POLICY Policy Title: Protection of Vulnerable Adults from Abuse Status (in force or draft) and version number: In Force Version 1 If in force, date from: January 2005 Approved by and date : (Management Forum, Directors, Trustees, Chief Executive) Management Forum Author: Miriam Martin Contact for additional guidance: Miriam Martin Stuart Clayton Tim Davies Glen Walker Next Review Date: November 2008 SUMMARY The aim of this document is to provide procedural guidelines outlining the response by Action for Blind People to alleged or suspected instances of abuse of tenants within our supported housing schemes at Swail House in Epsom and Bradbury Oak House in Dulwich. MAIN POLICY Action for Blind People seeks to always employ reputable members of staff and volunteers and uses the following mechanisms to ensure this: • A thorough application, recruitment and selection process, • Insistence upon receiving two written references from previous employees covering no less than the previous five years employment. • An Enhanced Criminal Records Bureau check on all members of staff employed at our supported housing locations. The challenge for Action for Blind People as an organisation is to ensure that we discharge equitably our legal and moral responsibilities to tenants in the event of abuse occurring or being suspected, with the overriding responsibility of ensuring protection of our tenants. Abuse can take many forms, as below, and are not acceptable in any way: 1. Physical Abuse – by the infliction of pain, physical restraint or confinement. Injuries may not always be visible although often they may result in bruises, broken skin, cuts, burns or broken bones. 2. Verbal Abuse – in the form of verbal aggression, intimidation, humiliation and making unreasonable demands. In addition to this, the use of unacceptable language, shouting or swearing at tenants or making them an object of ridicule. 3. Emotional Abuse – playing on someone’s emotions to make him or her afraid, uneasy or unnecessarily dependent is another form of abuse. Exploiting a tenant through a caring relationship is an abuse of the information trusted to the employee. 4. Financial Abuse – includes the improper use or control of, or the withholding of benefit books, property or bank books. This includes any unauthorised extraction of money. Staff must guard against uncontrolled cash handling of tenant’s money. 5. Racial Abuse – the making of racist comments using discriminatory behaviour or verbal abuse, victimising people, verbally insulting them and physically attacking them because of their racial or ethnic origin is abuse. 6. Sexual Abuse – forcing someone to take part in a sexual activity against their will is abuse. The force does not have to be physical. Undue emotional pressure placed on an individual may lead him or her to partake in behaviour he or she finds unacceptable. In the event of an allegation or suspicion of abuse: A. Referral 1. It is the responsibility of the Service Manager to create an environment where the alleged victim can express any fears or allegations without risk of reprisal, and the tenant and/or advocate must be informed of their right of complaint via the Action for Blind People’s complaints procedure. 2. It is the immediate duty of any member of staff or volunteer who suspects, observes or to whom is reported any allegation of abuse; to inform the duty manager, who in turn will inform the Service Manager and the Regional Manager South. In the event of an allegation against the duty manager the person to whom the allegation is reported must contact the Regional Manager South, or in their absence the Head of Regional Services. 3. All allegations or suspicions of abuse must be reported, taken seriously, and be documented, however minor. 4. Ensure all information is accurately and clearly recorded including details as specific as possible e.g. time, date, place of occurrence, nature of reported or suspected abuse, by whom reported, any witnesses. Note exactly what the complainant or referrer says. In such records factual information should be clearly separated from expression of opinion. Staff should be aware that the report may be required later as criminal or disciplinary evidence. 5. Ensure immediate medical attention if necessary. Inform the examining doctor of the suspicion of abuse and explain that a written report will be required. 6. It is the responsibility of the Regional Manager South in consultation with the Service Manager to decide whether the police need to be informed which should be done in liaison with the Head of Human Resources. 7. If the allegation is against a member of staff, the member of staff must be immediately suspended from duty on full pay and in line with existing Action for Blind People policies and procedures. This is without prejudice to the outcome of any investigation and is based solely on the need to protect tenants and members of staff. It is the responsibility of the Service Manager to suspend, or the Regional Manager South if the allegation is against the Service Manager. Where the allegation is against a member of staff any investigation will dovetail with disciplinary procedures and the Human Resource team should be fully involved in the process. 8. The Regional Manager South in consultation with the Service Manager must decide whether there is perceived to be an immediate and serious threat to the welfare of tenants and if so take immediate steps to ensure their safety. B. Investigation 1. If it is suspected that a criminal offence has occurred, the Regional Manager South, in consultation with the Service Manager and Head of Human Resources, will consult the local police alongside the process of internal investigation. If a police investigation is instigated, full co-operation must be given including access to the building and records, etc. 2. An internal investigation will include the following elements as appropriate: • An interview with the alleged victim to elicit information relevant to the allegation. This should normally be carried out by the most senior person who knows the tenant (normally the Service Manager) who must be accompanied by an advocate to support the tenant. • An interview with relatives/staff/other significant individuals. • Where the alleged abuser is a member of staff, disciplinary procedures must be invoked. • If internal investigation gives rise to suspicion of a criminal offence, the matter must be referred to the police as in 1 above. • A decision will be taken by the Regional Manager South either to end the investigation or to call a case meeting. 3. The Regional Manager South in consultation with the Service Manager, Head of Regional Services, Director of Services and Head of Human Resources will convene a case meeting as soon as possible after the initial complaint. This should normally be within five working days. • The purpose of the case meeting will be to determine the facts of the situation and to consider the future welfare of the alleged victim and wider protection issues arising from the case. • If the alleged abuser is a member of staff, disciplinary procedures will be separately invoked. • If the alleged abuser is a tenant, consideration will be given to the effects on tenancy of the individual/s concerned. The case meeting will devise an action plan to consider future support for any tenants affected and wider issues for the management of the service. After a period of 4-6 weeks a review meeting will be held to assess the effectiveness of the action plan and any issues arising from it. This should include a review of the process of investigation. Reviewed 26.11.07 (SC)