August 2015

Issue 12

Welcome! - Some of the items in this edition Contents:

• Making Safeguarding Personal • World Elder Abuse Awareness Day (WEAAD) 2015 • Safeguarding Adults - Good News stories • Law Commission Consultation on DoLS SSAB

SSAB ANNUAL REPORT 2014/15 And STRATEGIC PLAN 2015/16 Now available on our website

At the June Board meeting, members received the SSAB Annual Report for 14/15, Easy to Read Annual Report 14/15 and Strategic Plan for 15/16. All three documents are now available on the SSAB Website. The Board has received an update on the Mental Health Concordat and the action plan for Solihull can be viewed on the Crisis Care Concordat website. The Board has also received a request for a Serious Adult Review (SAR) (formerly known as Serious Case Review). At the time of writing, the SAR panel consider that the case does not meet the criteria for a SAR.

Prevention Sub Committee

Operational Sub Committee

Anne Hastings, Chief Executive of Age UK Solihull and Chair of the Prevention Sub Committee would like to say a huge ‘thank you’ to every single organisation who took time and effort to mark this year’s WEAAD (World Elder Abuse Awareness Day). See article later in the newsletter.

The sub committee considered regional documents around Self Neglect and Person in a Position of Trust (PiPOT). A review of all Solihull Local Practice Guidance is being undertaken to ensure they are Care Act compliant and up-to-date. Wherever possible, Regional guidance will be used.

The Sub Committee has received updates on the local Hate Crime campaign and are looking to raise the profile of Hate Crime in the Borough. They are also looking at launching some new posters around the types of abuse, and in conjunction with service users, looking to produce some new information leaflets around safeguarding.

SSAB/LSCB Joint Learning Faculty nd

The first meeting of this new faculty was held on 22 June and was well attended by partner agencies. Both Boards provided overviews of existing training provision. Practitioners had the opportunity to share their views on training needs and any gaps in provision locally taking into account the priorities of both boards and new guidance and legislation. Development Managers for SSAB and LSCB will feedback the progress of the faculty to their respective boards in September. If you would like more information on the faculty or would like to attend future meetings please contact [email protected]. The next meeting is th 4 November 2015, 14:00 – 16:00

DID YOU KNOW?

Members also received updates on DoLS applications and the situation with regard to Community DoLS. This group will monitor this closely and are monitoring the progress of the Making Safeguarding Personal approach and how SMBC are capturing outcomes. They are also receiving updates on the progress of a MASH (Multi-Agency Safeguarding Hub) for Solihull.

Quality & Audit Sub Committee The sub committee have reviewed the SSAB Performance Indicator Report for 2015/16 and reviewed the SSAB Risk Register at the August meeting. After discussion, It was agreed that the SSAB Quality Framework did not need revising. The annual Multi-Agency audit been decided upon. The group are continuing to work with HEFT around hospital discharge.

SCIE have three new films showing how effective pain management, support with personal hygiene and practical assistance can support people's dignity in care? View them Here

LOCAL NEWS Making Safeguarding Personal Update (MSP) Making Safeguarding Personal is a national approach which is embedded n the Care Act 2014 and the revised Adult Safeguarding Policy and Procedures for the West Midlands. It is a sector led initiative which aims to develop an outcomes focus to safeguarding work, and a range of responses to support people to improve or resolve their circumstances. The programme began in 2012-13 and is sponsored by the Local Government Association and ADASS. Making Safeguarding Personal seeks to achieve: • • • •

A personalised approach that enables safeguarding to be done with, not to, people; Practice that focuses on achieving meaningful improvement to people's circumstances rather than just on ‘investigation' and ‘conclusion'; An approach that utilises social work skills rather than just ‘putting people through a process'; An approach that enables practitioners, families, teams and SABs to know what difference has been made.

In Solihull we are: • Developing a range of personalised information for adults with care and support needs, their families and carers and for people who have allegations made about them. •

Solihull Safeguarding Adults Board is seeking to set up a Safeguarding Adults Service User Forum with representation of service users and carers who have experienced the safeguarding adults process and procedures so that their direct experiences can influence how the Board works to prevent and protect adults with care and support needs from abuse and harm.

•

Seeking to collect data on “the number and percentage of people experiencing adult safeguarding enquiries, who define the outcomes they want and the number and percentage of people who expressed outcomes, are “fully” or “partly met” so we can be assured this approach is embedded in the procedures.

•

Planning to ask people what their experience of Solihull’s Safeguarding was and report on the % of adults at risk who were happy with the end result of what people did to try and keep them safe. This is so we can see if we are making a difference.

Nationally the Making Safeguarding Personal programme group has identified: • People felt more empowered and in control of their safeguarding experience when they and/or their representative were involved from the start. •

Benefits to social work practice, including social workers feeling more positive about their role and the outcomes for service users.

Making Safeguarding Personal Update… continued •

A significant number of councils referred to the need to simplify the language used in conversations about safeguarding.

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A significant number of councils have been able to gather and report on both quantitative and qualitative evidence to some extent, to demonstrate that good outcomes have been achieved for people.

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A significant number of councils recognised the importance of reviewing outcomes and developed their understanding of the extent to which outcomes can change throughout safeguarding support.

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A significant number of councils reported that the project had helped key partners such as the Police, NHS and providers to understand and see the benefits of an outcomes-focused approach to safeguarding.

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A number of councils reported that their MSP project led to activities to support prevention and awareness raising in their local areas, perhaps with specific groups of people who were under-represented or difficult to contact.

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Involving the person and/or their representative from the start of safeguarding also increases consideration of involvement of an advocate, IMCA and/or significant others.

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Assessment and management of risk alongside the person is integral to MSP and practicing a person centred approach to working with risk can support risk enablement.

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Existing recording systems need to be improved, or new ones created, in order to help record or measure outcomes, and support the change to person centred practice in safeguarding.

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Safeguarding policy and procedures need to be revised and changed to reflect MSP and remove potential barriers to person centred safeguarding practice.

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The development of core practice skills, and having the tools to support good practice are essential to introducing MSP.

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Supporting practitioners and front line managers to achieve a shift in practice is a key component of introducing person centred practice in safeguarding.

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Introducing person centred outcome focused practice to safeguarding is a cultural change that needs wide ownership and feeds into a much broader context. Some of the ways this has been approached are: making sure partner agencies are well informed; understanding the importance of partnership engagement; providing clear leadership and developing a deeper understanding of outcomes in safeguarding.

Changes in Terminology The Care Act 2014 and the Adult Safeguarding Policy and Procedures for the West Midlands, changes some of the Adults Safeguarding Terminology.

OLD

NEW

Adult(s) at risk/Vulnerable adult(s)

Adult(s) with care and support needs

PATCH – Person Alleged to Cause Harm/Alleged Perpetrator

Potential Source of Risk

Alert/Referral

Safeguarding Concern

Investigation/Investigations

Enquiry/Enquiries

Large Scale Investigations

Large Scale Enquiries

Strategy discussion/meeting

Planning discussion/meeting

Protection Plan

Safeguarding Plan

World Elder Abuse Awareness Day (WEAAD) 2015

SSAB would like to say a HUGE THANKS to everyone who took part in marking WEAAD this year, both SMBC staff and partner organisations, including the Mayor of Solihull, Cllr Glenis Slater. At the time of writing, over £1,000 has been raised for Age UK Solihull. SMBC staff at the Council House and at the Bluebell Centre wore purple and raised money. At the Council House, Sue Walton, SSAB Business Manager, wearing her purple wig, handed out a Safeguarding Adults Quiz to staff. If you would like to have a look at the quiz, please email [email protected] and we wil send you a copy and theand answers! Anne Hastings, Chief Executive Officer of Age UK Solihull Chair of the Prevention Sub Committee, was absolutely thrilled at the events that partner agencies ran to mark the day. A special mention goes to the following partner organisations, who made a superb effort and really embraced the message for WEAAD. The Foundation of Lady Katherine Leveson, held a day long event with various purple themes. and were visited by the Mayor. They raised a wonderful £700 for Age UK. Staff and residents wore purple and the whole day was supported by friends and relatives. Anne Hastings went along to collect the cheque. A fantastic effort.

The Grove Residential Home in Solihull also entertained the Mayor. Both staff and residents wore purple and enjoyed purple cakes and a visit from Anne Hastings and Sue Walton.

Greenhill Way Day Centre held a day long event. They held purple bingo with purple wrapped prizes, had purple cakes on purple decorated tables and every service user released purple balloons, each with their own message on. They raised over £60. Well done.

Brookvale Day Centre also held a full day of activities. Staff and residents and families all joined in the day with purple food and raffles and also had purple balloons. Each resident attached a message saying how they would like to be treated. They raised over £90. Great effort.

At Sir Josiah Mason Trust, staff wore purple and donated to Age UK, and sold purple cakes.

Bluebird Care held a purple cake baking day and raised money for Age UK.

SMBC Staff at the Bluebell Centre, Chelmsley Wood, also wore purple and raised money for Age UK

Everything you have all done will have raised the profile and awareness of adult abuse, and has helped spread the message that adult abuse in Solihull will not be tolerated.

Safeguarding working at its best– Two Good News stories! Safeguarding and SMBC Trading Standards

In recent times, SMBC Trading Standards Officers have been visiting banks and building societies to raise awareness with staff about the problem of rogue traders and the role the banks can play in protecting vulnerable people. In order to help them hide their identity, rogue traders will require their victims to pay them in cash; in some cases they will even be especially ‘helpful’ by giving their victim a lift to the bank. Most people have reasonably consistent spending patterns, so when a person breaks their regular habits and attempts to draw out large sums of cash, it could be a warning that they are being targeted by a rogue trader. The efforts of this awareness campaign has reaped rewards in two recent cases. Case One Within a week of being visited by Trading Standards, the staff in one bank were approached by an elderly and confused gentleman who was trying to withdraw £3000 in cash. The bank manager quickly recognised the signs of a rogue trader victim, dashed outside the bank and confronted the ‘builder’ who had given the elderly man a lift to the bank. Not satisfied with the response he got from the builder he took photos of the builder and the van on his phone. Calls to both Trading Standards and the Police followed and although the Police attended the gentleman’s home address and the bank, the traders had left both premises. Through the smart and quick actions of the Bank, the gentleman concerned was saved from losing his money to rogue traders. Case Two A lady attended her bank on four separate occasions, withdrawing several hundred pounds each time. When bank staff queried with her the reasons for withdrawing such a large amount of cash, she appeared confused but said that it was to pay the gardener. Not satisfied with this response the bank raised their concerns with the Police. Police and Trading Standards carried out a joint home visit to the lady concerned. During the course of the visit it became clear that the lady was not able to look after herself in complete safety and via west Midlands Ambulance Service she was admitted to hospital. A safeguarding referral has been made and the lady will remain in hospital until a package of care and support is in place for her. Well done to SMBC Trading Standards and the Banks!

NATIONAL NEWS Serious Adult Review (formerly Serious Case Review)

A review of an investigation into abuse in six Care Homes in Wales, conducted by Dr Margaret Flynn, has been highly critical and believes the Crown Prosecution Service should review the investigation. ‘Operation Jasmine’ commenced in 2005 following the death of an 84 year old woman, and lasted over seven years. "No agency had any traction in bringing to an end the appalling practices. "Mistakes and errors in judgement characterise the agencies involved in this review." In 2008 the prosecution of eight nurses and carers was dropped. They were charged with wilful neglect. The trial of Dr Prana Das, owner of two of the care homes, was ended after he suffered a brain injury in an attack by burglars, but the charges against him remain on file. Dr Flynn was critical of the decision not to pursue the case against Dr Das as he remained as Company Director/Secretary for 564 days after the attack. Dr Flynn believes Operation Jasmine should be referred to the Special Crime and Counter Terrorism Division of the CPS. Over 100 potential victims of abuse and neglect were identified with one woman being found to have developed pressure ulcers that exposed her bones.

"Older people's injuries, pain and life-threatening deep pressure wounds were unobserved, unreported, reported inaccurately and/or reported belatedly - and yet, in this case, no crimes were identified by the Crown Prosecution Service" - a quote from Dr Flynn's report

Amongst Dr Flynn’s recommendations are:-

• • • •

‘Protective Outcomes’ ensure the wellbeing of individujals when an allegation is made or evidence of harm has occurred. Inquests be held into the deaths of several residents The General Medical Council and the Nursing and Midwifery Council consider the need for continuing reform to ensure that fitness to practise proceedings are conducted as quickly and as practicable as possible The Welsh Government in association with Public Health Wales, ensures that the significance of deep pressure ulcers is elevated to that of a notifiable condition

The Care and Social Services Inspectorate Wales (CSSIW) said it has altered its practices as a result of Operation Jasmine. Chief Inspector Imelda Richardson said ‘These events should never have happened’. ‘We do not tolerate failing care. Providers have an opportunity to put things right, but when they don’t, we take prompt action’.

Law Commission Consultation Paper on Mental Capacity and Deprivation of Liberty Safeguards The Law Commission’s consultation paper on Deprivation of Liberty was published on 7 July ((Law Commission, Mental Capacity and Deprivation of Liberty: A Consultation Paper (2015), CP No 222). It puts forward a comprehensive replacement scheme for the Deprivation of Liberty safeguards (DoLS). The DoLS have been subject to considerable criticism ever since their introduction. In March 2014 two events inflicted significant damage. First, the House of Lords post-legislative scrutiny committee on the Mental Capacity Act published a report which, amongst other matters, concluded that the DoLS were not “fit for purpose” and proposed their replacement (Report of Session 2013-14: Mental Capacity Act 2005: Postlegislative Scrutiny (2014) HL 139). A few days later, a Supreme Court judgment widened the definition of Deprivation of Liberty to a considerable extent (P v Cheshire West and Chester Council and P v Surrey County Council [2014] UKSC 19, [2014] AC 896). The practical implications have been significant for the public image of the DoLS, and the regime has struggled to cope with the increased number of cases. The Law Commission consider that there is a compelling case for replacing the DoLS. For instance, the DoLS are perceived to be overly technical and legalised and, more significantly, they are not meaningful for disabled people and their families or carers, and fail to secure buy-in from health and social care practitioners. Perhaps the most important consequence is likely to be that the rights of people who are deprived of liberty and those supporting them are difficult to discern. In designing a new system they have identified a number of key principles, namely that the new scheme should be: aimed at delivering improved outcomes for people with health and care needs, and their families and carers; rooted in the Mental Capacity Act; straightforward and non-elaborate; compliant with the Convention on Human Rights and tailored to the particular setting. Perhaps the most frequent and consistent criticism made about the DoLS has concerned the term “Deprivation of Liberty Safeguards” as it is viewed widely as unhelpful and it is suggested puts professionals off using the scheme. The proposal is to name the new scheme “Protective Care”. The new scheme of Protective Care will apply to hospital, care home, supported living, shared lives and domestic accommodation. However, the nature of the safeguards will vary according to the particular setting. People who lack capacity and are living in care homes, supported living and shared lives accommodation be provided with a set of safeguards (called “supportive care”). These are intended to ensure that prevention measures are in place and existing legal rights are being given effect to. There will also be additional safeguards (called the “restrictive care and treatment” scheme) which would apply if a person in such settings requires more restrictive or intrusive forms of care or treatment. This will include individuals deprived of liberty, but also some whose arrangements fall short of this.

A separate scheme would apply to hospital settings and palliative care where, in contrast to longterm care, admissions ordinarily involve shorter stays and an assumption that the person will return home as soon as possible. This is a more streamlined scheme and based around the concept of deprivation of liberty. Protective care would not be capable of being used to authorise the detention in hospital of incapacitated people who require treatment for a mental disorder. Instead, the Mental Health Act would be amended to establish a formal process and safeguards for such people. Finally, the new scheme would allow for the authorisation of a deprivation of liberty of a person living in family or other domestic settings. This would be an administrative form of authorisation, and it would no longer be necessary to seek Court authorisation in all such cases. Supportive care The safeguards would apply to people living in, or moving into, care home, supported living or shared lives accommodation, and who may lack capacity to consent to their living arrangements. In such cases, the local authority would be required to arrange an assessment regarding the person’s capacity to decide where they should be accommodated, or ensure that an appropriate assessment has taken place. There would be no requirement for an “independent assessment” in the DoLS sense. The assessment could be undertaken by anyone that the local authority thinks is appropriate, including social workers or nurses already working with the person. People who fall within the supportive care part of our new scheme will benefit from an independent advocate or an “appropriate person”. Amongst other matters, advocates and appropriate persons would be tasked with ensuring that the person has access to the relevant review or appeals process (for example the appeals mechanism under the Care Act, the social care complaints system in Wales, or the Court of Protection under the Mental Capacity Act). The restrictive care and treatment scheme provides the direct replacement for the DoLS. But, importantly, it is not organised around deprivation of liberty. Instead it looks at whether care and treatment arrangements are becoming sufficiently intrusive or restrictive to justify enhanced formal safeguards.

The restrictive care and treatment scheme would be based around a revised role for the Best Interests Assessor (known as the “Approved Mental Capacity Professional” (AMCP) under the new proposals). We would encourage you to read the Consultation Document, and respond to it. It is so important that we get the law in this area right. The outcome of this consultation will have an enormous impact on the lives of adults who have care and support needs, their carers and families.

SSAB TRAINING AND SSAB TRAINING NEWS

Please complete a Booking Form and email directly to [email protected].

The Multi-Agency training programme has been revised to meet the requirements of the Care Act 2014 , the Making Safeguarding Personal approach and the SSAB priorities for 2015/2016. September and October training dates for practitioners who are regularly involved in safeguarding enquiries, include the following Level 2 courses: 7th September 8th September 11th September 14th September

Safeguarding Adults under the care act 9.30- 4.30 Interviewing Skills for safeguarding 9.30 – 4.30 The Care Act and MSP briefing 2.00 – 4.00 Outcome based safeguarding and Positive Risk Taking 9.30 – 4.30 th 18 September Legal Literacy in safeguarding work 9.30 – 4.30 st 21 September Safeguarding for Housing Providers 9.30 – 4.30 6th October Refresher for Practitioners 9.30 – 12.30 16th October Using person centred tools in Safeguarding 9.30 - 4.30 th 20 October Safeguarding in a multi agency context 9.30 – 4.30 th 26 October Human Trafficking 9.30 – 1.00 th 29 October Financial Abuse 9.30 – 4.30 For further information on course content and booking instructions please email [email protected]

TRAINING NEWS

The on line learning package for safeguarding adults awareness is being revised and updated and will be available for agencies to use very shortly. We are planning to deliver a Two Day Train the Trainer course in November/December to enable agencies to deliver awareness training in their own workplace. If you would like to express an interest in attending this course, please email us on [email protected] to let us know.

NEW SSAB ADMINISTRATOR JOINS SSAB BUSINESS TEAM

The SSAB Business Team are delighted to announce a new member has joined the team. Demi Williams joins the team from HEFT and will be supporting the team and in particular, the SSAB Training. Demi’s contact details are at the end of the Newsletter. Welcome Demi!

West Midlands Adult Safeguarding Policy & Procedures Adult Safeguarding: Multi-Agency Policy and Procedures for the protection of adults with care and support needs in the West Midlands There is a ‘working draft’ of the new procedures, which as the name implies, is an evolving document. It is available through our Website

Dave Martin SSAB Independent Chair

Sue Walton SSAB Business Manager [email protected] 0121 788 4392

Lyn Skipp Management Assistant to SSAB/ SSAB Business Manager [email protected] 0121 788 4390

Joan McHugh SSAB Development Manager [email protected] 0121 788 4387

Demi Williams SSAB Administrator [email protected] 0121 788 4387

To report abuse, please call 0121 704 8007 (Office Hours), Emergency Duty Team on 0121 605 6060 (Out Of Hours) or email [email protected]