Safeguarding Policy - Adults at Risk

Date of publication: January 2024

Contents

• What is the goal of the policy?
• Who and what does the policy impact?
• How does the policy comply with the law and other requirements?
• Supporting policies or procedures
• EDI statement
• Policy statement
• Policy content - definitions
• Roles and responsibilities
• Compliance
• Review
• Accessibility

Safeguarding is everyone’s responsibility.

Dacorum Borough Council (DBC) is committed to working in partnership to create a borough which enables the communities of Dacorum to thrive and prosper. We want our residents, the people we work with and provide services to, to live their lives free from harm, exploitation and abuse and to support them to live in an environment where they can realise their full potential.

Our council recognises the key role it plays within the borough, working alongside other agencies, to ensure the wellbeing of residents. We will be proactive and inclusive in encouraging and supporting local public services and partner agencies in safeguarding our children and our adults at risk.

DBC supports Hertfordshire Safeguarding Adults Board (HSAB) multi-agency policy, procedure and practice guidance to safeguard adults at risk. This is a commitment which meets the full requirements of Hertfordshire County Council (HCC) who are the lead safeguarding authority in Hertfordshire.

This policy applies to all employees, members, volunteers, agency staff, work placements, contracted and grant funded organisations delivering services on behalf of the council. It should be read in conjunction with the safeguarding procedures. This also covers the safe working practices which should be followed where these individuals come into contact with adults at risk. This is of particular importance to those working in and around the areas below:

Front line staff who conduct home visits in connection with their role such as:

• Tenancy management officers
• Supporting housing officers
• Tenancy enforcement and ASB officers
• Tenancy/welfare sustainment officers
• Private sector housing officers
• Homeless prevention and temporary accommodation officers
• Environmental and community protection officers
• Revenue and Benefits officers
• School talks and events
• Work experience placements
• Community engagement including working with youth councils, diversionary activities and events
• Visits to any home for inspections. This will include all visits eg: Planning, housing repairs, and grant applications
• Volunteers training and knowledge as required
• Parks and grounds maintenance
• Planning and assisting in VIP visits

This list is indicative only, and there may be other occasions when particular importance should be paid to safe working practices.

Commissioned, contracted or grant funded organisations will be expected to have policies and procedures in place commensurate with the level of contact and involvement with children and adults at risk.

As a minimum, any organisation receiving funding from the Council, will be expected to have a statement of policy and procedure regarding safeguarding in place. This needs to be understood by employees and volunteers and available to service users. Commissioned, contracted or grant funded organisations with minimal contact with adults at risk may wish to adopt the Council’s template policy.

The Care Act 2014 requires a local authority to set up a safeguarding adult board. In our county this is Hertfordshire Safeguarding Adults Board (HSAB), all organisations working with adults at risk are required to have policies and processes in place to safeguard and promote the welfare of adults at risk.

The Care Act 2014 (S42) requires local authorities to make enquiries or to ask others to make enquiries, where they reasonably suspect that an adult in their area with care and support needs is at risk of abuse or neglect and is unable to protect his/her/themselves.

Mental Capacity Act 2005 (MCA)

DBC staff will work on the basis that an adult at risk has capacity unless demonstrated otherwise. Assumptions should not be made about a person’s capacity, for example someone with dementia should not automatically be assumed to lack capacity and adults should freely determine their own lives and make their own decisions, even if some of these decisions may appear to others to be unwise. A person who misuses substances or alcohol may lack capacity whilst under the influence but have capacity when they are not under the influence of substances or alcohol. Denying people the right to self-determination may in itself be abusive. More detailed guidance about MCA can be found in the safeguarding procedures.

Safeguarding Procedures

Mental Capacity Act

DBC staff will work on the basis that an adult at risk has capacity unless demonstrated otherwise. Assumptions should not be made about a person’s capacity, for example someone with dementia should not automatically be assumed to lack capacity and adults should freely determine their own lives and make their own decisions, even if some of these decisions may appear to others to be unwise.

A person who misuses substances or alcohol may lack capacity whilst under the influence but have capacity when they are not under the influence of substances or alcohol.  Denying people the right to self-determination may in itself be abusive.

Housing

In addition to these obligations the Housing Act 1996 as amended by the Homelessness Act 2002 sets out requirements in duties around homelessness decisions involving families with adults at risk.

Disclosure and Barring Service Checks

Enhanced Disclosure and Barring Service (DBS) check are necessary for certain employees. This includes employees engaged in regulated activity, or regular unsupervised contact with adults at risk such as supported housing officers. All posts are reviewed regularly. A list of the relevant posts is maintained and reviewed by Human Resources and, where necessary, the application of a DBS check forms part of the safe recruitment process.

Employee Handbook

It is a requirement of the Licensing of Hackney Carriages and for Personal Licenses that an enhanced DBS check forms part the application process. Details regarding this are contained within the relevant licensing policies and contain a range of safeguarding measures.

Contracted, commissioned and grant funded organisations will need to undertake any checks commensurate with the level of their involvement with adults at risk and have their own safe recruitment procedures.

Information Sharing

Effective information sharing underpins integrated working and is a vital element of both early intervention and safeguarding. We will comply with current and relevant legislation at all times when processing information about adults at risk. This includes (but not limited to) the Data Protection Act 2018 and the UK General Data Protection Regulations.

• Whistle Blowing Policy
• Domestic Abuse Policy for Employees
• Domestic Abuse Policy Residents, Tenants, Leaseholders and Members
•   Template Safeguarding Policy 2024 (PDF 99KB)
• Multi Agency Risk Assessment Conference (MARAC)

The Council is committed to promoting equality of opportunity. The Council has procedures in place to ensure that all individuals are treated fairly and without unlawful discrimination.

We will ensure that this policy is applied fairly and consistently to all our customers. We will not directly or indirectly discriminate against any person or group of people because of their race, religion, age, gender, marital status, sexual orientation, disability or any other grounds set out in our Equality Diversity and Inclusion policy. When applying this policy, we will act sensitively towards the diverse needs of individuals and communities. When applying this policy, we will take the necessary positive action to reduce discrimination and harassment in local communities

Dacorum Borough Council is committed to safeguarding adults at risk and protecting them from abuse, this supports the strategic priorities of a clean, safe and enjoyable environment and building strong and vibrant communities.

We will endeavour to respond to all reports promptly and appropriately. We will act in the best interest of the adult at risk and we will proactively seek to promote the welfare and the protection of all adults in the community at all times.

DBC will be vigilant in preventing unsuitable people working with adults at risk, through its safe recruitment procedures. We will take any concern reported by a member, employee, volunteer grant funded or contracted service provider, or adult at risk seriously and deal with it sensitively.

This is a safeguarding policy, we recognise that there are a wide spectrum of concerns impacting adults which, in the broadest sense, could be described as safeguarding. The policy applies to the statutory definitions of safeguarding for adults at risk. We will guide our staff to recognise and use the necessary referral pathways so that those in need of safeguarding receive the appropriate level of support. Where concerns arise that fall outside of the statutory definition of safeguarding, we will encourage and guide our staff to work in partnership to identify appropriate support to address the concerns raised.

This policy applies to all employees, members, volunteers, agency staff, work placements, contracted and grant funded organisations delivering services on behalf of the council.

An adult at risk is defined as any person aged 18 or above, who has care and support needs and is experiencing, or is at risk of, abuse or neglect and, as a result of those needs, is unable to protect themselves against the abuse or neglect or risk of it.  

Within adult safeguarding the abuse referred to is:

• Physical - for example punching, kicking, slapping, misuse of medication, pushing, forcible feeding or withdrawing food
• Sexual and sexual exploitation - for example, sexual assaults, inappropriate touching, taking sexual photographs without consent, forcing someone to watch pornography
• Psychological or emotional - for example intimidation, humiliation or bullying, enforcing isolation, preventing expression of choice including religious or cultural needs
• Financial or material - for example theft, fraud/scamming, rogue trading, exploitation of money or assets, misuse of power of attorney
• Domestic Abuse including psychological abuse or coercive control, physical, sexual, financial, emotional abuse; so called honour-based violence
• Modern slavery - for example forced labour, domestic servitude, sexual exploitation, human trafficking
• Discriminatory - for example, failing to treat a person equally on the grounds of their protected characteristics
• Organisational or institutional - for example, failure to provide sufficient staff, poor quality care, allowing any other form of abuse to take place
• Neglect and acts of omission - for example, failing to prescribe medication, failure to provide food, shelter, clothing, heating, personal care, failure to ensure privacy or dignity
• Self-neglect - for example, lack of self-care, failure to seek help or access services to meet needs, unwillingness to manage personal affairs

Members, employees, volunteers and grant funded or contracted service providers’ is used to refer to all Dacorum Borough Councillors, employees and people working on behalf of DBC either paid or in voluntary capacity.

The phrase ‘contracted service provider’ used subsequently in this document will refer to those organisations that have appropriately adopted this policy.

How we will do it

Initiate, participate and contribute to partnership meetings where there are concerns for the safety or wellbeing of adults at risk. Share information both internally and externally within the scope of relevant legislation to allow decisions to be made to reduce risks for adults.

Maintain safe working practice at all times to minimise risks to adults at risk that come into contact with members, employees, volunteers and grand funded and contracted service providers.

Ensure that training appropriate to the level of involvement with adults at risk is available for members, employees and volunteers and where appropriate contracted service providers.

Embed designated safeguarding officers and champions across the council.

Develop and implement effective procedures for recognising, responding, recording and referring any allegations or suspicions of abuse to Hertfordshire County Council’s portal for adults at risk.

Support county and national initiatives to promote the safeguarding of adults at risk.

Hertfordshire County Council is the lead authority in the county for safeguarding adults at risk. The county council has responsibility for deciding where cases meet the threshold of the Care Act 2014, section 42. Dacorum Borough Council will support the lead authority in meeting the responsibilities set out in the Care Act 2014 to promote wellbeing in any function and/or service that involves care and support of adults and to meet identified needs. Local authority statutory adult safeguarding duties apply equally to all adults with care and support needs regardless of whether their needs are being met by the local authority.

Dacorum Borough Council undertakes to achieve this by:-

• Having a senior officer with responsibility for safeguarding adults at risk who is the Head of Safe Communities and is supported by the safeguarding lead officer.
• Having an elected member to champion safeguarding – Dacorum Borough Council’s champion is the portfolio holder for Housing Operations and Safe Communities.
• To have across the whole organisation, designated safeguarding officers and designated safeguarding champions through which there is a structure to deal with safeguarding issues.
• Safeguarding information prominently accessible on the intranet site Dennis. Domestic Abuse and Safeguarding
• All corporate, community and team plans are to ensure that safeguarding is a key priority.
• A clear policy on safeguarding adults at risk exists and is supported by procedures.
• Having a clear statement on information sharing with partners with regard to safeguarding.
• Have an appropriate programme of training for all staff relevant to role and a full record of training undertaken should be maintained.
  
• Safe recruitment procedures/guidance in place for the recruitment of all staff.
• A whistle blowing policy in place which is available to staff who are aware of it.
• Records relating to adults at risk are stored in a safe and secure place and only named persons have access to these files.
• Each service area responsible for contracting work externally on behalf of the Council ensures that via the service level agreements or contract that safeguarding processes are in place.

It is not always easy to recognise a situation where abuse may occur or has already taken place even for those experienced in working within safeguarding. Dacorum Borough Council acknowledges its members, employees, volunteers, grant funded and contracted services are not experts at such recognition.

The Care Act guidance enshrines the six principles of safeguarding:

• 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.

Dacorum Borough Council commits to the principles of Making Safeguarding Personal, which is about person centred and outcome focused practice. Hertfordshire Safeguarding Adults Board - Guidance and Procedures (HSAB)

The procedures that accompany this policy contain more detailed information about the recognition of certain types of abuse, the pathways to follow and the links to relevant guidance.

Dacorum Borough Council has Designated Safeguarding Officers supported by the Safeguarding Lead who will support and advise council employees about possible safeguarding issues for adults at risk.

All allegations of abuse will be centrally recorded and the named officers above will be responsible for collating and monitoring referrals and reporting these to the Housing Community and Overview Scrutiny Committee.

DBC staff will sign a declaration Staff declaration demonstrating that they have read the policy and procedures and accept the principles therein.

The current version of this policy will be held on the Council’s intranet (SharePoint) alongside supporting information, such as procedure guidance or impact assessments. Policies and strategies are continually monitored, and reviewed at appropriate intervals.

You can find external policies on the Council’s website. If a policy has been updated or reviewed, these changes will be shown in the website copy. Internal policies are stored on the Council’s intranet (SharePoint) alongside supporting information.

This policy will be reviewed for legislative updates and practice developments annually with a full review every three years.

Our aim is to make our services easy to use and accessible for everyone.

We will take steps to make any reasonable adjustments needed for you to contact us, access our policies, or any requests to provide responses in other formats.

• Depending on the individual’s needs, these might include:
• Using larger print, or a specific colour contrast
• Giving more time than usual to provide information or comments on a complaint
• Using the telephone rather than written communication
• Communicating with a person through their representative or advocate
• Arranging a single point of contact

• Having an ‘easy read’ version of the document

If you would like to contact us about reasonable adjustments or alternative formats, please email edi@dacorum.gov.uk or call us on 01442 228000.

If you prefer to write to us, send your letter to: Equality, Diversity and Inclusion Team, Dacorum Borough Council, The Forum, Marlowes, Hemel Hempstead, Hertfordshire HP1 1DN.

You can find information on our Advocacy support page.