Safeguarding policy

Policy Statement:

Oxford Head Injury Services (OHIS) is committed to safeguarding any adult who may be at risk of abuse where that adult encounters the organisation. OHIS recognises that it has a duty of care to safeguard adults from abuse, harm or neglect. This Policy outlines our duty to act appropriately with regard to any allegation made against anyone working on its behalf, and also to any disclosure or suspicion of abuse. Oxford Head Injury Services (OHIS) believes that:

• All people regardless of age, ability, gender, racial heritage, religious or spiritual belief, sexual orientation and/or identity have the right to equal protection from harm and/or abuse.
• Some people are additionally vulnerable because of the impact of previous experiences, their level of dependency, communication needs and other issues.
• Working in partnership with carers and other agencies is essential in promoting people’s welfare.
• Adults who may be at risk should be involved in any decision making.

OHIS recognises its responsibility to provide staff and volunteers with training and support in relation to safeguarding vulnerable adults. This Policy has been developed in accordance with the principles established by legislation and guidance.

Scope of policy

This Policy applies to all staff including temporary, casual and agency staff, work experience, trainees, apprentices and volunteers. Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, whilst at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Legislation Relevant to policy

The Care Act 2014 legislates that safeguarding duties apply to an adult who:

• Is reported as having, or appears to have, needs for care and support (whether the Local Authority is meeting any of those needs).
• Is experiencing or is at risk of abuse and/or neglect.
• As a result of those care and support needs is unable to protect themselves for either the risk of, or the experience of abuse and/or neglect.
• The Care Act is underpinned by the following six principles:
• Empowerment – People being supported and encouraged to make their own decisions and give informed consent.
• Prevention – It is better to act before harm occurs.
• Proportionality – The least intrusive response appropriate to the risk presented.
• Protection – Support and representation for those in greatest need.
• Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
• Accountability – Accountability and transparency in delivering safeguarding. Other Legislation pertaining to Safeguarding Adults include:
• The Mental Capacity Act 2005
• The Modern Slavery Act 2015
• The Criminal Justice Act 2015
• The Sexual Offences Act 2003

Types of Abuse

Oxford Head Injury Services (OHIS) recognises and seeks to prevent all forms of abuse including, but not limited to:

• Neglect & Acts of Omission – An ongoing failure to meet a person’s basic physical or psychological need.
• Self-neglect – An individual living in a way that puts their health, safety. Or wellbeing at risk.
• Physical Abuse – Causing physical harm to someone else.
• Sexual Abuse – When an adult is forced or persuaded to take part in sexual activities. This does not have to be physical contact, and it can happen online.
• Psychological Abuse – The ongoing psychological/emotional maltreatment of an adult.
• Domestic Abuse – Any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality.
• Financial or Material Abuse – The unauthorised and improper use of funds, property, or any resources. This includes the use of theft, coercion or fraud to obtain, or try to obtain, a person’s money, possessions or property.
• Modern Slavery – Holding a person in a position of slavery, forced servitude, or compulsory labour, or facilitating their travel with the intention of exploiting them soon after.
• Discriminatory/Hate Crime – Unequal or abusive treatment based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex or sexual orientation.
• Organisational Abuse – Neglect or poor professional practice or poor because of the structure, policies, processes and practices within an organisation, this list is not exhaustive and there could be other forms of abuse which staff may become aware.

How to raise a concern?

If you have a concern, before raising this with the Adult Safeguarding Team, you should review the Oxford Threshold of Needs Matrix.

Ideally you should discuss your concern (s) with your Line Manager or the Chief Executive Officer (CEO)

Remember to record your observations and actions factually and contemporaneously.

All concerns need to be raised using the Oxford Safeguarding Adult Board website.

If you are unsure about raising a concern(s) you can ring the Adult Safeguarding Team on 01865 328232 to have a consultation. It is important to note that the Adult Safeguarding Team are not an emergency service and if someone is at immediate risk of significant harm, or there is any indication that a criminal act has occurred, inform a manager, the CEO or Chair in the CEO’s absence since the Police must be consulted.

Information Sharing:

Wherever possible you should discuss your concern(s) with the person and/or their representative and seek their consent to raise a concern. Assessing a person’s mental capacity is fundamental, and you cannot force them to agree to a referral if they do not consent and they have mental capacity. If the person consents to a referral the early sharing of information is key to providing an effective response where there are emerging concerns. If the individual is not willing, or able, to give their consent to information being shared, you will need to consider if other people are at risk, or a crime is to be committed. If this is the case, consent can be overridden in the interests of protecting others. This needs to be in accordance with the law on Confidentiality and the Date Protection Act 1998. If you are unsure as to what action to take you should discuss this with your manager or CEO. You should ensure that you record all actions clearly with reasons for your decision. No professional should assume that someone else will pass on information which they think may be critical to the safety and wellbeing of the adult. If a professional has concerns about the adult’s welfare and believes they are suffering or likely to suffer abuse and/or neglect, then they should share the information with a Senior Manager of the organisation, and the local authority and, or police if they believe or suspect that a crime has been committed.

Allegations about a Staff member or volunteer

OHIS has a duty to ensure that vulnerable adults are protected. Any allegation against a person who works at OHIS should be reported immediately to a Senior Manager or the nominated Trustee for Safeguarding. All allegations will be taken seriously. The allegation will be investigated within 2 working days and appropriate advice and action taken. This may include suspension, disciplinary action, referral to the Safeguarding Team and reporting to the Disclosure and Barring Service. Appropriate care and support will be offered to the client, the person making the allegation, and the employee involved / alleged.

Roles and Responsibilities

The regular review of safeguarding related policies and procedures.
 Nominating an appropriately qualified and trained safeguarding lead in the
Board.
The Chief Executive Officer (CEO) is responsible for:

• Ensuring all staff are aware of this policy and procedure and their responsibilities.
• Reviewing the Policy every three years or earlier if needed.
• Ensuring that all relevant individuals are up to date with the appropriate training
  for their role(s).
• Providing appropriate supervision and support when a safeguarding issue has
  been identified.
• The CEO should be trained to Safeguarding Adults Level 3 (Designated Lead).All staff are responsible for:
• Completing their training and refreshing every three years.
• Reporting or discussing concerns in a timely manner.
• Attending Supervision as required.
• The ARC Co-Ordinator, Head Injury Buddies and ABI Navigators should be trained to
  Level 2 (Awareness). All other employees and volunteers (including Trustees) should
  complete Level 1 (Introduction).

Monitoring and review

Safeguarding is a standing agenda item at the Trustee Board. An annual report will be submitted to the board. This Policy and Procedure will be reviewed every three years.