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Wales’ safeguarding policy and practice: a critical analysis
- Author:
- PHILLIPS Carys
- Journal article citation:
- Journal of Adult Protection, 18(1), 2016, pp.14-27.
- Publisher:
- Emerald
Purpose: The safeguarding and protection components of the Social Services and Well-being (Wales) Act 2014 offers the culmination of four years consultation in England and Wales by the Law Commission and many years of evolving policy and practice with a view to protecting adults from harm. The purpose of this paper is to offer both scrutiny and challenge for Wales’ policy makers and practitioners alike. Design/methodology/approach: The paper is a critical analysis of both current responses and forthcoming changes. Findings: The paper proposes that Wales has failed to implement previous recommendations in relation to institutional abuse. Currently in Wales, there are individuals employed in safeguarding lead roles who have no social care qualification. This apparent “loophole” has not to date been highlighted to date by either of the regulatory bodies within Wales (CSSIW/CCfW). Research limitations/implications: The paper offers a viewpoint but leaves some questions unanswered. Practical implications: The Williams Review in April 2014 is set to change the local authority landscape in Wales. There is scope for developing the function of adult safeguarding. Social implications: Wales’ failure to recognize institutionalized abuse as a distinct category may have had impacted on its ability to respond to abuse in nursing and care as well hospital settings. (Edited publisher abstract)
Current policy and legislation in England regarding older people: what this means for older people with learning disabilities: a discussion paper
- Authors:
- TURNER Sue, UEKI Madeline Cooper
- Journal article citation:
- British Journal of Learning Disabilities, 43(4), 2015, pp.254-260.
- Publisher:
- Wiley
Background: This paper seeks to explore the opportunities and challenges generated by current policy, guidance and legislation in England relating to older people, in terms of the practical implications for older people with learning disabilities. Methods: Using the broad themes housing, employment, social inclusion and isolation, care and support, and promoting better health and well-being, this paper discusses potential practical opportunities and concerns for older people with learning disabilities arising from policy and legislation such as current initiatives regarding integration, personalisation and the dementia policy. Consideration is given to the implications of changing policy and practice for both current and future generations of people with a learning disability as they reach older age. Conclusions: This discussion paper concludes that whilst there is potential for older people with a learning disability to benefit from policy and practice aimed at improving the lives of older people generally, the tendency for policy to be targeted at specific groups without adequately considering the diversity of those groups often leaves those with a learning disability at the margins of being able to make the most of changes. (Publisher abstract)
Bill of no rights
- Author:
- COLLINS Jean
- Journal article citation:
- Community Care, 28.8.03, 2003, pp.32-33.
- Publisher:
- Reed Business Information
The author, director of Values into Action, critically evaluates the Mental Incapacity Bill. Argues that the Bill will take decision making even further away from those judged to lack capacity.
The great taboo: sexual abuse of older people; edited papers from a conference organised by Action on Elder Abuse on 21 October 1999, London
- Editor:
- MANTHORPE Jill
- Publisher:
- Action On Elder Abuse
- Publication year:
- 2000
- Pagination:
- 44p.
- Place of publication:
- London
Proceedings of a conference organised by Action on Elder Abuse, October 1999, London. Papers cover topics such as: what practitioners need to know about the normal sexuality of older people; lessons to be learned from the abuse of adults with learning disabilities; definition of sexual abuse and its particular implications for older people; current law and options for reform; and the particular support needs of older victims.
Lost in a no-man's land
- Author:
- MOORE Alison
- Journal article citation:
- Health Service Journal, 26.2.98, 1998, p.5.
- Publisher:
- Emap Healthcare
Reports on how a recent court ruling on a mentally ill patient's 'illegal' detention throws into question the ability to treat many psychiatric patients.
Report on incapable adults: report submitted under section 3(2) of the Law Commissions Act 1965; presented to Parliament by the Lord Advocate by command of Her Majesty, September 1995
- Author:
- SCOTTISH LAW COMMISSION
- Publisher:
- HMSO
- Publication year:
- 1995
- Pagination:
- 240p.
- Place of publication:
- Edinburgh
Examines the law in Scotland relating to decision making for people who are unable to decide for themselves, looks at what is wrong with the current system. Goes on to make suggestions and recommendations for improvements.
Out in the cold
- Author:
- MARCHANT Catriona
- Journal article citation:
- Community Care, 27.5.93, 1993, pp.24-25.
- Publisher:
- Reed Business Information
The law on social work intervention to protect elderly people or adults with learning difficulties who are at risk of abuse is confusing and often ineffective. The Law Commission are consulting on changes to the law concerning the public protection of mentally handicapped and other vulnerable adults. Far reaching proposals echo in part the Children Act. Looks at arguments for and against the proposals.
Mental capacity and deprivation of liberty: the Law Commission’s review of the deprivation of liberty safeguards
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 19(4), 2017, pp.220-227.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act. Design/methodology/approach: Summary Findings: The proposals contained in the Law Commision Review and proposals for law reform are outlined. (Publisher abstract)
The role of the general practice surgery in safeguarding adults
- Authors:
- GIBSON Jeremy C., et al
- Journal article citation:
- Journal of Adult Protection, 18(5), 2016, pp.288-298.
- Publisher:
- Emerald
Purpose: First, the authors summarise arrangements expected from general practice (GP) surgeries, to optimise their safeguarding adults role. Second, using case-based discussions, the authors present specific safeguarding pathways (through which the authors have produced a downloadable interactive app) that the authors have developed to help Derbyshire GPs respond appropriately to safeguarding adults concerns. Third, the authors present the Derbyshire clinical commissioning Groups’ (CCG) approach to seeking assurance from their GPs that they have effective safeguarding adults arrangements in place. The paper aims to discuss these issues. Design/methodology/approach: The authors have based the paper on relevant current UK legislation and national guidance, the local approach to seeking assurance from GP surgeries; the authors adjusted the pathways on the basis of feedback received from eight out of 103 (7.76 per cent response rate) Derbyshire GP safeguarding leads who responded to an e-mail containing draft pathways. Findings: Primary care staff are ideally placed to identify safeguarding adults issues and to act to protect those who are at risk of abuse or neglect. Originality/value: The authors are unaware of any other paper that does all of the following: summarises policies GP surgeries should implement regarding safeguarding adults; details core competencies required of GPs regarding safeguarding adults; presents how CCGs can seek assurance from GP surgeries regarding safeguarding adults; and presents straightforward pathways for specific safeguarding adults scenarios. In one paper, now published in the British Journal of General Practice, the authors presented a generic safeguarding adults pathway. (Publisher abstract)
Preventing abuse through pre-employment checks: an international review
- Authors:
- MANTHORPE Jill, LIPMAN Valerie
- Journal article citation:
- Journal of Adult Protection, 17(6), 2015, pp.341-350.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to summarise the findings of a desk-based international review investigating the checking of staff and volunteers working with adults who are vulnerable or at risk (or similarly defined) receiving social care in their own homes, or in day centres or residential care. Design/methodology/approach: In England, as part of the government’s attempts to prevent harm to vulnerable people, employers must check if their staff or volunteers are barred from working with vulnerable adults in the health and care sectors or if they have a relevant criminal record. This review sought to explore practices elsewhere, with a view to informing policy and practice debates. The review was undertaken in winter 2014-2015. It mainly involved a search of internet-based material and databases. This was further informed by communications with experts and practitioners from different countries. Findings: The review found a variety of practices, ranging from no checks to substantial checks involving fingerprinting. Reasons for checks identified in different national contexts extend from efforts to stop fraudulent use of government subsidies to minimising the risk of harm to vulnerable adults, and more positively to enhance user and public trust in care providers. A small number of countries place particular emphasis on the rights of individuals to privacy and rehabilitation and this moral imperative overrides other policy goals. This review highlighted a lack of clarity in publicly available documents about the potentially multiple policy goals of different schemes and suggests that there may be advantages to clarifying the options available from other countries. Research limitations/implications: This review was confined to English language material and to material located through internet searching. Some material may not have been updated on internet sites. Originality/value: The details of the processes have not previously been collated to the best of the authors’ knowledge. (Publisher abstract)