safety (or if it puts others at risk). For children, consideration must be given to the wishes and feelings of a child, if reasonable, before making decisions on what services to provide or action to take. However, authorities will always have a duty to act in the best interests of the child which may mean contradicting their wishes.
Adult safeguarding concerns may also involve children, and vice versa. If concerns arise about a child these must also be reported to the local Children’s Services team within Social Services and/or police to investigate. See the Macular Society’s Safeguarding Children policy.
Purpose
The purpose of this policy is to:
- keep vulnerable adults safe or work to establish safety for adults experiencing harm.
- provide all staff and volunteers with the overarching principles that guide our approach to safeguarding and protecting vulnerable adults.
To keep vulnerable adults safe the Macular Society will:
- provide a setting where people feel listened to, safe, secure, valued and respected;
- have a Designated Safeguarding lead/leads and ensure a clear line of accountability with regards to safeguarding concerns;
- ensure all staff and volunteers have been provided with up-to-date and relevant information, training, support and supervision to enable them to fulfil their role and responsibilities in relation to safeguarding and vulnerable adults protection;
- provide a clear procedure to follow when safeguarding concerns arise;
- ensure effective and appropriate communication between all staff, volunteers and trustees;
- ensure those at risk of harm will be put first and the adult will be actively supported to communicate their views and the outcomes they want to achieve. Those views and wishes will be respected and supported unless there are overriding reasons not to;
- ensure actions taken will respect the rights and dignity of all those involved and be proportionate to the risk of harm;
- maintain confidential, detailed and accurate records of all safeguarding concerns and securely store in line with our Data Protection Policy and Procedures;
- build strong partnerships with other agencies to promote effective and appropriate multi-agency working, information sharing and good practice;
- use safe recruitment practices and continually assesses the suitability of trustees, staff and volunteers to prevent the employment/deployment of unsuitable individuals in this organisation; share information about anyone found to be a risk to adults with the appropriate bodies. For example: Disclosure and Barring Service, police, local authority/social services;
- ensure that all staff, volunteers and trustees adhere to the Codes of Conduct that specifies zero tolerance of abuse in any form.
Scope
This safeguarding adult policy and associated procedures apply to all individuals involved in the Macular Society including; trustees, staff, volunteers concerned about the safety of adults whilst taking part in our activities, using our services and in the wider community.
This policy should be read and understood alongside the following policies:
- Code of Conducts and a process for breach of these – Trustees, Staff and Volunteers,
- Disciplinary policy
- Anti-Harassment and bullying policy
- Grievance policy
- Whistleblowing policy
- Wellbeing commitment
- Safer recruitment policy
- Safeguarding children
Key points
At the Macular Society, we understand our safeguarding responsibilities towards adults at risk as:
- Protecting their rights to live in safety, free from abuse and neglect.
- People and organisations working together to prevent the risk of abuse or neglect, and to stop them from happening.
- Making sure their wellbeing is promoted, taking their views, wishes, feelings and beliefs into account.
The Macular Society recognizes different categories of abuse:
- Discriminatory
- Domestic abuse
- Financial and material
- Institutional
- Modern slavery
- Neglect/acts of omission
- Online abuse
- Physical
- Psychological/emotional
- Radicalisation
- Self-harm
- Self-neglect
- Sexual
Adults at risk are defined in legislation and the criteria applied differs between each region.
- The safeguarding legislation applies to all forms of abuse that harm a person’s well-being.
- The law provides a framework for good practice in safeguarding that makes the overall well-being of the adult at risk a priority of any intervention.
- The law in all regions emphasises the importance of person-centred safeguarding, (referred to as ‘Making Safeguarding Personal’ in England).
- The law provides a framework for making decisions on behalf of adults who can’t make decisions for themselves (mental capacity).
- The law provides a framework for charity organisations to share concerns they have about adults at risk with the local authority.
- The law provides a framework for all organisations to share information and cooperate to protect adults at risk.
Definitions and legislation
The scope of adult safeguarding ‘Adults at Risk’ is where there is reasonable cause to support that an adult:
- has needs for social care and support.
- is experiencing or is at risk abuse or neglect and,
- as a result of those needs the adult is unable to protect themselves against the abuse or neglect or the risk of it.
England
In England an ‘Adult at Risk’ is defined as any person aged 18 years and over who is, or may be, in need of community care services by reason of mental health issues, learning or physical disability, sensory impairment, age or illness and who is or may be unable to take care of him/herself or unable to protect him/herself against significant harm or serious exploitation.
Scotland
In Scotland an ‘Adult at Risk’ is defined as a person over the age of 16-year years who cannot safeguard his or her own well-being or property and is affected by disability, mental disorder, illness or infirmity and is more at risk of being harmed than other adults who are not so affected.
Section 3(1) defines an 'adult at risk' as someone who meets all of the following three-point criteria:
- They are unable to safeguard their own well-being, property, rights or other interests.
- they are at risk of harm;
- and because they are affected by disability, mental disorder, illness or physical or mental infirmity they are more vulnerable to being harmed than adults who are not so affected.
Wales
The Social Services and Wellbeing Act (2014) places adult safeguarding on equal status as child protection. An ‘Adult at Risk’ is an adult who is experiencing or is at risk of abuse or neglect, has needs for care and support (whether or not the authority is meeting any of those needs), and as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.
The Social Services and Well Being Act (2014) has introduced adult protection and support orders. An authorised officer may apply to a justice of the peace for an order (“an adult protection and support order”) in relation to a person living in any premises within a local authority's area. The purposes of an adult protection and support order are to enable the authorised officer and any other person accompanying the officer to speak in private with a person suspected of being an adult at risk.
Northern Ireland
In Northern Ireland an ‘Adult at Risk’ of harm is defined as a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their personal Circ*mstances.
References
Please note this list is not exhaustive:
- Adults with Incapacity (Scotland) Act, 2000
- Prevent Strategy 2015
- Mental Capacity Act 2005
- Mental Health (Care & Treatment) (Scotland) Act 2003
- Deprivation of Liberty Safeguards 2009
- Strategy for Dealing with Safeguarding Children and Vulnerable Adults Issues in Charities, Charity Commission (2012)
- Protection of Freedoms Act 2012
- The Care Act 2014
- Social Services and Well-being (Wales) Act 2014
- Violence Against Women Domestic Abuse and Sexual Violence (Wales) Act 2015
- The Serious Crimes Act 2015
- Modern Slavery Act 2015
- Safeguarding Board for Northern Ireland Procedures Manual, November 2017
- Wales Safeguarding procedures (application and Web based)
- Prevent Duty Guidance for Scotland
- Adult Support and Protection Act Scotland 2007
- Scotland Adult Support and Protection Revised Code of Practice
- The NI Prevention and Protection in Partnership Policy 2015
Safeguarding themes
Please note that below is not an exhaustive list.
Vulnerable adults at risk
A vulnerable adult at risk may become at risk of abuse because of their needs for care and support (whether or not the local authority is meeting those needs) and is experiencing, or at risk of abuse and neglect. As a result of those needs, they are unable to protect themselves from either the risk of, or the experience of, abuse and neglect. This may include their ability to communicate or making known their wishes and needs. Examples of adults who may become at risk of abuse may be because they have a high degree of dependency on others, in need of community care or specialist services due to mental health problems, physical or learning disability, age or illness and may include their ability to communicate or making known their wishes and needs. Please note: not all vulnerable adults are at risk of abuse.
Abuse and neglect
Abuse and neglect takes many forms and can be caused by single or repeated acts or a failure to act by any other person or persons, or in the case of self-neglect, the victim themselves. The circ*mstances of each individual case will be considered as to not limit what constitutes abuse or neglect. The Macular Society will treat as a safeguarding concern where a vulnerable adult at risk is suspected to be involved in either of the following:
Finance or material abuse
Includes: theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
Possible indicators:
- change in living conditions
- lack of heating, clothing, or food
- inability to pay bills/unexplained shortage of money
- unexplained withdrawals from an account
- unexplained loss/misplacement of financial documents
- the recent addition of authorized signers on a client or donor’s signature card
- sudden or unexpected changes in a will or other financial documents
Sexual abuse/exploitation
Includes: rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to p*rnography or witnessing sexual acts, sexual assault, or sexual acts to which the adult has not consented or was pressured into consenting. Any sexual relationship that develops between adults where one is in a position of trust, power or authority in relation to the other (e.g. social worker, health worker, etc) may also constitute sexual abuse.
Possible indicators:
- low self-esteem
- feeling that the abuse is their fault when it’s not
- adult exhibits significant changes in behaviours or outlook
- adult experiences pain, itching or bleeding in the genital area
- increased self-harming, suicidal ideations or suicide attempts
Domestic abuse/violence
Includes: psychological, physical, sexual, financial, emotional abuse, ‘honor’ based violence, female genital mutilation, forced marriage, coercive control, harassment and stalking, online abuse.
Domestics abuse is any incident or pattern of incidents or controlling, coercive, or threatening, degrading behaviour, violence or abuse by someone who is or has been an intimate partner or family member regardless of gender, sexuality or age.
Possible indicators
- low self-esteem
- feeling that the abuse is their fault when it’s not
- physical evidence of violence such as bruising, cuts, broken bones, etc
- verbal abuse and humiliation in front of others
- fear of outside intervention
- damage to home or property
- isolation -not seeing friends and family
- limited access to money
Physical abuse
Includes: assault, hitting, slapping, pushing, kicking, misuse of medication, being locked in a room, inappropriate sanctions or force feeding, inappropriate methods of restrains, and unlawfully depriving a person of their liberty.
Possible indicators:
- no explanation for injuries or inconsistency with the account of what happened
- injuries are inconsistent with the person’s lifestyle
- bruising, cuts, welts, burns, and/or marks on the body or loss of hair in clumps
- frequent injuries
- unexplained falls
- subdued or changed behaviour in the presence of a particular person
- signs of malnutrition
- failure to seek medical treatment or frequent changes of GP
Self-neglect
Includes: neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding. It is also defined as the inability (intentional or unintentional) to maintain and socially and culturally accepted standard of self-care, with the potential for serious consequences to the health and wellbeing of the individual and sometimes their community.
Possible indicators:
- very poor personal hygiene
- unkempt appearance
- lack of essential food, clothing or shelter
- malnutrition and/or dehydration
- living in squalid or unsanitary conditions
- neglecting household maintenance
- hoarding
- collecting a large number of animals in inappropriate conditions
- non-compliance with health care services
- inability or unwillingness to take medication or treat illness or injury
Neglect and acts of omission
Includes: ignoring medical, emotional or physical care needs, failure to provide access to appropriate health, social care or educational services, and the withholding of the necessities of life such as medication, adequate nutrition and heating. Neglect also includes the failure to intervene in situations that are dangerous to the person concerned or to others, particularly when the person lacks the mental capacity to assess risk for themselves.
Neglect and poor professional practice may take the form of isolated incidents or pervasive ill treatment and gross misconduct. Neglect of this type may happen within an adult’s own home or an institution. Repeated instances of poor care may be an indication of more serious problems. Neglect can be intentional or unintentional.
Possible indicators:
- poor physical condition and/or personal hygiene
- pressure sores or ulcers
- malnutrition or unexplained weight loss
- untreated inquiries and medical problems
- inconsistent or reluctant contact with medical and social care organisations
- accumulation of untaken medication
- uncharacteristics failure to engage in social interaction
- inappropriate or inadequate clothing
Modern slavery
Includes: slavery, human trafficking, forced and compulsory labour and domestic servitude. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and forces individuals into a life of abuse, servitude and inhumane treatment.
A large number of active organized crime groups are involved in modern slavery. But it is also committed by individual opportunistic perpetrators.
There are many different characteristics that distinguish slavery from other human rights violations; however, only one needs to be present for slavery to exist.
Possible indicators:
- signs of physical or emotional abuse
- appearing to be malnourished, unkempt or withdrawn
- isolation from the community, seeming under the control or influence of others
- living in dirty, cramped or overcrowded accommodation and/or living and working at the same address
- lack of personal effects or identification documents
- always wearing the same clothes
- avoidance of eye contact, appearing frightened or hesitant to talk to strangers
- fear of law enforcement
Discriminatory
Includes: unequal treatment based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex or sexual orientation (known as ‘protected characteristics’ under the Quality Act 2010), verbal abuse, derogatory remarks or inappropriate use of language related to a protected characteristic.
Hate crime can be viewed as a form of discriminatory abuse, although will often involve other types of abuse as well. It also includes not responding to dietary needs and not providing appropriate spiritual support. Excluding a person from activities on the basis they are ‘not liked’ is also discriminatory abuse.
Possible indicators:
- indicators for discriminatory abuse may not always be obvious and may also be linked to acts of physical abuse and assault, sexual abuse and assault, financial abuse, neglect, psychological abuse and harassment, so all the indictors listed above may apply to discriminatory abuse.
- an adult may reject their own cultural background and/or racial origin or other personal beliefs, sexual practices or lifestyle choices
- appearing withdrawn and isolated
- making complaints about a service not meeting their needs
Organisational
Including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, or where care is provided within a person’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation. Such abuse violates the person’s dignity and represents a lack of respect for their human rights.
Possible indicators:
- lack of flexibility and choice for people using the service
- inadequate staffing levels
- people being hungry or dehydrated
- poor standards of care
- lack of personal clothing and possessions and communal use of personal items
- lack of adequate procedures
- poor record-keeping and missing documents
- absence of visitors
- few social, recreational and educational activities
- public discussion of personal matters
- unnecessary exposure during bathing or using the toilet
- absence of individual care plans
- lack of management overview and support
Wellbeing principle
When attracting new people to the charity it needs to ensure staff, trustees and volunteers are safe and their wellbeing and welfare is at the centre of the charity’s values. The charity has a duty of care in looking after staff, trustees, service users and volunteers.
The concept of ‘well-being’ is threaded throughout UK legislation and is part of the law about how health and social care is provided. Our well-being includes our mental and physical health, our relationships, our connection with our communities and our contribution to society.
Being able to live free from abuse and neglect is a key element of well-being.
The legislation recognises that statutory agencies have sometimes acted disproportionately in the past. For example, removing an adult at risk from their own home when there were other ways of preventing harm. ‘What good is it making someone safe when we merely make them miserable?’ What Price Dignity? (2010), quote by Justice Mumby.
For that reason any actions taken to safeguard an adult must take their whole well-being into account and be proportionate to the risk of harm.
Person centred safeguarding/ making safeguarding personal
The legislation recognises that adults make choices that may mean that one part of our well-being suffers at the expense of another – for example we move away from friends and family to take a better job. Similarly, adults can choose to risk their personal safety; for example, to provide care to a partner with dementia who becomes abusive when they are disorientated and anxious.
None of us can make these choices for another adult. If we are supporting someone to make choices about their own safety we need to understand ‘what matters’ to them and what outcomes they want to achieve from any actions agencies take to help them to protect themselves.
The concept of ‘person centred safeguarding’/’making safeguarding personal’ means engaging the person in a conversation about how best to respond to their situation in a way that enhances their involvement, choice and control, as well as improving their quality of life, well-being and safety. Organisations work to support adults to achieve the outcomes they want for themselves. The adult’s views, wishes, feelings and beliefs must be taken into account when decisions are made about how to support them to be safe. There may be many different ways to prevent further harm. Working with the person will mean that actions taken help them to find the solution that is right for them. Treating people with respect, enhancing their dignity and supporting their ability to make decisions also helps promote people's sense of self-worth and supports recovery from abuse.
If someone has difficulty making their views and wishes known, then they can be supported or represented by an advocate. This might be a safe family member or friend of their choice or a professional advocate (usually from a third sector organisation).
Mental capacity and decision making
UK law assumes that all people over the age of 16 have the ability to make their own decisions, unless it has been proved that they can’t. It also gives us the right to make any decision that we need to make and gives us the right to make our own decisions even if others consider them to be unwise.
The law says that to make a decision we need to:
- Understand information
- Remember it for long enough
- Think about the information
- Communicate our decision
Mental capacity refers to the ability to make a decision at the time that decision is needed. A person’s mental capacity can change. If it is safe/possible to wait until they are able to be involved in decision making or to make the decision themselves. Furthermore, a person’s ability to do this may be affected by things such as learning disability, dementia, mental health needs, acquired brain injury and physical ill health. Being unable to make a decision is called “lacking mental capacity”.
Each region has legislation that describes when and how we can make decisions for people who are unable to make decisions for themselves. The principles are the same.
- We can only make decisions for other people if they cannot do that for themselves at the time the decision is needed.
- If the decision can wait, wait – e.g. to get help to help the person make their decision or until they can make it themselves.
- If we have to make a decision for someone else then we must make the decision in their best interests (for their benefit) and take into account what we know about their preferences and wishes.
- If the action we are taking to keep people safe will restrict them then we must think of the way to do that which restricts to their freedom and rights as little as possible.
There may be times when a charity organisation needs to make decisions on behalf of an individual in an emergency. Decisions taken in order to safeguard an adult who cannot make the decision for themselves could include:
- Sharing information about safeguarding concerns with people that can help protect them.
- Stopping them being in contact with the person causing harm.
Roles and Responsibilities
All staff and volunteers must:
- Understand the different types of abuse and recognise the possible indicators.
- Understand their responsibility to report any concerns that a child or adults is being, or is at risk of being, abused or neglected. This includes reporting any concern they may have regarding another staff member or volunteer’s behaviour towards a child or adult.
- If appropriate, liaise with other agencies, contribute to safeguarding assessments and attend multi agency safeguarding meetings.
- Record and store information legally, professionally and securely in line with organisational policies and procedures.
- Undertake the required level of training for their role in line.
- Understand the line of accountability for reporting safeguarding concerns, and be fully aware of the organisation’s Designated Safeguarding Leads and their role within the organisation.
Trustee Safeguarding Lead has overall responsibility for safeguarding. The Board of Trustees is ultimately accountable for ensuring the safety of all services provided by the Macular Society, including the implementation of effective safeguarding procedures. A designated Trustee provides a link between the Designated Safeguarding Lead and the Board. Safeguarding is an agenda item at every Board meeting.
In addition the Trustee Safeguarding Lead will:
- receive and disseminate safeguarding reports to the Board.
- ensure that any concerns are cross-referenced with the risk register and will review any actions taken.
- be notified immediately when significant safeguarding issues arise
Designated Safeguarding Lead (DSL) is responsible for overall safeguarding oversight.
- This includes GDPR compliance, oversight of all safeguarding and risk escalation processes, referrals, ensuring all policies, procedures and practice guidance are adhered to. Reviews of these will take place annually.
- They will report regularly to the CEO and Trustee Safeguarding Lead or in the event of a safeguarding referral or a criminal investigation.
- They are the individual management review author for cases of domestic homicide and/or mental health reviews.
- They will monitor and review staff and volunteer training and induction.
- Triaging safeguarding concerns when they arise.
- Ensuring that safeguarding actions are established, recorded and completed.
- Overseeing that safeguarding concerns are appropriately referred to the Adult Safeguarding Board.
- Maintaining detailed and accurate written records of safeguarding and protection concerns.
- Supported staff with debriefing after safeguarding concerns are raised.
- Working with others within the organisation to create a culture of safeguarding within the organisation.
- Coordinate the dissemination of the safeguarding adults policy, procedures and resources throughout the organisation.
- Advise on the organisation’s training needs and the development of its training strategy.
- Liaise and escalate cases to the Case Management Team for review to determine if the concern is a safeguarding adult concern and action to be taken.
- Receive reports of and manage cases of poor practice and abuse reported to the organisation – including an appropriate recording system.
- Support the chair to co-ordinate the case management process.
- Create a central point of contact for internal and external individuals and agencies concerned about the safety of adults within the organisation.
- Provide advice and support and play a lead role in the Macular Society’s training of safeguarding adults.
- Represent the organisation at external meetings related to safeguarding along with the Case Management Team.
Emma Malcolm, Safeguarding Lead
Tel 07796 015 342, emma.malcolm@macularsociety.org
Hannah Keegan, Safeguarding Lead
Tel 01264 560 201, hannah.keegan@macularsociety.org
What to do if you are concerned about an adult
You may become concerned about the safety or welfare of an adult in a number of ways:
- The person may tell you
- The person may say something that worries you
- A third party may voice concerns
- You may see something – an incident or an injury or other sign.
If a safeguarding concern is suspected:
- Emergency Situations: Where an immediate police or medical response is required e.g. if the person at risk is in immediate danger of harm/injury, emergency services 999 should be immediately contacted and the Designated Safeguarding Lead is then contacted at the earliest opportunity once it is safe to do so.
- For all other safeguarding concerns, the safeguarding concern must be reported to a Designated Safeguarding Lead. The Designated Safeguarding Lead will triage the safeguarding concern and lead on ensuring follow up actions are assigned, documented and completed.
- Observations, conversations or concerns will be recorded which should:
- Include details of the concern and nature of risk
- Be factual (who, what, where, when, how)
- Be supported by available evidence e.g. a summary of what has been disclosed
- Provide details of all actions taken
- Include a detailed outline of outcomes and follow up actions required
Receiving a disclosure
Receive
Stop and listen if someone wants to tell you about suspicions of abuse. Listen quietly and actively, giving your undivided attention. Allow silences when needed. Do not show shock or disbelief and take what is said seriously.
Reassure
Stay calm and give reassurance to the person. Explain to them that they have done the right thing by telling you and that what has happened is not their fault. Never promise confidentiality but provide assurance that they have done the right thing
React
Establish the facts of what has happened but do not ask leading questions. Keep questioning open, e.g. ‘Is there anything else you want to say?’ or ‘Can you tell me more about that?’ Ask “Who”, “What”, “When”, “Where”, and “How” questions. Do not criticise the perpetrator. Explain to the person what you will do next, e.g. you will need to pass this information to the Designated Safeguarding Lead. Make it clear that you be seeking advice/support/action Ask them how they would like information to be shared but do not make any promises. It is almost impossible to say what might happen in specific cases if there is a disclosure, so focus on exploring and mitigating fears, and being reflective and supportive.
Record
If possible, make brief notes about what the person is telling you as they are speaking. If this is not appropriate, write down what was said, as soon as possible. Record the date, time, place, your name and role and what was said (rather than your interpretation of it). Use the person’s language wherever possible. Note: In most cases it is more appropriate to listen and record immediately afterwards.
Notes should include:
- The date, time and method of contact (ie, telephone, in person, etc);
- Any allegations recorded using the client’s own words. Reflect the language and vocabulary of the young person. Include who, what where, when, how.
- The rationale behind any professional decision-making and actions. Clear recording of decisions is the basis of accountable practice.
If any other professionals across agencies are contacted to discuss safeguarding concern relating to the disclosure, then it is important to keep records of the following:
- Date
- Who spoke and their job title
- The reason that you spoke to the professional
- Whether this was a consultation where you did or did not name the client
- What information was shared and what the key points of the discussion were
- What actions you agreed on the basis of the discussion, along with timescales and responsibilities attached to these
- Any decisions or plans to discuss/not discuss any further safeguarding actions with the person
- Whether it has been necessary for the conversation to occur without the client’s knowledge or consent
- Any follow up to actions.
Report
Report the incident to your Designated Safeguarding Lead as soon as possible. If the matter is regarded as critical it should be referred to Emergency Services 999.
It is always best practice to share information with the adult’s knowledge and consent; however, there may be situations when confidentiality must be broken in order to safeguard others.
Recording and information sharing
All charity organisation must comply with the Data Protection Act (DPA) and the General Data Protection Regulations (GDPR).
Information about concerns of abuse includes personal data. It is therefore important to be clear as to the grounds for processing and sharing information about concerns of abuse.
Processing information includes record keeping. Records relating to safeguarding concerns must be accurate and relevant. They must be stored confidentially with access only to those with a need to know.
Sharing information, with the right people, is central to good practice in safeguarding adults. However, information sharing must only ever be with those with a ‘need to know’. This does NOT automatically include the persons spouse, partner, adult, child, unpaid or paid carer. Information should only be shared with family and friends and/or carers with the consent of the adult or if the adult does not have capacity to make that decision and family/ friends/ carers need to know in order to help keep the person safe.
The purpose of data protection legislation is not to prevent information sharing but to ensure personal information is only shared appropriately. Data protection legislation allows information sharing within an organisation. For example:
- Anyone who has a concern about harm can make a report to an appropriate person within the same organisation
- Case management meetings can take place to agree to co-ordinate actions by the organization
The circ*mstances when we need to share information without the adult’s consent include those where:
- It is not safe to contact the adult to gain their consent – i.e. it might put them or the person making contact at further risk.
- You believe they or someone else is at risk.
- You believe the adult is being coerced or is under duress.
- It is necessary to contact the police to prevent a crime, or to report that a serious crime has been committed.
- The adult does not have mental capacity to consent to information being shared about them.
- The person causing harm has care and support needs.
- The concerns are about an adult at risk living in Wales or Northern Ireland (where there is a duty to report to the local authority).
When information is shared without the consent of the adult this must be explained to them, when it is safe to do so, and any further actions should still fully include them.
If you are in doubt as to whether to share information seek advice e.g. seek legal advice and/or contact the local authority and explain the situation without giving personal details about the person at risk or the person causing harm.
Any decision to share or not to share information with an external person or organisation must be recorded together with the reasons to share or not share information.
Multi-Agency Working
Safeguarding adults’ legislation gives the lead role for adult safeguarding to the local authority. However, it is recognised that safeguarding can involve a wide range of organisations.
The Macular Society may need to cooperate with the local authority and the police including to:
- Provide more information about the concern you have raised.
- Provide a safe venue for the adult to meet with other professionals e.g. police/social workers/advocates.
- Attend safeguarding meetings.
- Coordinate internal investigations (e.g. complaints, disciplinary) with investigations by the police or other agencies.
- Share information about the outcomes of internal investigations
- Provide a safe environment for the adult to continue their volunteering role in the organisation.
Whistle blowing
If a member of staff suspects that children or vulnerable adults are being abused by another member of the Macular Society’s staff, they should immediately speak to their Designated Safeguarding Lead. Where there is a failure to respond appropriately to allegations of abuse, or where staff have concerns that a colleague or superior is responsible for the abuse, staff must follow the Whistleblowing Policy. The Public Interest Disclosure Act (1998) protects workers from detrimental treatment or victimisation from their employer if they blow the whistle on wrongdoing, such as the abuse of customers. Staff who whistle blow can remain anonymous. However, this cannot necessarily be guaranteed if it results in a criminal investigation. Please see the Whistle Blowing Policy for more information.
Allegations against staff/volunteers
If any allegation is made or suspicions emerge regarding any member of staff/volunteer of the organisation, this should be reported to the Designated Safeguarding Lead. The concern must also be reported to the staff member’s line manager, who should take advice from the Safeguarding lead and HR.
All allegations made against staff/volunteer must be reported to via local social care routes for allegations against staff/volunteers within 24 hours.
If an allegation concerns the Designated Safeguarding Lead, the report should be made to the CEO.
If an allegation concerns the CEO, the report should be made to the Designated Safeguarding Lead on the Macular Society’s Trustee Board.
Safer recruitment
Safe recruitment is central to the safeguarding of children and adults. All organisations which employ staff or volunteers to work with children and/or vulnerable adults have a duty to safeguard and promote their welfare. This includes ensuring that the organisation adopts safe recruitment and selection procedures which prevent unsuitable persons from gaining access to children and/or vulnerable adults. All staff who are involved with recruitment must receive Safer Recruitment training.
Information provided by applicants and referees will be scrutinised where applicable by:
- Taking up and satisfactorily resolving any discrepancies or anomalies
- At least two references being taken for successful candidates; references are followed up and verified.
- All interview panel member with up to date safer recruitment training.
- Making an application for a Disclosure and Barring Service, with or without barring list check.
- Conducting an overseas criminal record check (where appropriate)
Conducting a prohibition order check (where appropriate).
Appendix 1 - Case Management Team
The Case Management Team can be ‘standing committees’ who meet regularly or can be brought together as the need arises. Depending on the safeguarding case and specifically for cases directly involving staff or volunteers they could comprise of a Senior Trustee Member, CEO, HR, the appropriate Director and Safeguarding Leads and where necessary could be Co-opted independent safeguarding expertise (e.g. from another charity or relevant profession such as the police or social services), they will have the knowledge and experience of safeguarding adults within the organisation.
Case Management Team - Terms of Reference
The Macular Society has a responsibility to safeguard, protect and promote the welfare of adults in accordance with “The CARE Act 2014”.
The Case Management Team is responsible for ensuring that all allegations, incidents or referrals related to the safeguarding of adults both internal and externally are dealt with fairly and equitably within appropriate timescales. This includes criminal records disclosure information being considered and decided on a consistent and equitable basis.
In particular and without limiting that responsibility, the Case Management Group shall:
- Inform the appropriate statutory agency (the police and/or the Local Adult Authority) where a report is made relating to concerns about suspected or actual abuse of an adult, and to comply with any directions or requirements they may make regarding the case.
- Give direction where appropriate to the Designated Safeguarding Lead as to the level of cases - as high risk, medium risk or low risk.
- Give direction where appropriate as to the level at which a case is to be managed.
- Determine where appropriate which cases the Case Management Group need to be directly involved with and advising on what level of investigation should be undertaken.
- Analyse any reports commissioned and determine whether any further actions are required.
- Make initial decisions regarding risk from the information received and determine how such risks are to be managed.
- Monitor and review the progress on all cases and identify any trends emerging, which may require a review of current policies and procedures.
- Consider medium and low risk cases and decide whether to issue any conditions regarding changes to policy and procedures.
- The Case Management Team should consider any criminal records disclosure information, which contain “non-conviction information”.
- Advise generally on matters of safeguarding policy, strategy and procedure, and to approve appropriate protocols.
- Advise on referrals of individuals to the Disclosure and Barring Service, AccessNI or Disclosure Scotland.
Case Management Team roles include:
- to ratify any actions already taken by the Designated Safeguarding Lead.
- to initially assess and agree immediate response to a safeguarding case (does there appear to be a case to answer?).
- to identify appropriate ‘route’ for case (e.g. internal/ disciplinary action alone or referral to statutory agencies plus internal/ disciplinary action).
- to decide the level (from local to national) at which the organisation will deal with the concern.
- to consider the need for temporary/ interim suspension order.
- to review progress of case(s).
- to identify/ communicate learning from cases.
Appendix 2 - The principles of adult safeguarding in each region
Wales (Social Services and Well Being Act 2014)
The Act’s principles are:
- Responsibility - Safeguarding is everyone’s responsibility.
- Well-being - Any actions taken must safeguard the person’s well-being.
- Person-centred approach - Understand what outcomes the adult wishes to achieve and what matters to them.
- Voice and control - Expect people to know what is best for them and support them to be involved in decision making about their lives.
- Language - Make an active offer of use of the Welsh language and use professional interpreters where other languages are needed.
- Prevention - It is better to take action before harm occurs.
Scotland (Adult Support and Protection Act 2007)
The Act’s principles are:
The overarching principle underlying Part 1 of the Act is that any intervention in an individual's affairs should provide benefit to the individual and should be the least restrictive option of those that are available which will meet the purpose of the intervention.
This is supported by a set of guiding principles which, together with the overarching principle, must be taken account of when performing functions under Part 1 of the Act. These are:
- The wishes and feelings of the adult at risk (past and present);
- The views of other significant individuals, such as the adult's nearest relative; their primary carer, guardian, or attorney; or any other person with an interest in the adult's well-being or property;
- The importance of the adult taking an active part in the performance of the function under the Act;
- Providing the adult with the relevant information and support to enable them to participate as fully as possible;
- The importance of ensuring that the adult is not treated less favorably than another adult in a comparable situation; and
- The adult's abilities, background and characteristics (including their age, sex, sexual orientation, gender, religious persuasion, racial origin, ethnic group and cultural and linguistic heritage).
Northern Ireland (Adult Safeguarding Prevention and Protection in Partnership 2015)
The Act’s principles are:
- A rights-based approach – To promote and respect an adult’s right to be safe and secure; to freedom from harm and coercion; to equality of treatment; to the protection of the law; to privacy; to confidentiality; and freedom from discrimination.
- An empowering approach – To empower adults to make informed choices about their lives, to maximise their opportunities to participate in wider society, to keep themselves safe and free from harm and enabled to manage their own decisions in respect of exposure to risk.
- A person-centred approach – To promote and facilitate full participation of adults in all decisions affecting their lives taking full account of their views, wishes and feelings and, where appropriate, the views of others who have an interest safety and well-being.
- A consent-driven approach – To make a presumption that the adult has the ability to give or withhold consent; to make informed choices; to help inform choice through the provision of information, and the identification of options and alternatives; to have particular regard to the needs of individuals who require support with communication, advocacy or who lack the capacity to consent; and intervening in the life of an adult against his or her wishes only in particular circ*mstances, for very specific purposes and always in accordance with the law.
- A collaborative approach – To acknowledge that adult safeguarding will be most effective when it has the full support of the wider public and of safeguarding partners across the statutory, voluntary, community, independent and faith sectors working together and is delivered in a way where roles, responsibilities and lines of accountability are clearly defined and understood. Working in partnership and a person-centred approach will work hand-in-hand.
England (Care Act 2014)
The Act’s principles are:
- Empowerment - People being supported and encouraged to make their own decisions and informed consent.
- Prevention – It is better to take action before harm occurs.
- Proportionality – The least intrusive response appropriate to the risk presented.
- Protection – Support and representation for those in greatest need.
- Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
- Accountability – Accountability and transparency in delivering safeguarding.
Approved by: Macular Society Trustees
Date: June 2024
Review: June 2026