Safeguarding Protocol
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Safeguarding Protocol Document Owner John Fogarty Author John Fogarty Approval Date xxxx Review Date xxxx 1 Contents Glossary ........................................................................................................................... 3 1. Background .............................................................................................................. 4 2. What is Safeguarding? ............................................................................................. 5 3. Where is this Protocol Applicable? ......................................................................... 6 4. Children & Young People ......................................................................................... 6 4.1 Abuse and Risks ................................................................................................... 6 4.2 Legal Framework .................................................................................................. 6 5. Adults at Risk ........................................................................................................... 7 5.1 Abuse and Risks ................................................................................................... 7 5.2 Legal Framework .................................................................................................. 7 5.3 Values ......................................................................................................................... 8 6. General Principles Affecting Both Groups ............................................................. 9 6.1 LCRCA Roles and Responsibilities ..................................................................... 9 6.1.1 LCRCA Attendance at External Events .......................................................... 11 6.2 LCRCA’s Commitment to Safeguarding ............................................................ 11 6.3 Information & Advice ......................................................................................... 12 6.4 Confidentiality & Information Sharing.................................................................... 13 6.5 Record Retention ................................................................................................ 13 6.6 Safe Recruitment (DBS Checks) ........................................................................ 14 6.7 Allegations against LCRCA Employees ............................................................ 15 6.8 Reporting Incidents ............................................................................................ 15 7. General Duties of Employees ................................................................................ 15 7.1 Expectations on LCRCA Employees and Agents ............................................. 15 7.2 Employee Conduct ............................................................................................. 17 7.3 Website/Online Safety ........................................................................................ 17 8. Consequences of Non-Compliance ...................................................................... 18 9. Appendices ............................................................................................................. 19 APPENDIX A - Types of Abuse and Physical/Behavioural Indicators of Abuse ....... 19 APPENDIX B – Outline of Safeguarding Reporting Pathway ...................................... 23 APPENDIX C – SAFEGUARDING REPORT FORMS .................................................... 24 APPENDIX D – Employee Reporting Procedure .......................................................... 30 APPENDIX E - Useful Contacts ..................................................................................... 32 2 Glossary Adult at risk - A person aged 18 or over who is in need of care and support, regardless of whether they are receiving them, and because of those needs are unable to protect themselves against abuse or neglect. Adult safeguarding - Protecting a person‟s right to live in safety, free from abuse and neglect. Advocacy – Support for people who have difficultly expressing their concerns and the outcomes they want during the safeguarding process. Best interest – The Mental Capacity Act 2005 states that if a person lacks mental capacity to make a particular decision then whoever is making that decision or taking any action on that person‟s behalf must do so in the person‟s best interest. Concern - Describes when there is or might be an incident of abuse or neglect. Enquiry - An enquiry is the action taken or instigated by the Local Authority in response to a concern that abuse or neglect may be taking place. The purpose of the enquiry is to establish whether or not the local authority or another organisation, or person needs to do something to stop or prevent the abuse or neglect. Equality Act 2010 – Protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws making the law easier to understand and strengthening protection in some situations. General Data Protection Regulations 2018 – These regulations govern how and why personal data is processed and are intended to strengthen and unify data protection. Article 9(h) in particular allows the processing of special categories of personal data necessary to provide health and social care. Independent Mental Capacity Advocate (IMCA) - Established by the Mental Capacity Act 2005. IMCAs are mainly instructed to represent people who lack mental capacity when there is no-one outside of services, such as a family member or a friend, who can represent them. IMCAs are a legal safeguard who will help people make important decisions about where they live, serious medical treatment options, care reviews, or adult safeguarding concerns. Making Safeguarding Personal – This refers to person-centred and outcome- focused practice. It is about empowering individuals to express what is important to them by whatever means appropriate. Practitioners must demonstrate through their practice that they have carefully listened to the individual and those important to them and how they want matters to progress. Outcomes of interventions should be meaningful to the person at the centre of the enquiry and reflect their original wishes wherever practicable. Person/organisation alleged to have caused harm - The person/organisation suspected to be the source of risk to an adult at risk, child or young person. 3 Person in position of trust – When a person holds a position of authority and uses that position to his or her advantage to commit a crime or to intentionally abuse or neglect someone who is vulnerable and unable to protect him or herself. Safeguarding Adults Board (SAB) – Each local authority must have a SAB to assure itself that local safeguarding arrangements and partners act to help and protect adults at risk. SABs will oversee and lead adult safeguarding and will be interested in all matters that contribute to the prevention of abuse and neglect. Safeguarding Adults Review (SAR) – Undertaken when an individual with care and support needs dies or suffers unnecessarily as a result of abuse or neglect and there is a concern that the local authority or a partner organisation could have done more to protect them. 1. Background With the introduction of the Care Act 2014, adult safeguarding was given a statutory footing. All local authority areas were now obliged to: Establish and lead on a multi-agency safeguarding system that seeks to prevent abuse and neglect and stop it quickly when it found to be happening; Make enquiries, or request others to make them when they consider an adult with care and support needs may be at risk of abuse or neglect and they need to find out what actions may be needed; Establish a Safeguarding Adults Board with the local authority, NHS and police as core members and develop share and implement a joint safeguarding strategy; Carry out a Safeguarding Adults Review (SAR) when someone with care and support needs dies as a result of neglect or abuse or suffers harm and there is a concern that the local authority or its partners could have done more to protect them; and Arrange for an independent advocate to represent and support someone who is subject of a safeguarding of a safeguarding enquiry or review, if required. The Liverpool City Region Combined Authority (LCRCA) recognises the vision of the Care Act 2014 and the Children Act 1989, that safeguarding vulnerable groups is vital and is the responsibility of all agencies. Whilst the LCRCA is not subject to the same statutory duties under these Acts as its constituent local authorities, it nonetheless acknowledges that it has a responsibility to promote the wellbeing and safety of all people it comes into contact with in the exercise of all of its devolved functions. In particular the LCRCA is committed to practices that protect children, young people and adults at risk from harm and recognises its duty to ensure that appropriate action is taken where someone is, or is suspected of, either experiencing harm or at risk of harm. 4 All employees of Merseytravel are to be interpreted as LCRCA employees for the purposes of this protocol. The purpose of this protocol is to: Ensure the safety and wellbeing of children and adults at risk who access services provided by the LCRCA; Provide assurance that the LCRCA takes reasonable steps to manage risk and keep these vulnerable groups safe; Ensure all employees and agents of the LCRCA understand their roles and