Alcohol, Drugs and Smoking Policy
Adult Support and Protection Policy
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Overview
Tigh a'Chomainn Camphill aims to protect everyone in the community from any situation of abuse by promoting the highest possible standards of care which respect the rights, dignity and freedom of choice for all individuals. All adults have the right to live a life free from abuse and exploitation and Tigh a'Chomainn Camphill is not only committed to upholding that right but also has a ‘zero-tolerance’ towards abuse wherever it occurs.
Tigh a'Chomainn Camphill aims to ensure these measures are met by a thorough recruitment, selection and induction procedure with annual refresher training for all co-workers promoting good inter-disciplinary practice in preventing and dealing with the immediate causes and effects of abuse.
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What you need to know
Tigh a'Chomainn Camphill’s practice is underpinned and guided by a number of values and principles. Three guiding pieces of legislation/regulation are the Human Rights Act 1998, the Adult Support and Protection (Scotland) Act 2007 and the SSSC Codes of Practice. As an organisation working with adults at risk of harm, Tigh a'Chomainn Camphill is committed to good practice, which means a commitment to keeping adults at risk of harm safe from harm and exploitation as well as upholding their rights. That is, always acting in their best interests and with their consent. The Adult Support and Protection (Scotland) Act 2007 states the following definitions.
Adults at Risk
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are unable to safeguard their own well-being, property, rights or other interests;
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are at risk of harm; and
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because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.
Harm
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conduct which causes physical harm
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conduct which causes psychological harm (e.g. by causing fear, alarm or
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distress)
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unlawful conduct which appropriates or adversely affects property, rights or interest (e.g. theft, fraud, embezzlement or extortion)
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conduct which causes self-harm
Your duty of care
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always act in the best interest of individuals and others
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not act or fail to act in a way that results in harm
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act within your competence and not take on anything you do not believe you can safely do
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What you need to do
A co-worker must immediately report any one of the following circumstances to their line manager. If necessary, call a manager out of working hours:
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An adult at risk reports that they have been or are being abused
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Tigh a'Chomainn Camphill receives information that an individual has been or is being abused
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There are signs that the individual is being abused or if there are suspicions of harm
If the adult at risk appears to be in immediate physical danger or urgent medical attention is needed:
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Contact appropriate emergency service (call 999)
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Consent & capacity is not an issue when in critical situation
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Medical care must be sought & provided if needed (call GP or NHS 24 under 112)
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Co-workers must be aware of the preservation of evidence
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Co-workers should not put themselves at risk
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Co-workers should always discuss and record action taken
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The first thing that you must do is to ensure that the person is not in further immediate danger. Take a note of the time and what you see and hear. You should write this down as soon as possible. It is important to ensure that this is factual and does not include your interpretation of events.
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Although you may be facing a stressful situation, it is important that you act calmly. This will help to give reassurance to the person and also help to give you confidence to deal with the situation appropriately.
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It is very important to reassure the person, particularly if he/she has disclosed the harm or abuse, or is concerned that the harm or abuse could get worse as a result of it being reported. Let the person know that you are there to provide support and what you are going to do. Remember that the person still has the right to make choices and these must be respected even if you don’t think these are in the best interests of that person. However, you are still encouraged to report your concerns.
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Under the SSSC Codes of Practice for Social Service Workers, you have a duty to report any concerns that you have, even if the person asks you not to do this. You should explain that you will respect the person’s right to confidentiality and only pass on information to people who need to know when someone is at risk of harm. Never promise to ‘keep it to yourself’ as this could be placing the person and others at greater risk. Reporting is covered in more detail in the Reporting section.
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Do not try to investigate this yourself as you could make things worse. Investigations must always be carried out by specially trained co-workers, who have a detailed knowledge of legislation and ways to promote the safety of individuals.
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If there is a possibility that a crime has been committed, such as assault, it is important that the evidence of this is not altered as this may affect the chances of a prosecution. Therefore, you should not do anything that will alter the evidence, such as helping the person to wash or change clothes before being told that they can do so by someone investigating the situation.
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Further Steps
The Registered Manager must notify the Care Inspectorate within 24 hours via eForms,
The service’s Care Inspector may also be notified by e-mail or phone (0345 600 9527) Social Care direct must also be notified within 24 hours, along with the allocated social worker or duty team if relevant.
It is not Tigh a'Chomainn Camphill’s responsibility to investigate any protection issues relating to adults at risk of harm.
It is essential that where there is evidence or suspicion of physical or sexual abuse, the matter is immediately referred to the police to ensure that vital evidence is not destroyed.
Please refer to the multi-agency Guidelines for Protecting Vulnerable Adults: Ensuring rights and preventing abuse.
For all adults at risk with a named social worker, contact the relevant social worker or duty social worker for referral to the appropriate social work manager.
The local authority holds the lead responsibility for the duty of care and it is the social work manager’s duty to make a referral to the police in situations where there may be indications or a belief that a criminal offence has taken place. This must be clarified in each individual situation Tigh a'Chomainn Camphill employees should never assume that this will be done automatically by the social work team.
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References
The Adults with Incapacity (Scotland) Act 2000; The Criminal Law (Consolidation) (Scotland) Act 1995; The Data Protection Act 1998; The General Data Protection Regulation (GDPR) (EU) 2016; Disability Discrimination Act 1995; Equality Act 2010; The Human Rights Act 1998; The Mental Health (Care and Treatment) (Scotland) Act 2007; The Protection from Abuse (Scotland) Act 2001; The Public Interest Disclosure Act 2013; The Regulation of Care (Scotland) Act 2001: Regulation of Care Act 2001 (The Scottish Commission for the Regulation of Care), Protecting Vulnerable Adults Act 2004; Adult Support and Protection (Scotland) Act 2007, Protection of Vulnerable Groups (Scotland) Act 2007; Carers Recognition and Services Act 1995; Protection of Children & Young People (Scotland) Act 2014; Scottish Government Safer Recruitment guidelines ( 2016)