Evidence Review - Adult Safeguarding
February 2013
Written by Institute of Public Care
Published by Skills for Care
1
Evidence Review - Adult Safeguarding
Report
Contents
Executive Summary .................................................................................................... 4
2
Introduction........................................................................................................ 11
3
Definition ........................................................................................................... 11
4
Policy context and guidance .............................................................................. 13
A: Methodology......................................................................................................... 19
1
Search strategy ................................................................................................. 19
2
Extent ................................................................................................................ 20
3
Quality assessment ........................................................................................... 21
4
Range ................................................................................................................ 21
5
Nature of evidence identified ............................................................................. 22
6
Limitations of the review .................................................................................... 23
B:
Synthesis of Evidence ....................................................................................... 24
1
Introduction........................................................................................................ 24
1.1
Policy in practice.......................................................................................... 24
1.2
Incidence and prevalence ............................................................................ 27
1.2.1
Client group........................................................................................... 27
1.2.2
Type of abuse ....................................................................................... 29
1.2.3
Setting ................................................................................................... 31
1.2.4
Perpetrators .......................................................................................... 33
1.2.5
Response .............................................................................................. 35
1.3
Risk factors .................................................................................................. 35
1.4
Staff perceptions and understanding ........................................................... 38
1.5
Effect on staff of adult safeguarding ............................................................ 41
1.6
Prevention: POVA, training, and multi-agency working ............................... 42
1.6.1
POVA .................................................................................................... 42
1.6.2
Training ................................................................................................. 45
1.6.3
Multi-agency working ............................................................................ 51
1.7
Models of care ............................................................................................. 53
1.7.1
Adult protection coordinators ................................................................ 53
1.7.2
Croydon Care Home Support Team ..................................................... 54
2
1.7.3
Performance monitoring ........................................................................ 54
1.7.4
Thresholds framework .......................................................................... 55
1.7.5
Vulnerability checklist ............................................................................ 55
1.8
Risk assessment and personalisation ......................................................... 56
1.9
Deprivation of Liberty Safeguards and Mental Capacity Act........................ 58
1.9.1
Implementation of the Mental Capacity Act ........................................... 58
1.9.2
Best Interests Decisions ....................................................................... 59
1.9.3
Deprivation of Liberty Safeguards ......................................................... 60
1.9.4
Staff understanding and practice .......................................................... 60
1.10
Serious case reviews and lessons learned .............................................. 62
2
What are the gaps in the evidence base? ......................................................... 68
3
Conclusion......................................................................................................... 68
C:
References ........................................................................................................ 71
3
Executive Summary
Introduction
This review was commissioned by Skills for Care’s Workforce Innovation Programme
which explores how people’s care and support needs change and how the workforce
has to adapt to meet the challenges that change can present.
The key questions that the evidence review aimed to address with reference to adult
safeguarding and the social care workforce were:
What are current reported practices to support workforce intelligence, planning
and development?
What works, and what does not work, in current practice to support workforce
intelligence, planning and development?
What are the key characteristics of effective practice in workforce intelligence,
planning and development?
What are the gaps in the evidence base?
Adult safeguarding was defined as: ‘a range of activity aimed at upholding an adult’s
fundamental right to be safe at the same time as respecting people’s rights to make
choices. Safeguarding involves empowerment, protection and justice... In practice
the term “safeguarding” is used to mean both specialist services where harm or
abuse has, or is suspected to have, occurred and other activity designed to promote
the wellbeing and safeguard the rights of adults.’ (Improvement and Development
Agency & Centre for Public Scrutiny, 2010).
Methodology
The review followed the Civil Service rapid evidence assessment methodology1.
Having formulated the questions to be addressed by the review and developed a
conceptual framework, inclusions and exclusion criteria were agreed. Articles
published in 2002 or later, relevant to the review questions were included. Studies
were excluded if they were not relevant, for example: health focused; concerned with
children rather than adults.
A wide range of databases, web-sites and grey literature were searched and
screened, using search terms related to adult safeguarding, adult protection and
workforce, staff and training. Experts in the field were also asked to identify relevant
1
http://www.civilservice.gov.uk/networks/gsr/resources-and-guidance/rapid-evidenceassessment/what-is
4
studies. After screening of abstracts and assessment of full texts, 81 full texts were
included in the synthesis for the review.
Results
Overall, much of the evidence on workforce and adult safeguarding is based on a
limited number of studies and cases. Much of the work reviewed was of little specific
relevance to the social care workforce. Most studies were qualitative, concerned with
obtaining views and experiences. Control groups were rarely used for comparison.
Much of the grey literature was focused on good practice and guidance. The
evidence came mainly from the UK, as the policy and organisational context for
overseas studies was so different.
Ten broad themes were identified:
Policy in practice
A number of studies from around the UK indicate the gap between policy and
implementation in respect of adult safeguarding.
There is good evidence that:
There are gaps between policy on adult safeguarding and the implementation of
policies and procedures at the local level.
There is some evidence to support:
Staff follow procedures in clear or extreme cases but may rely on their own
judgement in more complex cases.
Incidence and prevalence
Discovering the incidence and prevalence of abuse perpetrated against vulnerable
people is inherently difficult. Studies involved different populations, sampling
strategies, means of data collection, measures and definitions of abuse.
There is good evidence that:
Older people are the main group receiving adult safeguarding, followed by people
with learning disabilities, physical disabilities and sensory impairment, and people
with mental health conditions.
5
Physical abuse, and multiple abuse involving physical abuse, are the most
frequent forms of reported abuse.
Physical abuse is the most frequent type of reported abuse in residential settings.
Financial abuse is the most frequent type of reported abuse in domiciliary
settings.
There is some evidence to support that:
Male staff are over-represented in referrals for abuse.
Risk factors
There are a number of risk factors associated with the need for adult safeguarding,
and some types of clients appear to be at greater risk in particular settings of
particular types of abuse.
There is good evidence that:
Older women, people living in residential care, and people in out of area
placements are at greater risk of abuse.
There is some evidence to support that:
A range of risk factors include: staff and client characteristics, staffing levels and
use of agency staff, weak management and leadership, low levels of training and
development, organisational environment, geographical isolation.
Staff perceptions and understanding
Staff perceptions and understanding of abuse and safeguarding procedures have
been the subject of some research and there are notable variations among staff.
There is some evidence to support that:
Staff understanding of what constitutes abuse varies: most staff are aware of
physical, psychological, financial and sexual abuse, but less aware of neglect
and service user to service user abuse.
Lack of confidence is a barrier to reporting abuse and whistle-blowing.
6
Effect on staff
There has been relatively little research into the effect of adult safeguarding action on
staff.
There is some evidence to support that:
Safeguarding procedures are stressful for staff, managers and clients.
There is a lack of support for staff exonerated following an accusation of abuse.
Prevention, for example Protection of Vulnerable Adults (POVA), training, and
multi-agency working
Although it is unlikely that the abuse of vulnerable adults will ever be completely
prevented, there has been research which covers a number of factors associated
with prevention.
There is good evidence that:
Safeguarding is an increasing component of staff training in adult social care.
There is some evidence to support that:
A significant minority of people employing personal assistants with direct
payments are not thorough in vetting candidates.
Low levels of staff training are a risk factor for abuse.
Training improves knowledge of safeguarding by nearly 20%.
Multi-agency working is associated with higher levels of adult safeguarding
referrals.
Insufficient information-sharing impedes effective multi-agency working.
Models of care
A number of models and initiatives are described in the literature on adult
safeguarding, in particular: Adult Protection Coordinators; Croydon Care Home
Support Team; performance monitoring; a thresholds framework; and a vulnerability
checklist.
There is insufficient evidence to support or reject:
7
A causal link between specialist Adult Protection Coordinators and better
safeguarding referral rates.
A causal link between specialist multi-disciplinary teams and reduced levels of
abuse in care homes
A causal link between performance monitoring and a reduction in referrals for
neglect.
Risk assessment and personalisation
The consultation report on No Secrets (DH, 2009), found that people are concerned
about the balance between safeguarding and personalisation. A number of studies
have identified a tension between risk and choice in adult safeguarding. Overall,
there appears to be widespread uncertainty and a lack of evidence in how
professionals can best support different groups of services users in positive risk
taking in the context of personalisation.
There is good evidence that:
Social care practitioners experience dilemmas and tensions in balancing a
positive approach to risk taking with their safeguarding responsibilities.
There is insufficient evidence to support or reject that:
How the implementation of personalisation and personal budgets affects adult
safeguarding.
Deprivation of Liberty safeguards and Mental Capacity Act
The Deprivation of Liberty Safeguards (DOLS) came into force in April 2009 and
applies to people lacking capacity who are likely to be deprived of their liberty for the
purpose of being given care or treatment in a care home or hospital.
There is good evidence that:
There is limited awareness of the Mental Capacity Act, Deprivation of Liberty
Safeguards and Lasting Power of Attorney and lack of clarity about the legal
obligations for staff.
Serious case reviews and lessons learned
8
There is no publicly available database for Serious Case Reviews and the thresholds
for which cases require a Serious Case Review do not appear to be clear. However,
there have been a number of surveys and analysis of individual and groups of
Serious Case Reviews.
There is good evidence that:
Areas highlighted in Serious Case Reviews include: staff training and
supervision, multi-agency communication, roles and responsibilities, risk
management and assessment, whistle-blowing, organisational culture, use of
agency staff.
There is some evidence to support that:
Experience of safeguarding incidents is used to improve practice at the local
level.
Conclusions
The policy landscape has changed considerably over the 10 years covered by the
evidence review: from ‘No Secrets’ to a new programme of action in the wake of the
Winterbourne View review and a proposed new safeguarding duty in the draft Care
and Support Bill.
The evidence review indicates the need for better staff understanding of what
constitutes abuse and how best to respond to it. But there is a serious lack of robust
evidence about how best to equip staff with the knowledge and skills required to
recognise and respond effectively to abuse in order to safeguard adults at risk, and
equally little known about which approaches to prevention and models of care are
most effective
The introduction of personal budgets and personalisation, the Mental Capacity Act,
Deprivation of Liberty Safeguards and Lasting Power of Attorney, create new
workforce challenges. Serious Case Reviews provide a potentially valuable source
of evidence of what does not work. However, analysis has been relatively
unsystematic in the absence of a national database.
In conclusion, the evidence review identified a wide range of research studies both
quantitative and qualitative but found only a couple of systematic reviews.
Nevertheless, it endeavoured to identify a range of relevant evidence about current
9
practice, what works and what are the key characteristics of effective practice, and
where the gaps in the evidence base exist in relation to adult safeguarding and the
social care workforce.
10
1
Introduction
This paper presents the results of an evidence review of studies of workforce and
adult safeguarding, and forms one of four evidence reviews commissioned by Skills
for Care. These reviews are intended to facilitate the Skills for Care Workforce
Innovation Unit in taking its work forward, based on a sound knowledge base with a
clear understanding of what workers need to know and what the key issues are for
the workforce. Each evidence review will be followed by a resource mapping and
assessment exercise which enables Skills for Care to identify where there are gaps
in materials and resources, and where there are good quality relevant materials
already in existence.
The review is focused on adult safeguarding, particularly in relation to people with
learning disabilities and people with dementia. However, it also recognises other
groups, such as people who with mental health conditions. Few have had workforce
issues as their main focus.
The key questions that the evidence review seeks to address with reference to adult
safeguarding and the social care workforce are:
2
What are current reported practices to support workforce intelligence, planning
and development?
What works, and what does not work, in current practice?
What are the key characteristics of effective practice?
What are the gaps in the evidence base?
Definition
The definition of adult safeguarding has broadened from concern for vulnerable
adults receiving community care services, to cover adults in vulnerable situations
arising from a range of causes and circumstances, including those who have never
had contact with, or need of, care services.
The Adult Safeguarding Scrutiny Guide (Centre for Public Scrutiny & Improvement
and Development Agency, 2010) defined adult safeguarding in terms of four kinds of
activity:
Prevention and awareness raising
Inclusion
11
Personalised management of benefits and risks including support to enable
people to manage risks and benefits when they are organising adult social care
services.
Specialised safeguarding services.
‘“Safeguarding” is a range of activity aimed at upholding an adult’s fundamental right
to be safe at the same time as respecting people’s rights to make choices.
Safeguarding involves empowerment, protection and justice... In practice the term
“safeguarding” is used to mean both specialist services where harm or abuse has, or
is suspected to have, occurred and other activity designed to promote the wellbeing
and safeguard the rights of adults’ (Improvement and Development Agency & Centre
for Public Scrutiny, 2010).
Of equal importance to a review of adult safeguarding and the social care workforce
is therefore a definition of what constitutes harm or abuse. While the research
literature indicates that in practice, this varies widely, ’No Secrets’, the Department of
Health’s guidance on developing and implementing multi-agency policies and
procedures to protect vulnerable adults from abuse (DH, 2000) defined abuse as: “a
violation of an individual’s human and civil rights by another person or persons”. It
includes the following sub-categories of abuse: physical, psychological, sexual,
financial, discriminatory abuse and neglect, and specifies that abuse is either an
individual or repeated act(s) or omission(s).
Risk is another important concept in relation to adult safeguarding. The Law
Commission’s review of Adult Social Care Legislation (2010) introduced a definition
of Adults at Risk for consultation where an adult at risk could be defined as:
(1) a person aged 18 or over and who:
(a) is eligible for or receives any adult social care service (including carers’
services) provided or arranged by a local authority; or
(b) receives direct payments in lieu of adult social care services; or
(c) funds their own care and has social care needs; or
(d) otherwise has social care needs that are low, moderate, substantial or
critical; or
(e) falls within any other categories prescribed by the Secretary of State or
Welsh Ministers; and
(2) is at risk of significant harm, where harm is defined as ill-treatment or the
impairment of health or development or unlawful conduct which appropriates or
12
adversely affects property, rights or interests (for example theft, fraud, embezzlement
or extortion).
This is a revision of the definition of vulnerable adult contained in No Secrets (DH,
2000) as someone over the age of 18 who:
“is or may be in need of community care services by reason of mental or other
disability, age or illness, and is or may be unable to take care of him or herself,
or unable to protect him or herself against significant harm or exploitation.”
This new proposed definition potentially extends adult safeguarding to a wider group
of people, such as those forced into marriage, or trafficked. It also promises a role in
adult safeguarding to a wider workforce.
3
Policy context and guidance
Current policy on adult safeguarding in England has its origins in No Secrets (DH,
2000). Local councils, working with other agencies, have a responsibility to
investigate and take action to prevent abuse. The policy context and framework has
changed considerably since then.
In 2011, the government published a statement of policy on adult safeguarding (DH,
2011) which states:
“The Government’s policy objective is to prevent and reduce the risk of significant
harm to vulnerable adults from abuse or other types of exploitation, whilst supporting
individuals in maintaining control over their lives and in making informed choices
without coercion.”
“The Government believes that safeguarding is everybody’s business .....Measures
need to be in place locally to protect those least able to protect themselves.
Safeguards against poor practice, harm and abuse need to be an integral part of care
and support. We should achieve this through partnerships between local
organisations, communities and individuals.”
The statement sets out seven principles for adult safeguarding: empowerment,
protection, prevention, proportionality, partnership, and accountability. In terms of
outcomes, this means that staff: are made aware, through appropriate training and
guidance, of how to recognise signs and take action to prevent abuse occurring;
understand what is expected of them and others; as well as being supported to use
13
professional judgement to manage risk. For organisations, this means a “one” team
approach that places the welfare of individuals above organisational boundaries;
effective local information-sharing and multi-agency partnership arrangements; and a
recognition of their responsibilities for safeguarding arrangements.
The Department of Health published a consultation on the new safeguarding power
in 2012. The draft Care and Support Bill includes a proposed duty on local
authorities to make enquiries where there is a safeguarding concern. It states that
local authorities “must make (or cause to be made) whatever enquiries it thinks
necessary to enable it to decide whether any action should be taken.” The draft Bill
includes a proposed duty of co-operation and partnership working between local
authorities, police and health services (DH, Consultation 2012).
Since September 2012, changes to the definition of a regulated activity as defined in
the Safeguarding Vulnerable Groups Act 2006 has restricted the number of people
eligible for an enhanced Criminal Records Bureau (CRB) disclosure and Independent
Safeguarding Authority (ISA) barred list check: some office workers will no longer be
eligible for checks. The CRB and ISA merged to form the Disclosure and Barring
Service at the end of 2012. A system of portability is to be introduced in 2013 where
employers will be able to check whether any new information is held on an applicant
online.
These developments have coincided with the Department of Health’s Winterbourne
View Review Concordat: Programme of Action (DH, 2012) which set out a
programme of action to be completed by June 2014 including:
14
“Improving the quality and safety of care:
DH commits to putting Safeguarding Adults Boards on a statutory footing and to
supporting those Boards to reach maximum effectiveness;
All statutory partners, as well as wider partners across the sector will work
collaboratively to ensure that safeguarding boards are fully effective in
safeguarding children, young people and adults;
Over the next 12 months all signatories will work to continue to improve the skills
and capabilities of the workforce across the sector through access to appropriate
training and support and to involve people and families in this training, eg through
self-advocacy and family carer groups.
Regulation and inspection of providers will be tightened:
CQC will use existing powers to seek assurance that providers have regard to
national guidance and good models of care.”
Provider representative organisations which signed the concordat undertook to:
“publish plans that support our members to provide good quality care across health,
housing and social care, as set out in the model of care and including:
safe recruitment practices which select people who are suitable for working with
people with learning disabilities or autism and behaviour that challenges;
providing appropriate training for staff on how to support people with challenging
behaviour;
having appropriately trained, qualified and experienced staff,
providing good management and right supervision;
providing leadership in developing the right values and cultures in the
organisation and respecting people’s dignity and human rights as set out in the
NHS Constitution;
identifying a senior manager or, where appropriate, a Director, to ensure that the
organisation pays proper regard to quality, safety and clinical governance for that
organisation.”
Although there is no specific legal or practice framework for adult safeguarding at
present, a range of other legislation and guidance since 2000 touches on aspects of
adult safeguarding:
15
The Care Standards Act 2000 and associated regulations required care providers
to ensure they had in place proper arrangements to protect people in their care
from the risk of harm or abuse.
The Domestic Violence, Crime and Victims Act 2004 explicitly states that it is a
criminal offence to physically or sexually abuse, harm or cause deliberate cruelty
by neglect of a child or an adult.
The Mental Capacity Act 2005 and Achieving best evidence in criminal
proceedings: guidance for vulnerable or intimidated witnesses (Home Office,
2002, revised most recently in 2011) both aim to empower and protect vulnerable
people and enable better access to justice, including the introduction of a new
criminal offence of wilful neglect or mistreatment.
Skills for Care introduced a compulsory module on recognising and responding to
abuse and neglect as part of Common Induction Standards in 2005, refreshed in
2010.
Safeguarding Vulnerable Groups Act 2006 addressed the need for a single
agency to vet all individuals who want to work with children and adults. The
Independent Safeguarding Authority was created to fulfil this role across
England, Wales and Northern Ireland. A new Independent Safeguarding
Authority replaced the Protection of Vulnerable Adults (POVA) scheme with a
more comprehensive system and aims to ensure a safe workforce for those who
work with vulnerable adults.
Valuing People and the consultation document Valuing People Now (DH, 2007)
has four underlying principles for policy on people with learning disabilities: rights,
independence, choice and inclusion. Any intervention aimed at safeguarding
people must respect and strengthen an individual’s rights and freedoms.
The White Paper Our Health, Our Care, Our Say (DH, 2006) emphasised the
importance of people having more choice and control over their lives including
those people who have experienced abuse or who need safeguarding from a risk
of abuse.
The report of the consultation on safeguarding adults resulting from the review of
‘No Secrets’ (DH, 2009) set out a ‘‘vision of an inclusive society with opportunities
and justice for all’’, exploring a future for adult safeguarding that is empowering
and person-centred, preventive and wide-ranging.
A Vision for Adult Social Care: Capable Communities and Active Citizens (DH,
2010) outlines the government’s vision for providing protection including sensible
safeguards against the risk of abuse or neglect. Risk is no longer an excuse to
limit people’s freedom.
16
The DH briefing paper on Practical Approaches to Personalisation and
Safeguarding (2010) advocates that: “Personalisation and risk management
should work hand in hand...” emphasising a focus on prevention, making safety
an integral part of self-directed support processes, encouraging positive attitudes
to enabling people to manage their personal budget through a direct payment
whenever possible, and developing multi-agency approaches and work with
regulators.
Additional existing legislation that can and is being used to safeguard adults includes:
the Police and Criminal Evidence Act 1984, Criminal Justice Act 1988, the Fraud Act
2006, the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act
2004, the Protection of Freedoms Act 2012, and health and safety at work legislation.
Other resources include:
Safeguarding adults: a national framework of standards (ADSS et al, 2005) sets
out good practice for social services departments. The standards have been
adopted by many local authorities and their partners, but are not obligatory. They
include: the establishment of multi-agency partnerships to lead Safeguarding
Adults work and a workforce development / training strategy and with appropriate
resources.
ADASS published an advice note to support Directors of Adult Social Services in
their leadership role regarding adult safeguarding (ADASS, 2011) with
recommendations for Directors to consider reviewing their Workforce Strategy to
ensure it supports the workforce to be competent in safeguarding adults.
ADASS (undated) produced 20 top tips aimed at the local authority as the lead
agency but also refer to all multi-agency partners, to make an area safer for
vulnerable adults, including quality assurance, training needs, risk assessment
and management, and capacity.
The Adult Safeguarding Scrutiny Guide (CfPS & IDeA, 2010) underlines the need
for a holistic approach where all service providers and sectors are alert to
safeguarding issues and coordinate their work effectively.
CSCI’s Safeguarding Adults (2008) provides recommendations on adult
safeguarding for councils and care providers on policies and procedures,
information-sharing, workforce development and recruitment.
Action on Elder Abuse’s adult protection toolkit (2012) for domiciliary care
providers signposts homecare providers to information, national guidance,
policies and procedures, recruitment and training.
17
ADASS and the South West Regional Improvement and Efficiency Partnership
developed a safeguarding and personalisation framework with safeguarding and
personalisation leads, people using services and other key partners (Richards
and Ogilvie, 2010).
Skills for Care’s knowledge set of key learning outcomes for training staff on
safeguarding of vulnerable adults seeks to ensure that care workers understand:
The role, responsibilities, boundaries of the worker with regard to safeguarding
individuals from danger, harm and abuse.
The role, responsibilities, boundaries of the worker with regard to recognising
potential and actual danger, harm and abuse.
The role and responsibilities of others with regard to safeguarding individuals
from danger, harm and abuse. This includes the role of social services and the
regulator;
The sources of support for the worker following disclosure or discovery of abuse,
including within the service setting and outside of that setting;
The different types of abuse and harm;
That anyone may be at risk of abuse, but especially those who are lacking mental
awareness or capacity, are severely physically disabled, or have other sensory
impairments;
The importance of recognising indicators of harm and abuse, such as physical
signs or psychological changes;
The factors which can affect the individual, carer or social care worker that can
lead to harm or abuse, such as illness, sleep deprivation or stress;
The effects of abuse on individuals, such as lack of self esteem and withdrawal,
depression.
Structure of the review
The evidence review is presented in three sections:
Section A: Methodology (including search strategy).
Section B: Synthesis of evidence review
Section C: References.
18
A: Methodology
1
Search strategy
Searches were undertaken of the: Web of Knowledge, Cinahl, and SCIE Social Care
Online, Social Services Abstracts, and Google Scholar databases, Department of
Health, Skills for Care, Skills for Health, SCIE, Centre for Workforce Intelligence,
Joseph Rowntree Foundation, Research in Practice for Adults, King’s College Social
Care Workforce Unit websites. In addition, a systematic search of the Journal of Adult
Protection was conducted.
A wide definition of adult safeguarding was used to include any relevant evidence on
risk management, implementation of the Mental Capacity Act, deprivations of liberties
safeguards, leadership and organisational culture. Wider issues around
organisational culture and leadership in providing the climate for good practice
around adult safeguarding were considered relevant to safeguarding. These were
included in keyword searches for this topic. In addition, reports on serious case
reviews relating to adults were included in our search in so far as they related to
workforce.
A variety of search terms were used appropriate to the different databases For Web
of Knowledge the following words were used:
Search words
Number of results
Adult safeguard* work*
75
Adult safeguard* staff*
28
Adult safeguard* train*
22
"Adult protection" work*
26
"Adult protection" staff*
13
"Adult protection" train*
5
"Social care" workforce risk
6
"Social care" staff* risk
36
"Social care" train* risk
27
“Deprivation of liberty” safeguard
17
“Mental capacity act” implement*
25
19
“Organiz/sational culture” “social care” safeguard*
0
Leadership “social care” safeguard
0
“Serious case reviews”
11
In other databases, where fewer studies are located, the search was widened by
using less restrictive terms in order to generate a good range of studies.
In addition, a number of experts in the area were contacted for their suggestions of
relevant papers. We are very grateful to Vic Citarella, Claudine McCreadie and
Margaret Sheather for their suggestions of relevant articles and journals. This
contributed to a wider search of the grey literature related to this topic.
2
Extent
The initial search of databases using the search words set out in the conceptual
framework paper (ie, published in 2002 or later, relevant to the adult social care
workforce and the key questions etc) resulted in over 300 abstracts being identified.
In some cases, more than one paper related to the same study. From the initial
screening, some papers were excluded as not relevant on the grounds that they were
not relevant or poor quality studies. These were not included for further screening.
After screening of abstracts, this number was reduced to 90 separate papers. The
search of websites and discussions with experts produced another 18 further
separate papers after initial screening.
The screening of the full texts reduced the number of documents for synthesis to 81.
Full texts were excluded where: they were looking at health – in particular –
psychiatry, law and safeguarding children; concerned with non-workforce aspects of
policy; not relevant to the UK; or of poor quality.
While there is a considerable volume of material on the extent of adult safeguarding,
there is less on effective prevention and training of the workforce. Where concerned
with a specific group, the great majority of papers are related to workforce and
learning disability or dementia. Few papers were identified relating to workforce and
mental health, domestic violence or other groups. This appears to be because these
have not always been seen in terms of adult safeguarding.
20
3
Quality assessment
For those abstracts meeting the basic screening requirements, we assessed the full
text in terms of overall quality, key findings and key recommendations. This was
recorded on a standard template.
For all research, we used a similar approach to grading material as recommended in
Think Research2 (which we advised on). This grades research evidence on a five
point scale where: 1 = personal testimony or practice experience, 2 = client opinion
study or single case design, 3 = quasi-experimental study or cross-sectional study or
cohort study, 4 = randomised controlled trial, and 5 = systematic review or metaanalysis.
In terms of qualitative research, there has been considerable debate over what
criteria should be used to assess quality3 and concern to avoid a rigidly procedural
and over-prescriptive approach. We therefore adopted the four key principles which
Spencer et al 4 advise should underpin any framework:
Contributory – advancing wider knowledge or understanding
Defensible in design – an appropriate research strategy for the question posed
Rigorous in conduct – systematic and transparent data collection and analysis
Credible in claim – well-founded and plausible arguments about the significance
of the evidence generated.
Thus we scored qualitative research in terms of these four principles with a maximum
of four points where all four principles were satisfied.
4
Range
There is some research into the extent of abuse and the need for adult safeguarding
– including a survey of the extent of elder abuse.
The main areas to have emerged in the abstracts search include:
2
Cabinet Office Social Exclusion Task Force (2008) Think Research: Using research evidence to
inform service development for vulnerable groups
3
Long A & Godfrey M (2004) An evaluation tool to assess the quality of qualitative research studies,
International Journal of Social Research Methodology, 2004, vol 7, 2, pp 181-196
4
Spencer L, Ritchie J, Lewis J & Dillon L (2003) Quality in Qualitative Evaluation: a framework for
assessing research evidence: a quality framework, Cabinet Office Strategy Unit.
21
Policy in practice.
Client groups: people with learning disabilities, older people, and people with
dementia.
Types of abuse: physical, verbal, financial, sexual, institutional, neglect.
Types of setting/provider for safeguarding: care homes, home care, social
workers.
Risk factors.
Effects on staff.
Models of care.
Deprivation of Liberty safeguards and Mental Capacity Act.
Staff perceptions and understanding.
Prevention, for example, POVA, training, and multi-agency working
Risk and personalisation.
Serious case reviews and lessons learned.
There appears to be a focus on people with learning disabilities and people with
dementia as the main groups requiring safeguarding.
5
Nature of evidence identified
Most studies were qualitative in nature, concerned with obtaining views and
experiences. In spite of the volume of material, there appear to be few high quality
research papers and few reviews (systematic or otherwise) of the available literature
in the UK. Studies from outside the UK were excluded as of limited relevance to the
specific organisational and cultural context. Much of the considerable amount of grey
literature is focused on promotion of good practice and guidance.
It should be borne in mind that the review covers a ten year period during which time
there have been a number of developments in policy and service provision. This
means that the earliest studies will have been undertaken in a very different context
from the most recent ones. Studies also differ in terms of the diverse roles of staff in
different settings and service models.
The evidence reviewed for this study can be broken down as follows:
Nature of evidence
Number of documents
22
Personal testimony or practice experience
1
Client opinion study of single case design
31
Quasi-experimental study or cross-sectional study or
cohort study
30
Randomised controlled trial
1
Systematic review or meta-analysis
2
A number of other literature reviews and reports were also included.
6
Limitations of the review
Much of the work in this review was not primarily concerned with workforce
development, and connections between workforce approaches and the impact and
outcomes for service users are rarely explored. The reviewers have sought to
identify what is relevant and address the key questions in the review, but may have
overlooked some studies where the relevance was not immediately clear.
The review was undertaken over a three month period. It is possible that further time
would have allowed the identification of additional relevant evidence and more
detailed examination and presentation of studies.
23
B:
1
Synthesis of Evidence
Introduction
Although research evidence does not necessarily fall into discrete themes, we have
organised the evidence under 10 broad themes to reflect those areas of relevance to
workforce planning and development:
Policy in practice.
Risk factors.
Effect on staff.
Models of care.
Deprivation of Liberty safeguards and Mental Capacity Act.
Incidence and prevalence.
Staff perceptions and understanding.
Prevention, for example POVA, training, and multi-agency working.
Risk and personalisation.
1.1
Serious case reviews and lessons learned.
Policy in practice
Good evidence to support
There are gaps between policy on adult safeguarding and the implementation
of policies and procedures at the local level.
Some evidence to support
Staff follow procedures in clear or extreme cases but may rely on their own
judgement in more complex cases.
A number of studies from around the UK indicate the gap between policy and
implementation in respect of adult safeguarding. CSCI (2008) reported an increase
in the proportion of regulated services meeting the National Minimum Standards
(NMS) on protection from abuse between 2002/3 (when the NMS were introduced)
and 2006/7, with 78% of care homes for older people, 77% of care homes for
younger adults, and 77% of care home agencies meeting the NMS by 2006/7.
Private sector services were least likely to meet the standard, across all types of
service.
24
CSCI (2008) reported on variation in the degree of priority shown to safeguarding
adults within and across council areas with evidence of differing priorities, illustrated
by:
some front-line teams trying to handle massive increases in referrals without
increased resources or support
varying seniority of staff represented on local safeguarding boards and the
resources made available to these boards.
Over two-thirds of councils were failing to monitor safeguarding adequately, through
appropriate management overview of both individual cases and the arrangements as
a whole. At a casework level, over half of the councils inspected needed to improve
recording and supervision, and two-thirds to improve auditing processes (CSCI,
2008).
A study by Northway et al (2007) examined the development and implementation of
policies relating to the protection of vulnerable adults from abuse in services for
people with learning disabilities in Wales. The study involved a survey of service
providers from across Wales (including social services, NHS, and private providers)
and 10 focus groups with direct care staff and those with a responsibility for
investigating alleged abuse. Northway and colleagues found the potential for policy
‘overload’, and a feeling that, while there was awareness of the existence of
vulnerable adults policies, knowledge and understanding of their content may be
more limited.
Powerful evidence of the gap that can exist between policy and practice at provider
level can be found in the Serious Case Review for Winterbourne View (Flynn, 2012)
and the Department of Health’s Transforming care: A national response to
Winterbourne View Hospital: Department of Health Review Final Report (2012). On
paper, the policy, procedures, operational practices and clinical governance of
Castlebeck Ltd were impressive. The reality was very different:
for much of the period in which Winterbourne View operated, there was no
Registered Manager (even though that is a registration requirement);
approaches to staff recruitment and training did not demonstrate a strong focus
on quality. For example, staff job descriptions did not highlight desirability of
experience in working with people with learning disabilities or autism and
challenging behaviour – nor did job descriptions make any reference to the stated
purpose of the hospital;
25
there was little evidence of staff training in anything other than in restraint
practices;
a lack of openness and transparency and sporadic management;
although structurally a learning disability nurse-led organisation, Winterbourne
View had become dominated to all intents and purposes by support workers
rather than nurses; and
there was very high staff turnover and sickness absence among the staff
employed at the hospital.
The authors of the Final Report add “the very high number of recorded restraints,
high staff turnover, low levels of training undertaken by staff, the high number of
safeguarding incidents and allegations of abuse by staff – all could have been
followed up by the hospital itself or by Castlebeck Care Ltd, but were not to any
meaningful extent. This failure by the provider to focus on clinical governance or key
quality markers is striking, and a sign of an unacceptable breakdown in management
and oversight within the company. Equally it is striking that adult safeguarding
systems failed to link together the information.”
Some studies indicated that the gap between policy and procedure is due to
ambiguity or confusion at the organisational or staff level. Evidence from CSCI
(2006, 2008) shows that staff in care services have difficulty in judging whether
certain situations warrant action under formal procedures. For example, where acts
of omission on the part of care staff cause discomfort and demonstrate lack of
respect, or where there is abuse and bullying between service users. The grey area
between abuse and poor care practice is illustrated in the use of restraints in care.
Another study (Preston-Shoot & Wigley, 2002) looked at the implementation of adult
protection procedures, their usefulness to staff, the extent of inter-agency working
and gaps in procedures in one local authority. Interviews were conducted with social
workers and care managers and questionnaires were also sent to social workers and
team managers and relevant professionals from other organisations and sectors.
While some staff used some elements of the procedures, there were very few cases
where they were closely followed in their entirety. Both the interviews and case
analyses showed that confusion was widespread about the extent to which use of the
procedures was discretionary, and about who should do what, because the
procedures did not clearly state who was responsible for undertaking each task
identified within them. Many practitioners relied on their own judgement about what
action to take when abuse was suspected, finding procedures more helpful when
26
abuse had been disclosed or proven. There was a lack of guidance about what to do
in grey areas.
Likewise, Killick and Taylor (2012) using vignettes in a factorial survey of 190 social
workers, nurses and other professional care workers in Northern Ireland found a
reasonably high level of consensus in the most abusive cases, but much less
consensus for more ambiguous cases. They suggest that existing policies and
definitions fail to address adequately the complexity of some cases. The
inconsistency in recognising and reporting abuse may indicate that current definitions
are inadequate or poorly understood. They concluded that, in clear or extreme
cases, practitioners are prepared to follow procedural guidance but, when faced with
complex ethical dilemmas, they may act more autonomously, using their assessment
and relationship skills to weigh up the available information.
Similarly, McCreadie and colleagues (2008) found that interviewees in local agencies
depicted vulnerable adult mistreatment as an elastic phenomenon, which could
expand or contract depending on the breadth of its definition and the propensity to
report it. To cope with resource shortfalls, agencies acknowledged that vulnerable
adult protection was frequently relegated to a lower priority. Agencies differed in the
degree to which they could accommodate the No Secrets guidance within their
culture and other work, reflecting the compatibility of the agency’s culture with adult
protection policy. In practice, agencies found drawing the line between what is
abusive and what is not, and where intervention is, or is not, justified, very difficult.
1.2
Incidence and prevalence
Discovering the incidence and prevalence of abuse, perpetrated against vulnerable
people is inherently difficult. There are a range of prevalence figures, influenced by
differences in methodology. Studies involved different populations, sampling
strategies, means of data collection, measures and definitions of abuse. A number of
different articles referred to the same study at different stages of its development or
from different angles.
1.2.1
Client group
Good evidence to support
Older people are the main group receiving adult safeguarding, followed by
people with learning disabilities, physical disabilities and sensory impairment,
and people with mental health conditions.
27
Studies of adult protection referrals indicate that older people are the largest group
likely to be referred, followed by people with disabilities, and mental health
conditions. Mansell et al (2009) noted the very low representation of people with
mental health needs in the adult protection system.
A study by Cambridge et al (2011a and 2011b) looking at a dataset of over 6,000
adult protection referrals across Kent and Medway found the overall distribution of
adult protection referrals between adult client groups was broadly consistent with the
national picture, with older people comprising the largest group: nearly half of all
referrals (48 per cent) were accounted for by older people, with older people with
mental health conditions accounting for an additional 11 per cent; followed by people
with learning disabilities (32 per cent), people with physical disabilities or sensory
impairments and people with mental health conditions (3 per cent). The researchers
found that abuse was confirmed for over two-fifths of referrals, and there was
significant territorial variation across a range of process and outcome measures.
Hussein et al (2009a) reported on a multi-method study which looked at factors
involved in decisions to place staff members on the POVA list. Ninety per cent
(4,765) of referrals were from establishments registered to provide care for elderly
people. One-third of referred people were working in services registered to provide
care for people with mental health problems, 34% (1800); slightly more with elderly
frail people, 37% (1960); and with people with learning disabilities, 39% (2065), (also
in Stevens et al, 2008).
The first UK prevalence study of the abuse and neglect of older people living in the
community, including: psychological, physical and sexual abuse (sometimes referred
to collectively as “interpersonal abuse”) and financial abuse (O’Keeffe et al, 2007)
indicated that 2.6% or about 227,000 people aged over 65 in the UK were neglected
or abused in the previous year. The problem of neglect stood out as the predominant
type of mistreatment, followed by financial abuse. However, the survey excluded
people with severe dementia or living in residential care.
In a systematic review of the prevalence of abuse of older people, Cooper et al
(2008) found that ‘one in four vulnerable elders are at risk of abuse and only a small
proportion of this is currently detected’. Nearly a quarter of older people dependent
on carers reported significant psychological abuse, and a fifth reported neglect. This
is a much higher prevalence rate than that found by O’Keeffe et al. However, only 3
out of the 49 studies included were from within the UK.
28
Beadle Brown et al (2010) in an analysis of over 1,926 adult protection referrals
concerned with people with intellectual disabilities in 2 local authorities in south east
England found that 41% of cases were confirmed for people with intellectual
disabilities, 21% discounted and 35% recorded with insufficient evidence. Analysis of
claims for mitigation (Hussein et al. 2009b) indicated that a quarter of referred staff
accused of physical harm claimed that they were responding to challenging
behaviour.
1.2.2
Type of abuse
Good evidence to support
Physical abuse and multiple abuse involving physical abuse are the most
frequent forms of reported abuse.
Physical abuse is the most frequent type of reported abuse in residential
settings.
Financial abuse is the most frequent type of reported abuse in domiciliary
settings.
Several studies indicate physical abuse, and multiple abuse involving physical abuse,
are the most frequent forms of reported abuse, while older people living alone appear
particularly vulnerable to financial abuse. For example, Mansell et al (2009) and
Cambridge et al (2011b) in a detailed study of the incidence of adult protection in two
local authorities in England found that multiple types of abuse were the most
commonly recorded category, representing almost a third of all cases (31%) – the
most frequent combinations were physical and psychological abuse (19 per cent),
institutional abuse and neglect (10 per cent), psychological and financial abuse (9 per
cent) and neglect and physical abuse (8 per cent). Physical abuse was the next most
frequent category at 24 per cent, followed by financial abuse (15 per cent), neglect
(13 per cent), sexual abuse (8 per cent) and psychological abuse (6 per cent).
Referrals about older people were more likely to relate to neglect and financial
abuse, than those about younger people.
According to Mansell et al (2009) a referral about someone living in a care home was
more likely to identify abuse by multiple members of staff and institutional abuse or
neglect, especially if the individual was an older person with mental health problems.
Older people living alone were particularly vulnerable to financial abuse by family
members or, to a lesser extent, home care workers. There was some evidence that
lower standards of care in residential homes for younger adults were associated with
referrals but there was no evidence for this in respect of older people’s homes.
29
Hussein et al (2009a) report on a multi-method study which looked at factors involved
in decisions to place staff members on the POVA list. Analysing all records of POVA
referrals from August 2004 to November 2006 (5294 records concerned with adults),
as well as a detailed sample of 298 referrals, the authors looked at the prevalence of
different types of alleged harm and their association with various staff, employer and
service-users’ characteristics. The most common form of alleged abuse was physical
abuse (33%), followed by around a quarter, 24%, of referrals containing an element
of financial abuse. Emotional abuse was cited in 14% of cases, whereas sexual
abuse was the cause of referral in 6% of cases.
When analyzing the detailed sample data set, an additional category of harm,
‘neglect’ was identified as a central reason for referral, involved in around 17% of the
sample data set. Nearly half (49%) of referrals from domiciliary care services
contained some elements of financial abuse, compared with 15% of those from
residential services. In contrast, Hussein et al (2009a) reported that 39% of referrals
from residential services contained some element of physical abuse compared with
only 16% among those from domiciliary services. Little variation was observed in
relation to alleged sexual abuse; however, the prevalence of emotional abuse was
higher among referrals from residential than from domiciliary services (17% vs. 7%,
respectively).
According to Stevens and Manthorpe (2007), there is more of a likelihood of referrals
involving physical (33%), psychological (17%) and verbal abuse (19%) from
residential settings. In contrast, there was more of a likelihood of referrals from
domiciliary providers involving financial abuse (42%).
A large-scale qualitative study of safeguarding in the workplace by Ecorys for the
Independent Safeguarding Authority (ISA, 2012) observed a high level of financial
abuse was evident in the sample. More than one type of behaviour was most clearly
evident in cases where physical abuse was identified as the principle abuse type.
The most common combination was physical and emotional abuse.
A study by Pritchard (2002) for the JRF found: During a three-year period, 258
vulnerable adults living in their own homes were identified as being victims of adult
abuse. Sixty-six per cent of these adults were older people, 23 per cent of whom
were men. The most frequent form of abuse encountered by Pritchard (2002)
involved financial deprivation, theft or fraud of various kinds. Financial abuse was the
most common form of abuse experienced by men both in the quantitative and
qualitative studies of the project. In addition (and largely related to financial abuse)
30
gross physical neglect was common. Male victims suffered the same types of abuse
as female victims, and similarly experienced recurring patterns of abuse within their
lifetimes.
Beadle Brown et al (2010) reported that in terms of the pattern of abuse of people
with intellectual disabilities, almost half of their large sample had experienced
physical abuse (either on its own or in combination with other types of abuse), and
almost one-fifth of people had experienced sexual abuse.
According to Beadle Brown et al (2010): “There were some important differences
between people with an intellectual disability and other client groups – people with
intellectual disabilities were more likely to have experienced sexual abuse and less
likely to have experienced financial abuse or neglect, than people without an
intellectual disability.”
Beadle Brown et al, (2010) reported slightly different patterns in the adult protection
referrals for those placed from out-of-area. Those from out-of-area were more likely
to be referred for multiple types of abuse and also more likely to be recorded as
experiencing neglect, discriminatory, institutional, psychological and sexual abuse
and less likely to be recorded as experiencing financial abuse. They were also more
likely to be recorded as abused in residential care homes, and mainly by staff than
others. This probably reflects that most out of area placements are in residential
care.
A limited qualitative study by Marsland et al (2007) to identify early indicators of
abuse of people with learning disabilities found that physical and psychological abuse
was most frequently reported.
1.2.3
Setting
Good evidence to support
Physical abuse is the most frequent type of reported abuse in residential
settings.
Financial abuse is the most frequent type of reported abuse in domiciliary
settings.
Setting has been discussed earlier with reference to client groups and types of
abuse. Studies indicate that some clients are vulnerable to particular types of abuse
in particular settings. For example, financial abuse is most commonly reported in
31
domiciliary settings, while physical abuse is more frequently reported in residential
settings.
The Ecorys study for the Independent Safeguarding Authority (ISA, 2012) (mentioned
above) observed abuse occurred in a diverse range of environments, with the full
spectrum of abuse being evident in care home settings. The carer/service user
relationship was by far the most common context in vulnerable adult abuse cases,
although a small proportion involved managers or supervisors.
The final report by Stevens et al (2008) of a large-scale study of referral patterns and
approaches to decision-making about referrals found that “Staff from residential
services, in particular, were over three times as likely to be accused of physical
abuse and nearly three times more likely to be accused of emotional abuse
compared with home care staff. Referrals from home care settings were significantly,
nearly six times, more likely to be accused of financial abuse compared with referrals
originating from residential services.” Analysing early referrals to the POVA List,
Manthorpe and Stevens (2006) found that most emanated from settings specializing
in care of people with symptoms of aggression and challenging behaviour.
Similarly, Mansell et al (2009) found that the most frequently occurring types of
abuse in residential care settings were physical abuse and neglect. Sexual and
physical abuse each accounted for a third of the types of abuse in day support
services. The most frequently recorded types of abuse occurring in people’s own
homes were financial abuse and physical abuse.
The authors also found an association between abuse occurring in care homes and
multiple perpetrators. Multiple perpetrators were associated with: institutional abuse,
multiple abuse, neglect and discriminatory abuse. The most frequent combinations
of types of abuse were: institutional abuse and neglect; institutional abuse, neglect
and psychological abuse; and psychological abuse, financial abuse and neglect.
Stevens and Manthorpe (2007) were commissioned by the Department of Health to
analyse the first 100 referrals to the POVA list. Almost two-thirds (63%) of referrals
from care homes were from large organisations, operating two or more homes. When
considering solely care homes for older people, nearly three quarters (71%) were run
by such companies. However, in England, just over a quarter (28%) of care homes
for older people are run by large companies, indicating higher referral rates which
possibly reflect more zealous reporting.
There is a need for adult safeguarding beyond residential and home care: according
to O’Keeffe et al (2007) older people who attended a lunch club run by the local
32
authority or a voluntary body, or a day centre for the elderly, were more likely to have
experienced mistreatment compared with those who did not use these services
(6.7% compared with 2.4%). Relatively little mistreatment was carried out by care
workers (13%).
People with intellectual disabilities were more likely to be abused in a residential care
setting than in their own home, and more likely to be abused in day service settings
according to Beadle Brown et al (2010). The most frequently reported perpetrator
was a member of staff. In contrast, sexual abuse was most commonly perpetrated
by male service users, followed by family members. This reflects the pattern of
service provision and utilization, with a lower proportion of people with intellectual
disabilities living in their own homes compared with the other client groups.
1.2.4
Perpetrators
Some evidence to support
Male staff are over-represented in referrals for abuse.
Male staff are more likely to be involved in direct forms of harm while female
staff are more likely to be involved in financial abuse and neglect.
The evidence indicates that social care staff are a significant group among
perpetrators of abuse. According to Cooper et al’s systematic review (2008) which
mainly covered non-UK research papers, one in six professional carers report
committing psychological abuse and one in ten physical abuse. Over 80% of care
home staff had observed abuse.
Similarly, Mansell et al (2009) reported that in institutional abuse the largest
proportions of perpetrators were care home staff and managers or owners. The
majority of referrals for older people with mental health problems related to abuse by
residential or domiciliary care staff/managers. In contrast, those with mental health
conditions, those with other disabilities and older people were more likely to
experience abuse from families or carers (51%, 61% and 39%, respectively) but for
the latter this was closely followed by residential or domiciliary care staff (31%).
Those with learning disabilities were equally likely to experience referrals related to
abuse by other services users, residential or day staff/managers and family members
or carers (27%, 24% and 23%, respectively). If all staff or managers in residential or
domiciliary care are combined then 47 percent of perpetrators were care staff
(Mansell et al, 2009).
33
However, different patterns of misconduct appear to exist between male and female,
young and old, staff according to an analysis of the first 100 referrals to the POVA list
(Stevens and Manthorpe, 2007). Males were seen to be more likely to be involved in
the more direct forms of harm, physical, psychological and verbal abuse. Over twofifths (41%) of male staff were referred for misconduct involving physical abuse,
compared with under a quarter (23%) of female staff. However, almost one-third of
female staff (32%) were referred for financially abusing service users, compared with
under one-eighth (12%) of male staff. Female staff were also more likely to be
implicated in neglect. The final report by Stevens et al (2008) of their large-scale
study of referral patterns found that men were significantly much more (27 times)
likely to be accused of sexual abuse than women workers. Younger staff (aged less
than 25 years at time of referral) were significantly less likely to be accused of
physical abuse than their older colleagues.
Staff working in residential establishments were more likely to be referred for more
direct types of abuse (physical, verbal and psychological). Referrals from domiciliary
care settings were significantly, nearly six times, more likely to be accused of
financial abuse compared with referrals originating from residential services, perhaps
reflecting their greater access to money. Managers and deputy managers were also
very much more likely (three times), while nurses were significantly less likely (about
three times less) than frontline staff to be accused of financial abuse. Referred staff
working with older frail service users were also significantly more likely (nearly two
and a half times) to be accused of financial abuse.
Hussein et al (2009a) covering the same multi-method study of POVA referrals also
reported the over-representation of men referred (31% compared to an average of
15% in the workforce) and significantly different types of abuse in care home and
domiciliary settings, where physical abuse was more likely in care homes while
financial abuse was less likely than in people’s own homes. In their study using the
full data set, 67% of referred staff were front-line care staff (including care assistants
and support workers), 11% worked as team leaders/supervisors with some care
responsibilities, 9% were nurses working in social care, 8% were managers or
deputies without direct care responsibilities, while staff without any care
responsibilities (administrators, cooks, housekeepers and cleaners) represented 4%.
Stevens et al’s (2008) analysis of the same data indicates that the proportion of staff
from a ‘white’ background was 47 percent; this compares to an estimate of 92
percent in the social care workforce. This was based on only 30 referrals where this
information was available.
34
1.2.5
Response
The largest group of people making referrals of cases of suspected abuse in Mansell
et al’s study (2009) were staff and managers in services, followed by family carers.
Referrers typically reported abuse happening elsewhere. The variation between
territories found by Mansell and colleagues indicates that differences in social work
practice in different places may be an important factor in explaining variation.
Beadle Brown et al (2010) observed that referrals involving people with intellectual
disabilities tended to result more frequently in ongoing monitoring and less frequently
in no further action. They reported that: ‘Almost no cases resulted in criminal
prosecution and very few in a change of setting or agency for the victim. This might
reflect a commitment to keep people in their home and deal with the situation by, e.g.
dismissing staff or a lack of willingness to take any stronger action.’
Pritchard (2002) found that male victims were not treated in the same way as female
victims by social workers. Allegations of abuse were often not taken seriously by
professionals in general and adult abuse procedures were not routinely implemented.
1.3
Risk factors
Good evidence to support
Older women, people living in residential care, and people in out of area
placements are at greater risk of abuse.
Some evidence to support
A range of risk factors include: staff and client characteristics, staffing levels
and use of agency staff, weak management and leadership, low levels of
training and development, organisational environment, geographical isolation.
There are a number of risk factors associated with the need for adult safeguarding,
and some types of clients appear to be at greater risk in particular settings of
particular types of abuse. Several studies identified similar and frequently
overlapping risk factors including: staff and client characteristics, staffing levels and
use of agency staff, weak management and leadership, low levels of training and
development, organisational environment, geographical isolation.
Kalaga and Kingston (2007) in their literature review for the Scottish Government
identified the following factors as predictive of institutional abuse:
institutional environment (eg, inward looking organisations that stifle criticism)
35
client characteristics (eg, very frail, challenging behaviour)
staff characteristics (eg, stress, negative attitudes, low education levels)
neutralisation of moral concerns (leading to residents being seen as objects
rather than human beings)
exogenous factors (eg, bed supply, staffing rates).
Benbow (2008) also found common risk factors for abuse in a review of the failure to
learn from inquiries, including:
low staffing levels and/or high use of agency staff
lack of policy awareness
weak management and leadership
geographically isolated services.
A large-scale qualitative study of safeguarding in the workplace by Ecorys for the
Independent Safeguarding Authority (ISA, 2012) identified some possible warning
signs for employers. These included: over familiarity with the person being cared for,
and signs of stress or discomfort experienced by the vulnerable adult. The analysis
suggested that a lack of experience was a contributory factor for abuse occurring in
the workplace, but it was unclear as to whether this related to competency issues or
mismatches in suitability for caring roles. Organisational culture and policy issues in
the workplace were strongly implicated across the types of abuse.
The Ecorys study identified the following areas of potential weakness in employers’
regulatory and working practices:
low levels of training
poor line management and supervision
lone working – was found to be a potential risk area, and especially so for newer
employees when combined with a lack of support and supervision from the
employer.
financial irregularities – a lack of systematic checks on financial transactions,
along with incomplete financial record-keeping and poor levels of data security.
Employers commonly became aware of financial abuse because family members
or banks identified irregularities.
There were also examples of abuse cases characterised by managers failing to
implement and abide by the protocols and policies established by their employers,
36
and instead choosing to take administrative and supervisory short-cuts to minimise
workload. Most common among these cases were managers failing to carry out the
necessary service user and staff checks required of their role.
Overlaps with factors identified in these studies can be seen in Marsland et al’s
(2007) qualitative study which reported early indicators of abuse of people with
learning disabilities, including:
poor management and weak leadership were associated with abusive
environments reflected in a reluctance to take responsibility, high staff turnover
and use of agency staff.
importance of staff development, training and supervision, for example: staff lack
of understanding of learning disability and how it may affect behaviour, frequent
use of restraint, and issues around staff values and attitudes, misuse of power,
inconsistency and lack of reliability, attitudes and response to abuse.
isolation, for example, little input from outsiders and professionals
overall quality and environment of care.
White et al (2003) conducted a review of the literature regarding the abuse of people
with intellectual disabilities within hospitals and community-based residences which
identified seven aspects of environments and cultures associated with risk of abuse:
management; staff deployment and support; staff attitudes, behaviour and
boundaries; training and competence; power, choice and organizational climate;
isolation; service conditions, design and placement planning.
In terms of client groups, O’Keeffe et al (2007) in their study of elder abuse identified
risk factors for neglect as including: being female, aged 85 and over, suffering
bad/very bad health or depression and the likelihood of already being in receipt of, or
in touch with, services. The risk of financial abuse increased for: those living alone,
those in receipt of services, those in bad or very bad health, older men, and women
who were divorced or separated, or lonely. The study involved face-to-face
interviews with over 2,111 people aged 66 and over between March and September
2006 (O’Keeffe et al, 2007).
Living in residential care is a risk factor: Mansell et al (2009) found those at greatest
risk of abuse appear to be older women, those living in a care home and those who
have a long-term illness (probably particularly dementia).
37
People in out of area residential placement appear particularly vulnerable. People
placed in Kent by other authorities (mainly people with learning disabilities) were
found to be more vulnerable to abuse than Kent clients; highlighting the
disproportionate adult protection demands such placements generate (Cambridge et
al, 2011a). Out-of-authority placements were associated with particular risk factors in
relation to abuse and people with intellectual disability, with 18 per cent of adult
protection referrals for people with intellectual disability being in this category
(Cambridge et al, 2011b).
Beadle Brown et al (2010) found some evidence that people with intellectual
disabilities and mental health problems were at still higher risk if placed out-of-area,
possibly due to their distance from families and care managers and therefore
difficulties in monitoring. This study provides the first evidence that this may be the
case.
Summary table of risk factors
Good evidence
Client characteristics (older,
women)
Some evidence
Client characteristics (very frail, behaviour that
challenges)
Residential care
Staff characteristics (stress, negative attitudes, low
level of educational attainment)
Low staffing levels
Use of agency staff
Weak management and leadership
Low levels of training and development
Organisational environment
Geographical isolation
Out of area placements
1.4
Staff perceptions and understanding
Some evidence to support
Staff understanding of what constitutes abuse varies: most staff are aware of
physical, psychological, financial and sexual abuse, but less aware of neglect
and service user to service user abuse.
Lack of confidence is a barrier to reporting abuse and whistle-blowing.
CSCI (2008) found that the most common shortfalls in regulated services are
inadequate staff training and implementation to ensure staff understand
38
safeguarding, written documentation such as safeguarding policies and procedures,
and recruitment practices. 73% of managers of regulated services said they
understood the process for making a safeguarding referral. There were marked
variations in different areas: managers of regulated services in the higher performing
councils had a better understanding than managers in the lower performing council
areas. CSCI also found that understanding of the local procedures by managers in
regulated services can be hampered if the provider’s policy on safeguarding does not
dovetail with the local council multi-agency procedures.
There are two strands to the research on staff perceptions and understanding of
abuse and safeguarding procedures. First is the extent of staff understanding and
what constitutes abuse; and secondly their ability or readiness to report abuse. A
study by Taylor and Dodd (2003) explored knowledge of, and attitudes towards,
abuse and reporting procedures, through interviews with 150 staff from health, social
services, the independent and voluntary sector, and the police working with
vulnerable adults. Most participants identified physical and psychological abuse, but
only 75 per cent mentioned that vulnerable adults could be sexually abused, and
neglect was mentioned by less than half of interviewees. Service user to service
user abuse was rarely described.
Regarding thresholds, 35 per cent said they would only report abuse if they
considered it ‘‘severe enough’’, and most (75%) would only report if they had
concrete evidence. A correlation was found between reporting abuse and
understanding of abuse and correct reporting procedure. People with a recognised
professional qualification, or who had attended training, were more knowledgeable.
Over 10% of participants said they would be reluctant to report abuse if the abuser
was a member of their staff team. Three-quarters (75%) of participants had received
some form of training on abuse, most commonly among those who worked with
people with learning disabilities.
Furness’s (2006) small qualitative study of the views of 19 managers and 19
residents in older people’s care homes in the north of England involved interviews
and scenarios. Managers were more likely to define abuse in terms of physical,
verbal, financial and psychological, than neglect, lack of choice or institutional and
environmental factors. Sexual abuse was not mentioned. There was some
consensus about the seriousness of certain types of abuse and how managers would
investigate an allegation. However, perceptions of the seriousness of abuse, prior
experience of managing cases of abuse, confidence in approaching external
agencies for advice, and knowledge and understanding of safeguarding policies and
39
procedures were all found to affect the way that managers respond to and deal with
abusive care staff.
Another small qualitative study by Parley (2010) involving 20 interviews with a
purposive sample of care staff working with adults with learning disabilities across the
NHS, local authority and private sectors found “a lack of clarity regarding what
constitutes abuse”. Sexual and physical forms of abuse were generally thought to be
‘‘worse’’ than the other types, such as verbal, psychological/emotional and financial
abuse or neglect, which were not identified as readily. Some considered bullying and
harassment abusive, while at the other end of the scale they were viewed as
expected everyday events – typical for people with learning disabilities and,
therefore, not abusive. Few, according to Parley, felt that they could report a
colleague, at least initially. There was a level of tolerance of such behaviour that was
implicit in their comments. Unqualified staff in particular had observed behaviour that
they considered abusive, yet they did not feel that they could speak out against it.
Whistle-blowing has a potentially important informal role in adult safeguarding as
illustrated in the case of Winterbourne View. Kalaga and Kingston (2007) in their
literature review noted that whistle-blowing is an important mechanism for exposing
abuse and neglect in care settings, and emphasise the need for procedures to
enable staff to whistle-blow. Marsland et al (2007) commented that potential whistleblowers may encounter difficulties in using this knowledge to take protective action.
A qualitative study by Calcraft (2005) noted that speaking out about abuse in the
workplace took courage and could be extremely stressful. Given the team nature of
much care work, whistle-blowing can have a profound impact on team dynamics. A
key factor influencing whether a care worker speaks out is whether or not they have
confidence that reporting their concerns will make a difference. One situation where
care staff may raise concerns is on training courses. Calcraft (2007) details a
number of inquiries and research findings highlighting the importance of support for
people who whistle-blow, and the influence of organisational culture on whistleblowing behaviour.
In their qualitative study of staff, McCreadie et al (2008) commented that: “Diverse
perceptions of the prevalence and consequences of vulnerable adult mistreatment
became self-fulfilling prophecies.” This underlines the importance of staff
understanding the different forms abuse can take, and how best to safeguard adults
against it.
40
1.5
Effect on staff of adult safeguarding
Some evidence to support
Safeguarding procedures are stressful for staff, managers and clients.
There is a lack of support for staff exonerated following an accusation of
abuse.
There has been relatively little research into the effect of adult safeguarding action on
staff. One study by Manthorpe and Stevens (2006) highlighted the potential
defencelessness and vulnerability of many staff, whose part-time and unqualified
status meant they often lacked union or professional representation and were not
always able to mount a defence.
A second exploratory qualitative study by Rees and Manthorpe (2010) reported on
the impact of adult protection investigations on managers of residential learning
disability and mental health services and staff accused of harm or abuse,
investigated and then exonerated in England and Wales.
Using a convenience sample of three residential services in the independent sector,
thirteen managers across the three services were interviewed, along with ten staff
who had been accused of abuse and exonerated, to hear their experiences.
The study found outcomes included service disruption due to protracted
investigations, and stress for residents, staff and managers due to lack of information
and delays. Service managers commented particularly on how the application of
policy and practice enhances, but also upsets the services they provide. All ten staff
felt unsupported during the process and extremely isolated at being unable to contact
work colleagues. Six were angry at a lack of support on return to work. There
seemed to be no routes for redress following exoneration. Six reported ongoing
anxiety after returning to work. Multi-agency collaboration, transparency of practice,
training, reflective practice, and effective supervision of frontline staff, appeared to
assist managers and care workers in negotiating the positive and negative
experiences of the implementation of adult protection systems.
Manthorpe, Hussein, et al (2010) present findings from interviews with 32 senior or
third tier managers working in 26 local authority social services departments as part
of a larger study of interagency working in adult protection in England and Wales in
2005-6. Managers described working in adult protection as reliant upon positive
attitudes and resting on local ‘champions’ in partner agencies who possessed the
authority to commit their agency to certain courses of action or resources. Social
work managers had a central role in the development of adult protection systems.
41
1.6
Prevention: POVA, training, and multi-agency working
Although it is unlikely that the abuse of vulnerable adults will ever be completely
prevented, there has been research which covers a number of factors associated
with prevention. Kalaga et al (2007) in their review of effective interventions to
prevent or respond to harm against adults commented that there are mechanisms of
support, empowerment, training and education, and inter-agency co-operation which
could help reduce the risk faced by vulnerable groups.
A second literature review of prevention in adult safeguarding for SCIE (Faulkner &
Sweeney, 2011) found one of the most common interventions was training and
education of staff on abuse in order to help them to recognise and respond to abuse.
Others included identifying people at risk of abuse; awareness raising; information,
advice and advocacy; policies and procedures; legislation and regulation; and
interagency collaboration. A third review for the Joseph Rowntree Foundation
(Mitchell and Glendinnning, 2012) noted that a number of studies focused on the
operation of new procedures and mechanisms to reduce risk, such as the POVA list,
CRB checks, risk assessment tools, implementation of the ‘No Secrets’ guidance and
wider safeguarding processes.
However, Mitchell and Glendinnning found that few of the studies in their review
provided rigorous evidence of the effectiveness of such mechanisms in preventing or
reducing risk, echoing White et al’s (2003) comments that: “Although significant
research has been undertaken, this review suggests that we are better able to
respond to abuse which has already occurred than to protect people before they are
abused, highlighting a need for research and policy development which assumes a
more proactive, protective agenda.”
1.6.1
POVA
Some evidence to support
A significant minority of people employing personal assistants with direct
payments are not thorough in vetting candidates.
Insufficient evidence to support or reject
A correlation between types and incidents of abuse and a decision to bar.
The use of POVA and CRB checks reduces risks of abuse.
As part of the implementation of the Care Standards Act 2000 in England, the
Department of Health introduced the Protection of Vulnerable Adults (POVA) list in
July 2004. POVA extended policies aimed at protecting vulnerable adults in the UK
42
which require disclosure of offences by potential care workers. Employers were
required to ensure a worker’s name was not on the POVA list, in addition to
undertaking a Criminal Records Bureau (CRB) Check, when employing workers (or
engaging volunteers) providing regular personal care for adults, either in care homes
or in domestic settings. Employers were also required to make a referral to the list if
they dismissed a member of staff or volunteer on the basis of misconduct that
harmed, or placed vulnerable adults at risk of harm.
Since October 2009, there has been a statutory requirement on providers of care to
refer individuals who have abused to the Independent Safeguarding Authority (ISA)
for possible inclusion on the ISA barred lists. The ISA Adult and Child barred lists
replaced the POVA and POCA lists. Referrals are usually made after the employer’s
own disciplinary procedures have concluded, but where the offence is very serious, a
referral can be made after the care worker has been suspended and before decisions
have been taken to dismiss (Action on Elder Abuse, 2008 with 2012 amendments).
Since late 2012, the system has developed further with the Disclosure and Barring
Service merging the role of the ISA and the CRB. The available research is mostly
concerned with the POVA system and its operation.
There is little evidence to indicate how effective POVA has been at reducing risks for
vulnerable adults. In practice, the research indicates its application has been
inconsistent. For example, Mustafa (2008) reported on the first phase of a study
about the effectiveness of using CRB checks in staff recruitment as a way of
reducing risk. Seventy-seven per cent of organisations sampled allowed people to
start work and have contact with vulnerable adults before receipt of a CRB
disclosure.
Of equal concern are the results of a large-scale study by IFF for Skills for Care (IFF,
2008) including 526 face to face interviews with direct payments employers which
indicated that they are not particularly thorough when it comes to vetting candidates.
One third said they had not checked references, or conducted a CRB check, or
conducted a check against the POVA register when recruiting. In addition,
employers were generally unwilling to fund training for their employees, frequently
citing the prohibitively high cost. The Personal Assistants felt it was important for
people working in this sector to undergo CRB and POVA checks (75% considered
this very important), and the vast majority (93%) believed that clearance on checks
from the CRB and POVA register were very important for those wanting to work as a
Personal Assistant.
43
Penhale and colleagues reporting on a large study for the Department of Health in
England and Wales (2007), involving a postal survey and 260 interviews in 26 case
study sites, found that professionals reported both CRB checks and the POVA List as
having the most potential impact in improving systems of protection for vulnerable
adults. However, according to CSCI (2008) “Over 40% of managers could not
explain the role of the Protection of Vulnerable Adults (POVA) list adequately and
19% said they did not know about the POVA list and how to use it.” And in terms of
the development of the POVA scheme, Stevens and Manthorpe (2007) found the
roles of employers, regulators and local authority adult protection processes were
inconsistent.
Giordano and Badmington (2007) discuss a service review of existing POVA
education and practice relationships in Cardiff through consultation, trainer feedback
and course evaluation records. They identified a number of issues including:
dissatisfaction with limited resources for social care training; the lack of a clear link to
National Occupational Standards, and difficulties in releasing staff from care duties;
uncertainty about when and how to provide refresher training to staff; concerns about
the breadth of organisations attending training and high levels of non-attendance;
uncertainty about POVA investigations with variations in policy, quality and reporting.
In response, an education and practice partnership was established with an elearning package and other developments.
Analysis of a sample of POVA referrals by Manthorpe and Stevens (2006) found that
few staff had access to specialist advice and assistance. Only about a third of cases
described making use of local resources such as the adult protection service or
CSCI. Hussein et al.’s (2009a) quantitative study of all POVA referrals over a two
and a half year period recommended that detailed advice about when and how to
involve other agencies in POVA referrals would be helpful.
The final report by Stevens et al (2008) involving a quantitative analysis of 5,294
POVA records and a sample of 300 referrals in depth found that referrals relating to
either financial or sexual abuse were significantly more likely to be confirmed than
other referrals. The average time taken to make decisions was significantly longer
among cases with alleged financial, physical and emotional abuse while significantly
lower among cases with alleged sexual or ‘other’ forms of abuse. The authors
concluded that the essence of a barring and vetting scheme is judgement. They
recommended consideration of altering the criteria for making referrals and to
increasing training and support for managers, in order to reduce the numbers of
referrals.
44
A large qualitative study of safeguarding in the workplace by Ecorys for the
Independent Safeguarding Authority (ISA, 2012) examined 200 case files (including
100 adults) from employer referrals, which were concluded in 2011. The analysis
revealed differences between one-off incidents in the workplace – those arising from
“opportunism” or a poor response to a stressful situation, and multiple incidents of a
more systematic or compulsive nature. However, there was no clear correlation
between the nature of the incidents and the decision to bar. On the whole, it
appeared that prompt employer action assisted ISA decision-making, enabling the
early removal of the referred person from the workforce before further harm occurred.
There was some evidence to suggest a need for increased joined up working
between employers and regulatory agencies, to ensure the ISA was provided with a
complete picture of the circumstances of the case and supporting information.
According to Beadle Brown et al (2010) the volume of adult protection referrals is
much higher once systems and process are well developed and this may have
implications for workload and management.
Mitchell et al (2012) found in their review that although robust evidence on the
effectiveness of mechanisms such as the POVA list and the use of CRB checks to
reduce risk is limited, the available findings suggested that compliance could lead to
a reduction in risk. They suggested that these formal mechanisms may also be
superseding earlier greater reliance on professional judgements, but found little
evidence on what constitutes good practice in balancing rights and protection.
1.6.2
Training
Good evidence to support
Safeguarding is an increasing component of staff training in adult social care.
Some evidence to support
Low levels of staff training are a risk factor for abuse.
Training improves knowledge of safeguarding by nearly 20%.
Insufficient evidence to support or reject
Which kinds of training work best for whom in what way.
1.6.2.1.
Effectiveness of training
Peer-reviewed research about the effectiveness of safeguarding adults training is thin
on the ground. A systematic review by Cooper et al (2009) of the literature on elder
abuse found just two intervention studies on the topic of safeguarding adults training:
a group training course and a video focussing on the management of elder abuse
45
improved knowledge. Cooper and colleagues comment that no clear link between
training and behaviour change has been found.
Braye et al (2011) found no formal evaluations of adult protection training
interventions in a review of the English literature, even though engagement with
training and workforce development was widespread: at most feedback was gathered
from participants or managers. Similarly, Manthorpe et al (2005b) commented that
despite the large amounts of money now being expended on training in this area,
there is little knowledge of what training works and for whom, or its outcomes.
Overall, there is little evidence about what works best in terms of impact on practice
or outcomes following adult safeguarding training.
One exception was a randomised control trial by Richardson et al (2002) to examine
the effect which education had on knowledge and management of elder abuse
among 64 care managers, care assistants, social workers and nurses in north
London. They found that identification, documentation and reporting of abuse was
carried out inconsistently, and that training increased staff ability and confidence to
recognise, report and record suspected abuse, although it needed to be targeted to
take into account baseline knowledge.
Low levels of staff training were mentioned earlier in the review as a potential risk
factor for abuse. Preston-Shoot and Wigley (2002) found that lack of staff
knowledge, experience or training, were commonly identified as factors which
affected identification of older age abuse. They state that while training did not make
resolution of the issues any easier, it did equip social workers to navigate the terrain.
A study by Pring (2005) of a high profile abuse case in care homes for people with
learning disabilities in Buckinghamshire similarly identified lack of ongoing staff
training and lack of awareness of where to complain to as two of a number of factors
that contributed to the ability of the care home manager to continue for a decade
undetected in the abuse of residents.
1.6.2.2.
The current landscape
In spite of the lack of good evidence about the effectiveness of training, CSCI (2008)
found that training about safeguarding had risen from 71% of relevant council staff in
2006-07 to 81% in 2007-08; and for private sector staff from 31% to 46% over the
same period. However, in 11% of councils, less than half the relevant staff had
received training, and there was wide variation between individual councils, with 31
councils having trained less than a quarter of independent sector staff.
46
There appeared to be a correlation between staff training on safeguarding and the
overall quality rating of a service, ranging from 40% of the lowest-rated services
indicating that all staff had received training, to 100% in the highest-rated services.
Despite the effort and resources going into developing the workforce, training and its
implementation in practice still topped the list of statutory requirements placed on
providers in the thematic inspection of regulated services.
In 2008, most local adult safeguarding boards had training strategies and a minority
had full-time training co-ordinators. Inspections found that where there was some
dedicated resource for overseeing training, not only was more training delivered, but
it was also better organised, recorded and better linked to need, competencies and
performance systems. Awareness raising and refresher type training was extensive
and usually multi-disciplinary. Training and supervision were the key tools used by
service managers to make staff understand policies and supervision, observation and
staff meetings were the key methods to ensure that training was put into practice.
Training depth and quality appeared variable, ranging from watching a short DVD to
attending courses that are supported by annual refresher training (CSCI, 2008).
A large-scale qualitative study of safeguarding in the workplace by Ecorys for the
Independent Safeguarding Authority (ISA, 2012) found no specific evidence to
suggest a shortfall in the level of training for referred individuals, although the specific
timescales for when this training was undertaken could not be ascertained from the
case files, meaning that it was not possible to assess the quality of continuous
professional development.
1.6.2.3.
Training focus
The CSCI study (2008) encountered bespoke and specialist training included in
training programmes, with an emphasis on: investigations (including some joint
training with the police); chairing and minute-taking for individual adult safeguarding
strategy meetings; and achieving the best standards of evidence collection for legal
purposes. There was universal support for joint training as a vehicle for improving
joint working, especially covering the investigation and assessment of abuse.
In a large study for the Department of Health on the effectiveness of multi-agency
working and the regulatory framework in Adult Protection in England and Wales
(2007), Penhale and colleagues report that the most commonly reported level of
training available was at Level 1 which focused on raising awareness of adult
protection issues. Level 2 training was aimed at those who were likely to come into
contact with vulnerable people in their daily work and was provided in three areas,
where Level 3 training was also available and this was aimed at multi-agency
47
personnel involved in the adult protection process. There was positive feedback on
the outcomes for staff that had attended training sessions and the working
relationships that had been forged between personnel from different agencies.
A General Social Care Council report on the teaching and assessment of
safeguarding within approved university post-qualifying (PQ) social work courses in
England reviewed annual monitoring reports of PQ programmes in 2008/2009
(GSCC, 2011). Twenty nine responses were received from social work with adults
programmes, of which 16 specified that they had a separate safeguarding module(s).
Some courses were being restructured to provide specific safeguarding modules in
response to employer requests and increased agency concern about safeguarding.
However, demand for these modules was variable.
Safeguarding was increasingly a crucial core component of PQ programmes, with a
significant number integrating safeguarding throughout the course as well as having
dedicated modules. There was variation in how universities were defining and
undertaking teaching and learning of safeguarding: 12 responses indicated the most
common topics covered were: risk, risk management and risk and choice (11);
legislation and policy (8), inter-professional practice/decision making (5), considering
and understanding vulnerability (5), value based and ethical practice (4). There were
two references to including teaching on the messages of serious case reviews with
only one mentioning that the module included an analysis of Care Quality
Commission reports (GSCC, 2011).
The concept of ‘risk’ included: risk identification; assessment and management; the
concept of the risk society and developing risk averse practice; working with users to
make, where possible, a self-assessment of risk; service users’ perceptions of risk,
and independence and risk. This appears to address the observations of Mitchell
and Glendinning’s review (2007) on the need to provide more training and support for
practitioners in relation to identifying and/or defining risk and the different ways it can
be managed is a shared theme.
Another GSCC report (2012) on targeted inspections of adult mental health
practitioner courses found that usually safeguarding is specifically taught within the
law module on an AMHP course. AMHP courses were not considered to be an
alternative or substitute for employers’ own safeguarding training.
An evidence review by RIPFA (undated) cited research by Bowes et al (2008) which
found that staff from the organisations participating in the study had received training
in elder abuse and general anti-racist or diversity training, but that training covering
48
elder abuse with specific reference to BME communities was missing. They
commented that “organisations in their training programmes seemed to be separating
off BME issues into the anti-racism training, and not necessarily consider them when
other issues were addressed”. Bowes et al (2008) registered some positive
developments with regards to elder abuse training, with some of the participating
organisations devising training modules that take account of cultural diversity and the
need of cultural competence within the context of elder abuse.
Pinkney et al (2008) found that adult protection training had been undertaken by
most of the social workers interviewed but there was a variety of views about its
adequacy. Most training was offered at a basic level, covering awareness of adult
protection issues. Although training was, at times, frustrating for social workers,
particularly if there was little opportunity for any ‘refresher’ courses to keep up with
developments, practitioners attached importance to it. Most drew attention to the
benefits of undertaking training with staff from other agencies.
1.6.2.4.
Examples of training approaches
Several articles provides evidence of specific approaches to developing and
improving training in adult safeguarding. For example, Pike et al (2010) outlined the
steps taken by Cornwall’s Learning, Training and Development Unit in Adult Care
and Support to improve the quality and outcomes of training, following the Serious
Case Review into the death of Stephen Hoskin, a man with learning disabilities. The
evidence informed approach included an e-learning module on the basics of
safeguarding for all staff and volunteers working with vulnerable adults in health and
social care in Cornwall, and a higher level face-to-face Human Rights workshop
delivered on a multi-agency basis which acted as a gateway to managers’ workshops
and other specialist safeguarding adults training.
Pike et al (2011) followed this up with a cross-sectional sample survey of 647 staff
from across the health and social care sector in Cornwall. They found differences in
knowledge and confidence around safeguarding between staff groups and agencies.
Training contributed to an approximately 20 per cent increase in knowledge and a
ceiling effect was noted. Confidence linked knowledge and action: more confident
staff offered more sophisticated responses, regarding improving safeguarding
processes. Respondents with higher confidence were more likely to mention issues
such as communication, process-based issues, resources, the need to focus on the
person and the need to support staff through the safeguarding process. Numbers of
respondents mentioning training as a way to improve the safeguarding process
generally decreased with increased confidence.
49
Pike et al’s (2011) results show professionals performing better than managers and
both being outperformed by support staff. Just under half of respondents achieved
the baseline level of knowledge of adult safeguarding without any training, while over
one-third of respondents who had received training failed to achieve this level. The
observed difference here between no training and training suggested that training
improves knowledge of safeguarding by a little less than 20 per cent. Results
showed baseline knowledge of safeguarding in approximately two-thirds of staff.
There was no observed correlation between ‘‘knowledge of safeguarding’’ and
‘‘making an alert’’. Rather, ‘‘making an alert’’ correlated with two variables, ‘‘training’’
and ‘‘confidence’’.
Another article by Aylett (2009) described the development of a multi-agency model
for adult protection training in Kent and Medway, following the appointment of the
multi-agency adult protection training consultant for Kent and Medway in March
2004. Each organisation undertook awareness training in-house, supported by a
‘train the trainers’ package which helps to maintain consistency. This comprised
teaching materials and resources for the content of a one-day awareness training
event, together with guidance on training strategy for delivery within the delegate’s
particular workplace. The delivery of the training pack was supported by a series of
agency specific ‘learning sets’ and a generic recall day offered twice yearly by the
safeguarding vulnerable adults (SGVA) training consultant.
Kent has developed a multi-agency two-stage framework (awareness and
understanding and familiarisation and application) which identified the occupational
standards for social care and health practitioners and for police personnel relating to
safeguarding vulnerable adults, outlining suggested topic areas at each level. The
framework can be used to assist further and higher education providers to consider
what to include in the teaching on pre-qualification courses.
Aylett comments that due to the difficulty of evaluating training: ‘we rely largely on
qualitative feedback and evaluation and a local consensus on priorities, directions
and methodologies for adult protection training, with local practitioners largely
responsible for leading local coalitions and alliances when developing and reviewing
training in light of their own knowledge of local demands and priorities’.
A third example from Ireland described an interdisciplinary workshop on elder abuse
and self-neglect (Day et al, 2010). The aim of the workshop was to increase
knowledge, awareness and understanding of roles and responsibilities and critical
practice problems in the prevention and management of elder abuse and self-
50
neglect. Students reported increased understanding and knowledge of elder abuse
and self-neglect.
Humphries (2011) reported on peer reviews by four local authorities which took place
between November 2009 and May 2010. The four councils shared a strong
commitment to achieve positive outcomes in safeguarding adults. Some councils
had ensured that all their employees – not just in social care – received basic
safeguarding awareness training. An upward trend in the number of referrals was
noted, and Humphries concluded that this is a consequence of the councils’ success
in raising awareness and implementing procedures.
1.6.3
Multi-agency working
Some evidence to support
Multi-agency working is associated with higher levels of adult safeguarding
referrals.
Insufficient information-sharing impedes effective multi-agency working.
Multi-agency partnerships and a ‘one team’ approach are a key element of the
government’s policy statement on adult safeguarding. While there is some research
evidence to indicate the benefits and support for the principle; in practice, factors
such as lack of information-sharing appear to impede effective multi-agency working.
Northway et al (2007) found that almost all social services and NHS respondents
were signed up to a multi-agency policy. However, only 55 per cent of respondents
from the independent sector indicated that they were signed up to such a policy.
Respondents in the survey indicated that there have been a number of positive
aspects to the development and implementation of multi-agency policies such as the
promotion of multi-agency working, the promotion of clarity and consistency and the
raising of awareness.
In an analysis of over 6,000 referrals in two local authorities, Cambridge et al,
(2011a) found that four-fifths of referrals which led to investigations and where abuse
was confirmed were associated with higher levels of interagency involvement.
Cambridge and colleagues suggest that this indicates the effective targeting of
resources and underlining the imperative for co-ordinated action in such cases.
Pinkney et al (2008) reported on a study of social work practitioners’ perceptions of
multi-agency working in adult protection in England and Wales based on interviews
51
with a purposive sample of 92 social workers working with adults at operational levels
across 26 local authorities.
Most social workers considered that one of the main strengths of multi-agency
working within adult protection work was being able to share information with other
professionals, often at a person to person level, particularly between social services
and the police. Shared decision-making and shared responsibility for service user
outcomes were also seen as positive aspects of multi-agency working. New skills
learned from other professionals and the sharing of best practice were also much
valued. Many of the social workers thought that a lack of resources, in terms of
financial, human and time constraints affected the extent to which agencies worked
together and their own capacity for involvement activities.
A large study for the Department of Health on the effectiveness of multi-agency
working and the regulatory framework in Adult Protection in England and Wales
(Penhale et al, 2007) identified the benefits of partnership working as including:
information sharing and sharing of skills, knowledge and expertise; while the barriers
included: some lack of commitment to partnership working, agencies not providing
the resources required (financial or human resources) with little evidence of jointfunding arrangements, lack of clarity about the roles and responsibilities of each
agency, insufficient information sharing, and different priorities in relation to adult
protection amongst agencies.
In a qualitative study, McCreadie et al (2008) also found that confidentiality and data
protection rules were seen as impeding the sharing of information across agencies, a
difficulty compounded by different perceptions of abuse and the necessity to report it,
and confusion over who should be informed about a case, how often, and in how
much detail.
A report on the governance of safeguarding adults boards by Braye et al (2011) for
SCIE found that good interagency working at Board level is promoted by a history of
joint working, information sharing protocols, positive relationships between
individuals and shared understanding of the importance of adult protection. It is
hindered by poor information sharing, limited understanding of roles, non-attendance
or involvement of key agencies at meetings and conflicting organisational priority
given to safeguarding. The report involved a systematic review of the literature, as
well as a number of stakeholder workshops, a survey of SAB’s documentation and
interviews with key informants.
Braye et al (2011) observed that producing policies, procedures, protocols and
guidance is one of the key ways in which Boards attempt to secure adherence to
52
standards of practice in the many agencies whose work contributes to safeguarding.
Standards and guidance commonly cover aspects of safeguarding, including: training
and workforce development.
1.7
Models of care
Insufficient evidence to support or reject
A causal link between specialist Adult Protection Coordinators and better
safeguarding referral rates.
A causal link between specialist multi-disciplinary team and reduced levels of
abuse in care homes.
A causal link between performance monitoring and a reduction in referrals for
neglect.
A number of models and initiatives are described in the literature on adult
safeguarding, in particular: Adult Protection Coordinators; Croydon Care Home
Support Team; performance monitoring; a thresholds framework; and a vulnerability
checklist.
1.7.1
Adult protection coordinators
According to Cambridge et al’s analysis of a large dataset (2011a), Adult Protection
Coordinators (APCs) were associated with higher levels of investigation and joint
investigation, a lower proportion of cases where no further action resulted and more
positive user outcomes such as post-abuse work with victims and perpetrators and
increased monitoring. Evidence from the study also confirmed that one of objectives
of the APC role in Kent, to provide a focus on preventing and managing institutional
abuse in the residential sector was being achieved, with APCs associated with a
higher proportion of referrals relating to older people and institutional abuse.
Cambridge and Parkes (2006) in a case study evaluation of the work of six specialist
Adult Protection Coordinators in one county, conducted 26 interviews including six
APCs, their district managers and a sample of team leaders and care managers,
along with stakeholders in areas and districts in Kent without an APC role and in
Medway where the role was not developed. Overall, they found gains in objectivity
from separating out the core tasks of adult protection case management, such as
chairing planning meetings and case conferences from other activities related to
investigation or advocating on behalf of service users, which would normally be part
of care management. However, they could not confirm a causal link between APCs
and better referral rates.
53
There were operational advantages in the APC role, such as inter-agency liaison and
the holding of specialist knowledge and advice. Co-ordination worked most
effectively where the APC role was integrated into local operational decision-making
and caseload allocation, with the core tasks of adult protection case management
spread across local teams and management, in accordance with experience,
competence and case responsibilities. Where APCs were able to adopt a strategic
and advisory function, overall practice standards in adult protection on the part of
mainstream care management improved through the monitoring and scrutiny
functions provided by the role (Cambridge & Parkes, 2006).
1.7.2
Croydon Care Home Support Team
Lawrence and Banerjee (2010) conducted a qualitative evaluation of the Croydon
Care Home Support Team. Interviews were conducted with 14 care home managers
and 24 care home staff across 14 care homes. The multi-disciplinary team (which
was established in responses to reports of abuse) comprising one district nurse, one
community psychiatric nurse (CPN) and one social worker aims to address the entire
culture of care within all care homes within the borough including care homes with
and without nursing and care homes registered to provide care for old age, dementia,
mental disorders and learning disabilities. This involves promoting teamwork and
professional development, underlining the importance of person-centred care and
encouraging staff to examine existing care practices. The team placed emphasis on
supporting care homes rather than on inspecting, assigning blame or making
judgments about the quality of care.
Care home staff and managers reported improved communication, skills, motivation,
confidence and pride among staff. Evidence of increased competence in tasks, such
as record keeping and managing clients with challenging behaviour, coexisted with
evidence of shifting attitudes and beliefs, with staff reporting that the way that they
perceived and interacted with residents had changed. The collaborative approach of
the CHST was considered to be its greatest strength. The readiness of the team to
listen, provide positive feedback, work around the needs of the care home and not to
judge past or present care practices presented as a successful method of engaging
care home managers and staff.
1.7.3
Performance monitoring
Giordano and Street (2009) describe the development and ongoing implementation
of a new Area Adult Protection Committee provider performance monitoring process
in Caerphilly. The process involved responding to initial, ongoing and/or serious
54
concerns regarding standards of care provided in Caerphilly (internal and/or
external); clarifying how information is communicated effectively, how a timely
response is co-ordinated and how agreed actions are monitored; co-ordinating
multiple POVA referrals individually while sharing themes with agency partners;
propose actions to help provider improve; clarifying roles of staff from POVA, care
management, CSSIW, commissioning, the NHS trust and local health board; guiding
actions when to review/suspend/ restart placements; and providing useful templates
eg. action plans, letters, agenda; crystallising good practice with an audit trail.
Two themes emerged from using the process: staffing – conflict exists where partner
agencies believe that poor performance is related to inadequate numbers of staff;
and the impact of individual registered managers on quality. Giordano and Street
consider changes of management to be an early indicator of potential risk. A
reduction in the number of protection of vulnerable adult referrals for neglect due to
poor systems of care, poor quality management and supervision of staff in one
particular setting was interpreted as evidence of the impact of the initiative.
1.7.4
Thresholds framework
Collins (2010) describes the introduction of a thresholds framework and a tool in
Wales. This involves the development of 20 scenarios and events and a decision
framework to be used with staff to develop consistency in making decisions about the
threshold for an adult protection referral. However, the approach has not been
evaluated. Collins refers to guidance on the management of escalating concerns in
care homes, which informs arrangements for adult protection and provider
performance to be managed in tandem by the Welsh Assembly Government (2009).
1.7.5
Vulnerability checklist
An Inquiry by the Equality and Human Rights Commission (EHRC, 2011) notes good
practice in Leicestershire where agencies have developed a vulnerability factor
checklist and an antisocial behaviour vulnerability risk assessment tool to help
frontline staff to identify wider vulnerability. Factors which may be considered in the
Leicestershire context include health and disability; equalities/discrimination factors
(e.g. age, gender); personal circumstances (including being affected by antisocial
behaviour); and economic circumstances (such as deprivation/financial concerns).
The risk matrix allocates a score of 0-3 (or 0-5 for some factors), with high scores
given for anti-social behaviour that is: assessed as a hate crime happening daily
targeted on specific individuals. This has not been evaluated.
55
1.8
Risk assessment and personalisation
Good evidence to support
Social care practitioners experience dilemmas and tensions in balancing a
positive approach to risk taking with their safeguarding responsibilities.
Insufficient evidence to support or reject
How the implementation of personalisation and personal budgets affects adult
safeguarding.
The consultation report on No Secrets (DH, 2009), found that people are concerned
about the balance between safeguarding and personalisation. A number of studies
have identified a tension between risk and choice in adult safeguarding. This has
attracted greater notice with the introduction of personal budgets and the policy of
personalisation. Overall, there appears to be widespread uncertainty and a lack of
evidence in how professionals can best support different groups of services users in
positive risk taking.
A JRF review of research since 2007 on risk and adult social care in England
(Mitchell et al, 2012) found that studies repeatedly draw attention to the tensions and
dilemmas experienced by professionals in balancing a positive approach to risktaking with their professional and statutory duties to protect service users. This is
echoed by Galpin et al (2010) who reported on themes identified by
practitioners/managers and service users/carers. Their findings suggested
practitioners and managers were committed to safeguarding adults, but experience
difficulties in balancing the demands made of them in the context of promoting choice
whilst safeguarding adults. Inconsistencies exist between agencies in understanding
their role and responsibilities in Safeguarding Adults.
A different kind of tension is highlighted in Kalaga et al’s (2007) literature review on
harm prevention and intervention for adults, which concluded that there could be
confusion over who was responsible for what when it came to risk management and
safeguarding in general.
Carr (2010) reviews the research literature on personalisation and risk. She
concludes that practitioners may not be confident about sharing responsibility for risk
if their organisation does not have a positive risk enablement culture and policies.
Practitioners need to be supported by local authorities to incorporate safeguarding
and risk enablement in their relationship-based, person centred working. Carr cites
evidence that corporate risk approaches can result in frontline practitioners becoming
overly concerned with protecting organisations from fraud when administering direct
56
payments. This reduces their capacity to identify safeguarding issues and enable
positive risk taking with people who use services. She writes: research shows that
risk management dilemmas are an inherent part of social work practice and existed
well before the recent reforms associated with personalisation were clear (Carr,
2010).
One of the main findings of a review of mental health and social work (Ray et al.
2008) was that best practice guidelines encourage positive risk assessments
undertaken by multi-agency, multi-disciplinary teams in an open culture. However,
the authors found that professional guidance on how to balance older people’s needs
for protection with upholding civil rights in situations where people lacked capacity
was patchy.
A small study by Postle in 2002 explored how risk assessments and decisions were
influenced by resource availability. Postle interviewed 20 care managers (some
worked specifically with older people, others more generically) and carried out four
months of observations in two English social service offices and found the emphasis
on risk and eligibility had an important effect on the role of social workers and their
own practice. Postle suggested that social workers became ‘front line manager
gatekeepers’ with continuous risk assessment, but actually very little time to sit down
and work directly with clients, thinking and planning ways to address the risks users
have identified in their own lives.
Manthorpe and colleagues have carried out some initial studies of the
implementation of personal budgets in relation to adult safeguarding. For example,
Manthorpe et al (2011a) reported on the safeguarding aspects of the large-scale
evaluation of the Individual Budgets (IB) pilots. The data were derived from
interviews with 14 social services staff employed as Adult Safeguarding Coordinators
(ASCs) in the 13 pilot IB authorities who were interviewed in the early days of IBs in
2007 and again in 2008. Nine of the 14 had been involved in discussions about IB
developments. There were only two examples of safeguarding policies and
procedure documents that explicitly included discussion of both Direct Payments and
in Control arrangements or Individual/personal budgets; and in four other authorities,
Direct Payments were covered.
The study found examples of financial abuse, financial irregularities, concerns about
the criminal record of the carer (e.g. fraud), deception regarding levels of need,
allegation of rape, and Personal Assistants ignoring court injunctions preventing
specific visitors that were cited. The employee, whether family or friend, was
generally, although not in every case, dismissed. These cases had prompted the
57
authorities concerned to look again at their reporting policies, risk assessment
procedures, and monitoring and review arrangements. The MCA was only recently
coming into force and so details of Best Interests decision-making processes and the
impact of the obligations of the Act upon people caring for those lacking mental
capacity were unknown.
Another article, based on the baseline data for the large-scale evaluation of the
individual budget pilots (Manthorpe et al, December 2009), found that the adult
protection leads were not central to the early implementation of Individual Budgets.
There was a major concern among adult protection leads that the ‘wrong’ people
might respond to an advertisement seeking personal support, and, there was no
means of enforcing CRB and POVA List checks on care workers’ possible criminal
records or entry on the national vetting and barring scheme. The final report on the
IBSEN research (Glendinning et al, 2008b) suggested that there should be a clear
link between the adult protection and personal budget systems. The management of
risk and risk perception should be addressed as part of overall organisational change
management, with frontline practitioners, people who use services and carers
involved in the discussion (Manthorpe et al, 2008a).
1.9
Deprivation of Liberty Safeguards and Mental Capacity Act
Good evidence to support
There is limited awareness of the Mental Capacity Act, Deprivation of Liberty
Safeguards and Lasting Power of Attorney and lack of clarity about the legal
obligations for staff.
1.9.1
Implementation of the Mental Capacity Act
The Mental Capacity Act 2005 (MCA) was fully implemented in England and Wales in
October 2007. It applies to everyone working in health and social care who is
involved in the support, care and treatment of people who may lack the ability to
make decisions for themselves. The MCA extended the legal responsibilities of
people caring for those who do not have capacity to make specific decisions. The
Act presumes that everyone has the capacity to make decisions for themselves
unless proven otherwise. There are clear processes, outlined in the Code of Practice
to assess whether a person lacks capacity. The Act requires that all decisions made
for or on behalf of a person who lacks capacity are made in their best interests. New
protection for people lacking capacity to make specific decisions arises from the
introduction of criminal offences of ill-treatment and wilful neglect (Manthorpe, Samsi
et al, 2011). The Deprivation of Liberty Safeguards (DOLS) came into force in April
58
2009 and apply to people lacking capacity who are likely to be deprived of their
liberty for the purpose of being given care or treatment in a care home or hospital.
Manthorpe, Rapaport et al (2009) reported on interviews with 15 safeguarding adults
co-ordinators (SACs) in the London area about the operation of the Act and its
impact on adult safeguarding work particularly in relation to people with dementia.
They concluded that SACs had incorporated the principles of the MCA into their
practice and systems of work. They were generally well informed, providing an
expert resource for local professionals and communities. While processes of
referrals and relationships were being devised at local levels, there was a wish for
greater knowledge of the thresholds and definitions of the offences within adult
services, and also the criminal justice systems.
A number of studies indicate limited awareness among staff of the MCA and lack of
clarity about legal obligations: Harbottle (2007) in a small qualitative study of
safeguarding managers in three local authorities found evidence of poor
understanding of the Mental Capacity Act 2005 and its implications for sharing data.
In addition, she found that managers felt ill-prepared for chairing conferences due to
a lack of training, skills and knowledge about confidentiality, particularly when to
share information, and when to refuse to share on the basis of patient confidentiality.
Although confident about achieving an agreed outcome when a victim of abuse
lacked capacity, managers were anxious about achieving agreed outcomes when a
victim’s rights to take risks conflicted with the case conference’s ideas about their
best interests.
1.9.2
Best Interests Decisions
Making Best Interests Decisions (Williams et al, 2012) reports on a study of
professional practices in best interests decision making under the MCA in four
contrasting areas of England, amongst health, social care and legal professionals.
An online survey, telephone and face to face interviews were carried out in 2010-11.
Not all care home staff were confident about their duties under the MCA.
Participants in the research felt they would benefit from more training, support and
guidance about the MCA, which was specific and relevant to their profession. They
also said they gained invaluable support from MCA advisors or local ‘leads’.
The MCA instructs practitioners that there should always be a presumption of
capacity, unless proved otherwise. However, this principle was not always adhered
to. Health or social care staff making a best interests decision that results in
someone’s liberty being restricted must seek authorisation through the DOLS. Over
a third of the decisions included in the study potentially required such authorisation,
59
yet some workers were unaware of the safeguards. There were dilemmas for staff
who were primarily concerned to respect clients’ autonomy, and felt concerned about
overriding that autonomy.
Williams et al report that best interests decisions in social care were most frequently
carried out through a series of multi-disciplinary team meetings. Typical features of
successful practice in social care decisions were good chairing and organisational
skills, clarity in defining the decision to be made, and an overriding concern for
engaging the client at the centre of the process.
1.9.3
Deprivation of Liberty Safeguards
The Care Quality Commission’s second report on the Operation of the Deprivation of
Liberty Safeguards in England, 2010/11 (CQC, 2012) reviewed a sample of 1,212
inspection reports distributed across all regions, concluded that many providers have
developed positive practice, notably in involving people and their carers in the
decision-making process. Between April 2010 and March 2011, adult social care
settings submitted 1,600 notifications about an application to deprive someone of
their liberty (70%), social care had a 68% authorisation rate. However, while the
number of applications for authorisations under the safeguards rose, there continue
to be areas that need to be addressed. Specifically, there was some confusion about
what constitutes a deprivation of liberty and this can cause inconsistent practice. A
‘rump’ of providers had still not trained their staff in the Safeguards, two years after
their introduction. Training and guidance, including updates, were considered likely
to be key to developing consistent practice.
About a tenth of care home inspections in the sample mentioned the use of
restrictions or restraints. The majority of uses of restraint concerned locked doors or
the use of bed rails. In some care homes these practices were in operation without
any consideration of whether they might constitute a deprivation of liberty. The
authors found only one example in a care home where a deprivation of liberty
application had been made in relation to the covert administration of medicine.
1.9.4
Staff understanding and practice
In an early informal review of the implementation of the Deprivation of Liberty
Safeguards for the Mental Health Alliance, based on feedback from Alliance
members, Hargreaves (2010) also found that the introduction of DOLS was
highlighting a widespread lack of understanding of the main MCA, which means that
care providers do not know when they are exceeding the powers it gives them and
therefore cannot know when they need to apply for a DOLS authorisation. The
responses also suggested that there may be widespread lack of adherence to legal
requirements on the part of those operating the procedures.
60
Lack of understanding also emerged in a Department of Health report on the work of
the Independent Mental Capacity Advocate service during its fourth year 2010/2011
(DH, Bonnerjea, 2011) when there were 10,680 eligible instructions for the IMCA
service in England. The author concluded that variations in the rate of IMCA
instructions indicated that the duty to refer people who are eligible to IMCAs is still
not understood in all parts of the health and social care sector.
Another aspect was highlighted in a study by Scope for the Department of Health
(DH/Scope, 2009) involving case studies of six people from three different Scope
residential services across England, before and after the Act. Although training on
the MCA had been received by the majority of staff, the author found that training did
not change their approach to their work, and there was evidence that a greater
cultural change was needed if services were to become more inclusive of service
users’ views. Blanket decisions were still being made about the capacity of service
users to be involved in decision-making because of the level of their disability. Staff
were afraid of causing distress if ‘unrealistic’ choices were offered. There appeared
to be an assumption by staff that once people were living in the care service system,
there was no need to look at lifestyle alternatives. The authors concluded that the
principles that underpin the MCA clash with the culture of ‘care’.
A contrasting study by Manthorpe, Samsi et al (2011) involved 32 exploratory
qualitative interviews with care home managers and staff in five care homes owned
by a not-for-profit group in Southern England to explore issues relating to
implementation of the MCA, including staff abilities to incorporate a new legal
framework addressing mental capacity into care of people with dementia.
The research team found that regardless of knowledge of MCA, the daily working
ethos of staff appeared to be within the remit of Act. Despite a lack of knowledge
about the Act admitted by most participants in the study, its principles were
congruent with their expressed practice values. However, there was considerable
variation in understanding of terms and principles of the MCA. Managers had more
general awareness of the MCA than care workers. Few participants were aware of
specific legislative points and offered ‘common sense’ explanations for their actions
and decision-making. While some of the variations may be attributable to differences
in staff roles and levels of responsibility, others were not so explicable.
Manthorpe, Samsi et al (2011) concluded that professionals supporting people with a
dementia or those moving to care homes should not presume that managers are
equipped to give advice to new residents or to debate its provisions. For example,
61
few care staff were aware of the role of a Lasting Power of Attorney (LPA), meaning
that residents and those granted LPA may not have been able to communicate what
they had decided, or be sure that the legality of such decisions was acknowledged.
In a qualitative study involving interviews with 17 voluntary sector staff from local
Alzheimer’s Society and carers’ organisations in London in 2008–09, Manthorpe,
Samsi and Rapaport (2012) found that voluntary sector staff’s capability and interest
in using the MCA varied - centring mostly on the information and advice sought by
clients or offered to them. Most felt that their roles extended to giving information
and advice to people with dementia and carers, but stopped short of providing
detailed legal advice so referring them to solicitors instead.
The impact of the MCA on social workers’ decision-making in Norfolk, among those
working with people with dementia was explored in a small qualitative study by
McDonald et al (2008). They found that some teams had proactively organised their
own training events and case study groups around the MCA. All teams had copies of
the Code of Practice available in the office; some teams were merely aware of its
existence, whilst others reported that they used it very much as a working tool.
Professionally, the social workers involved appeared to have developed greater
professional confidence in their assessment and decision-making skills within the
structure provided by the MCA. Inter-professional working was a strong feature of
MCA cases. Fourteen social work staff were interviewed about individual cases.
1.10
Serious case reviews and lessons learned
Good evidence to support
Areas highlighted in Serious Case Reviews include: staff training and
supervision, multi-agency communication, roles and responsibilities, risk
management and assessment, whistle-blowing, organisational culture, use of
agency staff.
Some evidence to support
Experience of safeguarding incidents is used to improve practice at the local
level.
There is no publicly available database for Serious Case Reviews and the thresholds
for which cases require a Serious Case Review do not appear to be clear. However,
there have been a number of surveys and analysis of individual and groups of
Serious Case Reviews. There is considerable overlap in the issues highlighted in
Serious Care Reviews, from staff training and supervision to whistle-blowing and
62
organisational culture. It is striking that there is only limited evidence of the use of
lessons from safeguarding incidents to improve practice.
Manthorpe, Stevens, Hussein et al (2011) commented that overall Serious Case
Reviews (SCRs) have been little analysed, partly because their formats and
thresholds are so variable, but they offer rich narrative descriptions of individual and
system failures. Aylett (2008) noted the lack of a coherent strategy for disseminating
the findings of inquiries and no national collation of data emerging from inquiries
relating to vulnerable adults.
A national survey of Serious Case Reviews in adult safeguarding, and interviews with
14 people with experience of commissioning or conducting SCRs, by Manthorpe and
Martineau (2009) for the Department of Health found that between 2000‐2006 at
least 94 Reviews had been conducted, were in progress or were in prospect in
England (across 62 authorities). The maximum number undertaken in any one
authority was four. They identified strong support for greater national guidance about
SCRs and a national collation of SCRs in order to disseminate lessons learned or
points of difficulty. Reports were often characterised by a failure to expressly
consider the issue of threshold (what made this particular case or incident deserving
of a review). This meant that the rationale for a report was not always clear, nor was
its methodology.
An analysis of 18 Serious Case Reviews across London over a two year period
(Bestjan, 2012) found an informal raising of thresholds invoking Serious Case
Reviews, specifically that they were in response to deaths, rather than other criteria
outlined within SCR protocols. More than half the cases were older people (over 60)
and one-third of the total were living in care homes. Almost all (94%) highlighted
issues regarding information handling, incorporating both record keeping and
information sharing. Reviews highlighted the need for commissioning staff to be well
trained and to have access to expertise.
Within some regulated services (care homes, domiciliary care agencies) staff were
not sufficiently trained in order to meet the needs of residents and service users. The
exact nature varied according to the individual circumstances, but identified shortfalls
encompassed training on: dealing with people with complex needs/ challenging
behaviour; awareness of specific health/medical conditions; appropriate responses to
emergencies; first aid; and tissue viability (Bestjan, 2012).
Staffing levels and competence were particularly critical aspects of 2 Serious Case
Reviews of people with learning disabilities resident in care homes. In many cases
63
risks were present, but assessments and resultant plans to address were not
sufficiently robust or comprehensive. Risk areas were not always reflected or
embedded into care plans/protection plans. Bestjan also reported that issues
regarding multi-agency working and communication were a significant feature in fourfifths of the SCR reports.
Manthorpe and Martineau (2011) analysed a sample of 22 Serious Case Review
reports, as part of a study commissioned by the Department of Health. The SCRs
reviewed had been commissioned from 2000 on and took place before the
implementation in 2007 of the 2005 Mental Capacity Act. Of the twenty-two reports
analysed, thirteen involved a fatality and evidence of neglect or abuse, and eight had
taken place in a care home, of which seven involved care home staff. It was not
always clear what the definition of ‘seriousness’ was that was being employed for a
SCR, or who had decided whether this threshold had been met.
According to Manthorpe and Martineau (2011) the majority of the reports identified
deficits in interagency communication, the exact nature of the deficit depending, of
course, on the circumstances. This was combined with a lack of awareness about
adult safeguarding procedures, indicating a need for training or information among
social and health care staff. Some reports made specific recommendations that
training should include knowledge of incident reporting systems. Other
recommendations arising more than once in the sample, included calls to ensure that
whistle-blowing policies were known to staff. In terms of follow-up, the reports
generally contained little evidence of action plans.
In a brief summary of 8 recent abuse inquiries, Aylett (2008) noted those areas of
policy or practice highlighted in recommendations for change advocated in the
inquiries relating to vulnerable adults. A number of workforce related themes emerge
frequently: staff training, management skills and leadership, whistle-blowing, practice
standards and skill mix, practice and policy on control and restraint, adult protection
policy and procedures, regulation and monitoring, and supervision.
Galpin et al (2010) identified a similar range of themes in a review of inspections and
Serious Case Reviews:
issues around multi-agency working, confusion over roles and responsibilities,
and lack of clarity in decision making or recording of those discussions.
training around safeguarding is limited, badly co-ordinated and inadequate.
poor record keeping
64
poor monitoring and supervision has led to poor practice and limited quality
assurance
ineffective leadership from managers on safeguarding
poor managerial accountability.
poor multi-agency communication and partnership in decision making.
confusion around the inter-relationship between mental capacity, risk, choice and
safeguarding.
individuals who are ‘difficult’ or live a chaotic lifestyle are not perceived as
vulnerable and the focus of practice is not on protecting them, but managing
them.
A review of ten very serious cases in which disabled people died or were seriously
injured, as part of an Inquiry by the Equality and Human Rights Commission
identified lessons learned in relation to people living in the community, including the
need to:
implement a corporate approach to adult protection, with training for all publicfacing staff and their managers on identifying and referring people at risk of harm;
develop and implement partnership approaches to preventing harassment and
safeguarding adults at risk of harm;
protocols for discussing cases where there are clients in common across
children’s and adults services should be put in place (EHRC, 2011).
The Department of Health Review of Winterbourne View Hospital – Interim Report
(DH, 2011) based on focussed inspection of 150 hospitals and care homes for
people with learning disabilities found that Winterbourne View was an extreme
example of abuse. However, the authors found evidence of poor quality of care, poor
care planning, lack of meaningful activities to do in the day, and too much reliance on
restraining people.
An internet search of SCR reports as part of this review identified 14 publicly
available SCRs. Workforce issues were mentioned as relevant factors, including:
training and continuing professional development, supervision, risk management and
assessment, organisational culture, whistle-blowing, information-sharing,
personalisation and mental capacity, and use of agency staff.
Findings from the Serious Case Review by Warwickshire SAP (2011) of the murder
of Gemma Hayter highlighted a number of points including:
65
Risk assessments were not routinely or systematically undertaken or used by
agencies to underpin decision making in relation to undertaking reassessments
and the closure of cases.
Mental capacity assessments were not completed. Decisions were made on the
assumption of capacity that was not tested out.
The adult safeguarding process and threshold of significant harm relies on the
presence of a single large trigger and fails to identify people at risk in the
community where evidence is through a larger number of low level triggers.
Flynn (2010) provides a descriptive account of steps taken in Cornwall following a
serious case review into the death of Stephen Hoskin. Following the review,
Cornwall Council Adult Social Care Department undertook to: review the risk
assessment and review processes; review systems by which services are terminated;
establish local, interagency vulnerable adults meetings; and to establish protocols
between Supporting People and adult social care to highlight concerns. Some
tangible successes were reported, including: the culture shifts; an aspiration to
respond in more sophisticated ways to safeguarding alerts; the introduction of shortand long-term teams; and advances in information sharing. Flynn observed progress
in locating safeguarding in the mainstream through the work of the Multi-Agency
Adult Protection Unit. Flynn (2010) concludes: “Aided by an overarching
safeguarding priority, key favourable factors include: the continuous generation of
information in the course of enacting their actions; effective leadership at all levels;
and a collaborative spirit that has transcended sectors and individuals”.
CSCI’s study (2008) found that only 38% of managers had used their experience of a
safeguarding incident to improve practice. Higher-rated services performed better in
both learning from incidents and using feedback surveys to improve practice in
safeguarding people. Around half of those responding could not describe adequately
how they had used learning from an incident to improve their service: private sector
services demonstrated the least capacity to learn (36%) and voluntary sector the
most (47%) only 16% of ‘poor’ services learned from safeguarding incidents as
opposed to 60% of ‘excellent’ services.
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Summary table of issues highlighted and sources
Issues highlighted
Source
Information handling: record keeping an information sharing; Bestjan (2012)
Multi-agency working; Training of commissioning staff;
Staffing levels; Lack of staff training on dealing with people
with complex needs/challenging behaviour, specific health
needs, responses to emergencies, first aid and tissue
viability; Inadequate risk assessment and planning.
Poor interagency communication; lack of awareness of
safeguarding procedures among health and social care
staff; lack of knowledge of whistle-blowing policies.
Manthorpe and
Martineau (2011)
Staff training; management and leadership skills; whistleAylett (2008)
blowing; practice standards and skill mix; practice and policy
on control and restraint; adult protection policy and
procedures; regulation and monitoring; supervision.
Multi-agency working and communication; confusion over
Galpin et al (2010)
roles and responsibilities; safeguarding training; recordkeeping; monitoring and supervision; weak leadership on
safeguarding; poor management accountability; confusion
about relationship between mental capacity, risk, choice and
safeguarding; managing rather than protecting ‘difficult’
clients
Need for corporate approach and training of staff to identify
and refer people at risk of harm; Partnership approaches to
safeguarding and prevention; Shared protocols across
children’s and adult’s services.
EHRC (2011)
Poor quality care; Poor care planning; Over-use of restraint
DH (2011)
Training and continuing professional development;
Supervision; Risk assessment and management;
Organisational culture; Whistle-blowing; Informationsharing; Personalisation and mental capacity; Use of
agency staff.
IPC review of 14
SCRs.
Poor risk and mental capacity assessment procedures;
Reliance on a single large trigger rather than a number of
low level triggers as threshold for safeguarding.
Warwickshire SAP
(2011)
67
2
What are the gaps in the evidence base?
A number of gaps in the research evidence were identified in the review, which
reflects the general lack of good evaluation and longitudinal studies in social care
policy research. Overall, few of the high volume studies in the field of adult
safeguarding were directly focused on workforce questions. The main gaps are:
3
Lack of evaluation of the impact of different types of staff training on safeguarding
in either the short or long-term
Little research on effective interventions that prevent and respond to harm
against adults in different care environments.
Lack of research on the private sector workforce and adult safeguarding.
Lack of research on adult safeguarding, the social care workforce and: people
with mental health conditions, people with physical disabilities, women at risk of
domestic violence, or forced marriage.
Limited research on the impact of personalisation and the expansion in the
number of personal assistants providing care in people’s own homes in terms of
safeguarding.
Gaps in evidence about risk of abuse, neglect or fraud.
A limited number of longitudinal or observational studies.
Conclusion
In reviewing adult safeguarding and the social care workforce, it is worth noting how
much the policy landscape has changed over the 10 years covered by this evidence
review: from ‘No Secrets’ to a new programme of action in the wake of the
Winterbourne View review and a proposed new safeguarding duty in the draft Care
and Support Bill. Adult protection has morphed into adult safeguarding and new
groups of people have become the potential subjects of adult safeguarding
procedures.
Although the search for evidence identified a large number of articles and grey
literature, much of this was of little, or tangential, relevance to the social care
workforce. There have been a number of studies looking at the characteristics of
clients and perpetrators, settings and types of abuse which have contributed to an
understanding of who is affected and possible risk factors. A number of these are
workforce-related, such as levels of training and development, management and
leadership, use of agency staff. However, much of the evidence is based on a
limited number of studies and cases.
68
The evidence review indicates the need for better staff understanding of what
constitutes abuse and how best to respond to it. But there is a serious lack of robust
evidence about how best to equip staff with the knowledge and skills required to
recognise and respond effectively to abuse in order to safeguard adults at risk. For
example, there is a need for more research on whether and how to train people in
relation to adult safeguarding in order to improve outcomes.
Effective multi-agency working, particularly in terms of information sharing also
appears to play an important role in adult safeguarding. The research evidence does
not indicate how far POVA has been effective in reducing risks to vulnerable adults
from care staff. There are a number of other measures and initiatives to prevent
abuse or improve adult safeguarding described in the literature. However, there was
a lack of robust evidence to indicate whether or not they work.
The introduction of personal budgets and personalisation has created new
challenges for employers and the social care workforce. To date, there has been
relatively little research in this area and little is known about its impact on adult
safeguarding and levels of abuse. Given the higher levels of financial abuse
encountered in domiciliary care, it is likely that this may be a major risk area for
personal budget holders.
Research indicates variable awareness among staff of the Mental Capacity Act,
Deprivation of Liberty Safeguards and Lasting Power of Attorney, and some staff are
unclear about their legal obligations with respect to these matters.
Serious Case Reviews have highlighted a range of areas relevant to the social care
workforce. A number of workforce factors are frequent or recurring themes. Staff
training and supervision; effective management and leadership on safeguarding;
organisational culture; good information sharing and multi-agency working; whistleblowing and limited use of agency staff all appear to play a part in reducing the
likelihood of the kind of incident that may result in a Serious Case Review. However,
analysis has been relatively unsystematic in the absence of a national database.
Opportunities to learn lessons from these important case studies have therefore been
hampered, although some research indicates that experience of Serious Case
Reviews has not always been used to improve practice at the local level.
In conclusion, this evidence review has identified a wide range of research studies
both quantitative and qualitative but has identified only a couple of systematic
reviews. Nevertheless, it has endeavoured to identify a range of relevant evidence
69
about current practice, what works and what are the key characteristics of effective
practice, and where the gaps in the evidence base exist in relation to adult
safeguarding and the social care workforce.
70
C:
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