Transcript Information Sharing and Communication

Information Sharing and
Communication
and
Assessing Risk
Mark Hodgkinson Adult Protection and Review Officer 2014
Objectives
Information Sharing and Communication
1.
To help participants understand what information can and
should be shared about adults when they are concerned about
their wellbeing/safety etc
2.
To identify the obstacles to effective information sharing
3.
To provide participants with a clear understanding of the
legislative and policy background
.
Mark Hodgkinson Adult Protection and Review Officer 2014
Information Sharing and Communication
Objectives
• Help participants share information appropriately in the context of
adult protection
• To identify obstacles to proper sharing of information
• To provide legislative and policy background
Mark Hodgkinson Adult Protection and Review Officer 2014
Before Adult Protection
Much was already in place:
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National Assistance Act 1948
Social Work (Scotland) Act 1968
NHS and Community Care Act 1991
Adults with Incapacity (Scotland) Act 2000
Regulation of Care (Scotland) Act 2001
Mental Health (Care and Treatment) (Scotland) Act 2003
Protection of Vulnerable Groups (Scotland) Act 2007
Various powers to Trading Standards
Mark Hodgkinson Adult Protection and Review Officer 2014
But Then:
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“The Borders Case”
Women with learning disabilities left harmed, abused and unprotected.
Findings of the Lothian and Borders Inquiry:
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Failure to investigate very serious abuse
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Acceptance of squalid living conditions
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Failure to balance protection and freedom to choose
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Failure to financially protect the vulnerable
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Unwillingness to confront aggression
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Lack of communication with clients
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Poor record keeping
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No care plans or risk assessments
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No training
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Failure to understand responsibilities of professionals.
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There was a lack of information-sharing
Mark Hodgkinson Adult Protection and Review Officer 2014
But then:
Déjà Vu
The Report of the Committee of Inquiry into the Care and Supervision
Provided in Relation to Maria Colwell chaired by Thomas Gilbert Field
Fisher, a Recorder of the Crown Court, identified three main
contributory factors:
• the lack of communication between the agencies who were
aware of her vulnerable situation;
• inadequate training for social workers assigned to at-risk children;
• and changes in the make-up of society
Mark Hodgkinson Adult Protection and Review Officer 2014
Following the Lothian and Borders Inquiry there
was the intention, through legislation to:
• Provide a way of stopping abuse of more vulnerable people
• Protect adults at risk of harm
• Improve work between key agencies
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Support and Protection (Scotland)
Act 2007
• General Principles (Section 1 and 2)
• Defines “adults at risk” (Section 3)
• Duty to Inquire (investigate) (Section 4)
• Duty to refer and co-operate (Section 5)
• Protection orders (11, 14 and 19)
• Access to documents (Section 10)
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
General Principles
Only Intervene if satisfied;
• Will provide benefit, unlikely without intervention
• Is the least restrictive available to achieve objective
Interventions must have regard to;
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Views of adult (past and current)
Nearest relative/primary carer/guardian
Fullest possible participation of adult (assisted if necessary)
Adults background, ethnicity, abilities, etc.
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
Adults at Risk (3 point test)
• At risk of harm (as defined in the act)
• Cannot protect themselves or their property
• More vulnerable than others as a consequence or disability, mental
disorder, illness or physical or mental infirmity
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
Definition of Harm
• Another persons conduct is causing or is likely to cause an adult
harm.
• The adult is engaging in (or is likely to) conduct which causes self
harm.
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
Duty to refer and co-operate
• Section 5(3) states:
where it is known or believed that someone
is an adult at risk and that action is needed
to protect that person the public body or
office holder must report the facts and
circumstances of the case to the council for the
area in which it considers the person to be
• Section 49 Obstruction makes it an offence to stop adult
protection inquiries proceeding in certain aspects
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
• Duty to Inquire
• When must a local authority start doing a
dult protection inquiries (investigations)?
Mark Hodgkinson Adult Protection and Review Officer 2014
Adult Protection Act
Protection Orders
• Assessment – Local Authority can take an adult to a specific place to
find out if they are “at risk” and if so what must be done
• Removal – Local Authority can remove an adult at risk from a specific
place to prevent serious harm
• Banning – Local Authority can apply to ban someone from a specific
place to protect and adult at risk from serious harm
Mark Hodgkinson Adult Protection and Review Officer 2014
Principles of Act and Protection Orders
• Regard the views of the adult
• Cannot get a protection order unless adult consents
Or
Adult is subject to undue pressure
Or
Adult lacks the capacity to consent (arguable)
Mark Hodgkinson Adult Protection and Review Officer 2014
Communication
Why is it important?
• Co-ordination of protective measures
• Learn from and build trust with the adult at risk
• Learn from and build trust with others – family/other agencies
Mark Hodgkinson Adult Protection and Review Officer 2014
Adults at risk of harm should be able to:
• Report abuse
• Understand things that have happened
• Recognise abuse
• Get support and information
• Make their views clear
Mark Hodgkinson Adult Protection and Review Officer 2014
Adults at risk of harm should be able to:
• Report and recognise abuse
• Where might this be a problem?
• What should we be doing to make this
likely to happen when abuse takes
place?
Mark Hodgkinson Adult Protection and Review Officer 2014
Good Communication
• Clear words
• Use of aids (special needs)
• Suitable accommodation
• Giving of clear information
• Not just what we say but how we say it
• Non-verbal communication
Mark Hodgkinson Adult Protection and Review Officer 2014
Obstacles to communication and
information sharing
• Brainstorm in groups
Ignorance of/Misunderstanding of:
• Data Protection legislation
• Human Rights legislation
• Client/patient confidentially
• Personal skills
Mark Hodgkinson Adult Protection and Review Officer 2014
Information Sharing
Examples of Information Sharing Failure
Lothian and Borders Case
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Director/Assistant Directors lost jobs
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Abuse went on at length, un-investigated but not unreported (more important)
Mark Hodgkinson Adult Protection and Review Officer 2014
Soham Murders and Bichard Inquiry
Holly Wells and Jessica Chapman murdered by Ian Huntley (School
Janitor)
• 1995-1999 Huntley accused of 9 sex offences
• Social work knew of 3 allegations of underage sex against Huntley
but did nothing
• Data Protection Act – NOT TO BLAME
Mark Hodgkinson Adult Protection and Review Officer 2014
Caleb Ness / Victoria Climbie
• 8 year old and 11 year old murdered
• “arrangements for protection depend on the key agencies, health,
police and social services working together – in this case they did
not”
• “failure to undertake a risk assessment”
• Agencies tended to “make assumptions as regards
knowledge/training/actions of others”
Mark Hodgkinson Adult Protection and Review Officer 2014
How can we improve our Information
Sharing and Communication
• Make it the norm to share
• Help people understand they are part of the adult protection / Public
protection systems (all agencies)
Mark Hodgkinson Adult Protection and Review Officer 2014
ASP1 – record of an adult
protection investigation
See Handout in pack
Mark Hodgkinson Adult Protection and Review Officer 2014
Legal Framework – Sharing Information
in Adult Protection
1. Adult Protection Act 5 (1) “……Must co-operate with council adult
protection inquiries
and
5. (3) if a public body knows or believes that a person is an adult at risk
they “must report the facts of the case to the council”
Mark Hodgkinson Adult Protection and Review Officer 2014
Senior Policy Officer – Information
Commissioners Office, Edinburgh
• Input on Human Rights and Data Protection
Mark Hodgkinson Adult Protection and Review Officer 2014
From Jasmine Beckford, Marie Colwell to the Borders Inquiry and Baby P,
Every inquiry has found a failure to communicate and share information
None have found fault in agencies sharing too much
Mark Hodgkinson Adult Protection and Review Officer 2014