No secrets - GOV.UK

1 no secrets :Guidance on developing and implementingmulti-agency policies and procedures to protectvulnerable adults from abuseForewordThere can be no secrets and no hiding place when it comes toexposing the abuse of vulnerable adults. The Government s WhitePaper, Modernising Social Services , published at the end of 1998,signalled our intention to provide better protection for individualsneeding care and support. This is being taken up through the CareStandards are also committed to providing greater protection to victims andwitnesses, and the Government is actively implementing the measuresproposed in Speaking Up for Justice , the report on the treatment ofvulnerable or intimidated witnesses in the criminal justice system.

2 Thatreport recognised that there were concerns about both the identificationand reporting of crime against vulnerable adults in care settings, andendorsed the proposals made by the Association of Directors of SocialServices, and others, that a national policy should be developed for theprotection of vulnerable adults. It was agreed that local multi-agencycodes of practice would be the best way development of these codes of practice should be co-ordinatedlocally by each local authority social services department. To supportthis process this guidance is being issued under Section 7 of the LocalAuthority Social Services Act 1970.

3 Government departments haveworked closely together on the preparation of this guidance and wecommend it to local authority social services departments, the policeservice, and the health service. It will also be of interest to theindependent sector, as well as users and carers. John HuttonJohn DenhamCharles ClarkeDepartment of HealthDepartment of HealthHome of this who is at risk and in what adults are vulnerable? constitutes abuse ? of may be the abuser? what circumstances may abuse occur? of degree of abuse justifies intervention? up an inter-agency framework of an inter-agency administrative multi-agency management and responsibilities within and between line management management authority officer and chief executive authority member and service from inter-agency elements of for staff and of services and contract for responding in individual objectives of an of and co-ordination of the response to the allegationofadult alleged to be responsible for abuse or poor discipline and criminal from of the message recruitment guidelines for all for users.

4 Carers and the general public paymentsAppendicesIProject Steering Group membershipIIReferences and suggested further readingIIIR elevant statutesContentsThis guidance has been produced by a Steering Group, led byPeterDunn of the Department of Health(DH) Social Care Group, whichincluded representatives from a wide range of of the steering group is given in Appendix I and the DHthanks all those listed for their invaluable contribution. Annette YoungConsultant in the Management of Health and Social Care c k n o w l e d g e m e recent years several serious incidents have demonstrated the need forimmediate action to ensure that vulnerable adults, who are at risk ofabuse, receive protection and support.

5 The Government gives a highpriority to such action and sees local statutory agencies and otherrelevant agencies as important partners in ensuring such action is takenwherever needed. This guidance builds on the Government s respect forhuman rights and results from its firm intention to close a significantgap in the delivery of those rights alongside the coming into force ofthe Human Rights Act aim should be to create a framework for action within which allresponsible agencies work together to ensure a coherent policy for theprotection of vulnerable adults at risk of abuse and a consistent andeffective response to any circumstances giving ground for concern orformal complaints or expressions of anxiety.

6 The agencies primary aimshould be to prevent abuse where possible but, if the preventivestrategy fails, agencies should ensure that robust procedures are in placefor dealing with incidents of abuse . The circumstances in which harmand exploitation occur are known to be extremely diverse, as is themembership of the at-risk group. The challenge has been to identify thenext step forward in responding to this 6 Section guidance is issued in furtherance of the Government s commitmentto develop such policies at national and local level. It is commended toall commissioners and providers of health and social care servicesincluding primary care groups, regulators of such care services andappropriate criminal justice agencies.

7 These statutory agencies shouldwork together in partnership(as advocated in the Health Act 1999) toensure that appropriate policies, procedures and practices are in placeand implemented locally. They should do so in collaboration with allagencies involved in the public, voluntary and private sectors and theyshould also consult service users, their carers and representative groups. authority social services departments should play a co-ordinatingrole in developing the local policies and procedures for the protectionof vulnerable adults from abuse . Social services departments shouldnote that this guidance is issued under Section 7 of the Local AuthoritySocial Services Act 1970, which requires local authorities in their socialservices functions to act under the general guidance of the Secretary ofState.

8 As such, this document does not have the full force of statute, butshould be complied with unless local circumstances indicate exceptionalreasons which justify a document gives guidance to local agencies who have aresponsibility to investigate and take action when a vulnerable adult isbelieved to be suffering abuse . It offers a structure and content for thedevelopment of local inter-agency policies, procedures and jointprotocolswhich will draw on good practice nationally and strategiesshould be developed, in all areas of the country,by all the statutory, voluntary and private agencies that work withvulnerable of this 2 covers issues of 3, 4, 5 and 6 provide guidance about the protection from abuseof vulnerable adults by the creation of a multi-agency administrativeframework (Section 3), the development of inter-agency policies andstrategies (Sections 4 and 5)

9 , and the formulation of inter-agencyoperational procedures designed to implement those policies wheninstances of abuse or suspected abuse come to light (Section 6). Section7 discusses the provision of broader guidance for staff, users, carers andmembers of the developing operational guidance, local agencies shouldrefer to the publications dealing with the abuse of vulnerableadults which appear in Appendix 1 page 7* See also Making decisions a report issued in the light of responses to the consultationon the Law Commission s document (1999). WHO IS AT RISK AND IN WHAT defining abuse for the purpose of both national and local guidance itis important to clarify the following factors:Definitions which adults are vulnerable ?

10 What actions or omissions constitute abuse ? who may be the abuser(s)? in what circumstances may abuse occur? patterns of abuse ; and what degree of abuse justifies intervention? adults are vulnerable?In this guidance adult means a personaged 18 years or broad definition of a vulnerable adult referred to in the 1997 Consultation Paper Who decides?,* issued by the Lord Chancellor sDepartment, is a person: who is or may be in need of community care services by reasonof mental or other disability, age or illness; and page 8 Section 2who is or may be unable to take care of him or herself,orunableto protect him or herself against significant harmorexploitation.