Freedom of Information Request Reference No: I note you seek access to the following information: I write to make a request for recorded information: - The current MPS ‘Safeguarding Vulnerable Adults’ policy and; - Training/manuals for officers/PCSOs/police staff on how to implement the policy I believe that such information is held by the MPS. I understand that a version of a policy is currently publicly available on the Met website at the following link however I am not sure if this policy has been reviewed/superceded: http://www.met.police.uk/foi/pdfs/policies/safeguarding_adults_at_risk_policy.pdf I have not located any other policy.
Decision I have today decided to disclose the requested information to you subject to the redaction of the names of individuals pursuant to Section 40(2) of the Act. Please find attached information pursuant to your request above. Information that is not relevant to your request has also been redacted. The previous MPS Safeguarding Adults at Risk policy and standard operating procedures referred to have been replaced by the attached toolkits and were published for practice by MPS staff on 11/11/2014. The attached documents are currently subject to consultation and end user testing. The attached toolkits provide instruction to staff on the implementation of the policy statement. The term 'Vulnerable adult' is updated by legislation under the Care Act 2014 and for the purposes of this policy referred to as 'adults at risk' or 'adults with care and support needs' where that legislation applies.
Territorial Policing Command
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Vulnerability and Protection of Adults at Risk
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Quick guide to the Vulnerability Assessment Framework
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QUICK GUIDE Vulnerability Assessment Framework (VAF) inc Adults at Risk
Stage 1 - Understand the MPS definition for vulnerability Vulnerability may result from an environmental or individual’s circumstance or behaviour indicating that there may be a risk to that person or another. Those who come to notice of the police as vulnerable will require an appropriate response and should include appropriate multi-agency intervention especially where they come to repeat notice of police. Additional factors to vulnerability may include mental health, disability, age or illness. All MPS personnel that have contact with the public will use the VAF to identify vulnerability in any persons they have contact with. This includes victims, witnesses, suspects or members of the public. The purpose of applying the VAF at the earliest stage is to maximize opportunities for early intervention and to prevent someone from becoming a victim or suspect at a later stage. The VAF must be recorded as a narrative by the reporting officer on the circumstances section on MERLIN reports.
Stage 2 - Carry out the Vulnerability Assessment using the ABCDE tool (see Q&As)
Vulnerability & Protection of Adults at Risk Policy VAF v 1.0
Consider!
Has the subject been identified as being vulnerable using the VAF framework? Are they an Adult at Risk as per Care Act 2014 definition (Care and Support needs)? Have they been subject to current Mental Health legislation or there are concerns regarding their mental health?
Where 3 out of the 5 VAF areas are identified, then a Merlin must be created as a minimum and a safeguarding response documented (also on CRIS if crime is alleged). If there are not 3 areas of concern, but there is cause for concern that this adult is vulnerable, then consideration must be given to the completion of an ACN. On the ACN, the reason for creation should be specified in all cases together with the person’s views regarding any consent for referral. This is a mandatory field in MERLIN.
Stage 3 – Identify whether:
Care Act - If you have concerns that an adult at risk has been or may be subject to abuse or harm complete an ACN - If crime or crime related incident, record on CRIS, flag AA Carer Abuse and/or VA targeted because of vulnerabilities. Inform CSU if case within their remit (see Q&As) or serious abuse/incident. Use this toolkit for investigation and guidance. An adult at risk
Mental ill Health - Complete ACN and follow Mental Health Toolkit. The MPS will record on ACNs full use of current Mental Health legislation e.g. sec136. You can record your opinion but do not make statements that could be interpreted as a diagnosis.
You may need to reference both this Toolkit and the Mental Health Toolkit together for an incident
All vulnerability reports will be overseen by staff within local MASH units. Link here to Mash Resource Guide
For children: If you have identified a child as having vulnerability - use the Safeguarding Children Toolkit. Provide contact details for subject and relevant carers. Indicate why you feel a referral may assist the subject in reducing vulnerability. Record results of IIP check. VAF factors of concern and rationale must be recorded on the circumstance page of MERLIN.
Complete all steps in Toolkit and obtain supervisor review.
Vulnerability & Protection of Adults at Risk Policy VAF v 1.0
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Vulnerability and Protection of Adults at RISK
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Vulnerability and Protection of Adults at RISK - General Q&As TP Capability & Business Support - Public Protection Team
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Vulnerability and Protection of Adults at RISK - General Q&As This toolkit is part of the overarching need to identify vulnerability as a starting point, whether victim, witness, suspect or another member of the public, and the identification of risk, for police to public interaction whether through crime investigation or any other contact What is the MPS definition for vulnerability for all adults? Vulnerability may result from an environmental or individual’s circumstance or behaviour indicating that there may be a risk to that person or another. Those who come to notice of the police as vulnerable will require an appropriate response and should include appropriate multi-agency intervention especially where they come to repeat notice of police.. Additional factors to vulnerability may include mental health, disability, age or illness.
What is the Vulnerability Assessment Framework (VAF)? The VAF is a tool to assist MPS police and staff in identifying vulnerability in members of the public they have contact with. The purpose of applying the VAF at the earliest stage is to maximise opportunities for early intervention to prevent someone becoming a victim or suspect at a later stage.
How do I use the VAF? Access to the VAF tool is via this Toolkit (see Quick Guide) The VAF is a simple assessment tool to help in decision making when considering referring adults to appropriate safeguarding agencies or safeguarding pathways. It outlines five key factors that must be considered when assessing individuals that police have contact with. These are appearance, behaviour, communication/capacity, danger, environment/circumstances. If three or more of these factors give cause for concern, consideration using professional judgment should be given whether an appropriate protective safeguarding pathway is required. Children identified as having vulnerability should be referred as appropriate under the Safeguarding Children Toolkit.
I’m unsure whether I’m dealing with a ‘Vulnerable adult or an ‘Adult at risk’, what’s the difference? Different legislation refers to both and they are essentially interchangeable. The MPS vulnerability definition overarches how we identify and record vulnerability. It is defined in the Care Act 2014 as: An ‘adult' aged 18 years or over who is or may be at risk of abuse or neglect because of their needs for care and support. A vulnerable adult may be a victim, witness, suspect or a member of the public for whom there are concerns. Different legal requirements determine how we treat vulnerable adults.
What are the barriers to investigating and reporting? Adults at risk - may fear detrimental outcomes e.g. being placed in institutional care rather than at home. Adults lacking mental capacity - may be unable to make a decision about how to pursue their safety at a time when it is needed. Agencies (Inc the police) have an obligation to ensure that decisions are made in the best interests of the adult concerned (see Mental Capacity Act 2005 in useful resources) During evidence gathering - do not just rely purely on the opportunity to obtain an account from the vulnerable adult but secure other evidence and information from as many sources as possible to enable a risk assessment to be carried out and maximise opportunities for a successful outcome. Assessing Risk - you have to make a determination of the risk of harm to the person or to another. The views of the adult at risk must be sought and form the basis of the risk assessment. Police officers when acting in the public interest or applying the criminal laws make decisions about a person without their consent. This includes making referrals to adult social care and sharing confidential information. Document your decisions on the Merlin / CRIS etc Power to remove from harm - there is no basis in law for removing an adult to a place of safety unless section 136 MHA 1983 applies. Therefore this can only be carried out with consent, or where the adult lacks capacity in accordance with the Mental Capacity Act 2005 best interest principles. (see Mental Capacity Act 2005 in useful resources) Power to enter premises 17(1) - subject to the following provisions of this section, and without prejudice to any other enactment, a constable [or SOCA designated person] may enter and search any premises for the purpose - of saving life or limb or preventing serious damage to property. Parliament has set the level high as it was a very serious matter for a citizen to have their house entered by the police without a warrant. And therefore saving life and limb requires that there should be a fear that something has happened or may happen which would involve serious injury to a person. Assumptions/Prejudices - do not make judgements as to whether a witness is likely to be accepted as a competent witness by the courts. You should not make assumptions based on the vulnerability of the victim. For example, repeated calls received from an adult placed in a mental health setting who is alleging they have been assaulted by other service users or staff should be visited, despite doubts about their credibility.
Historically adults at risk have been treated as second class citizens through prejudices by society, the justice services, and individuals questioning whether they should be believed in general or could be credible witnesses at court. These prejudices are based on false perceptions as to the effects of the very conditions that make them vulnerable having on their other abilities. Professor Steven Hawking is the most notable example of why these prejudices should be challenged. The purpose of current government and MPS policy is to confer the balance of belief and credibility back to adults at risk through ensuring that those in the position to listen and assist, do so, without prejudice and do not use, the way, an individual’s vulnerability, may make them appear to be less capable, inadvertently against them
When do we create a MERLIN Adult Come to Notice (ACN) report for an Adult at Risk? See Quick guide MPS staff MUST NOT record Vulnerability and Protection of Adults at RISK investigations on other databases.
What guidance is there regarding capacity and competence of Adults at Risk Victims, Witnesses and Suspects? Officers are reminded that a witness is competent if they can understand questions and respond in a way that the court can understand. (S.53 of the Youth Justice & Criminal Evidence Act 1999, (YJCEA'99)). We have a duty under legislation to assist them by the use of a range of Special Measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. CONSIDERATION OF SPECIAL MEASURES SHOULD OCCUR FROM THE ONSET OF AN INVESTIGATION •
Vulnerable Suspects must be treated as per PACE 1984 see Custody Toolkii
Vulnerable Victims Witnesses - Adults • If they have a mental disorder • If they have a learning disability • If they have a physical disability These witnesses are only eligible for special measures if the quality of evidence that is given by them is likely to be diminished by reason of the disorder or disability. Vulnerable witnesses are eligible for the following Special Measures, to enable them to understand questions and be able to respond in a way that the court can understand. Some examples are: Communication aids (S.30 YJCEA'99) - The use of communication aids, such as sign and symbol boards may be needed to overcome physical difficulties with understanding and answering questions, thereby enabling them to be competent. Communication aids can be used in conjunction with an intermediary. Communication through an Intermediary (who are specialists in assessing communication needs and facilitating communication) (S.29 YJCEA)
An Intermediary may enable a witness to understand questions being put to them and to give answers that can be understood thereby making them competent. The intermediary will assess the witness' communication needs and may be able to assist during the planning stage of an interview by providing advice on how questions should be asked. It may be appropriate to intervene during the interview where miscommunication is likely, by asking the interviewer to re-phrase the question or by repeating the witness' answer where they might otherwise be inaudible or unclear. They may go on to assist during the Court process, they will provide a written report to the court explaining any difficulties the witness may have with certain types of questioning to assist those putting questions to the witness. The extent to which the intermediary is used will vary from witness to witness depending on their particular needs. For further details, please see: TP-Criminal Justice Intermediaries http://intranet.aware.mps/tp/criminal_justice/09_joint_prosecution_service/victim+intermediary.htm Achieving Best Evidence in Criminal Proceedings (ABE)-Guidance on interviewing victims and witnesses and guidance on using special measures-Virtual Academy (Interviewing) http://intranet.aware.mps/SC/Crime_Academy/07_Virtual_Crime_Academy/01_Main_Catalogue.htm#I nterviewing
Do we record all ‘Adults at Risk’ that we deal with? No. Adults can and should make health and lifestyle choices. These choices can give increased opportunity for risk of harm to themselves or another. A record should not be completed simply because an adult has a disability, mental health condition, victim of domestic abuse, or the victim of an opportunistic crime. However, you MUST record your reasons for not completing an ACN on the CRIS, either on CAD or in your pocket notebook.
Who do I involve for incidents of Anti-Social Behaviour (ASB)? A key element is the need to develop consistent processes to identify and recognise the potential vulnerability of ASB victims and ensure appropriate levels of support. High-risk vulnerable adult victims of ASB should be discussed and supported in local multi-agency risk management meetings, so that appropriate, coordinated and protective measures can be taken and managed on a local multiagency basis. Risk management will normally be addressed as part of the Pan London Multi Agency Guidance. AIRSPACE tracks incidents of Anti-Social Behaviour, but there MUST also be a MERLIN ACN for those meeting the requirements.
What is the CSU remit? Cases that involve the following:
Those Adults at Risk who experience abuse or have been subject to a crime that has been perpetrated on them by a person in a position of authority Where there is an expectation of trust or where they have been provided with care either in a care setting (e.g. care home, hospital) or in their own home. Or where the crime manager has particular concerns about the risk to or vulnerability of the victim; or the impact of the incident on the community.
An adult at risk may be identified as when they come to notice of police and may require the completion of an Adult ACN Merlin record. The Borough crime manager will make a decision regarding the investigation of an incident that may be deemed as serious abuse or a serious incident. See Q&A’s
What is the ‘expectation of trust’? An 'expectation of trust ' implies reliance upon the integrity of a person involved when carrying out a task entrusted to them. Examples of this may include paid or unpaid carers, personal assistants or a gasman reading the meter. There has to be either a betrayal of trust committed or an abuse of authority for it to be covered by the remit of this policy and procedures. A position of authority includes those who are not providing care but who have contact with an adult at risk because they work or volunteer in a care setting. These people could include a nurse, mini bus drivers, cleaners, managers, maintenance staff and contractors (e.g. the self- employed plumber who attends a supported housing block to fix a broken pipe). Specifically included within this policy is crime committed by one adult at risk on another. However, incidents where adults at risk are exploited to commit crimes should be referred to the crime manager, as there may be complex safeguarding issues.
How can I identify Patterns of Abuse? Patterns of abuse and abusing vary and may include: • • • • • • • • •
Serial abusing in which the abuser seeks out and grooms adults at risk in the same manner as abusers of children do. This may be through personal contact with the adult at risk their carer or by other means of communication such as the internet and mobile telephones. Long-term abuse within a family relationship, such as domestic abuse. Opportunistic abuse such as theft. Abuse that arises because pressures have built up and/or because of challenging or difficult behaviour, for example, carer’s stress. Neglect of an adult at risk needs, because those around them are no longer able to be responsible for their care – this may be because the carer has deteriorating health and social care needs. Institutional abuse. Racist, sexist, ageist and other discriminatory practice. Failure to access appropriate healthcare services such as dentistry, chiropody or pressure sore management. Misuse of benefits and/or use of the adult at risk’s finances
What is Abuse? Abuse is defined, as the violation of an individual’s human and civil rights by any other person or persons. Abuse may consist of single or repeated acts. It may be physical, verbal or psychological, an act of neglect or an omission to act. It may occur when an adult at risk is persuaded to enter into a financial or sexual transaction in which he or she has not consented or does not have the capacity to consent. Defining abuse is complex and can be subject to wide interpretation. It must be emphasized that many instances of abuse equate to serious crimes against society’s most vulnerable individuals and involve intent, recklessness, dishonesty or negligence by the perpetrator.
Some abuse does not necessarily amount to a crime and may be perpetrated as a result of ignorance or poor or unsatisfactory professional practice. This may still require initial police investigation to identify the mens rea (criminal intent) and will always require referral to the local authority in accordance with their safeguarding policy. This will ensure that approaches other than criminal investigation may be considered, for example, disciplinary action, social care or health assessment or action by inspection or regulatory bodies.
What is Serious Abuse? ACPO has defined serious abuse and serious incidents for the purpose of this guidance as: • • • • •
Any sexual offence involving penetration, or where the victim has a mental disorder (as defined by section 1 of the Mental Health Act (MHA) 1983), or the suspect is a care worker or employed in a position of trust, or the allegation is against a registered sex offender. The most serious and violent offences such as sections 20 and 18 of the Offences Against the Persons Act 1861, attempted murder and murder. Gross Negligence offences leading to death or serious long-term injury, illness or disability. Financial abuse where appropriate specialist investigative skills are required. Computer crime where identifiable vulnerable adults are at risk.
What are Serious Incidents? • • • • • • • •
Serious abuse that takes place in an institutional care or NHS setting. Incidents where allegations have been made against a paid worker or volunteer. Incidents involving multiple vulnerable victims and/or suspects. Incidents posing threat to life and limb, for example, arson. Suspicious death of an adult at risk who is the subject of an ongoing adult safeguarding investigation, regardless of which agency is leading the investigation. Historical institutional abuse. High-profile media cases. Safeguarding incidents where a conflict exists between agencies, which remains unresolved and is adversely affecting multi-agency working.
The NHS has its own nationally agreed framework for notifying, managing and learning from serious incidents occurring within NHS settings. This includes the definition of a serious incident (formerly referred to as Serious Untoward Incidents) which differs from the one used in this guidance. This may be of particular relevance to Senior Investigating officers (SIOs) investigating serious crime in healthcare settings.
What is a Care Setting? A 'Care setting' can be anywhere an adult at risk aged 18 years and over is receiving care services or either residing in/attending a place of care (whether regulated or unregulated). The definition is extended to include the victim's own home. Regulated Care Settings Examples of regulated care settings are hospitals, care homes, residential homes for the elderly etc. These are covered by regulatory controls. They employ care workers.
Non-Regulated Care Settings
Examples of non-regulated care settings are supporting people projects, bed and breakfast placements, hostels and day centre services, which are within the definition of a non-regulated care setting.
What is Medical Manslaughter? The term of Medical Manslaughter refers to medically qualified individuals who are performing acts within the terms of their duty of care, when an act or omission occurs. The guidance for incidents where a patient dies within a healthcare setting and where there are allegations that the death is homicide is provided by: Department of Health, ACPO/HSE Investigating patient safety incidents Memorandum of Understanding and also
http://www.england.nhs.uk/wp-content/uploads/2013/03/sif-guide.pdf Why should I consider the Notifiable Occupations Scheme? The Notifiable Occupations Scheme (NOS) contributes to improving public safety through the identification of persons with certain occupations (see Notifiable Occupations Toolkit) who come to police notice and notification to their regulatory body/employer. Notifiable Occupations are paid or voluntary professions that carry special trust or responsibility (e.g. doctors, teachers) in which there is a public interest in disclosing offence-related information that outweighs the normal duty of confidentiality owed to the individual. Individuals who abuse their position by abusing vulnerable people should have their ability to do so in the future curtailed.
When should I consider using Covert Methods? All investigative methods should be considered, including those that are covert. For example, in institutional abuse, cases where the victim does not wish to make a report to the police or any other agency, but officers have serious and justifiable concerns for the victim’s safety and the safety of other adults at risk in the setting. Covert policing techniques should only be contemplated when consideration has been given to all of the circumstances of the case and conventional policing methods have failed or are likely to fail. The priority should always be the protection of adults at risk from abuse. While monitoring the activity recorded by covert methods, officers should ensure that the investigation strategy provides effective intervention measures to prevent harm to the adults at risk. Before covert methods are used, consult to ascertain appropriate techniques and the requisite authority obtained.
What is meant by ‘Disability’? The definition used in most legislation is the Equalities Act 2010 definition of a disability. This being defined as 'Physical or mental impairment which has a substantial and long term adverse effect on an individual's ability to carry out his/her normal day to day activities'. A learning disability includes one or more of the following factors
• • •
A significantly reduced ability to understand new or complex information, to learn new skills (impaired intelligence), with: A reduced ability to cope independently (impaired social functioning); Which started before adulthood, with a lasting effect on development.
What are the concerns for Adults at Risk Officers should be aware of and be able to identify adults at risk of abuse, even when they are dealing with matters that appear to be unrelated. The first priority of any officer attending an adult at risk abuse incident is to protect the victim from any further abuse. The police will take steps to protect all people present from injury or further harm. This includes any witnesses, initial response officers and suspects, especially where the allegations are by one adult at risk against another or other professionals. This may involve identifying a safe place for an adult at risk to reside. It should be noted that unlike for children, there is no basis in law for removing an adult to a place of safety unless section 136 MHA 1983 applies. Therefore, this can only be done with the consent of the adult or, where the adult lacks capacity, in accordance with the MCA best interest principles. If alternative accommodation is required, adult social care must be consulted and they may assist in identifying a respite placement.
What is the role of an Interview Supporter? The report ‘Home Office (1998) Speaking up for Justice’ emphasized the value of social support for vulnerable witnesses at all stages of an investigation and subsequent trial. It is good practice, from the outset, to identify an individual who knows the adult at risk well and so may fulfill a supportive role in looking after the best interests of the adult at risk throughout the investigative process. They are known as an interview supporter. The interview supporter must be a person independent of the police and may be a carer and/or relative, friend, neighbour or a social worker. These individuals can provide an important role in assisting an investigation through their personal knowledge of the adult at risk. In some circumstances, using an interview supporter who is well known to the adult at risk may be counterproductive, as their presence may inhibit the disclosure of information in sensitive cases (for example, sexual abuse). Officers must consider the impact this may have on the welfare of the victim and the investigation, and ask the views of the vulnerable victim or witness before contacting the interview supporter. There are a number of key issues that officers need to be aware of when identifying the most appropriate interview supporter: See ACPO guidance for further information.
What if the act of serious harm is by a member of the family in the home? ‘Domestic Violence, Crime and Victims Act 2004 - Causing death or serious harm to a vulnerable adult’ Section 5 of this Act created an offence of causing or allowing the death of a vulnerable adult, or of a child under the age of 16. This act has been amended and extends the offence of causing or allowing the death of vulnerable adult or a child to causing or allowing serious physical harm, like inflicting brain damage or broken bones. This stand-alone offence imposes a duty upon members of a household to take reasonable steps to protect children or vulnerable adults within the household from the foreseeable risk of serious physical harm from other household members. It is an offence tri-able only on indictment and carries a maximum sentence of 14 years imprisonment or a fine, or both.
Are Vulnerable Adults at risk of Forced Marriage?
Evidence supports the fact that some vulnerable adults have been, or are being, forced into marriage both in the UK and abroad. Some adults with learning disabilities and/or mental health problems may not have the capacity to consent to a marriage. Some may be unable to consent to consummate the marriage. ACPO (2008) Honour Based Violence Strategy states there may be a number of reasons for vulnerable adults being forced into marriage including: • • •
Parents wishing to find a partner for their disabled adult children, who can then care for them as the parents, grow older; Assisting claims for residence and citizenship in the UK; Retaining wealth, property or land within the family.
Refer to Honour Violence/Forced Marriage toolkit for further information
How do get information regarding whether someone has been vetted or barred from working with children or Vulnerable Adults? For referral and barring information and services on or after 1st December 2012, please visit the Disclosure and Barring Service homepage: www.homeoffice.gov.uk/dbs
When might offenders or suspects become adults at risk? Managing Sexual Offenders and Violent Offenders - All Vulnerable Adult suspects and offenders MUST be dealt with in accordance with PACE 1984. Police officers and staff need to be alert to the fact that MAPPA offenders may, at some point in their lives, become vulnerable and require residential or nursing care within a regulated setting. Any potential risk of harm that they continue to pose may need to be managed within that setting to protect other vulnerable adults. See MAPPA Toolkit See Mental Health Toolkit
Can I share all information about an Adult at Risk? Please see the MASH research tool for Adults Information sharing and administration of reports are dealt with by the MASH teams. See ‘Useful Resources’ for more information on: • •
SCIE MULTI Agency London safeguarding Tools guidance SCIE safeguarding adults, Practical guide
Who investigates Adult at Risk abuse allegations against police officers/ staff? The responsibility for investigating adults at risk abuse allegations against police staff rests with the Directorate of Professional Standards (DPS). Allegations regarding the abuse of an adult at risk by a police officer or staff member should be immediately referred by a senior officer within the Public Protection Unit, or unit responsible for coordinating safeguarding activity. The priority of any
investigation is the safety of the adult at risk, and referral to the DPS should not prevent immediate action being taken in order to secure the adult at risk’s safety and wellbeing. An adult at risk who has been abused by a police officer or staff member may be reluctant to be interviewed by anyone representing the organisation. In these circumstances, the local authority safeguarding adult lead must be contacted to establish what support could be offered to obtain an account from the adult at risk. Liaison and effective communication between the DPS, the investigating officer and the local authority is essential to ensure positive outcomes for the adult at risk.
Where can I find out more? • •
See the ‘Useful Resources’ document in the toolkit for a collection of useful resources. See the ‘More Information’ document in the toolkit for further reading.
I have a suggestion, how can I feedback? Practitioner toolkits are a way of developing and sharing best practice. If you have any suggestions, questions, useful documents for the Useful Resources document etc., please contact the Safeguarding Team.
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Vulnerability and Protection of Adults at RISK - Mental Capacity Act 2005 Do officers determine Mental Capacity Act (MCA) 2005 and Risk? Officers responding to safeguarding incidents should not record that an adult lacks mental capacity unless they have received the specialist training to make that judgment. Officers may observe that an adult’s mental Capacity is unclear at a particular time. Where there are safeguarding concerns to be investigated and officers suspect that an adult lacks mental capacity, arrangements should be made for a mental capacity assessment to be carried out. This will normally be undertaken by health or social care staff who have received specialist training for this purpose. The requirement for a mental capacity assessment should be agreed as part of the safeguarding assessment strategy meeting.
What is the Mental Capacity Act 2005? Everyone working with and/or caring for an adult who may lack capacity must comply with the Act. Although the Act is primarily aimed at health professionals and carers, police officers need to be aware of it when they are dealing with someone (over 16) found in an emergency situation who is lacking mental capacity, and whose life may be at risk or may suffer harm if action is not taken.
How do you determine Capacity verses Competency? It is important that assumptions are not made in relation to vulnerability on the basis that an adult may be older or that they have an identified disability. One of the main principles of the MCA is that every adult has the right to make their own decisions and must be assumed to have capacity unless it is proved otherwise.
Why is Identifying, Assessing and Managing Risk complex? The risk of harm in the context of safeguarding adults at risk is complex, partly due to an adult’s right to make choices and decisions about their lives, including those related to risk and their own perceived vulnerability.
What are the responsibilities of all Frontline Staff in responding to incidents? The responsibility of all public facing staff is to ensure immediate safeguarding of adults at risk, and to identify cases that require specialist intervention. In situations where adults at risk choose to live in risky situations, there remains a duty of care by all agencies involved with the adult to take appropriate and proportionate action to minimise the risks involved. The views of the adult at risk should be sought and should form the basis of the risk assessment. Many professional risk takers, for example, doctors and social workers, cannot take risk
decisions affecting adults with capacity, without their consent. Police officers are not similarly limited. When acting in the public interest or applying the criminal law, the police may make decisions about a person without their consent. This includes making referrals to adult social care and sharing confidential information. Local authorities will ultimately be responsible for collating information from a range of agencies to compile a full risk profile. This process will be managed through the multi-agency response. Pan London Multi Agency Guidance has made reference to risk management in the safeguarding policy that outlines the key factors needed to help all agencies assess and manage the risks. Police officers and staff working with adults at risk should ensure that they are familiar with their local authority risk assessment models and how they can effectively contribute towards effective risk decisions.
What offences are there under the Mental Capacity Act? Section 44 of the MCA outlines the criminal offence of the ill-treatment or willful neglect of a person who lacks mental capacity, or who the defendant reasonably believes to lack capacity. This legislation has increased considerably the number of cases that are referred to the police for criminal investigation, especially regarding people who are cared for in regulated residential care and health settings.
What is Deprivation of Liberty Safeguards (DoLS)? Without legal justification, the detention of a person against their will may be unlawful and amount to a deprivation of liberty. The DoLS are designed to protect adults who lack mental capacity, against decisions depriving them of their liberty, by providing a proper legal process and protection in situations where deprivation of liberty is considered to meet the criteria within the key principles of the MCA (best interests and least restrictive option).
Where can I find out more? • • •
See the ‘Useful Resources’ document in the toolkit for a collection of useful resources. See the ‘More Information’ document in the toolkit for further reading. See the CSU Safeguarding Adults website.
I have a suggestion, how can I feedback? Practitioner toolkits are a way of developing and sharing best practice. If you have any suggestions, questions, useful documents for the Useful Resources document etc., please contact the Safeguarding Team.
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Vulnerability and Protection of Adults at RISK - Multi-Agency response Q&As TP Capability and Business Support - Public Protection Team
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Vulnerability and Protection of Adults at RISK - Multi-Agency response Q&A’s Who is responsible for the welfare of ‘Vulnerable Adults’? Responsibility for the coordination of a safeguarding response lies with adult social care, but a duty of care for safeguarding rests with all public services that have contact with the general public. A fundamental role of the Police Service in safeguarding vulnerable adults is the prevention, identification, investigation, risk management and detection of criminal offences. Under the Care Act 2014, the MPS become Statutory Partners and therefore we have a statutory duty to co-operate with our partners and them with us. This responsibility is enshrined in Governments Principles for Protecting and Safeguarding Vulnerable Adults and the Care Act 2014. Principle 1 – Empowerment - prevent and reduce the risk of significant harm to vulnerable adults from abuse or other types of exploitation while supporting individuals to maintain control over their lives. Principle 2 – Protection - Enable a vulnerable adult to make choices without coercion through protection of those who cannot protect themselves. Principle 3 – Prevention - For multi agency partnerships to implement strategies to prevent harm and abuse from occurring or re-occurring. Principle 4 – Proportionality - For the wishes of the individual to be taken into consideration when determining strategies to protect and safeguard to ensure a proportionate response for the individual. Principle 5 – Partnership - For the agencies involved to work in partnership with the individual, family, carers and each other to ensure the best-consented outcome for the individual. Principle 6 – Accountability - For there to be records of interaction between the vulnerable and the agencies tasked to protect and safeguard creating accountability for actions and ownership. For the police this role can be conflicting The wishes of an adult with mental capacity should normally be respected. However, public authorities must act to uphold the human rights of all citizens, and where other vulnerable adults or individuals are at risk that duty will take precedence. Adults lacking mental capacity may be unable to make a decision about how to pursue their safety at a time when it is needed. In such situations agencies
have an obligation to ensure that decisions are made in the best interests of the adult concerned, having regard to the principles of the Mental Capacity Act. Police officers and staff should present a positive and supportive attitude to victims and other individuals reporting the abuse of a vulnerable adult.
What is the Community Risk MARAC meeting? To ensure that in carrying the full range of its policing obligations and responsibilities, the MPS and statutory partners recognise and take appropriate account of all forms of vulnerability. This may relate to victims, witnesses, suspects or any person that officers/staff come into contact with. The Community MARAC is a meeting where information is shared on complex/high risk cases between various stakeholders. Where legislation and information sharing protocols allow, all relevant information is shared about victims, witnesses and perpetrators, the representatives then discuss options for increasing the safety and or wellbeing of the victims, suspects and / or witnesses and if relevant addressing the perpetrator’s behaviour, turning these into a co-coordinated action plan. In some cases there will not be a criminal basis, the individual may have come to police notice and there are concerns that the individual is becoming increasingly vulnerable and would benefit from partnership intervention. The primary focus of the panel is to put a plan into place to safeguard victims, witnesses, and suspects where appropriate to prevent further victimisation or criminal activity. . Therefore it is critical that the Core group is established as a way of ensuring that multi agency communication and exchange of information takes place regularly. Referrals to Community MARAC or other risk management panel must be in line with MPS and local procedures.
What is the role of a Local Authority Safeguarding Adult’s coordinator (SAC)? In some local authorities, a SAC may be known as an Adult Protection Coordinator since it is the local authorities that have the lead, coordinating role for this work. The roles and responsibilities for each SAC vary from local authority to local authority but essentially most Safeguarding leads remit includes: • •
Operational role - provides support to staff in Safeguarding Adults at Risk investigations. This can sometimes mean getting directly involved in chairing strategy meetings and case conferences and/or acting as a practice consultant on cases. Strategic Role - making sure the local Safeguarding Adults at Risk policy and procedures are embedded throughout the statutory, voluntary and private sector in each authority. This includes running training programmes, monitoring referrals, auditing investigations to check on best practice, liaising with the local police service and Community Safety Unit lead officers and reporting back to the local multi agency Safeguarding Adult Partnership Board.
What is the role of the Safeguarding Adults Board (SABs)? These are multi-agency boards established in each borough to promote, inform and support Safeguarding Adults work. They ensure that priority is given to the prevention of abuse and that adult safeguarding is integrated into other community initiatives and services and has links with other relevant inter-agency and community partnerships. A local SAB may be chaired by a director of adult social services, an assistant director, a senior elected member, or where partner agencies have agreed, by an independent chair. SAB members from partner organisations should have a lead role in their organisation with regard to Safeguarding Adults and be of sufficient seniority that they can represent their organisation with authority, make
multi-agency agreements and take issues back for action. The Care Act 2014 places these boards on a statutory footing.
What is the role of The Care Quality Commission? The Care Quality Commission (CQC) is the independent regulator of health and social care in England. It makes sure that care in hospitals, dental practices, ambulance services, care homes, people’s own homes, and elsewhere, meet government standards of quality and safety and are the standards anyone should expect whenever or wherever they receive care. The CQC also protects the interests of vulnerable people, including those whose rights are restricted under Mental Health Act Legislation. Prior to 1April 2009, this work was carried out by the Healthcare Commission, the Mental Health Act Commission and the Commission for Social Care Inspection (CSCI).
What is the role of the Office of the Public Guardian? The role of the Public Guardian is to protect people who lack capacity from abuse. The Office of the Public Guardian (OPG) supports and promotes decision making for those who lack capacity or would like to plan for their future, within the framework of the MCA 2005. The OPG, established in October 2007, supports the Public Guardian in registering Enduring Power of Attorney (EPA), Lasting Powers of Attorney (LPA) and supervising Court of Protection (COP) appointed deputies. The OPG is an agency of the Ministry of Justice and replaces the Public Guardianship Office, the former administrative arm of the Court of Protection. It is based in North London and has responsibilities that extend throughout England and Wales. The OPG also helps and supports attorneys and deputies in carrying out their duties and protects people who lack the mental capacity to make decisions for themselves. The Public Guardian, supported by the OPG, helps protect people who lack capacity.
What is the role of the Court of Protection (COP)? The MCA provides for a new COP to make decisions in relation to the property and affairs, healthcare and personal welfare of adults who lack capacity. The COP also has the power to make declarations about whether someone has the capacity to make a particular decision. The COP has the same powers, rights, privileges and authority in relation to mental capacity matters as the High Court. It is a superior court of record and is able to set precedents (i.e. examples to follow in future cases). The COP operates an enquiry line on telephone number: 0300 456 4600.
What is the Vetting and Barring Scheme and the Role of the Independent Safeguarding Authority? The Bichard Inquiry Report (2004) was published following the murders of Jessica Chapman and Holly Wells by Ian Huntley (a school caretaker). One of the issues this inquiry looked at was the way in which employers recruit people to work with children and vulnerable adults. The Inquiry’s recommendations led to the Safeguarding Vulnerable Groups Act 2006 and, as a result of recommendation 19 of the Inquiry, the creation of the Vetting and Barring Scheme (VBS). The Independent Safeguarding Authority was established under section 1 of the Safeguarding Vulnerable Groups Act 2006 as the Independent Barring Board (IBB) barred list.
What is the role of Trading Standards Service in Safeguarding Adults? The Trading Standards Service (TSS) enforces consumer related legislation as determined by central government. There is a range of activities, including those of rogue traders, bogus callers and distraction burglars, some of which may involve criminal activity that could be addressed by referral to the TSS. Rogue traders often intimidate, manipulate or threaten their victims into parting with large amounts of cash and, in some cases, into signing over their properties. These incidents often remain hidden.
What is the role of The Health and Safety Executive? The Health and Safety Executive (HSE) and local authorities are responsible, under section 18 of the Health and Safety at Work etc Act 1974, for making adequate arrangements for the enforcement of health and safety legislation. This is to secure the health, safety and welfare of workers and to protect others, principally the public. In relation to safeguarding vulnerable adults from abuse, the HSE is responsible for enforcing work-related health and safety legislation in hospitals, including nursing homes. Local authorities enforce the Health and Safety at Work etc Act 1974 in respect of certain nondomestic premises, including residential care homes. The supporting role of the HSE should be considered in all investigations of criminal abuse that occur within health and care service settings.
What is the role of the Department for Work and Pensions? The Department for Work and Pensions (DWP) may be able to assist in cases of financial abuse against vulnerable adults. The Pension Service is a dedicated service for current and future pensioners. It provides state financial support to the country’s pensioners at national and local level in partnership with other organisations. The Disability and Carers Service support disabled people and their carers, whether or not they are in work. It has responsibility for delivering Attendance Allowance, Disability Living Allowance and Carers Allowance. Why have a Multi Agency Strategy meeting and discussion? Whenever there is reasonable cause to suspect that an adult at risk is suffering, or is likely to suffer, significant harm there should be a strategy discussion involving social services, police and other agencies as appropriate (for example health). A strategy discussion may take place following a referral and the purpose is to: • • • • •
Establish the facts. Identify other agencies already involved. Identify whether a conflict of interest exists by continuing with the lead agency role. Re-assess the needs of the adult at risk for protection, support and redress in the light of additional information. Plan and agree an investigation process or what further action may be necessary.
A strategy discussion must not be used to pre-empt a strategy meeting/case conference. The objective of a multi-agency Safeguarding Adults at Risk response is to: • • • • • • • •
Deal with any immediate risk to the victim Prevent further offences Identify whether abuse constitutes a criminal offence and if so to preserve and secure evidence (police lead) Identify any medical, physical and emotional needs that need to be met To identify a safeguarding /protection plan To assess the immediate circumstances and evaluate the need for future information gathering Accurately record and monitor the intervention and its outcomes To develop a safeguarding / protection plan
What is a Safeguarding Assessment Strategy? This stage may be referred to as a strategy/planning discussion or a strategy/planning meeting. The purpose of a safeguarding assessment strategy is to allow professionals to formulate a multi-agency plan for assessing the risk to an adult at risk and to address any immediate protection and investigative requirements. The victim, their family or carers and suspects would not normally be present during this process, although in line with the six fundamental principles the wishes of the victim should be represented. The safeguarding assessment strategy can be agreed by a telephone discussion (referred to as a strategy discussion) or a face-to-face meeting (referred to as a strategy meeting).This will depend on the urgency, the nature of the allegation and the type of investigation that is required.
What is the MPS role in Adult Case Conferences? A case conference is a multi-agency meeting held to discuss the outcome of the investigation(s) once the agencies have collated all of the information and assessed ongoing protection issues for the adult at risk. The case conference should be held within four weeks of the completion of the investigation. It will need to review the same issues that were considered as part of the safeguarding assessment strategy discussion or meeting, albeit with a longer-term view. The purpose of a case conference is to; • • • • • • • •
Evaluate all of the evidence and facts in a multi-disciplinary arena, and on the basis of probability reach a conclusion on whether abuse has been substantiated, found to be unsubstantiated or whether a conclusion cannot be reached Examine the legal and statutory context of the situation and possible interventions, including the implications of any impending criminal court process Identify the roles and responsibilities of agencies and individuals involved Continuing to provide support, which includes the need for further assessments, and to plan or review care and support plans Ensure continued protection and welfare of the adult at risk Consider whether suspects who are paid employees are reported to their professional body, e.g., the Nursing Midwifery Council (NMC) And/or the Independent Safeguarding Authority (IS Authority) If appropriate, identify arrangements for monitoring and reviewing the situation, including the need to refer to MARAC and MAPPA Identify an appropriate course of action for any suspect and ensure that positive actions are
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put into place to prevent the victim from abuse in the future Create a safeguarding plan with timescales for actions agreed and a date for a review meeting.
It is the responsibility of a relevant safeguarding manager in adult social care to chair a case conference. They are responsible for facilitating the conference process and for ensuring that a decision is reached on whether the adult at risk has been subjected to abuse, and whether they remain at risk. They are also responsible for ensuring that minutes are taken and circulated to all relevant partner agencies participating in the process. The Chair has discretion to include or exclude anyone and this may include a suspect. Where it becomes apparent that a suspect may be present at a case conference, contact should be made with the conference Chair beforehand and a request made that the confidentiality of any information to be shared by the police be maintained within the meeting. This gives the option for the Chair to exclude the suspect for this part of the proceedings.
What is the legislation for Adult Case Reviews and Individual Management Reports? The Care Act 2014 makes Adult case reviews statutory.
What is an Individual Management Reports (IMR)? The aim of an IMR is to look openly and critically at individual and organisational practice and at the context within which individual staff members were working to see whether improvements could and should be made. IMR authors should be trained for their role and must be familiar with HM Government (2010) Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of Children provides detailed information on how to scope and format IMRs in respect of children. This guidance is transferable in terms of structuring safeguarding adult IMRs. SCRs should be conducted openly and honestly. On occasions, this means that the IMR will identify shortcomings in police practice that in theory may amount to a breach of the Police (Conduct) Regulations 2008. Where a breach is identified, liaison with the Professional Standards department (PSD), which will advise and ensure that the matter is properly recorded and dealt with in accordance with current arrangements.
Where can I find out more? • • •
See the ‘Useful Resources’ document in the toolkit for a collection of useful resources. See the ‘More Information’ document in the toolkit for further reading. See the CSU Safeguarding Adults website.
I have a suggestion, how can I feedback? Practitioner toolkits are a way of developing and sharing best practice. If you have any suggestions, questions, useful documents for the Useful Resources document etc., please contact the Safeguarding Team
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MPS Vulnerability and the Protection Adults at Risk policy
Establishes clear guidelines and accountability for the identification, recording, protection of and investigation of vulnerability and adults at risk Branch / OCU: Territorial Policing – Capability and Business Support Public Protection Team Summary:
Date created:
December 2014
Review date:
April 2015
Version:
3.0
Author:
Application •
When? This Policy applies with immediate effect.
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Who? All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor’s Office for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures.
This Policy applies in particular to officers and staff in the following roles: (This list is not intended to be exhaustive.) •
Police officers and police staff identifying, recording, protecting and investigating incidents involving adults at risk.
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Police officer and police staff supervisors
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Crime Management Units
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Intelligence Units
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Community Safety Unit
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Forensic Services
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Court Police Liaison Officers
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Criminal Justice Units
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Neighbourhood Policing Teams
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Borough Senior Leadership Teams
Policy Principles The MPS requires all officers and staff to follow the guidelines set in this policy toolkit when identifying cases of vulnerability and adults at risk, recording incidents and the protection and investigation involving those adults. When dealing with such incidents, officers and staff must • •
Follow guidance on dealing with adult victims and witnesses, including any children; Ensure the protection and safeguarding of individuals whether as victims/ witnesses/ persons in line with the Vulnerability Assessment Framework (VAF); 1
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Manage any risks to the safety of victim(s); Where powers/ grounds exist, ensure the suspect(s) are arrested; Ensure all relevant vulnerabilities, intelligence, including officer safety issues, are recorded.
Purpose and Benefits This policy establishes clear guidelines and accountability for the identification of vulnerability, the recording and effective investigation of incidents involving adults at risk. The aims of this policy are to: • • •
Prevent and detect crimes against adults at risk and by working in partnership with other agencies; Hold perpetrators of abuse of adults at risk accountable for their actions, and to prevent abuse; To ensure the safety and protection of victims experiencing or at risk of experiencing abuse by working in effective partnership with other agencies to safeguard adults at risk.
Scope This policy applies to adults at risk who: •
Are adults identified as being Vulnerable using the MPS Vulnerability Assessment Framework;
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Have care and support needs as defined by the Department of Health;
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Are adults at risk who experience abuse or have been subject to a crime that has been perpetrated on them by a person: - In a position of authority, or - Where there is an expectation of trust, or - Who has been providing them with care either in a care setting (e.g. care home, hospital) or in their own home or - Where the crime manager has particular concerns about the risk to or vulnerability of the victim or the impact of the incident on the community
The Care Act 2014 replaces the previous Department of Health definition of a 'vulnerable adult’: "A person aged 18 years or over who is or may be at risk of abuse by reason of mental or other disability, age or illness and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation." The scope of adult safeguarding has now has been widened to include: Where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there) (a) has needs for care and support (whether or not the authority is meeting any 2
of those needs), (b) is experiencing, or is at risk of, abuse or neglect, and (c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it. Terminology amongst partner agencies is still used inter-changeably but this policy uses Adults at Risk, wherever possible. Adults with care and support needs who may fall outside the scope of this policy must still be dealt with in accordance with the Care Act 2014 legislation (i.e. they must be referred into Local Authority Safeguarding Adult procedures). However the operational toolkits attached to this policy can be used as best practice. Policy Statement It must be noted that: • • •
All allegations of abuse should be subject to appropriate multi-agency response; The MPS will also record all criminal allegations of abuse against an adult at risk; The Community Safety Unit will only be responsible for the investigation of Adults at Risk cases contained within the scope of this policy, unless otherwise directed by the Borough Crime Manager.
Benefits This policy seeks to professionalise and improve the quality of service delivery to adults at risk who are or suspected of being the victims of abuse/crime. It will provide a standardised approach across the MPS to the identification and management of Vulnerability and the Protection of Adults at Risk incidents, by issuing clear instructions to staff ensuring that everyone understands their roles and responsibilities. The policy also seeks to develop good practice relating to the prevention and detection of crime. It will ensure that the MPS is legally compliant and is intended to increase the level of reporting, prosecution and monitoring of vulnerability and Adult at Risk cases. Furthermore, the policy's aim is to improve the response to Vulnerability and Adults at Risk Incidents, the risk assessment and management of cases leading to the improved safety of victims. Associated Documents and Policies Toolkits for the investigation of: •
Domestic Abuse;
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Honour Based Violence and Forced Marriage;
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Stalking and Harassment.
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Hate Crime
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Mash Resource Guide
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MPS toolkit for General Investigation 3
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Mental Health
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Critical Incidents
Notices related to this policy Item 11, Notices 48/2004 Item 1 Notices 24/09/2009
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Vulnerability and Protection of Adults at RISK -Secondary Investigation mandatory Actions Checklist
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Vulnerability and Protection of Adults at RISK - Secondary Investigation Checklist All Actions are Mandatory
Review reports and actions prior to your involvement Review the actions and instructions within the Vulnerability and Protection of Adults at RISK - Primary Investigation checklist Read the details of the Merlin and CRIS (where applicable) ensure you understand the situation, obtain clarification where required? Check for Notifiable Occupations - record actions where applicable( see Q&As and Useful Resources Notifiable occupation Scheme -How to check) Check the risk reducing interventions already in place by attending police or partner agencies Liaise with MASH unit re any initiated or going safeguarding activity prior to making decision on further action/options Review existing VAF - VAF is an ongoing assessment Check whether special measures have been considered, if not then you must consider whether they need to be implemented Satisfy yourself that the measures taken are adequate and working Consider if there is need to change what is in place Record all your observations/ justifications, both where you have taken alternative action, and where you have not, on CRIS/ MERLIN Where a person is unable , through age, illness, disability or mental ill health to provide an account to any first responder regarding the circumstances of an incident or outline how an injury has been sustained, then a supervisor MUST be consulted. The supervisor will advise on any initial immediate action's) and detail what records are required. e.g. CRIS / MERLIN / CRIMINT /
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EAB (See Victim and Witness Care Toolkit)
Protection and Safeguarding Strategies - Appropriate responses Consider what actions to take and what options are available for consideration Case conference with partner agencies and assessment strategy determination Ensure Partner agency takes the lead in a non criminal investigation Arrest the suspect(s) in a criminal investigation Ensure supportive and monitoring processes are in place (e.g with family, friends, neighbours , carers who do not present risk) Identify a SPOC for updates Consider provision of SAFE alternative accommodation (with consent) Consider crime prevention strategies, personal attack alarms Consider signposting to support or social groups - complete a CAN if not already created Raise victim awareness of methods for reporting their concerns Consider whether the options reduce vulnerability and minimise risk If there has been requirement to INVESTIGATE/ make enquiries, regarding crime or a crime related incident then this MUST be recorded and conducted on a CRIS report in addition to the MERLIN ACN. MPS staff are not to record Vulnerability and protection of Adults at RISK investigations on other databases Record all your observations/ justifications, both where you have taken alternative action, and where you have not, on CRIS/ MERLIN Consider if there safeguarding concerns for other involved parties, implement where appropriate
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Evaluate and Implement
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Identify benefits and harm for each intervention option for the individuals directly involved Assess impact on the vulnerable adult of action(s) proposed to be taken against a suspect Consider what option(s) you are discounting and why? Decide what is/are the preferred option(s) and why? Record all your observations/ justifications, both where you have taken alternative action, and where you have not, on CRIS/ MERLIN Select and action the option(s) that have the greatest likelihood of success against the least likelihood of harm Who needs to know what option(s) I have actioned? Partner agencies, Safer Neighbourhood teams, Response teams, Partner agencies? Monitor and review the effect of the option(s) actioned Document any local authority initiated enquiries Does a risk of harm still remain, or have other risks now emerged? Consider further safeguarding strategies? Is further safeguarding action required from partner agencies? Review of safeguarding assessment strategy? Record all your observations/ justifications, both where you have taken alternative action, and where you have not, on CRIS/ MERLIN
Further actions Priority is ensuring vulnerable adult safety and prevention of further harm Be aware of the possibility of patterns of abuse (see FAQ’s) Specialist scene evidence may be required - visitor logs, care plans, feeding records (see Useful Resources - Guidance Documentation)
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ABE interviews - intermediaries must be considered where a vulnerable adult alleges abuse and MG 11’s for key / significant witnesses and note rationale. Inform Partner agencies where appropriate, eg Trading Standards. The Care Quality Commission (CQC) should be informed of incidents within care/nursing homes Ensure Police attendance at a safeguarding Multi Agency Strategy meeting - allegations of crime Ensure special measures adopted - complete MG2 Seek corroborating evidence - Obtain medical consent as soon as possible. Neglect cases- Obtain careplans, accident report books, behaviour observation charts, staff clocking in and out cards, relatives questionnaires at care home, risk assessments. NB you may need a S8 warrant where documents not provided. Lack of access to vulnerable adults will not prevent a criminal investigation Consider reporting suspects to their professional bodies Make a separate referral to adult social services for a criminal offence by a vulnerable suspect on a vulnerable victim Liaise with Adult social services for support packages for vulnerable suspects Victim personal and community statements are to be included in case papers Record all your observations/ justifications, both where you have taken alternative action, and where you have not, on CRIS/ MERLIN Ensure that a Mental Capacity assessment has been carried out and there is a record of liaison and evidence agreement with allocated social worker/ mental health worker before deciding not to proceed with criminal investigations because of mental capacity or best interest issues. You may need to seek specialist advice. If a case needs to go to the CPS ensure that allocated social worker/mental health worker advice has been gained and evidenced, or fully justify in writing on CRIS why this has not been obtained, prior to CPS decision making. Consider escalation to Community risk MARAC or other risk management panel. For example MAPPA Ensure that the investigating officer has gained directly from the adult at risk their account of the incident. Do not rely solely on the investigation of the incident by a third party.
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Vulnerability and protection of Adults at RISK - Secondary Investigation Supervisor Checklist All Actions are Mandatory
Immediate action Ensure VAF completed Comply with the actions detailed in General Investigations toolkit and Specific Offence Toolkit Ensure that adults at risk are treated fairly when having dealings with the Police. Maximise their capability to achieve equal access to justice, by ensuring thorough investigation and effective support measures are put in place. Review all actions undertaken in the Vulnerability and protection of Adults at RISK Primary Investigation and the Secondary Investigation checklists’ and address remedial actions. Ensure ACN has been completed where required. If there is a requirement to INVESTIGATE/ make enquiries, regarding crime or a crime related incident then this MUST be recorded and conducted on a CRIS report in addition to the MERLIN ACN. MPS staff are not to record Vulnerability and protection of Adults at RISK investigations on other databases Quality assure the investigation. Participate in strategic Multi Agency strategy discussions / meetings/ enquiries where criminal offence alleged / disclosed Devise intervention strategies to prevent re-victimisation Notify Senior leadership Team if critical or emerging issues come to light (media attention etc)
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Crime Supervision
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Ensure compliance of risk management Ensure information sharing with partner agencies where appropriate Ensure CRIS management pages have been updated Ensure that Safer Neighbourhood Teams are utilised regarding high visibility patrols and informed of victim / suspect management strategies / plans Where a crime is alleged involving adult at risk victims, ensure that all opportunities to gain corroborating evidence have been explored Record liaison and evidence agreement with allocated social worker/ mental health worker before deciding not to proceed with criminal investigations because of mental capacity or best interest issues If a case needs to go to the CPS ensure that allocated social worker/mental health worker advice has been gained and evidenced, or fully justify in writing on CRIS why this has not been obtained, prior to CPS decision making
Staff Supervision Ensure staff with the requisite skills are allocated adult at risk abuse investigations Ensure investigative, protection and safeguarding standards are maintained through intrusive supervision Ensure critical incidents and associated crimes are identified at an early stage to avoid escalation Ensure allocated crimes are effectively investigated by MPS personnel and police actions are concluded in a timely manner. Ensure evidence and intelligence gathering opportunities are maximised, risk is managed and investigations are concluded taking into account the six fundamental Government principles outlined in the Q&As. Ensure that the investigating officer has gained directly from the adult at risk their account of the incident. Do not rely solely on the investigation of the incident by a third party. Ensure concerns expressed by partner agencies involved in the safeguarding process are explored and resolved. Ensure staff investigating vulnerable adult abuse that meets the threshold for serious abuse or a serious incident (e.g. it falls outside that described for Level 3 below) should
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be competent at the three National Occupational Standards (NOS) described within Level 2 of the Professionalising Investigation Programme (PIP). Staff investigating the following serious incidents must be at DCI level: (see Q &A’s) •
Serious abuse that takes place within an institutional care or NHS setting;
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Incidents involving multiple vulnerable victims and or suspects
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Historical institutional abuse
Consider escalation to Community risk MARAC or other risk management panel. For example MAPPA, MARAC
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Vulnerability and Protection of Adults at RISK - More Information The ‘More information’ section is where you can find links to in-depth reading and training to increase your knowledge and skills. If you have any suggestions for other useful resources, please contact the Safeguarding Team
Subject & description
Hyperlink address
SCIE Protecting adults at risk. London multi-agency policy and procedures to safeguard adults from abuse
http://www.scie.org.uk/publications/ataglance/atagla nce44.asp
Mental Capacity Act 2005
http://www.justice.gov.uk/protecting-thevulnerable/mental-capacity-act
Victim Intermediaries
http://intranet.aware.mps/tp/criminal_justice/09_joint _prosecution_service/victim+intermediary.htm
Special Measures Application
http://intranet.aware.mps/TP/Criminal_Justice/09_J oint_Prosecution_Service/Y_Special+Measures+2.h tm
CSU website
http://intranet.aware.mps/TP/CSU_Service_Delivery _Team/AZ_Index/Index.htm
Critical Incident Advisory Team
http://intranet.aware.mps/SC/Crime_Academy/02_O CU_sites/Specialist_Crime_Review_Group/Critical_ Incident_Advisory_Team_CIAT/05Contact_Us.htm
SCIE. Multi Agency London Safeguarding Adults Guidance
http://www.scie.org.uk/publications/reports/report39. asp
SCIE. Safeguarding Adults, Practical http://www.scie.org.uk/publications/reports/report50. Guide. pdf
Mental Health Act 1983
http://www.legislation.gov.uk/ukpga/1983/20/content s
CQC Protocol -Regulators for care homes
http://www.cqc.org.uk/sites/default/files/media/docu ments/cqc_adass_provider_protocol.pdf
Adass - national guidance for social workers
http://www.adass.org.uk/images/stories/Publications /Guidance/safeguarding.pdf
NHS staff WHISTLEBLOWING
http://www.legislation.gov.uk/ukpga/1998/23/content s
MASH research tools information sharing
Mash resource guide (To Come)
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Vulnerability and Protection of Adults at RISK - Primary Investigator Checklist All Actions are Mandatory
Initial Actions
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Conduct a Vulnerability Assessment Framework (VAF) whether a person is a Victim/suspect/witness/Member of Public or subject to current Mental health Legislation (see VAF quick guide). Assess whether 3 or more VAF factors apply; or are subject to mental health legislation or an adult at risk of abuse or neglect because of their needs for care and support. If not 3 areas of concern, but concern that adult is vulnerable then consider a MERLIN. If you have identified a vulnerable person comply with the ‘Investigation’, ‘Actions’ and ‘Report and Refer to partner agencies via Merlin ACNs’ instructions below.
Investigation Comply with the General Investigation Toolkit and if investigating a specific offence the Toolkit relating to that offence (see General Investigation Toolkit). Where a person is unable , through age, illness, disability or mental ill health to provide an account to any first responder regarding the circumstances of an incident or outline how an injury has been sustained, then a supervisor MUST be consulted. The supervisor will advise on any initial immediate action's) and detail what records are required. e.g. CRIS / MERLIN / CRIMINT / EAB (See Victim and Witness Care Toolkit)
Determine the vulnerability factors identified? NB Do not assume vulnerability, purely on basis of age/disability. What risks of harm have been identified?
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Ensure that you obtain details of relevant contact information for relatives/carers. What is the perceived level of threat? Cases should be considered as high risk where there is reason to believe someone’s life or physical wellbeing is in danger, incidents are increasing in frequency, or incidents are increasing in severity. Utilise existing risk matrix’s to assess risk e.g. DASH. (see Risk Toolkit). What supporting / corroborative evidence exists? What intelligence exists? What information is available about the wider context of the alleged abuse? How long has the abuse been going on? Have there been any previous concerns documented by the police? Or other agencies? Consider Mental capacity. Is the person aware of the abuse? Speak to the Adult at risk; do not rely on third parties solely to provide an account. Check that the person understands the risks of the situation. Check if the person wants to remain in their current environment. Check whether the person wants to maintain a relationship with the perpetrator. Consider Special Measures - This MUST occur from the onset of an investigation (see Q&As)
Actions Consider the consequences if you do not intervene? Consider immediate action necessary to minimise the risk to the individual If relevant, Consider hospital or place of safety etc (Do not forcibly remove under S136 from home address) Is this an issue just for the police? Consider who else needs to be informed?
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Is there a Crime / Allegation that requires further investigation? You must seek consent for other agency referral. If crime or crime related incident, record on CRIS and flag (AA - Carer abuse) and or (VA - targeted because of vulnerabilities). If consent not gained you can still refer if public interest takes precedence over the individuals wishes or it is vital to the vulnerable adults interest to refer. Check whether the person wants any intervention or signposting to other agencies? (You MUST obtain written consent from those with sufficient capacity and understanding for referrals record in PNB) Consider what powers are available under criminal or civil law to safeguard the vulnerable adult? (See Q&As). Consider other guidance or policies that may be applicable (for example –responding to domestic abuse, hate crime)? Consider what other interactions might be applicable (for example – referral to mainstream and specialist support under local authority safeguarding policy)? Consider how your actions comply with ECHR and Human Rights obligations (are they proportionate, legitimate, authorised, necessary)? Any RISK management issues must be addressed and brought to a supervisors attention and action must be taken to mitigate
Report and Refer to partner agencies via Merlin ACN’s Create a CRIS for criminal offences or CRI for matters requiring further police investigation Complete a MERLIN ACN for each adult identified as vulnerable. Complete a separate MERLIN PAC for the child if one is present or features in the family composition, where abuse is present or suspected. Conduct minimum 5 year intelligence checks on systems either through IIP, or CRIS, CrimInt, Merlin, PNC. Add to CRIS and MERLIN if the incident is within the CSU remit notify CSU if: •
suspect provides Care
•
there is Expectation of Trust or abuse of authority
•
cases of serious incident or serious abuse
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Any immediate and serious safeguarding concerns Must be brought to the attention of a SUPERVISOR and Duty Officer. Consider any specific requirements, e.g. disability, communication, or language issues for both the victim and suspect, whether the victim or suspect has mental capacity. If so whether an interpreter, intermediary, interview supporter or advocate is required for either. Record on CRIS/Merlin. Remember that a victim/witness is competent if they can understand questions and respond in a way that the Court can understand (see Q&As) If you become RESPONSIBLE for the secondary investigation, ensure you follow the secondary investigation Vulnerability and protection of Adults at RISK checklist. In particular Interview and special measures considerations.
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Vulnerability and Protection of Adults at RISK Primary Investigation Supervisor checklist All Actions are Mandatory
Immediate Action
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Alongside the other checklists within this toolkit the General Investigation and any specific offence Toolkit should also be complied with where criminality indentified Ensure Investigating officer has complied with the Vulnerability and protection of Adults at RISK Primary Investigation checklist. Address and record any outstanding actions to be completed Review the current Vulnerability Assessment Framework (VAF) tool and identify, assess and manage risk (this is an ongoing assessment). Provide direction on the investigative opportunities Ensure you are aware of the criteria for completion of an ACN and CRIS where crimes alleged, this is for victims, suspects, witnesses and members of public. Serious abuse or serious incident? Inform Duty Officer, CID.
Vulnerability and Protection of Adults at RISK Ensure that all opportunities to gain corroborating evidence have been explored Ensure appropriate support has been implemented Ensure there is a safety plan to protect the vulnerable adult Ensure Adult has been able to communicate/speak with you independently away from
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those who may cause harm. Ensure Positive Action has been taken at the scene
Scene & Forensics
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Ensure any crime scenes are secure and preserved. Consider types of abuse and neglect and the evidence required to prove it when considering what to preserve or seize (see Q&As)
Other actions Liaise with the CSU Ensure that the correct sub category of the ACN MERLIN has been recorded Ensure the CRIS has the correct flag(s) VA (targeted because of vulnerabilities) and AA. (Carers Abuse) Ensure an initial risk assessment is recorded on CRIS ( if applicable) Ensure that secondary investigator has been given all details for an appropriate handover of incident or prisoner Record your supervision on the CRIS and the MERLIN providing action taken to reduce vulnerability and RISK along with any further actions that you have identified as being necessary If there is a requirement to INVESTIGATE/ make enquiries, regarding crime or a crime related incident then this MUST be recorded and conducted on a CRIS report in addition to the MERLIN ACN. MPS staff are not to record Vulnerability and protection of Adults at RISK investigations on other databases
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