DOCSLIB.ORG

Adult Safeguarding Legislation and Policy Rapid Realist Literature Review

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Adult Safeguarding Legislation and Policy Rapid Realist Literature Review ADULT SAFEGUARDING LEGISLATION AND POLICY RAPID REALIST LITERATURE REVIEW Adult Safeguarding Legislation and Policy Rapid Realist Literature Review Commissioned by the HSE National Safeguarding Office and Trigraph Limited (May 2017) Authors: Dr Sarah Donnelly, Principal Investigator, School of Social Policy, Social Work and Social Justice, UCD Dr Marita O’Brien, Independent Researcher and Health Policy Analyst Ms Judy Walsh, School of Social Policy, Social Work and Social Justice, UCD Ms Joanne Mc Inerney, Research Assistant Prof Jim Campbell, School of Social Policy, Social Work and Social Justice, UCD Dr Naonori Kodate, School of Social Policy, Social Work and Social Justice, UCD 1 Acknowledgements The research team wishes to thank the following people for their invaluable contribution to the literature review process: Dr Lorna Montgomery, Lecturer in Social Work, Queens University Belfast Kevin Myles, Department of Health, Safeguarding Unit, Northern Ireland Lisa Trueman, Department of Health Safeguarding Unit, Northern Ireland Kathyrn Mackay, Lecturer in Social Work, University of Stirling, Scotland Dr Fiona Sherwood-Johnston, Lecturer in Social Work, University of Stirling, Scotland Professor Lynn Mc Donald, Factor-Inwentash Faculty of Social Work, Scientific Director, National Initiative for the Care of the Elderly (NICE),Toronto, Canada Laura Tamblyn Watts, Senior Fellow and Staff Lawyer, Canadian Centre for Elder Law Krista James, National Director of the Canadian Centre for Elder Law Professor Marie Beaulieu, School of Social Work, University of Sherbrooke, Canada Dr John Chesterman, Director of Strategy, Office of the Public Advocate, Victoria, Australia Dr Maureen Lyons, Research Manager, School of Social Policy, Social Work and Social Justice, UCD 2 List of Tables Table 1 Definition of Adult at Risk 38 Table 2 Table of Legislation 89 Table 3 Overview of Adult Safeguarding Models in England 106 Table 4 Key Findings MSP 137 List of Figures Figure 1 West of Scotland Response Process 96 Figure 2 Kent and Midway Response Framework 102 Figure 3 England's Information and Sharing Stage 104 Figure 4 Decision-Making Tree 105 Figure 5 Adult Safeguarding Structure 110 Figure 6 Safeguarding Continuum 111 Figure 7 Harm 112 Figure 8 Vancouver Response 120 Figure 9 NSW Response 125 3 Table of Contents Acknowledgements ................................................................................................ 2 List of Tables ........................................................................................................... 3 List of Figures ......................................................................................................... 3 Table of Contents .................................................................................................... 4 1.0 Background and Methodology ................................................................... 8 1.1 Background ................................................................................................ 8 1.2 Methodological Approach to Literature Review ........................................ 10 1.3 Search for and selection of evidence ....................................................... 13 1.3.1 Literature Review Search Terms ...................................................... 13 1.3.2 Data Analysis .................................................................................... 14 1.3.3 Limitations of the Review .................................................................. 14 2.0 Research Question One ............................................................................ 16 What are the contrasting definitions of adult safeguarding? .................................... 16 2.1 Introduction .................................................................................................... 16 2.2 SCOTLAND ................................................................................................... 18 2.2.1 Abuse versus harm ........................................................................... 19 2.2.2 Vulnerability ...................................................................................... 20 2.3 ENGLAND ..................................................................................................... 21 2.3.1 Abuse versus harm ........................................................................... 24 2.3.2 Vulnerability ...................................................................................... 25 2.4 NORTHERN IRELAND .................................................................................. 25 2.4.1 Adult at Risk of Harm ........................................................................ 28 2.4.2 Abuse versus harm ............................................................................ 29 2.4.3 Vulnerability ....................................................................................... 29 2.5 CANADA ....................................................................................................... 30 2.5.1 Types of abuse ................................................................................. 33 2.5.2 Defining those in need of protection.................................................. 34 2.5.3 Vulnerability ...................................................................................... 35 2.6 AUSTRALIA .................................................................................................. 35 5.6.1 Types of abuse ................................................................................. 36 2.6.2 Abuse versus Harm .......................................................................... 37 2.6.3 Vulnerability ...................................................................................... 37 2.6.4 Summary table of Definitions ............................................................ 38 2.7 Conclusion ..................................................................................................... 39 3.0 Research Question Two ............................................................................ 42 What legislation has been introduced in the countries concerned and what has been learning has been gained from Serious Case Reviews carried out in that jurisdiction?' .................................................................................................................................... 4 3.1 Introduction ................................................................................................... 42 3.2 Adult Safeguarding Legislation ...................................................................... 42 3.3 SCOTLAND ................................................................................................... 43 3.3.1 Fundamental principles ....................................................................... 45 3.3.2 Key definitions .................................................................................... 45 3.3.3 Key powers and duties........................................................................ 46 3.4 ENGLAND ..................................................................................................... 48 3.4.1 Fundamental principles .................................................................... 51 3.4.2 Key definitions .................................................................................. 53 3.4.3 Key powers and duties ..................................................................... 53 3.5 CANADA ....................................................................................................... 56 3.5.1 British Columbia ................................................................................ 60 3.5.1.1 Fundamental principles .................................................................. 61 3.5.1.2 Key definitions ................................................................................ 61 3.5.1.3 Key powers and duties ................................................................... 62 3.5.2 Nova Scotia ....................................................................................... 65 3.5.2.1 Fundamental principles .................................................................. 66 3.5.2.2 Key definitions ................................................................................ 67 3.5.2.3 Key powers and duties ................................................................... 68 3.6 AUSTRALIA .................................................................................................. 70 3.6.1 Victoria .................................................................................................. 72 3.6.2 Key Issues ............................................................................................ 76 3.6.2.1 Fundamental Principles .................................................................... 76 3.6.4.2 Accountability and transparency in delivering safeguarding .............. 77 3.6.4.3 Salience of Human Rights ................................................................ 81 3.6.4.4. Mandatory Reporting or Permissive Reporting and Mandatory Response Models ............................................................................................ 83 3.6.4.5 Serious Case Reviews ...................................................................... 85 4.0 Research Question Three .............................................................................. 92 What are the different organisational models of adult safeguarding? ........................
Load more

Recommended publications
  • A Regulatory Framework for Adult Safeguarding
    ISSUES PAPER A Regulatory Framework for Adult Safeguarding (LRC IP 18 – 2019) Issues Paper A Regulatory Framework for Adult Safeguarding (LRC IP 18 - 2019) © Law Reform Commission 2019 Styne House, Upper Hatch Street, Dublin 2, D02 DY27 T. + 353 1 637 7600 F. + 353 1 637 7601 E. [email protected] http://www.lawreform.ie ISSN 1393-3140 ISSUES PAPER: A REGULATORY FRAMEWORK FOR ADULT SAFEGUARDING About the Law Reform Commission The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission’s principal role is to keep the law under review and to make proposals for reform, in particular, by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 200 documents (Working Papers, Consultation Papers, Issues Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have contributed in a significant way to the development and enactment of reforming legislation. The Commission’s role is carried out primarily under a Programme of Law Reform. The Fifth Programme of Law Reform was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in March 2019 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission’s Access to Legislation work makes legislation in its current state (as amended rather than as enacted) more easily accessible to the public in three main outputs: the Legislation Directory, Revised Acts and the Classified List.
    [Show full text]
  • Every Child Matters Child Every
    Every child matters Published by TSO (The Stationery Office) and available from: Online www.tso.co.uk/bookshop Mail,Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries 0870 600 5522 Order through the Parliamentary Hotline Lo-call 0845 7 023474 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone 0870 240 3701 TSO Shops 123 Kingsway, London,WC2B 6PQ 020 7242 6393 Fax 020 7242 6394 68–69 Bull Street, Birmingham B4 6AD 0121 236 9696 Fax 0121 236 9699 9–21 Princess Street, Manchester M60 8AS 0161 834 7201 Fax 0161 833 0634 16 Arthur Street, Belfast BT1 4GD 028 9023 8451 Fax 028 9023 5401 18–19 High Street, Cardiff CF10 1PT 029 2039 5548 Fax 029 2038 4347 71 Lothian Road, Edinburgh EH3 9AZ 0870 606 5566 Fax 0870 606 5588 TSO Accredited Agents (see Yellow Pages) and through good booksellers Every child matters Every child matters Presented to Parliament by the Chief Secretary to the Treasury by Command of Her Majesty September 2003 Cm 5860 £22.00 © Crown Copyright 2003 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ.
    [Show full text]
  • Every Child Matters
    House of Commons Education and Skills Committee Every Child Matters Ninth Report of Session 2004–05 Volume I Report, together with formal minutes Ordered by The House of Commons to be printed 23 March 2005 HC 40–I Published on 5 April 2005 by authority of the House of Commons London: The Stationery Office Limited £14.50 The Education and Skills Committee The Education and Skills Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Department for Education and Skills and its associated public bodies. Current membership Mr Barry Sheerman MP (Labour, Huddersfield) (Chairman) Mr David Chaytor MP (Labour, Bury North) Valerie Davey MP (Labour, Bristol West) Jeff Ennis MP (Labour, Barnsley East & Mexborough) Mr Nick Gibb MP (Conservative, Bognor Regis & Littlehampton) Mr John Greenway MP (Conservative, Ryedale) Paul Holmes MP (Liberal Democrat, Chesterfield) Helen Jones MP (Labour, Warrington North) Mr Kerry Pollard MP (Labour, St Albans) Jonathan Shaw MP (Labour, Chatham and Aylesford) Mr Andrew Turner MP (Conservative, Isle of Wight) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at: www.parliament.uk/parliamentary_committees/education_and_skills_committee.cfm Committee staff The current staff of the Committee are David Lloyd (Clerk), Dr Sue Griffiths (Second Clerk), Libby Aston (Committee Specialist), Nerys Roberts (Committee Specialist), Lisa Wrobel (Committee Assistant), Susan Monaghan (Committee Assistant), Catherine Jackson (Secretary) and John Kittle (Senior Office Clerk).
    [Show full text]
  • Safeguarding Young People: Responding to Young People Aged 11 to 17 Who Are Maltreated
    Report Safeguarding Young People: Responding to young people aged 11 to 17 who are maltreated 2010 Rees, G. Gorin, S. Jobe, A. Stein, M. Medforth, R. Goswami, H. The Children’s Society Charity Registration No. 221124 | NSPCC Charity Registration Numbers 216401 and SC037717 A better childhood. For every child. www.childrenssociety.org.uk Safeguarding Young People: Responding to young people aged 11 to 17 who are maltreated Gwyther Rees, Sarah Gorin, Alison Jobe, Mike Stein, Ros Medforth and Haridhan Goswami The Children’s Society is a leading children’s charity committed to making childhood better for all children in the UK. We take action to prevent, rescue and support children facing violence, neglect, poverty and discrimination in their daily lives. We give children the hope and confidence they need to face the future with optimism. We never turn away. 2 Acknowledgements First and foremost we would like to thank all the young people who generously took part in the research. We are particularly grateful to them for allowing us to share sensitive details about their lives and experiences. We would like to thank all the organisations which agreed to participate in this research project, including the local authorities, police forces, youth offending teams, schools and voluntary sector organisations in the 12 participating local areas, and representatives from national organisations. We would also like to thank the individual professionals within these organisations who contributed their views and experiences to the research. We are grateful to the Advisory Group who provided advice and support throughout the project. We would like to acknowledge the contributions of the following members of current and former members of staff who worked on the study: Jasmine Clayden (University of York); Ben Fitton, Fiona Mitchell, Anita Franklin and Deborah Bowness (The Children’s Society); Silvie Bovarnick and Jill Roberts (NSPCC); and staff at The Children’s Society and the NSPCC who provided support during the project.
    [Show full text]
  • National Action Plan to Tackle Child Abuse Linked to Faith Or Belief
    National action plan to tackle child abuse linked to faith or belief The National Working Gr oup on Chi ld Abuse Linked to Faith or Belief National action plan to tackle child abuse linked to faith or belief Contents 1. Introduction Page 2 2. National Action Plan a. Engaging Communities Page 9 b. Empowering Practitioners Page 19 c. Supporting Victims and Witnesses Page 27 d. Communicating Key Messages Page 30 3. Working Group Members Page 32 4. Key Messages: abuse linked to faith or belief Page 33 5. Useful Resources Page 34 1 National action plan to tackle child abuse linked to faith or belief Introduction 1. This action plan is intended to help raise awareness of the issue of child abuse linked to faith or belief and to encourage practical steps to be taken to prevent such abuse. It has been developed through partnership on the National Working Group between central government and local statutory partners, faith leaders, voluntary sector organisations and the Metropolitan Police. 2. Our top priority is the protection of children and young people. This plan makes absolutely clear the importance of identifying children who are suffering or are likely to suffer harm and of taking action to keep those children safe. We are clear that this is not about challenging people’s beliefs, but where these beliefs lead to abuse that should not be tolerated. Who is the action plan designed for? If you are a child or young person, we hope this plan will reinforce the importance of staying safe and being resilient when you are faced with people who might try to harm you because of their belief in magic or the supernatural.
    [Show full text]
  • Taking Care of All - Policy & Guidelines
    Taking11 care of all www.presbyterianireland.org/takingcare Presbyterian Church in Ireland Taking Care Two Presbyterian Church in Ireland Taking Care Two 11. TAKING CARE OF ALL - POLICY & GUIDELINES Christ calls us to love, care for and value everyone. This gospel imperative of loving our neighbour as ourselves leads us to respect all as individuals, treating each with dignity and empowering them to reach their full potential. The Presbyterian Church in Ireland seeks to reflect Christ’s compassion for everyone and to safeguard all those who come into contact with the mission and ministries of the Church, by preventing harm and protecting those at risk. :: 11.1 INTRODUCTION The Presbyterian Church in Ireland has 539 congregations with around 250,000 people attending worship and a range of other activities. Our Child Protection Guidelines were adopted by the General Assembly in 1996 and were further developed on the launch of Taking Care and establishment of a Taking Care Office in 2006. Every congregation has a named designated person for child protection and adheres to the stated guidelines as laid down by the General Assembly. This Policy and Guidelines, together with our well-established Taking Care Programme, will ensure that we reduce the risk of harm, abuse or exploitation for all within the Church. The Presbyterian Church has a zero-tolerance approach to all forms of harm, abuse and exploitation. As a Church we have a duty to protect all who are members or participate in the life and work of our church community. Harm, abuse or exploitation can happen anywhere, even in churches.
    [Show full text]
  • Working Together to Safeguard Children 2018
    Working Together to Safeguard Children A guide to inter-agency working to safeguard and promote the welfare of children July 2018 Contents Contents 2 Introduction 6 About this guidance 7 What is the status of this guidance? 7 Who is this guidance for? 9 A child centred approach to safeguarding 9 A co-ordinated approach – safeguarding is everyone’s responsibility 11 Chapter 1: Assessing need and providing help 13 Early help 13 Identifying children and families who would benefit from early help 13 Effective assessment of the need for early help 15 Provision of effective early help services 16 Accessing help and services 16 Referral 17 Information sharing 18 Statutory requirements for children in need 22 Homelessness Duty 23 Assessment of disabled children and their carers 24 Assessment of young carers 24 Assessment of children in secure youth establishments 24 Assessment of risk outside the home 25 Purpose of assessment 26 Local protocols for assessment 26 The principles and parameters of a good assessment 27 Assessment Framework 30 Focusing on the needs and views of the child 30 Developing a clear analysis 31 Focusing on outcomes 32 Timeliness 33 2 Processes for managing individual cases 34 Flow chart 1: Action taken when a child is referred to local authority children’s social care services 35 Flow chart 2: Immediate protection 37 Assessment of a child under the Children Act 1989 38 Flow chart 3: Action taken for an assessment of a child under the Children Act 1989 40 Strategy discussion 41 Flow chart 4: Action following a strategy discussion
    [Show full text]
  • Safeguarding Our Children: an Action Guide
    Safeguarding Our Children: An Action Guide Implementing Early Warning, Timely Response Organizations Supporting This Guide American Academy of Child and Adolescent Psychiatry National Mental Health Association American Academy of Pediatrics National Middle School Association American Association of School Administrators National Parent Network on Disabilities American Counseling Association National PTA American Federation of Teachers National School Boards Association American Psychiatric Association National School Public Relations Association American Psychological Association School Social Work Association of America American School Counselor Association U.S. Department of Education Council of Administrators of Special Education Richard W. Riley, Secretary Council for Exceptional Children Office of Special Education and Rehabilitative Services Council of the Great City Schools Office of Special Education Programs Federation of Families for Children’s Mental Health Research to Practice Division Louis C. Danielson, Director National Alliance of Pupil Services Organizations Office of Elementary and Secondary Education National Association of Elementary School Principals Safe and Drug-Free Schools Program National Association of School Nurses William Modzeleski, Director National Association of School Psychologists U.S. Department of Justice National Association of Secondary School Principals Janet Reno, Attorney General National Association of Social Workers Office of Juvenile Justice and Delinquency Prevention National Education Association John C. Wilson, Acting Administrator April 2000 This guide was produced by the Center for Effective Collaboration and Practice of the American Institutes for Research, and the National Associ- ation for School Psychologists under a cooperative agreement with the U.S. Department of Education, Office of Special Education and Rehabili- tative Services, Office of Special Education Programs (Grant # H327T60005), under the Individuals with Disabilities Education Act (IDEA).
    [Show full text]
  • Safeguarding and Mental Health
    Mental Health and Physical Activity Toolkit Guide 9: Safeguarding and mental health Created in partnership with About this guide We’ve produced this guide to upskill sport, physical activity and mental health providers on how to include adult safeguarding elements in their activities and make them safe for people experiencing mental health problems. Who is this guide for? Anyone working or volunteering in sport, physical activity and/or mental health. What does this guide cover? Click on the headings below to go straight to the information you’re looking for. 04 An overview of safeguarding 06 Adults at risk 09 Adults at risk from themselves (Risk management) 11 Boundaries 15 Confidentiality – when and how to break it 18 Support available 24 Frequently Asked Questions 28 Appendices 2 About this guide The language we use This guide focuses mainly on adults (over-18s). For support on safeguarding children and young people we recommend visiting the Child Protection in Sport Unit’s website. In this guide we use the following terms: • Young people – to represent anyone under the age of 18. • Organisation – to represent any club, association or charity within the sport, physical activity and mental health sectors. • People/person – to represent participant(s) and member(s). Someone in urgent need of help If someone needs urgent help due to their mental health, for example if you think they might attempt suicide or self-harm or have seriously harmed themselves, you can support them by: • If they are not safe by themselves right now – stay with them and help them call 999 for an ambulance, if you feel able to do so.
    [Show full text]
  • Effective Interventions for Complex Families Where There Are Concerns About, Or Evidence Of, a Child Suffering Significant Harm
    Safeguarding: Briefing 1 November 2009 Effective interventions for complex families where there are concerns about, or evidence of, a child suffering significant harm June Thoburn and members of the Making Research Count Consortium ‘It is essential that front-line Key messages staff receive appropriate • There is a growing body of evidence that teenagers who training in assessment are exposed to neglectful parenting are both less likely to skills and are aware of be referred and less likely to refer themselves to a child the importance of asking protection service. • Many parents, as well as children and young people who focused questions around suffer from neglect and maltreatment, mistrust formal the issues that may services. This puts children and young people at risk of contribute to maltreatment’ further significant harm. It is therefore necessary that parents and children feel that they are not stigmatised when seeking help and that they retain an appropriate degree of control over subsequent stages of the support and protection process. • Gaining the cooperation of complex families requires services to be dependable and professional. This includes providing assistance that is educative, supportive and timely from the start. Safeguarding: Briefing 1 • Complex cases are likely to require a long-term relationship with the children’s social services. Open discussion about the nature of this relationship over time and about short-term and long-term types of support can promote this engagement. • Apart from the consistent conclusion about the centrality of the professional relationship, no one service approach or method has yet been robustly evaluated as effective with complex families where there is evidence of maltreatment, or where maltreatment is likely unless effective services are provided.
    [Show full text]
  • UK Youth Safeguarding Policy & Procedures Child Protection And
    UK Youth Safeguarding Policy & Procedures Child Protection and the Protection of Adults at Risk Revised May 2019 UK Youth Safeguarding policy & procedure Ver 16 May 19 Contents 1. Introduction ................................................................................................... 2 2. Policy………………….. ..................................................................................... 2 3. Responsibilities .............................................................................................. 3 3.1. Chief Executive and Leadership ………………...…………………………….3 3.2. Line Managers …………………………………………………………………..4 3.3. All Trustees, staff, apprentices, volunteers, freelancers and consultants ...4 4. Procedures ..................................................................................................... 5 4.1. Recruitment of Employees, Volunteers, Trustees and Consultants ……….5 4.2. Work with Children and Young People……………………………………….5 4.2.1. Guidance for safer working practice ………………………………….5 4.2.2. Good practice to protect against allegations of abuse …………….7 4.2.3. Photography and Interviews …………………………………………..7 4.2.4. Off-site and Residential Events ………………………………………..8 4.2.5. Signs and Types of Abuse ……………………………………………..8 4.2.6. Suspicions/Reports of Abuse ………………………………………….9 4.2.7 Radicalisation and extremism………………………………………….11 4.2.8 Staff Guidance Flow Diagram ......................................................... 13 4.3. Safeguarding Officer – Reporting Procedure Flow Diagrams ................ 14 5. Working in Scotland
    [Show full text]
  • Protecting the Rights of Children and Adults at Risk of Abuse
    Protecting the rights of children and adults at risk of abuse A guide to Child Protection and Adult Safeguarding for Faith Based Establishments 1 Acknowledgements Faith Associates would like to thank the West Midlands partners for their review of its content The guide ‘Protecting the Rights of Children and and in particular the Birmingham LADO Service. Adults at Risk of Abuse’ is a much-awaited This guide does not seek to re-invent the wheel safeguarding toolkit. It is specifically designed but rather to build upon aspects of the good to meet the needs of faith-based institutions practice that has already been established in who have consistently requested advice and this sector. Extracts from the following sources guidance in relation to their safeguarding have been included and are referenced: - arrangements. The initiative follows a practice review conducted by the Birmingham City CP Procedures, Walsall Safeguarding Children Board, 2014 Council LADO Service in 2012. The small-scale research project to evaluate statutory responses Working Together to Safeguard Children, HM Government, 2015 to allegations in Faith Based Establishments was completed by Micho. H. Moyo, as part of the A Handbook for Madrassah Management and Safeguarding, Faith Associates, 2013 IRiS' Practitioner-Research Program, an initiative led by the University of Birmingham to Prevent and Safeguarding Guidance, Supporting Individuals Vulnerable to Violent Extremism, bring together policymakers, practitioners and Association of Chief Police Officers (ACPO), 2010 academics to work on innovative research Safeguarding Children in Places of Worship Good relating to different aspects of Superdiversity. Practice Guidance, Endorsed by London Borough of Barking and Dagenham Local Safeguarding Children Board, April 2007 To produce this guide, Faith Associates have paid particular attention to developments in The Prevent Strategy and the Channel Programme in FE Colleges, Camden statutory and safeguarding legislation up until April 2015.
    [Show full text]