Policy Statement 

The Adult Support and Protection (Scotland) Act 2007 is a law that helps protect vulnerable adults from harm or neglect. It outlines how authorities can intervene to safeguard adults who may be at risk.

The Adult Support and Protection (Scotland) Act 2007 serves as a crucial framework for ensuring the safety and well-being of our clients. At Selah Homecare Agency, we take pride in our services, providing care at home and housing support for our clients. This legislation emphasizes our responsibility to recognize signs of vulnerability among those we serve and take prompt action to address any concerns of harm or neglect. It underscores the importance of our duty to cooperate with authorities and provide necessary support to protect the rights and dignity of our clients. At Selah Homecare we are committed to upholding the principles of this Act, prioritising the safety and well-being of all individuals under our care.

Adult Protection is a critical aspect of our Agency, we are committed to safeguard and protect adults who may be vulnerable to harm or neglect. The Adult Support and Protection (Scotland) Act 2007 serves as our legal framework for ensuring the well-being of adults who are unable to safeguard themselves due to various factors such as age, illness, disability, or other vulnerabilities.

1. Purpose of Policy

The purpose of this policy is to set out what actions are required of staffs when dealing with adult protection and to ensure effective links are made into our clientele’s Adult Protection Procedures.

2. Introduction 

2.1      The protection of adults at risk of harm is not an option but a responsibility across agencies.  The expectation for all “at risk” adults in our communities is that they are empowered, through support from all the public services including social work services, police, health, housing and care organisations to be free from any preventable harm or exploitation. They are enabled to make their own choices about their lives and to live as independently as their personal circumstances may permit. 

2.2      This policy is to support and protect anyone who receives our service. We are committed to the protection of adults at risk of harm, and the safeguarding and promoting of the interests and well-being of such adults is of paramount concern.

2.3      Our organization strives to ensure, to the best of its ability, that service users are protected from any form of harm while using our services. If harm is detected, it will be reported immediately to facilitate investigation by the appropriate statutory agencies.

2.4      Our organization undertakes to protect the adults we work with from exploitative relationships. In circumstances where an adult is found to be at risk, we will liaise with the appropriate Social Work Services to ensure that the individual continues to receive services deemed appropriate.

2.5     Staff will be alerted to the possibility that they may become aware of adults requiring support and protection who are not service users, such as relatives, friends, or visitors. In all cases, staff will report their concerns using the designated reporting procedures, as detailed in Section B.

 2.6   The organization recognizes that the protection of adults at risk of harm takes precedence over all other operating principles and supersedes the principle of confidentiality.

3. Factors That May Indicate Harmful Behavior Towards an Adult at Risk

3.1     These can include one or a combination of the following actions.  The following indicators must, however, be used only as a guide: 

3.2     Harm can be a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an adult. It can take the form of physical, sexual, emotional, psychological or domestic abuse, acts of neglect or omission, financial and material abuse and the withholding of information. 

3.3     Harm can occur in any setting: when an adult lives alone or with a relative; within nursing home, residential home, supported living or day care settings; in hospitals, custodial situations, support services in people’s own homes and other places previously assumed safe, or in public places.

3.4     In some instances, the perpetrator of harm might also be at risk themselves, such as a resident who frequently becomes inebriated and causes fear among other residents or staff members. In such cases, all parties involved can be considered potentially at risk. However, the person exhibiting harmful behavior may also be treated as an adult at risk.

3.5    When the perpetrator of Harm is a member of staff, there is an expectation that an internal investigation will not take precedence over reporting concerns to enable an investigation by Social Work Services and/or the police.

4.      Types of Harm

4.1    Physical Abuse – Involves actual or attempted injury to an adult identified as at risk. For example:

          Physical assault by punching, pushing, slapping, tying down, giving food or medication forcibly, or denial of medication

• Use of medication other than as prescribed
• Poor application or manual handling techniques
• Inappropriate restraint.

4.2    Emotional/Psychological Abuse – resulting in mental distress to the adult at risk.  For example:

• Excessive shouting, bullying, humiliation
• Manipulation of, or the prevention of access to, services that would be of benefit to the adult
• Isolation or sensory deprivation
• Threatening to cause physical harm
• Denying privacy
• Denigration of culture or religion

4.3    Financial or Material Abuse – exploitation of resources and property belonging to the adult at risk.  For example:

• Theft or fraud
• Misuse of money, property or resources without the informed consent of the adult at risk.

4.4     Sexual Abuse – activity of a sexual nature where the adult at risk cannot or does not give consent.  For example:

• Incest
• Rape
• Acts of gross indecency
• Inappropriate touching or verbal or physical sexual harassment.

4.5    Neglect and acts of omission by others charged with the care of the adult, including ignoring medical or physical care needs.  For example:

• Failure to provide access to appropriate health, social care or educational services
• Withholding of the necessities of life such as nutrition, appropriate heating, etc.

4.6     Exploitation – the deliberate targeting of vulnerable adults for personal benefit.

4.7     Discriminatory Harm – for example, treating one service user less favorably than another.

4.8     Information Harm – deliberately giving erroneous information or withholding information.

4.9     Human rights Harm– for example deprivation of a right to family life or to a fair hearing.

4.10   Multiple Forms of Harm – This may occur in an ongoing relationship or service setting or to more than one person at a time.  It is important therefore to look not only at a single incident, but to also consider the underlying dynamics and patterns of harm.

4.11   Random Violence- An attack by a stranger on an adult defined as at risk is an assault; this is a criminal matter and should be reported to the Police. However, where there is the possibility that the violence may be part of a pattern of victimization in a community or neighborhood, local authority Adult Protection procedures may also apply in respect of effective multi-agency intervention.

4.12 Domestic Violence- Police Scotland define domestic violence as “any form of physical, non-physical or sexual abuse which takes place within the context of a close relationship committed either in the home or elsewhere”.  In most cases this relationship will be between partners (married, cohabitating or otherwise) or ex-partners. 

The similarity between the above acts of harm in relation to adult protection is recognized. However, the key factor in activating adult protection procedures in such situations is that the victim (or suspected victim) must be an adult at risk of harm as defined in the Act.

5. Training

5.1     As an allegation of Harm can come to the notice of any member of staff at any time, all staff members will receive training in Adult Protection Procedures, either as part of an initial induction, or as part of an ongoing training program.

5.2     Employees will be made aware of the existence of the Adult Protection Policy and Procedure, and their responsibilities in relation to the Adult Protection process:

• Through the provision of training
• By issuing a copy of the policy to all new staff members
• By publicizing the existence of the policy at strategic points of office/service locations.

5.3    Staff can always access this policy at the office and our client Homes.

6.      Confidentiality

6.1    There is a clear requirement across agencies to cooperate in the protection of adults at risk of harm. Selah Home Care will ensure that appropriate mechanisms are in place for staff to report any concerns to the Home Care Manager, Helen Omotowa, Social Work Services, and/or the police, as appropriate in the circumstances. Selah Care at Home will also ensure that mechanisms are established for ongoing involvement and assistance, in consultation with the relevant statutory agencies, to support effective risk management and continued support for the service user.

6.2   To ensure appropriate protective measures are implemented, it is recognized that confidential information may need to be shared with other workers, managers, and agencies on a “need-to-know” basis.

6.3    Selah Home Care has a duty to work with clients and their families to report concerns about an adult believed to be at risk of harm, as defined in the Adult Support and Protection (Scotland) Act 2007.

6.4     When an adult is at risk of harm, this will always override any professional or organizational requirement to keep information confidential, subject to the provisions of the Data Protection Act 1998. It is the responsibility of those employed by or involved with Selah Home Care to take appropriate action to ensure that the adult at risk is protected from harm and that the suspected harm is reported immediately.

7     Principles of Reporting and Information Sharing

7.1     The protection of adults at risk of harm takes precedence over all other operating principles and supersedes the principle of confidentiality. Any concerns that Selah Home Care staff may have regarding the safety and well-being of an adult at risk of harm should be brought to the attention of the Home Care Managers (Helen Omotowa) immediately.

7.2    While it is recognized that a service user’s privacy must be always protected, in situations where Harm is suspected, there must be open communication between participating agencies throughout the investigation. Under no circumstances will information about an adult be withheld from Social Work Services because the holder believes it might compromise a third party. If a staff member receives information relating to adult Harm “in confidence,” they must clarify that any information concerning adult or child at Harm must be passed on to Social Work Services and/or the police for investigation. 

7.3    In all cases of suspected adult Harm, it must be recognized that children involved in the situation might also be at risk and that Child Protection Procedures might have to be invoked.

7.4    If the adult is profoundly deaf and requires the services of a sign language interpreter or communication support worker, one should be appointed to work with the adult. This should be arranged in consultation between all relevant agencies including Selah Home Care and Social Work as appropriate. Other forms of assistance to communication should be used if the adult cannot communicate verbally.

7.5    If the adult does not have English as a first language and requires the services of an interpreter, an interpreter from the Interpreting Service should be appointed to work with the adult. This should be arranged in consultation between the relevant agencies, Selah Home Care and Social Work as appropriate.

7.6    Using a member of the adult family as an interpreter or communication support worker should be avoided.

8     Named Person

8.1   Selah home Care acknowledges that having a specific staff member designated as a named person/position for adult protection is good practice. The Director, Helen Omotowa (No: +447876034569, email: omotowah@yahoo.co.uk) will be in-charge within the organization who possesses the necessary knowledge and expertise to address any concerns that arise.

8.2   Selah Home Care recognizes that appointing Helen Omotowa (No: +447876034569, email: omotowah@yahoo.co.uk) ensures all allegations of Harm are reported to a central point, allowing for a consistent response and maintaining an overview of reports from staff. This ensures that concerns can be passed on quickly and appropriately. 

8.3     Helen Omotowa will monitor issues and detect trends as these occur.

8.4     In the event that Helen Omotowa is not available, the senior worker will stand in.  

1. SELAH HOME CARE ADULT PROTECTION PROCEDURE

1. Introduction

1.1    This procedure details the action staff should take on suspecting harm or poor practice to ensure the welfare and safety of adults at risk of harm.

2.      Responsibilities of Selah Home Care staff

2.1   Any report indicating that an adult may be at risk of harm, including anonymous referrals, should be taken seriously. All cases should be considered with an open mind. In every instance, the information provided must be reported immediately to the Home Care Manager (Helen Omotowa) and if the Selah Home Care Manager is not available, the senior worker or deputy will step in.

2.2    If you become aware that an adult may be at risk of harm, or if a service user directly informs you that they are being or have been harmed, be mindful that the adult may feel vulnerable or upset when disclosing this information.

2.3    Staff should be supportive and reassure the adult by listening carefully, but do not ask unnecessary questions. It is not your role to investigate.

3.    Reporting 

3.1    Staff should inform the adult at risk that the information will be passed on to the Home Care Manager, Helen Omotowa, and to Social Work Services for further investigation.

3.2    When you feel it is appropriate to leave the service user who is disclosing the Harm, the information given by the service user should be passed on immediately to the Home Care manager Helen Omotowa.

3.3    Where you are concerned for the immediate safety and well-being of an individual, contact emergency services i.e. Ambulance and Police immediately. Do not delay. You can contact the Selah Home Care Manager (Helen Omotowa) once you are satisfied that the person is safe.

3.4    If you suspect that a criminal act has been committed, for example in cases of physical or sexual abuse, you should contact the Police immediately and steps should be taken to preserve evidence. You can then contact Selah Home Care Manager (Helen Omotowa).

3.5    If the Selah Home Care Manager is not available on the day that the Harm is detected, you must contact Social Work Services at the appropriate office to report the concerns.

3.6    If you are unhappy with the response from Selah Home Care Manager you should contact Social Work Services at the appropriate office and outline your concerns and the basis for them.

NOTE: You should follow the above procedure for all instances of suspected Harm, for example    where you become aware of:

• • Harm by someone from within the community (family or friend)

• Harm by a member of staff.

Contact the Relevant Authorities: Depending on the severity of the concern, Selah Homecare may need to report the concern to external agencies such as the local social work department or the police. This can be done by contacting the appropriate authorities directly on this below line: 

Social Work Office (08007316969) 

Adult Support Protection (01414510866)

Police (0800555111) 

Care Inspectorate (03456009527)

4.      Recording

4.1    Write down the nature of the concern and anything the person may have told you using, as far as possible, the words used by the person. Remember to sign and date the notes taken. This information will form the basis of the referral and will also be required if there is an investigation.

4.2    This information will be kept securely stored in the locked cabinet.  The Home Care Manager (Helen Omotowa) will determine who this information can be shared with, will maintain an overview of reports from staff, monitor issues and detect trends as these occur.

5.    Responsibilities of Home Care Manager [Helen Omotowa]

5.1   Referral: The Home Care Manager [Helen Omotowa] will telephone the relevant Social Work Services location and give details of the alleged abuse. In accordance with the Multi Agency Adult Protection Procedures, the information should be followed up in writing within 24 hours.

5.2    Where information is given to the Home Care Manager out of hours, it must be passed to the Social Work Services Standby Service.

5.3    Where there is a Harm the Home Care Manager, [Helen Omotowa] will contact Social Work Services and/or the police, making a note of the following:

          The date and time that contact was made. Where contact cannot immediately be made, the reason for this must be recorded. Details of all unsuccessful attempts to make contact must also be recorded.

• Name, address and full details of those contacted.
• Details of who should be contacted for future follow-up/agreed further action.

5.4    In all cases of suspected adult Harm, it must be recognized that children involved in the situation might also be at risk and Child Protection Procedures might have to be invoked.

5.5 The Home Care Manager [Helen Omotowa] will complete a notification to the Care Inspectorate in relation to the alleged Harm. 

5.6    If the allegation is against Selah home care staff, the Manager/Helen will also complete a notification to the Care Inspectorate.

6. 6.    Allegations Involving Staff

6.1    If you have observed Selah Home Care staff acting in a way that causes concern, you should contact the Home Care Manager, Helen Omotowa, outlining your concerns and the basis for them. The service user’s concerns will be taken seriously, and appropriate inquiries will be made. Following this, a decision will be made on the appropriate course of action.

6.2    If your concerns are about the Selah Home Care Manager [Helen Omotowa] then you should raise your concerns through our complaint procedure. You can also contact Social Workers directly to pass on your concerns and seek further advice.

6.3 In situations where the alleged abuser is a Selah Home Care staff member, the police and    Social Work Services will be informed, and they will conduct their investigation. Selah Home Care’s disciplinary procedures will also be followed.

7       Frequent Complaints without Foundation

7.1    A situation where a service user makes frequent complaints alleging Harm, which after full investigation are found to be vexatious, cannot be ignored.  In such cases it is good practice to always follow the above reporting procedures. The allegation must be reported to the Selah home care manager as well as the agency manager.  The pattern of allegations must be reviewed regularly in case Harm is taking place. It is also a good practice to suggest two members of staff are always present when attending to the care of such a Service User.

8. Follow Up 

8.1    Once they have received a referral, it is the duty of Social Work Services to make enquiries and to investigate matters of concern in relation to the protection of an adult deemed to be at risk of harm as defined by the legislation.  Where it is alleged that a crime has been committed against the adult, investigation is likely to be progressed jointly in consultation with the Police.

8.2    The investigating officers may need to speak to the staff member from whom the concerns originated.  Managers and staff of Selah home care will co-operate fully with any Police or Social Work Services enquiries.

8.3    The Home Care Manager [Helen Omotowa] will take advice from the investigating officers about any staff involved who may be formally charged with alleged Harm.

9.    Supporting the Adult at Risk of Harm

9.1   It is important that all employees and those directly involved with the adult at risk of harm act in a facilitating and supportive manner. Staff should avoid being judgmental and should not introduce personal or third-party experiences of harm. Every effort should be made to enable the adult to express their wishes and make decisions to the best of their ability, where appropriate. However, within a duty of care, the primary concern is the protection of the adult from harm.

10. Responsibility

10.1   All individuals covered by this policy are required to be familiar with its terms.

10.2 Maintenance, regular review and updating of this policy is conducted and agreed by the director.  Revision, amendments and alterations to the policy can only be implemented following consideration and approval by the director who is also Helen Omotowa.

USEFUL TELEPHONE NUMBERS

Emergency Services:                            999

NHS 24:                                                 08454242424

Police Scotland Non-Emergency:         101      

Care Inspectorate:                                 01316534100       

Edinburgh Social Care Direct:               01312002324

East Lothian Social Work Services:      08456031576

Midlothian Social Work Services:          01312713900

Edinburgh East and Midlothian 

Social Work Services out of hours:       08007316969

West Lothian Social Work Services:      01506281028

Scottish Borders Council Social

Work Services:                                       03001001800

Scottish Borders Council Social 

Work Services out of hours:                   01896752111

Adult Support and Protection Policy – Detailed Flowchart