Protection of Service Users

Hayfield Support Services believes that service users should be safeguarded from all forms of abuse.  We recognise that while we must attempt at all times to protect service users from abuse and to identify and deal with specific instances of abuse that we must also always be aiming for the very best quality of care.  We will not be satisfied with anything which falls short of that standard even if it cannot be categorised specifically as “abuse”.  We will take every possible action to prevent abuse or to deal with it as promptly and effectively as possible if it occurs.  The course of action to be taken is set out specifically and Hayfield have a number of other written policies and procedures pertinent to service user care and well-being.  Please see policies listed at the conclusion of this document.

Aim of this Policy 

• To lay down for all relevant parties the principles and values underlying our approach to abuse of service users.

• The ways in which we hope to protect our service users and to avoid abuse taking place.

• The action which will be taken to deal with abuse if it occurs (to be reviewed regularly reviewed).

Defining Abuse

We recognise that abuse of service users may take the following forms:

• physical abuse.

• financial or material abuse.

• psychological or emotional abuse.

• sexual abuse.

• neglect.

• discriminatory abuse.

• self-harm.

• inhuman or degrading treatment.

• inappropriate or excessive restraint.

Identifying Abusers

We accept that abuse may be committed by a range of people. We have a responsibility for seeking to protect service users from all sources, which include:

• Staff and managers.

• Relief staff and volunteers.

• Visiting health and social care practitioners and other official visitors.

• Other service users.  (See Anti Bullying Policy)

• Service users’ friends and relatives.

• Individuals who have contact with our service users while they are temporarily outwith our premises.

The Role and Accountability of Staff in Relation to Abuse

All staff have a responsibility to:

• Provide service users with the best possible care.

• Desist from any abusive action in relation to service users.

• Report anything they witness or are made aware of, which is or might be abusive.

• Co-operate in every possible way in any investigation into alleged abuse.

• Participate in training activities relating to abuse and protection.

Managers have a responsibility to:

• Develop structures where it is possible to deliver the best possible care.

• Encourage a culture and ethos which is hostile to any sort of abuse.

• Produce and regularly revise policies and procedures to combat abuse.

• Operate personnel policies which identify, appropriately deal with, and if necessary, exclude from practice potential or actual abusers.

• Provide training for staff in all aspects of abuse and protection.

• Investigate any evidence of abuse speedily and sympathetically.

• Improve procedures if any investigation or review reveals deficiencies.

• Collaborate with other relevant agencies in combating abuse and improving the protection of service users.

Preventing Abuse from Occurring

Steps to prevent abuse from occurring will include:

• Setting out and making widely known our procedures for responding to suspicions or evidence of abuse.

• Operating personnel policies which ensure that all potential staff are rigorously checked, by the taking up of two references and clearance through Disclosure Scotland [and when the Scottish Vetting and Barring Scheme is introduced in Scotland, checks will be made of the Disqualified from Working with Vulnerable Adults List].

• Incorporating material relevant to abuse into staff training at all levels.

• Maintaining vigilance concerning the possibility of abuse of service users from whatever source.

• Encouraging a climate of openness and awareness amongst staff, residents and all other stakeholders which makes it possible to pass on concerns about behaviour which might be abusive or which might lead to abuse.

• Devising systems which minimise the risk of abuse of an individual by other service users by understanding and dealing appropriately with any form of aggression.

• Maintaining robust procedures for regulating any contact staff need to have with service users’ property, money or financial affairs.

• Communicating concerns to the appropriate officers of the Care Commission in accordance with relevant legislation [Adults with Incapacity (Scotland) Act 2000, Mental Health (Care and Treatment) Act 2003 and Adult Support and Protection (Scotland) Act 2007] and other authoritative professional guidance.

• Helping service users, as far as possible, to avoid or control situations or relationships which would make them vulnerable to abuse.

Identifying Actual or Possible Abuse

Hayfield aim to identify any instances of actual or possible abuse involving our service users by all possible means including:

• Fostering an open and trusting communication structure within day care and the residences, so that staff, service users and others feel able to discuss their concerns with someone authorised to take action.

• Ensuring that all staff and residents know whom they may turn to for advice and action if they become aware or suspect that abuse is occurring.

• Encouraging staff to recognise that a commitment to the highest possible standards of care must, when necessary, overrule loyalty to colleagues individually or corporately.

• Making it clear to staff that not to report incidents or suspicions of abuse is itself abusive and may lead to disciplinary or criminal proceedings.

• Operating systems of management, supervision, staff appraisal, internal inspection, observation and quality control which have the potential to reveal abuse where it exists.

Action when Abuse has occurred or is alleged to have occurred

If abuse is occurring or is alleged to have occurred, Hayfield will take swift action to limit the damage to service user(s) and to deal with the abuse, along the lines of the following steps.

1. A staff member who witnesses a situation in which a service user is in actual or imminent danger should use their judgment as to the best way to stop what is happening without further damage to anyone involved including themselves, either by immediately intervening personally or by summoning help.

2. Any staff to whom actual or suspected abuse is reported, or who is involved in a situation of abuse, has the responsibility to report the matter immediately to an appropriate senior member of staff.

3. The senior staff member will immediately take any further action necessary to provide protection, support or additional care to a service user who has been harmed.

4. The senior staff member will without delay consult with the manager (or depute) who should decide how the situation will be investigated and what further action is required immediately.

5. When the manager/depute receives any report of abuse, from a staff member or from any other source, they will either take personal responsibility for the matter or appoint an appropriately senior staff member to take action.

6. The manager will decide whether the alleged abuse might constitute criminal action, which will involve reporting the matter to the police and taking guidance from them as to the timing and conduct of any internal investigation, which may proceed alongside police action.

7. The manager will take steps to ensure that any further contact between the service user and the alleged abuser is terminated, suspended or at least rigorously monitored.

8. The manager will ensure that the needs of the alleged victim of the abuse (for any special or additional care, support or protection or for checks on health or wellbeing) are met at the outset and subsequently throughout the proceedings.

9. If the alleged abuser is a staff member, the manager will decide whether the person involved in the alleged abuse should be suspended from duty pending the outcome of the investigation, and in the event of them not being suspended, should ensure that for the time being they have no further unsupervised contact with any of the service users.

10. The manager will see that the situation is fully reported to the relevant officers of the Care Commission and to relevant health and social care authorities, and will establish if they wish to be involved in investigating the matter or to take separate action, and when and how they are to be updated as the situation develops.

11. The manager or investigating senior staff member will then consult the person who has or may have been abused to hear their account of what has occurred and their views about what action should be taken, involving the service user’s relatives, friends or representatives if that is appropriate and in accordance with the wishes of the service user.  The use of an appropriate interpreter or communicator or visual aids may be indicated for this stage and subsequent stages of the process.

12. The manager or investigating senior staff member will assure the person who has or may have been abused that they will be taken seriously, that the comments will as far as possible be treated confidentially, that they will be protected from reprisals and intimidation, and that they will be kept informed of action taken and of the outcome.

13. The manager or investigating senior member of staff will consider whether the service user needs independent help or representation in presenting their evidence and in conjunction with the Director, if necessary, will arrange for the appropriate help or support to be made available.

14. If the service user expressly states a wish that no further action should be taken, the manager or investigating senior staff member will consider, in collaboration with the Director, whether a danger to others exists from not investigating further, whether or not in the light of that assessment it is possible to follow the service user’s wishes, and whether in any case precautionary measures should be taken to protect others from the possibility of abuse from the same source.  The service user will be informed of what is to happen.

15. If it is decided that an investigation should proceed, the manager or investigating senior staff member will, as discretely and confidentially as possible, look into all aspects of the situation.

16. The investigation will include interviewing the staff involved in the incident up to that point, hearing and assessing evidence from any others who might be in a position to supply information, exploring every other possible source of evidence, maintaining appropriate contact with any other agencies involved, and if necessary seeking expert advice on any technical aspects of the situation which are outside the knowledge or expertise available within the organisation.

17. Any staff from whom evidence is taken will be assured that they will be dealt with in a fair and equitable manner and informed of their employment, legal and procedural rights.

18. The alleged victim of the abuse, and where appropriate their relatives, friends or representatives, will at all times be kept as fully informed as possible of what is happening regarding the suspected abuse.

19. The investigation will be carried out as quickly as possible and the findings presented to the manager (or Director) who will then decide what further action to take.

20. If it seems from the investigation that on the balance of probabilities abuse did indeed take place, the manager will, if the abuser is a staff member, initiate and carry through proceedings according to Hayfield’s Disciplinary policy or, if the abuser is not a member of staff, take action to involve other responsible bodies.

21. If abuse is proved against a staff member, the manager will initiate appropriate action, which might include dismissal, other employment sanctions, or retraining.

22. The service user will be informed of the outcome of the investigation and any further action and should be consulted about whether any redress or apology would be appropriate and helpful to them.

23. The manager will take appropriate steps to inform the Care Commission, any relevant health and local authorities and/or other relevant professional regulatory body of the outcome of the investigation and any further action taken.

24. At all stages of the process, a careful record will be kept of all action taken, paying particular attention to the sensitivity of the abused person.

Planning Further Action

At the end of an incident involving possible or actual abuse, managers should review what has happened with a view to assessing whether Hayfield’s management has been in any way culpable, ineffective or negligent and learn possible lessons for the way the organisation should operate in the future.  If necessary, Hayfield’s policies, procedures and training arrangements should be modified in response to any material which has emerged from the incident or the investigation.

Other Policies and Procedures relating to Abuse, Protection and Care

This policy should be read in conjunction with Hayfield’s other policies which relate to aspects of abuse, protection and care of service users.

These include:

• Protection of Children and Vulnerable Adults.

• Anti-Bullying.

• Practice Standards.

• Anti-Discriminatory Practice.

• Complaints.

• Physical Intervention.

• Service User Finance.

• Recruitment.

• Equal Opportunities.

• Staff supervision and appraisal.

• Whistle-blowing.

Contacts and sources of assistance

The Locality Manager

The Scottish Commission for the Regulation of Care

The Piazza

Smithhill Street                                        

Paisley

PA1 1EB.

Glasgow City Council

Centre for Sensory Impairment

Gullane Street

Partick

Glasgow.

Other social work, advocacy and victim support organisations as relevant.

Training

All staff will be encouraged to read this policy and related policies as part of their induction process and will be provided with training on abuse and protection during induction, probationary period and during CPD and other ongoing training.

To be Reviewed:  As Necessary