SAFEGUARDING POLICY: ADULTS

Guidance and information

Making Safeguarding Personal
There has been a cultural shift towards Making Safeguarding Personal within the safeguarding process. This is a move from
prioritising outcomes demanded by bureaucratic systems.

The safeguarding process used to involve gathering a detailed account of
what happened and determining who did what to whom. Now the outcomes are defined by the person at the centre of the
safeguarding process.

The safeguarding process places a stronger emphasis on achieving satisfactory outcomes that take into account the individual
choices and requirements of everyone involved.

“What good is it making someone safer if it merely makes them miserable?” – Lord Justice Mundy, “What Price Dignity?” (2010)

What this means in practice is that adults should be more involved in the safeguarding process. Their views, wishes, feelings and
beliefs must be taken into account when decisions are made.

The Care Act 2014 builds on the concept, stating that “We all have different preferences, histories, circumstances and lifestyles so it is
unhelpful to prescribe a process that must be followed whenever a concern is raised.”

However, the Act is also clear that there are key issues that should be taken into account when abuse or neglect are suspected, and
that there should be clear guidelines regarding this.
https://www.local.gov.uk/topics/social-care-health-and-integration/adult-social-care/making-safeguarding-personal

Capacity – Guidance on Making Decisions

The issue of capacity or decision making is a key one in safeguarding adults. It is useful for organisations to have an overview of the
concept of capacity.

We make many decisions every day, often without realising. We make so many decisions that it’s easy to take this ability for granted.

But some people are only able to make some decisions, and a small number of people cannot make any decisions. Being unable to
make a decision is called “lacking capacity”.

To make a decision we need to:

• Understand information
• Remember it for long enough
• Think about the information
• Communicate our decision

A person’s ability to do this may be affected by things like learning disability, dementia, mental health needs, acquired brain injury,
and physical ill health.

The Mental Capacity Act 2005 (MCA) states that every individual has the right to make their own decisions and provides the
framework for this to happen.

The MCA is about making sure that people over the age of 16 have the support they need to make as many decisions as possible.

The MCA also protects people who need family, friends, or paid support staff to make decisions for them because they lack capacity
to make specific decisions.

Our ability to make decisions can change over the course of a day.

Here are some examples that demonstrate how the timing of a question can affect the response:

• A person with epilepsy may not be able to make a decision following a seizure.
• Someone who is anxious may not be able to make a decision at that point.
• A person may not be able to respond as quickly if they have just taken some medication that causes fatigue.

In each of these examples, it may appear as though the person cannot make a decision. But later in the day, presented with the
same decision, they may be able to at least be involved.

The MCA recognises that capacity is decision-specific, so no one will be labelled as entirely lacking capacity. The MCA also recognises
that decisions can be about big life-changing events, such as where to live, but equally about small events, such as what to wear on a
cold day.

To help you to understand the MCA, consider the following five points:

1. Assume that people are able to make decisions, unless it is shown that they are not. If you have concerns about a person’s
   level of understanding, you should check this with them, and if applicable, with the people supporting them.
2. Give people as much support as they need to make decisions. You may be involved in this – you might need to think about the
   way you communicate or provide information, and you may be asked your opinion.
3. People have the right to make unwise decisions. The important thing is that they understand the implications. If they
   understand the implications, consider how risks might be minimised.
4. If someone is not able to make a decision, then the person helping them must only make decisions in their “best interests”.
   This means that the decision must be what is best for the person, not for anyone else. If someone was making a decision on your
   behalf, you would want it to reflect the decision you would make if you were able to.
5. Find the least restrictive way of doing what needs to be done.

Remember:

• You should not discriminate or make assumptions about someone’s ability to make decisions, and you should not pre-empt a best-interest decision merely based on a person’s age, appearance, condition, or behaviour.
• When it comes to decision-making, you could be involved in a minor way or asked to provide more detail. The way you provide
  information might influence a person’s ultimate decision. A person may be receiving support that is not in-line with the MCA, so
  you must be prepared to address this.

Consent and Information Sharing

Workers and volunteers within sports and physical activity organisations should always share safeguarding concerns in line with
their organisation’s policy, usually with their safeguarding lead or welfare officer in the first instance, except in emergency situations.
As long as it does not increase the risk to the individual, the worker or volunteer should explain to them that it is their duty to share
their concern with their safeguarding lead or welfare officer.

The safeguarding lead or welfare officer will then consider the situation and plan the actions that need to be taken, in conjunction
with the adult at risk and in line with the organisation’s policy and procedures and local safeguarding adults board policy and
procedures.

To make an adult safeguarding referral you need to call the local safeguarding adults team. This may be part of a MASH (Multi-
Agency Safeguarding Hub). A conversation can be had with the safeguarding adults team without disclosing the identity of the
person in the first instance. If it is thought that a referral needs to be made to the safeguarding adults team, consent should be
sought where possible from the adult at risk.

Individuals may not give their consent to the sharing of safeguarding information with the safeguarding adult’s team for several reasons. Reassurance, appropriate support and revisiting the issues at another time may help to change their view on whether it is
best to share information.
If they still do not consent, then their wishes should usually be respected. However, there are circumstances where information can
be shared without consent such as when the adult does not have the capacity to consent, it is in the public interest because it may
affect other people or a serious crime has been committed. This should always be discussed with your safeguarding lead and the
local authority safeguarding adults team.

If someone does not want you to share information outside of the organisation or you do not have consent to share the information,
ask yourself the following questions:

• Is the adult placing themselves at further risk of harm?
• Is someone else likely to get hurt?
• Has a criminal offence occurred? This includes: theft or burglary of items, physical abuse, sexual abuse, forced to give extra money
  for lessons (financial abuse) or harassment.
• Is there suspicion that a crime has occurred?

If the answer to any of the questions above is ‘yes’ – then you can share without consent and need to share the information.

When sharing information there are seven Golden Rules that should always be followed.

• Seek advice if in any doubt
• Be transparent – The Data Protection Act (DPA) is not a barrier to sharing information but to ensure that personal information
  is shared appropriately; except in circumstances where by doing so places the person at significant risk of harm.
• Consider the public interest – Base all decisions to share information on the safety and well-being of that person or others that
  may be affected by their actions.
• Share with consent where appropriate – Where possible, respond to the wishes of those who do not consent to share
  confidential information. You may still share information without consent, if this is in the public interest.
• Keep a record – Record your decision and reasons to share or not share information.
  Accurate, necessary, proportionate, relevant and secure – Ensure all information shared is accurate, up-to-date; necessary and
  share with only those who need to have it.
• Remember the purpose of the Data Protection Act (DPA) is to ensure personal information is shared appropriately, except in
  circumstances where by doing so may place the person or others at significant harm.