Introduction: about coronavirus (COVID-19) and adult protection
With the coronavirus (COVID-19) pandemic and self-isolation, some
people will be at greater risk of harm. As a social service
worker, you have a legal and moral duty to make sure the adults
you work with are safe and protected. Adult protection is
everyone’s responsibility.
We've developed this brief guide to help new or redeployed staff
quickly understand the following areas.
Adult support and protection: what is it and who might need
protection?
Harm: what are the signs to look for?
What to do: what should you do if you identify a concern?
If you’re new to the workforce, please use this information and
speak with a line manager or supervisor if you need support. If
you’re an existing social service professional, we hope there's
information here to enhance your confidence and help you share
learning with others.
Before you read the rest of this resource, watch this video from
the
Act Against Harm website.The website was created for the general public to help them
understand more about adult support and protection.
If you’re a member of the public and have a concern please contact
your local authority.
If you have a concern to report as a social service worker, you
should follow your organisation’s policy and procedures.
Further information is available in the
What you should do section of
this webpage.
Adult support and protection: what is it and who might need
protection?
People in Scotland, no matter what their age, gender or ethnicity
have the right to be safe and protected from the risk of harm.
The
Adult Support and Protection (Scotland) Act 2007
aims to protect adults who are unable to safeguard their own
wellbeing, property, rights or other interests and who are at risk
of harm because they are affected by disability, mental disorder,
illness, physical or mental infirmity. Harm means all harm
including self-harm and neglect.
Local authorities in partnership with other public bodies have a
duty to make inquiries about a person's wellbeing, property or
financial affairs if they know or believe that person could be ‘at
risk’ and they might need to intervene.
Everyone working in the social service workforce has a
responsibility to contribute to protecting adults at risk of harm.
Adult protection can be very complex and this guide can not cover
all the possible things you might encounter. As you explore this
guide you'll find information and legislation applicable to most
situations. Further guidance is available from the Scottish
Government's
Code of Practice for Adult Protection
and the
additional national adult support and protection guidance
(for chief officers and adult protection committees) relating to
the COVID-19 pandemic.
Click on each category below to learn more and find links to key
resources.
are unable to safeguard their own wellbeing, property,
rights or other interests
are at risk of harm, and
because they are affected by disability, mental disorder,
illness or physical or mental infirmity, are more vulnerable
to being harmed than adults who are not so affected.
All three elements of this definition must be met. This
is known as the three-point test and is applied by local
authorities to determine whether an adult meets the criteria
of an ‘adult at risk’.
An adult with a disability or illness is not automatically an
‘adult at risk’.
An adult is at risk of harm if another person’s conduct is
causing (or is likely to cause) the adult to be harmed or the
adult is engaging (or is likely to engage) in conduct which
causes (or is likely to cause) self-harm.
Harm can be anything that has a detrimental effect on the
wellbeing of a person. If you think a person may be at risk of
any type of harm, you must report without delay so it can be
investigated by the local authority. They will determine if it
meets the three-point test. Please refer to the
What you should do
section for information.
Human rights do not alter during this pandemic, nor do
professional responsibilities in relation to adult support and
protection.
Many of the decisions taken by local authorities and other
public bodies, particularly in respect of adult support and
protection, will be done with reference to human rights.
Examples of human rights include:
the right to life
the right to respect for private and family life
the right to freedom of religion and beliefs.
In Scotland, human rights are recognised and incorporated into
the Health and Social Care Standards (2018).
These Standards are underpinned by five principles.
Dignity and respect
Compassion
Be included
Responsive care and support
Wellbeing
You can learn more about the Standards by watching the video.
As a result of the pandemic both the UK and Scottish
Governments have passed emergency legislation which introduces
some restrictions to human rights such as the prohibition of
public gathering. There are also other provisions relating to
care of adults with incapacity, some of which have yet to be
enacted. This
short guide to the Coronavirus (Scotland) Act 2020
published by the Scottish Government gives an overview of the
provisions of the Coronavirus (Scotland) Act 2020.
It's vital that any social service worker involved in adult
support and protection considers the legal and ethical issues
from a human rights-based approach. The UK Government
(Department of Health and Social Care) has released an
ethical framework for adult social care
in response to the pandemic. It provides a useful set of
principles to consider in all cases but especially where the
threshold for intervention under adult support and protection
is not met.
Fuller details on legislation is available in the SSSC Adult
Support and Protection App which you can download on
Google Play
or the
App Store.
The Human Rights Act gives further effect to rights and
freedoms guaranteed under the European Convention on Human
Rights. In care settings, the Human Rights Act supports and
strengthens the other Acts listed here. Everyone, wherever
they live in Scotland, is entitled to have their human rights
protected and as a social service worker you can play a key
role.
The Adults with Incapacity (Scotland) Act provides a legal
framework for making decisions on behalf of another person (if
it's agreed they do not have the capacity to decide). It can
cover welfare, property, financial affairs and medical
treatment. It recognises that, as far as possible, people
should have autonomy and be able to control their own lives,
and another person can only make decisions on their behalf
when it is justified and necessary.
The Mental Health (Care and Treatment) Act sets out when and
how people can be treated if they have a mental illness,
learning disability or related condition (called a 'mental
disorder' in the Act) and when they can be treated or taken
into hospital against their will. The Act contains ten
principles and a range of safeguards (such as 'Advance
Statements') to help professionals protect and promote the
rights of people receiving care.
The Adult Support and Protection (Scotland) Act 2007 aims to
protect those adults who are unable to safeguard their own
wellbeing, property, rights or other interests and they are at
risk of harm because they are affected by disability, mental
disorder, illness, physical or mental infirmity. Harm means
all harm including self-harm and neglect.
The Equality Act aims to protect people from discrimination,
harassment and victimisation. There are nine protected
characteristics described. The Act requires public bodies
(like local authorities and NHS boards) to consider how their
decisions and policies affect people with different protected
characteristics.
This Act introduced a duty of candour for organisations
following serious incidents in care settings which result in
death or harm. It also introduced offences for care providers
and workers found to have ill-treated or wilfully neglected
individuals in their care.
The Domestic Abuse Act recognises the multiple ways in which
people can be abused by a partner or ex partner. Domestic
abuse is a crime. It does not have to be sexual or physical;
domestic abuse can be any action that is violent, threatening
or intimidating. This includes psychological and emotional
abuse by a partner or ex-partner (commonly known as 'coercive
control').
Modern Slavery is a serious crime in which individuals are
exploited for little or no pay. The Modern Slavery Act brought
together and simplified existing legislation, and gave law
enforcement new powers. It increased sentencing powers and
strengthened protection for survivors.
The Human Trafficking and Exploitation (Scotland) Act makes
provisions about human trafficking and slavery, servitude and
forced or compulsory labour. This includes provision about
offences and sentencing, and provisions for victim support.
Harm: what are the signs to look for?
It's more important than ever that we are alert and looking for
potential signs and indicators of harm as a result of the
pandemic.
The main categories of harm are:
financial like theft, fraud, scams, exploitation and
misuse of benefits or property
physical like hitting, force-feeding, burning or the
misuse of medication or inappropriate use of restraints
neglect or acts of omission like ignoring or withholding
medical or physical care
psychological or emotional like humiliation, verbal
abuse, coercion such as persuading or manipulating someone to do
something by use of force or threats, keeping people away from
friends and family
sexual like rape, sexual assault and grooming
discriminatory abuse like bullying or making offensive
remarks against a person’s race, disability etc
self-harm like injuring or poisoning self
self-neglect like hoarding, or neglecting personal or
medical care
organisational/institutional like removing a person’s
individuality by adhering to strict regimes such as lack of
choice over clothes or food.
It's not possible to include all types of harm and it's important
to remember that harm can be anything that has a detrimental
effect on the wellbeing of a person. Many forms of harm are also
criminal offences.
In the course of your work, if you think a person may be at risk
of any type of harm, you must report this in line with your duty
of care and your organisation’s adult support and protection
policy.
Some people might be at greater risk of harm during the pandemic
therefore we've highlighted some specific signs and issues it
might be useful to be aware of.
There are many types and potential indicators of harm that
social service workers should look out for.
Harm is not always easy to spot. Often the clearest sign that
something is wrong will be a remark from the adult suggesting
all is not well but may also be reflected in body language or
physical presentation.
Signs and indicators you should look out for include:
general lack of interest and withdrawal
lack of personal care which may affect personal health
poor eating and nutrition
misuse of drug and/or alcohol
failure to seek help or access services for health and
social care needs
loss of motivation, inability or unwillingness to manage
personal affairs
loss of confidence
unexplained debts or an inability to pay for things as usual
inability to avoid harm as a result of social isolation
unusual injuries such as bruising or cuts
changes in usual behaviour
unexplained weight loss.
This is not an exhaustive list so above all trust your
instincts. If something feels wrong, say something to your
line manager or adult protection contact.
Due to self-isolation, shielding and social distancing
requirements, more and more people are increasingly at home
and socially isolated. Social isolation can be a major risk
factor in relation to harm, for example, the number and
severity of incidents of self-neglect, carer stress and
domestic abuse can increase with social isolation.
Specifically, isolation can mean people:
feel increased stress and tension from staying indoors
feel that they can’t ask for help as they fear being a
burden to stretched services
hide harm from others
do not get the support they need
can be taken advantage of by others who know that they are
vulnerable
are at a greater risk of experiencing undue pressure for
example when someone they trust is harming them or
influencing them to make harmful decisions.
It's important you look for signs arising from the pandemic
when undertaking your work as you might be the only person
someone has contact with.
The Social Care Institute for Excellence (SCIE) guide
Safeguarding adults during the COVID-19 crisis
highlights the increased risks of financial and cyber scams,
neglect and abuse that adults with care and support needs
might face. This guide was created for England so some of the
references are not applicable in Scotland.
Some types of abuse can be hard to identify, and often
victims feel they are unable to seek help. Help is available
for everyone.
If services need help, advice or information about any modern
slavery issue they can contact the
Modern Slavery Helpline.
The Scottish Government's
human trafficking policy page
provides links to resources to raise awareness of the issue
and the support available to victims.
What you should do: what to do if you identify a concern
It's important to report any concerns you have including the
following.
General concerns about someone’s wellbeing.
You see or hear about something which could be harmful.
You feel someone has done something to an individual which makes
you uncomfortable.
Someone tells you that something harmful has happened or is
happening to them.
Your organisation will have procedures for reporting adult support
and protection concerns to the local authority. Your employer has
a duty to make sure you have access to these. You have a
responsibility to make sure you are familiar with them and know
who you should contact about such concerns. This will often be
your line manager or supervisor but you also need to know who to
contact if they are not available.
You should report any concerns without delay.
If someone is in imminent danger or needs urgent medical
attention, then you may also need to call 999 to contact Police
Scotland or the Scottish Ambulance Service. It's also important
you minimise any risks to you and do not put yourself in danger.
If someone is in imminent danger you may need to call
999.
Although you may be facing a stressful situation, it's
important you act calmly. This will help to reassure the
person and can give you more confidence to deal with the
situation appropriately.
All local authority and health board staff (under Section 5 of
the Adult Support and Protection (Scotland) Act 2007) have a
duty to share and report their concerns. You should always try
to obtain the consent of the person to share information about
a concern wherever possible.
Reporting a concern
Adult support and protection legislation allows for
‘potential’ harm as well as ‘actual’ harm, so you do not have
to provide evidence for your concerns to be taken seriously.
If you believe an adult is at risk of harm your professional
judgment based on your knowledge and understanding of the
person’s situation is enough to report your concern.
If it turns out the person is not experiencing any harm, it's
better for you to have had this checked than not report your
concerns.
If you feel that the person continues to be at risk of harm,
you have a responsibility to report this to the appropriate
person (your line manager or supervisor) in line with your
adult support and protection policies and procedures.
Under Code 3, social service workers must promote the
independence of people who use services while protecting them,
as far as possible, from danger and harm.
Your employer also has a responsibility to support you to
understand your responsibilities.
Local authorities and other public bodies will continue to
prioritise adult protection during the pandemic.
Your own organisation might not carry out investigations.
Local authorities have the duty to lead investigations and may
carry out the investigation process directly. Once you report
your concerns, you may not have much further involvement in
the process. You may be interviewed or need to submit a
statement as part of the investigation process.
Investigators must uphold the confidentiality of the person,
so you may not be aware of any action that has been taken to
protect the person.
If you think your concerns are not being taken seriously, they
have not been passed on for investigation or if the concerns
relate to your line manager, you may need to use your
organisation’s whistleblowing procedures. While it is unlikely
you will ever need to use these, it is important you are
familiar with the whistleblowing procedures in case you do.
Adult Protection Committees
Adult Protection Committees (APCs) were created under the
Adult Support and Protection (Scotland) Act 2007 and each
local authority area in Scotland must have one. APCs are a
good source of guidance and training. To find your local APC,
type the name of your local authority and 'Adult Protection
Committee' into your internet search.
Adult Support and Protection App
This App from the SSSC is available on
Google Play
or the
App Store. The App is a useful source of information. Please note it
is not intended to be used as a stand-alone learning resource.
Scottish Government adult protection resources
On the Scottish Government
home page, type 'adult protection' in the search bar and you will be
directed to the appropriate pages.
The
Care Inspectorate
is a good source of information and guidance about how to
promote and protect the rights of vulnerable people who use
care services in Scotland.
This
website
is a good source of information about Power of Attorney and
the financial aspects of the Adults with Incapacity (Scotland)
Act 2000.
Trading Standards Scotland
The Trading Standards Scotland
website
has COVID-19 information on scams and trusted community links.
Scotland’s 24 hour Domestic Abuse and Forced Marriage
This
helpline
offers advice and support to people experiencing abuse and
professionals.
The Modern Slavery Helpline
This
helpline
offers help and advice on human trafficking and modern
slavery.
TARA (Trafficking Awareness Raising Alliance)
TARA
provides support to support women, over 18 years old, who have
been trafficked for the purposes of commercial sexual
exploitation.
British Association of Social Workers (BASW)
BASW has
practice guidance
for safeguarding adults during the Covid-19 pandemic.
Social Care Institute for Excellence (SCIE)
SCIE have produced a guide
Safeguarding adults with dementia during the COVID-19 crisis in partnership with the Alzheimer’s Society. This guide aims
to support care providers and staff to safeguard people with
dementia during the crisis. It was created for England so some
of the references are not applicable in Scotland.