Safeguarding episode conclusion
The purpose of the Safeguarding Adults Procedure is to support people to feel safer, mitigate risks where possible and achieve their desired outcomes. Where actions are no longer needed within this procedure, it should be concluded. Ongoing activity to promote the persons safety can continue outside of the procedure as part of ongoing care and support planning, utilising the persons existing strengths assets and personal networks.
The Chair should ensure:
- the burden of proof should be consistent with the civil standard of proof which is on the “balance of probabilities”
- an overall case conclusion should be reached in discussion and liaison with attendees. These include:
- upheld
- not upheld
- Partially upheld
- Investigation ceased at individual’s request
Key considerations for the Safeguarding enquiry officer or chair when closing the case
- ensure records are accurate and up to date in line with internal policies and procedures and information sharing protocols
- ensure that the decision-making process refers to and has followed safeguard-ing policy and procedure
- ensure evidence, decisions and outcomes are recorded
- ensure that prior to close-down the enquiry has addressed the significant risks to each individual in the property
- ensure the adult at risk is fully informed of any decisions and any conclusion if appropriate
- ensure the person/organisation alleged to have caused harm are informed of any decisions where appropriate to do so.
- ensure all agencies have been appropriately informed
- ensure all relevant parties are informed of any conclusion and decisions reached
Record keeping and confidentiality
There is a duty for all agencies to maintain a record of all decisions taken relating to the process and the rationale for the decisions. Records may be disclosed in court as part of the evidence in proceedings or may be required if the Care Quality Commission (CQC) decides to take legal action against a provider. Therefore, records maintained by providers of services should be proportionate and available to service commissioners and regulatory authorities.
Lessons learned and good practice
Consideration should always be given to any partnership lessons or good practice that can be cascaded as shared learning.
The Darlington Safeguarding Partnership (DSP) reviews learning and improvement both locally and nationally. Good practice and lessons learned are reviewed within the Learning and Review sub-group and reported to the DSP with consideration to wider learning for all agencies.
There is an expectation that all parties involved in the safeguarding process consider any lessons for how agencies have worked together but equally any areas of good practice are identified to share. Good practice is deemed to be anything that is over and above the expected standards.
Information Sharing and Consent in Safeguarding
Information Sharing and consent in safeguarding
• Mental Capacity and Consent in Safeguarding and the legal duty to refer to the Local Authority
• Five key Principles of Assessing Mental Capacity
• The legal duty of the Local Authority to conduct enquiries
Responding to a safeguarding concern/referral without consent
• Best Interests Decision
• Public Interests Decision
• Vital Interests Decision
• Consent in an Emergency Situation