Introduction

This policy, procedures and guidelines are concerned with the protection of all vulnerable older people in the Parish of South Witham. It is designed primarily to help Councillors at South Witham Parish Council to recognise and respond to cases of abuse involving older people, in particular to:

• Provide mechanisms to help safeguard older people from abuse and/or exploitation

• Reduce and prevent incidences of abuse

• Respond quickly and sensitively to suspicions or disclosed incidents of abuse

• Provide a process for Councillor who have issues of concern in respect to suspected, disclosed or observed abuse

• Increase awareness of issues concerning the abuse of older people

The policy, procedure and guidelines are in accordance with the Council’s Safeguarding Vulnerable Adults Policy and Procedures.

This policy applies to all Councillors working for South Witham Parish Council.

Responsibilities

All Councillors have a duty of care to all service users, to recognise the signs of abuse and to take action where it is reported. The policy and procedures commit Councillors to responding promptly to all allegations or suspicions or abuse.

The Chair will ensure that the Safeguarding policy is implemented consistently across the Parish Council.

The Designated Person, currently Cliff Ashton has responsibility for recording all instances of alleged or reported abuse. Councillor should approach the designated person with any concerns of abuse.

email clifford_ashton_9@hotmail.com

Councillors in South Witham Parish Council will:

• Alert Social Services and/or the police to cases of abuse

• Document all actions, conversations and reasons for decisions made

• Pass documentation of abuse related events to the designated person

• Ensure that all Councillors are familiar with the Safeguarding Policy, Procedures and Guidelines.

Please refer to the Procedures documentation for detailed guidance.

Governing principles

The fundamental principle that underpins the Safeguarding policy, procedures and guidance of South Witham Parish Council is that all older people have the right to live their lives free from violence, fear and abuse.

Safety and protection

South Witham Parish Council’s first priority is to ensure the safety and protection of vulnerable adults. South Witham Parish Council will work together with other local agencies to uphold the right of vulnerable adults from harm and exploitation.

Confidentiality

Adults have the right to expect that any information they give to South Witham Parish Council and other local agencies, will be treated with care and confidentiality. Where a Councillor at South Witham Parish Council considers that there is suspected abuse they may need to disclose confidential information to the relevant authority and other agencies. In such a situation every reasonable effort will be made to inform the older person that disclosure to a third party will be necessary. Where such a need is established, disclosure should be on a ‘need to know’ basis and limited in terms of the information passed and the third parties to whom it is disclosed.

Choice and Consent

Adults have the right to express their wishes and priorities and to be personally involved when plans are made for their care. Every effort should be made to enable vulnerable adults to express their wishes in a way that is appropriate to them. It is also recognised that vulnerable adults at risk may sometimes remain in dangerous situations because the adult refuses any offer of help.

Capacity

South Witham Parish Council adopts the Mental Capacity Act 2005 http://www.nhs.uk/conditions/social-care-and-support-guide/pages/mental-capacity.aspx presumption of mental capacity unless a person’s apparent comprehension of a situation gives rise to doubt. South Witham Parish Council recognises that it is the right of adults who have capacity to make their own choices, irrespective of how unwise we may consider that decision to be.

Where adults lack the capacity to safeguard themselves, other people will need to make those decisions. This issue is further defined in the accompanying Procedure document.

Information Sharing

In order to protect vulnerable adults, it will be necessary to share appropriate information, which would be regarded as confidential in other circumstances. Information about an adult who may be at risk of harm through abuse must be shared within the framework of the Council’s Safeguarding Adults Procedure. Councillors will need to be able to justify why they are sharing information with another agency. However, the duty to protect an individual or others will in most cases outweigh the need to adhere to data protection and to maintain confidentiality.

Definitions

Abuse is a violation of an individual’s human and civil rights by any other person or persons. Abuse may consist of a single act or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or an omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented, or cannot consent. Abuse can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it‘. (Department of Health, March 2000)

Vulnerable Adult is a person aged 18 years or over “who is or may be in need of community care services by reason of mental or other disability, age or illness: and who is or maybe unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation” (from “Who Decides”, Lord Chancellor’s Department (1997) and used by The Borough Council)

Equality and Diversity

South Witham Parish Council recognises that abuse of older people is under-reported in all communities but significantly so in many black and minority ethnic communities where cultural issues may comprise additional barriers to reporting.

Monitoring and review

The policy and procedures will be reviewed on an annual basis by South Witham Parish Council

Safeguarding guidance

Awareness Information

Abuse may be a single act or one that happens repeatedly. It may be planned or reactive as well as intentional or unintentional. It can also happen due to ignorance or due to the abuser needing help themselves.

Adult abuse normally occurs when an adult who is in some way vulnerable is faced with a person or a set of circumstances with a potential for harm. Some factors that may place people at particular risk of being abused are described in the list below. However, the presence of one or more of these factors does not automatically imply that abuse has or may occur.

• Poor communication or a break down of communication

• Immobility

• Urinary or faecal incontinence

• An inappropriate or dangerous physical or psychological environment e.g. lack of personal space

• Living in the same household as a known abuser or a person who has a history of mental health problems, alcohol or drug misuse or sexual offending

• Mental health problems

• Learning disabilities

• Physical disabilities

• Dependence on others or vice-versa

• Unequal power relationships

• Considerable change in carer’s lifestyle

• Emotional and social isolation

• Caring needs in excess of carer’s ability to meet them

• Financial problems

People can be abused in different ways. Below are some of the different types of abuse and the indicators of abuse.

Physical Abuse

Any physical pain, suffering or injury which is inflicted by a person who has responsibility, charge, care or custody of, or who has a position of or expectation of trust to an individual, constitutes physical abuse. This includes but is not limited to assault, physical restraint, hitting, slapping, burning, pushing, kicking, misuse of medication, rough handling, deprivation of care and necessities.

Physical abuse includes injuries that are not explained satisfactorily where there is concern that the injury was inflicted intentionally.

Physical abuse can also include situations where people are caused unreasonable physical discomfort through the deliberate withholding of care, or the application of inappropriate techniques or treatments. Deprivation of food and water and involuntary isolation and confinement i.e. vulnerable adult is locked in their room and not allowed visitors or being subject to inappropriate drugs or the deprivation of prescribed drugs. An overlap with neglect can be a feature of physical abuse.

Possible Indicators of Physical Abuse

The signs of physical abuse are often evident but can also be hidden by the abuser or the victim.  Evidence to look out for include:

• Any injury not fully explained by the history given

• Self inflicted injury

• Unexplained bruises and welts on in various stages of healing or not properly treated

• Unexplained burns, especially on soles of feet, palms and back

• Immersion burns, rope burns, electrical appliance burns

• Unexplained fractures to any part of the body

• Broken eyeglasses or frames

• Lack of personal care and hygiene

• Inadequate or inappropriate clothing

• Soiled clothing or bed

• Dehydration and/or malnourished without illness-related cause

• Inappropriate use of medication, overdosing or under-dosing

Psychological Abuse

Psychological abuse or emotional abuse is one of the most common types of abuse. It constitutes any behaviour by another that results in psychological harm to an individual constitutes this type of abuse. It invariably involves identifying something - a person or an object - that matters to an older person and then threatening to endanger it unless the older person complies with demands. The most common examples are threatening access to grandchildren (if someone lives at home) or denying access to family visits (if someone lives in a residential home). Psychological abuse does not usually occur in isolation and often it is linked to financial abuse. 

Psychological abuse includes but is not limited to harassing, ignoring, blaming, humiliating, threatening harm or abandonment, contact deprivation, controlling, intimidation, harassment; coercion, verbal abuse/insults, racial slurs, lack of privacy, lack of respect of cultural diversity, denial of dignity.

Possible indicators of Psychological Abuse

Psychological abuse can have a profound impact on someone's mental health; they can feel trapped, threatened, humiliated, used or a combination of all these.  Most signs therefore relate to someone's mental state, and changes in behaviour:

• Helplessness

• Hesitation to talk openly

• Implausible stories

• Confusion or disorientation

• Anger without apparent cause

• Sudden change in behaviour

• Emotionally upset or agitated

• Unusual behaviour (sucking, biting, or rocking)

• Unexplained fear

• Denial of a situation

• Extremely withdrawn and non communicative or non responsive

Financial / Material Abuse

This involves the individual’s resources being inappropriately used or manipulated to the advantage of another person. It is often justified by the abuser by thinking that they deserve the money because they have earned it, that it is their rightful inheritance or by thinking that the older person just ‘doesn’t need it’.

It includes the withholding of money or inappropriate or unauthorised use of a person’s money or property to the disadvantage of the adult to whom it belongs. It can include but is not limited to, theft, fraud, forgery, embezzlement, exploitation, misuse of funds / property / possessions.

Possible Indicators of Financial Abuse

• Signatures on cheques etc., that do not resemble the older person's signature, or signed when the older person cannot write; 

• Sudden changes in bank accounts, including unexplained withdrawals of large sums of money by a person accompanying the older person;

• The inclusion of additional names on an older person's bank account;

• Numerous unpaid bills, or overdue rent, when someone else is supposed to be paying the bills;

• Abrupt changes to, or the sudden establishment of, wills

• The sudden appearance of previously uninvolved relatives claiming their rights to an older person's affairs or possessions

• The unexplained sudden transfer of assets to a family member or someone outside the family;

• Unusual concern by someone that an excessive amount of money is being expended on the care of the older person;

• Power of Attorney obtained when person is unable to comprehend.

• Person lacks belongings or services, which they can clearly afford

• The unexplained disappearance of funds or valuable possessions such as art, silverware, or jewellery;

• Deliberate isolation of an older person from friends and family, resulting in the caregiver alone having total control;

Sexual Abuse

Any sexual act that a person takes part or is forced to take part in without their informed consent constitutes sexual abuse. This is defined as the involvement of adults in sexual activities which either

• they do not want and have not consented to

• they cannot understand

• take place where the other party is in a position of trust, power or authority

It includes but is not limited to rape, sexual harassment, fondling, inappropriate touching, use of sexual or offensive language.

Possible Indicators of Sexual Abuse

As with other forms of abuse, the behaviour of the older person, even if they have confusion will indicate that something is wrong.

• Full or partial disclosure or hints of sexual abuse

• Wetting/soiling

• Torn, stained or bloody clothing

• Love bite

• Marked changes in behaviour

• Person reporting that they have bruises around the breasts or genital area

If you suspect sexual abuse

• do not wash the older person or their clothing

• call the police immediately as they have the skills, expertise and equipment to respond appropriately and sensitively

Neglect

Neglect is the deprivation of help to perform activities of daily living. It can also be the failure to intervene in behaviour which is dangerous to the individual or to others. Not all neglect is intentional. It can occur when the caregiver can not cope or does not have the necessary resources or support.

It may include but is not limited to failing to provide basic necessities such as food, heat, comfort, clothing, hygiene, medical treatment, mental stimulation. Also failing to provide access to health or social care and failing to recognise or be aware of a person’s cultural needs and norms.

Possible Indicators of Neglect

Neglect will often manifest in the physical, social or health circumstances of the older person and can include:

• Dirt, faecal or urine smell, or other health and safety hazards and unsanitary and unclean conditions in older person's living environment

• Rashes, sores or lice on the body

• An untreated medical condition

• Inadequate heating

• Clothing is inadequate or in bad condition, smelling of staleness and urine

• Evidence of malnutrition or dehydration

• Poor personal hygiene

• Failure to ensure appropriate privacy and dignity

• There is evidence of the withholding of medication or over-medication

• There is evidence of a lack of assistance with eating and drinking;

In considering neglect it is also important to recognise that there are occasions when someone will choose a particular lifestyle that is considered by others to be poor.  There is a difference between a chosen pattern of behaviour and neglect by others that causes deterioration in an older person’s circumstances and condition.   If there is doubt, Councillors should refer to the Mental Capacity Act 2005, where it recognises the right to make unwise decisions at times.

Who can abuse

Both older men and women can be at risk of being abused. The abuser is usually well known to the person being abused. They may be:

• a partner, child or relative

• a friend or neighbour

• a paid or volunteer care worker

• a health or social worker, or other professional

• older people may also be abused by a person they care for

Often, the people who abuse older people are exploiting a special relationship.  They are in a position of trust, whether through family bonds, friendship or through a paid caring role, and they exploit that trust.  

Sometimes however abuse is not intentional.  It can be because someone lacks the skills or external support necessary to adequately care for another person.  We call this passive abuse because it is unintentional.  That does not mean that the impact on the older person is any less, but it can help us to understand how best to address the abuse.

Where does abuse occur?

Abuse can occur anywhere:

• in someone’s own home

• in a carer’s home

• in a day centre

• in a residential home, or a nursing home

• in a hospital

What to do if abuse is suspected

Do

• Do stay calm

• Do ensure the safety of the individual and yourself

• Do assess the need for emergency services

• Do listen attentively to what the person says and pay attention to body language

• Do take it seriously – even if it is not making much sense to you at present

• Do reassure the person they are right to tell you

• Do explain to the person what action you will be taking

• Do inform Chair as soon as possible

• Do follow closely the Safeguarding Procedures in place

• Do write down exact details of the conversation you have had with the individual

• Do take all precautions to preserve evidence

• Do report to your Chair (or another Councillor)

Don’t

• Do not panic

• Do not show that you are shocked or that you do not believe them

• Do not be judgemental or make assumptions

• Do not stop someone who is freely recalling significant events

• Do not launch into an investigation of your own

• Do not press for more details or question excessively

• Do not make a promise to keep it secret or other promises you can not keep

• Do not try and sort this out - stick to the procedure

• Do not contact or confront alleged abuser

• Do not tell people who do not need to know - confidentiality is important

• Do not disturb or destroy possible evidence e.g., clean person up, wash clothes

Safeguarding procedures

Action for project Councillors if there are signs or there is a suspicion of abuse

In all cases, where a Councillor, is notified of, or suspects that an older person has been abused, they must gather as much information as possible of the incident and notify their concerns to Chair as soon as possible.

In gathering information about the suspected abuse, Councillors should pay particular attention to:

• what the older person says about the impact of the alleged abuse on their physical, emotional and psychological wellbeing;

• duration and frequency of the alleged abuse;

• level of personal support needed by the adult, and whether that support is normally provided by the alleged perpetrator;

• extent of premeditation, threat or coercion;

• context in which the alleged abuse takes place;

• length of time it has been occurring;

• nature, degree and extent of the abuse;

• risk of repeated or increasingly serious acts involving this or other vulnerable adults

• the capacity of the older person

Under no circumstances should Councillors undertake any investigation. (See the guidance notes for Do’s and Don’ts on receiving or suspecting an allegation of abuse).

Where a Parishioner does not speak English it is not appropriate to ask a family member to interpret. Where necessary, an interpreter must be found.

Councillors should explain to the Parishioner

• that what is happening to them is not acceptable

• what action Councillors will be taking, including the duty of care to report to Social Services for vulnerable older people

• where further help and support is available (e.g. Action on Elder Abuse, Victim Support, Advocacy Partners or the Age Concern advocacy project).

Councillors should write up detailed notes of the suspected abuse, outlining what they were told and the conversation they had with the individual as soon as possible after the event. Councillors should record the person’s own words and the language used but do not take a statement. The notes should be signed and dated by the Councillor and must be passed to the Chair as soon as possible.

Assessing whether to report

Councillors have a duty of care to report any suspected abuse of a vulnerable adult (or an adult who could be deemed vulnerable as a result of the abuse), regardless of whether consent has been given, so that appropriate action can be taken.

The definition of a vulnerable adult is someone aged over 18 who

• is or may be in need of community care services by reason of mental or other disability, age or illness and

• is or maybe unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation

Where the older person is not deemed vulnerable, Councillors have a duty to report in the following circumstances:

• where there is an immediate risk of significant harm

• Where there is evidence that there is a risk of serious harm to other people

• Where there is evidence that there is a serious health risk to an individual

• When a crime is suspected

• For the prevention or detection of a crime

• Where allegations involve a paid carer or volunteer

Where possible, this duty to report will always be discussed with the vulnerable adult prior to the information being shared.

In all other circumstances, consent should be sought from the client before reporting suspected abuse.

Capacity

Councillors need to assess the capacity of the older person and should use their best judgement in making this decision. If it is thought that the older person lacks capacity then consent is not an influencing decision and Councillors should make a decision on reporting to Social Services without reference to whether or not consent is given.

If Councillor do not think the person has capacity, they need to detail why they think that the person does not have capacity and these reasons need to be detailed on the client’s notes.

Where the person is not vulnerable and is able to make an informed decision about their personal circumstances, their wishes should be respected (irrespective of how unwise we consider that decision to be), except in the circumstances outlined above.

Reporting

Councillors should consult with the Chair to decide whether or not to alert the Adult Social Services. Any allegation of abuse of a vulnerable adult has to be referred to social services (see the definition of Vulnerable Adult in the policy document).

When the particular circumstances of the incident are obtained, Councillors must decide whether to alert the local Adult Social Services. In making the decision whether to alert, Councillors can with, the Chair or in confidence with the Parish Council (without disclosing any of the client’s details). . The alert to the Adult Social Services should ideally be within 24 hours or being notified about the abuse. The alert to the Adult Social Services can be made over the telephone or by using the report form (see South Witham Parish Council Council’s Safeguarding Vulnerable Adults Policy and Procedures).

Recording

The Councillor who received the initial allegation or suspicion of abuse should make detailed notes as follows:

• records of what the client actually said, using their own words and phrases

• record any questions which are actually asked

• description of the circumstances that brought about the disclosure

• make notes of the setting and any others present at time of disclosure

• inclusion of observations of their behaviour and physical condition

• recording of facts not opinions

• dates and times, including signature and who record sent to

• written in black ink

All records of actual or suspected abuse should be signed and dated by the Councillor. The completed documentation should be put on the individual’s file if they have one or retained by the Chair.

If the decision is taken not to alert then that is still considered as taking a decision and the reasons for taking this course of action should be recorded as a matter of good practice.

Action required if there are allegations of abuse against a worker or volunteer

If an allegation of abuse is made against a member of Councillor, please refer to the Whistleblowing and Disciplinary policy. Full Council will need to alert the Adult Social Services to the alleged abuse.

Who to contact if abuse is suspected:

Adult Social Services, for referrals / alerts

Safeguarding Team, for consultations

Police

South Witham Parish Council            email   southwithampc@btinternet.com

Cliff Ashton      email  clifford_ashton_9@hotmail.com

Updated 1.12.20