Conducting a S. 42 Enquiry Video Tutorial Sandy Hebdon ERSAB - - PDF document

▶
conducting a s 42 enquiry
SMART_READER_LITE
LIVE PREVIEW

Conducting a S. 42 Enquiry Video Tutorial Sandy Hebdon ERSAB - - PDF document

Dec 19, 2022 241 likes •382 views

21/05/2020 Safeguarding Adults Conducting a S. 42 Enquiry Video Tutorial Sandy Hebdon ERSAB Training Co-Ordinator www.ersab.org.uk Conducting a S.42 Enquiry Learning Objectives By the end of the session you should be able to: Outline

slide-1
SLIDE 1

21/05/2020 1

Safeguarding Adults

www.ersab.org.uk

Conducting a S. 42 Enquiry

Video Tutorial

Sandy Hebdon ERSAB Training Co-Ordinator

Conducting a S.42 Enquiry Learning Objectives

By the end of the session you should be able to:

www.ersab.org.uk

  • Outline the circumstances when a S42 enquiry may be ‘caused
  • ut’
  • Explain the objectives of the enquiry
  • List the sources of evidence which may be gathered in an

enquiry

  • Explain how to prepare, conduct and record an interview
  • Outline the factors to be included in the enquiry report
slide-2
SLIDE 2

21/05/2020 2

Safeguarding Adults

Resources Needed

For this session, you will need:

  • 1. A copy of the ‘MAP’ (‘Multi-Agency Procedure for the Safeguarding of Adults with Care and Support Needs.’) If you don’t have a copy to

hand, you can download a copy from our website and print if necessary. www.ersab.org.uk/policy-documents/#Regional-Guidance Page 48 onwards

  • 2. Consolidated Paperwork (This can be found at appendix 7 in the above document)
  • 3. Consolidated Paperwork Guidance

This can be downloaded from the address below. www.ersab.org.uk/reporting-abuse

  • 4. Access to the PowerPoint slides, which should accompany this video. You can either view them as you go along or print them off in

advance.

  • 5. A pen and a notebook or paper.

www.ersab.org.uk

Safeguarding Adults

www.ersab.org.uk

The Care Act Section 42 (2) Duty Placed on Local Authority

To make (or cause to be made) Whatever enquiries it thinks necessary to enable it to decide… Whether any action should be taken in the adult’s case and…. If so, what and by whom. .

slide-3
SLIDE 3

21/05/2020 3

Safeguarding Adults

www.ersab.org.uk

Independent Care Provider Conducting a ‘Caused Out’ S.42 Enquiry

Benefits

  • Know the adult
  • Know the staff and the system
  • Staff availability
  • Access to all documents
  • Quick completion

Possible Drawbacks

  • Potential Conflict of interest
  • Lack of Expertise
  • Misplaced loyalty
  • Lack of objectivity
  • Too busy

Safeguarding Adults

Mental Capacity and Consent

  • Start by assuming mental capacity to make the decision to give

INFORMED consent

  • Take all practicable steps to assist them to make a decision
  • If you believe they lack capacity for this decision, carryout a

mental capacity assessment (see next slide)

  • If the assessment indicates they lack capacity to make the

decision to give consent, use an advocate

  • Any decisions made should be in their best interests
  • Any actions taken should be in consultation with the adult and/or

advocate and should be the least restrictive option to achieve the

  • bjective

www.ersab.org.uk

slide-4
SLIDE 4

21/05/2020 4

Safeguarding Adults

www.ersab.org.uk

ASSESSING CAPACITY At a specific time and for a specific decision can a person…..

  • 3. Use/weigh the information as part of the decision making process
  • 4. Communicate the decision
  • 2. Retain the information

To have capacity, a person must be able to do all 4 things

  • 1. Understand the information relevant to the decision

P r a c t I c a b l e S t e p s

Safeguarding Adults

Making Safeguarding Personal

  • Enquiry should be person centred and outcome focused
  • Obtain informed Consent for the enquiry (separate from reporting

the concern)

  • If consent refused, consider the public interest
  • If proceeding under public interest, explain reason and still

include the adult in the process

  • Discuss the adult’s desired outcomes
  • Record their wishes and outcomes
  • Maintain liaison throughout the enquiry

www.ersab.org.uk

slide-5
SLIDE 5

21/05/2020 5

Safeguarding Adults

What are the Objectives of a S42 Enquiry ?

  • Establish all the facts
  • Establish if abuse or neglect has occurred and by whom
  • Aim to meet the desired outcomes of the adult at risk
  • Assess the needs of the adult for ongoing

protection/support

  • Make decisions regarding follow up action (e.g. DBS)

www.ersab.org.uk

Safeguarding Adults

Quiz Questions:

1. If a section 42 enquiry is ‘caused out’, who has the overall responsibility for the enquiry? (1 Point) 2. List 4 benefits of a ‘caused out’ enquiry (4 Points) 3. Name 2 factors that would make it unlikely that an enquiry would be ‘caused

  • ut’ to the referring organisation (2 Points)

4. True or False? If the adult has already given consent to report the concern about them, there is no requirement to obtain further consent to conduct an enquiry. (1 Point) 5. During a Mental Capacity Assessment, the adult would be assessed on their ability to do four things. Can you name them? (4 Points)

www.ersab.org.uk

slide-6
SLIDE 6

21/05/2020 6

Safeguarding Adults

Quiz Questions:

6. If an adult is assessed as lacking capacity to make the decision regarding the Sec. 42 enquiry, which of the following statements is true? (2 points) A You should continue with the enquiry as they haven’t actually refused consent B Proceed with the enquiry if you believe it’s in their best interests C Involve an advocate to help decide what is in the adult’s best interests D You can only proceed with the enquiry if it is in the public interest 7. Under ‘Making Safeguarding Personal,’ what should be ascertained from the adult before the enquiry gets underway and should be amongst the enquiry’s

  • bjectives? (2 Points)

8. Name four things which would normally be on your list of objectives for a Sec 42 enquiry (4 Points)

www.ersab.org.uk

Safeguarding Adults

Case Study At a review meeting on Wednesday 28.02.2018 it was reported that Miriam had not been given her Donepezil medication. Miriam lives in her own home and is supported by carers from a private care company. Miriam has a close relationship with her sister who lives locally. On Monday 05.03.2018 it was reported that the same carer had failed to administer the Donepezil (Alzheimer’s) medication on both Saturday and Sunday. Miriam has shown no adverse effects to the medication not being administered. Miriam doesn’t have capacity to administer her own medication.

www.ersab.org.uk

slide-7
SLIDE 7

21/05/2020 7

Safeguarding Adults

Case Study

  • 1. What makes this suitable to be caused out?
  • 2. If Miriam lacks mental capacity, how will the consent be
  • btained for the S42 Enquiry?
  • 3. If consent is not given, can you still proceed?
  • 4. What else should you consider before commencing the

enquiry?

  • 5. What further information would you like before

formulating your enquiry plan?

www.ersab.org.uk

Safeguarding Adults

What are the Objectives of a S42 Enquiry ?

  • Establish all the facts
  • Establish if abuse or neglect has occurred and by whom
  • Aim to meet the desired outcomes of the adult at risk
  • Assess the needs of the adult for ongoing

protection/support

  • Make decisions regarding follow up action (e.g. DBS)

www.ersab.org.uk

slide-8
SLIDE 8

21/05/2020 8

Safeguarding Adults

Enquiry Plan 1/2

  • 1. Check you have informed consent for the enquiry
  • 2. Establish Miriam’s desired outcomes
  • 3. Interview Carer 2
  • 4. Interview Miriam/Sister
  • 5. Check records of other clients of Carer 1
  • 6. Check employment record of Carer 1
  • 7. Check/photocopy all relevant documents
  • 8. Interview any other witnesses

www.ersab.org.uk

Safeguarding Adults

Enquiry Plan 2/2

  • 9. Draw up a chronology of events
  • 10. Interview Carer 1
  • 11. Ensure Miriam is updated with progress of the

enquiry

  • 12. Establish if there has been any change to her desired
  • utcomes
  • 13. Ensure Miriam has ongoing protection and support
  • 14. Take any necessary follow-up action to prevent

recurrence

www.ersab.org.uk

slide-9
SLIDE 9

21/05/2020 9

Safeguarding Adults

www.ersab.org.uk Alleged Perpetrator Allege d Victim Witnesse s Scene Weapon Photographs CCTV Clothing Medication Documents and Records Equipment Forensic

Abuse or Neglect Sources of Evidence

Safeguarding Adults

  • P lan and Prepare
  • E ngage and Explain
  • A ccount, Clarification and Challenge
  • C losure
  • E valuation

www.ersab.org.uk

PEACE Model of Interviewing

Pre-interview Interview Post-Interview

slide-10
SLIDE 10

21/05/2020 10

Safeguarding Adults

www.ersab.org.uk

Abuse

  • r

Neglect Past Presen t Future

Other Victims? Other Perpetrators ? How long has this been going on? Measures put in place to prevent a repeat 360 º View

Safeguarding Adults

Questioning Techniques

(Achieving Best Evidence)

  • Free Narrative- Allow interviewee to give an uninterrupted account of

what happened in their own words

  • Open Ended (TED) Questions – Tell, Explain, Describe – encourages

interviewee to use their own words on a specific subject

  • Open Questions (5WH) – who, what, when, where, why, how. Avoid

‘why’ if possible. Used to fill any gaps in account

  • Forced-Choice Questions – Providing possible answers when an

interviewee finds it difficult to respond to open questions

  • Closed Questions – Requiring an ‘either/or’ response or a yes/no

answer . Useful for clarification or fine detail

  • Leading Questions - A question which assumes an unestablished

fact or suggests the required answer. Little evidential value – avoid if possible. www.ersab.org.uk Best Evidence Poor Evidence

slide-11
SLIDE 11

21/05/2020 11

Safeguarding Adults

What are the Objectives of a S42 Enquiry ?

  • Establish all the facts
  • Establish if abuse or neglect has occurred and by whom
  • Aim to meet the desired outcomes of the adult at risk
  • Assess the needs of the adult for ongoing

protection/support

  • Make decisions regarding follow up action (e.g. DBS)

www.ersab.org.uk

Safeguarding Adults

Follow-Up Action

www.ersab.org.uk

  • Further Training
  • Team meeting
  • Increased supervision
  • Change of policy or procedure
  • Disciplinary action
  • Suspension
  • Dismissal
  • Disclosure and Barring (duty to refer)
slide-12
SLIDE 12

21/05/2020 12

Safeguarding Adults

Section D4 – Conclusions

  • Each allegation must have a conclusion
  • State how you have come to the relevant

conclusion

  • There should be one final conclusion for the
  • verall enquiry:
  • Risk removed
  • Risk reduced
  • Risk remains
  • No action taken

www.ersab.org.uk