Agenda item

To consider a report by the Safeguarding Team Manager (copy enclosed) providing an overview of the impact of local safeguarding arrangements and practice and to review progress in this key area of work over the last twelve months.

10:05 a.m. – 10:50 a.m.

In the absence of the Lead Member for Well-being and Independence the Head of Community Support Services introduced the Team Manager:  Safeguarding’s Annual Report on Safeguarding Adults in Denbighshire for the period 1^st April 2017 to 31^st March 2018, copies of which had been published and circulated in advance of the Committee’s meeting. 

During his introduction the Head of Service informed members that the report, the format of which had been amended in line with previous suggestions made by the Committee, outlined the legislative requirements relating to safeguarding, the improvements achieved during the year in relation to the consistency and quality of safeguarding work and the processes in place to address any safeguarding concerns brought to the Council’s attention, along with details of the number of referrals received in the county during 2017-18.  As in previous years, and in line with the national trend, the number of adult protection referrals had increased during 2017-18.  Nevertheless the 8% increase in 2017-18 in comparison to 2016-17 was considerably less than the increase of 48% recorded in 2016-17 compared to 2015-16.  The Head of Service detailed the safeguarding ‘headlines for 2017-18’ listed in the report advising members that in response to concerns raised by Care Inspectorate Wales (CIW) on the quality of strategy meeting minutes and their potential to provide a sufficient audit trail, significant improvements had been made in relation to this aspect of the work, with minutes now including evidence of formal outcomes and action plans with agreed timescales for completion being produced.

The Head of Service assured the Committee that the Council’s performance against the only national performance indicator (PI) relating to adult safeguarding – the number of enquiries completed within 7 working days – which stood at 67% was not the ‘best’ or ‘worst’ performance in Wales.  He emphasised that this indicator encompassed all aspects of dealing with the enquiry, including the conclusion of all administrative tasks which was to an extent dependent upon partner organisations completing their paperwork and submitting them to the Council on time.  It was important to understand that, whilst the Council’s performance in relation to the PI did not seem that good, the Council’s priority was to ensure the safety of the vulnerable individual.  If there was evidence to suggest that an individual was at risk of any type of harm, action would be taken on the day the evidence came to light.  Prior to responding to members’ questions the Head of Service explained the Deprivation of Liberty Safeguards (DoLS) requirements and the potential implications of the reform proposed in the new UK Mental Capacity (Amendment) Bill (MCA Bill) on DoLS, which will see them replaced with a scheme which will be known as the Liberty Protection Safeguards.  Denbighshire’s performance in relation to DoLS activity during 2017-18 was in line with other Welsh local authorities.  He also expanded on the Council’s key objectives in relation to adult safeguarding for the current reporting year.

Responding to the Committee’s questions the Head of Service and the Team Manager:  Safeguarding:

·         confirmed that the introduction of the Social Services and Wellbeing (Wales) Act 2014 and its associated processes in relation to safeguarding had probably contributed to the increase in the number of safeguarding referrals in recent years.  It was also widely accepted that public knowledge and perception of what constituted a violation of a vulnerable person’s life and their rights had also led to an increase in referrals;

·         advised that the ‘quality’ of an adult safeguarding referral to the Council could also affect the Authority’s ability to meet the 7 working day deadline for concluding an enquiry, as the provision of insufficient information required additional enquires to be initiated prior to the investigation commencing.  Any suggestion that a criminal act had taken place would require the Police to conclude their investigation before the Council could complete its inquiry.  Consequently, the 7 day target would not be met, particularly in complex cases and those which involved partner organisations.  Nevertheless, safeguarding actions will have been initiated to move the vulnerable person out of harm’s way if there was any initial evidence to suggest that they were subject to any type of abuse e.g. physical, mental, emotional, financial etc.;

·         informed members that the Council was committed to improving performance against the Welsh Government’s (WG) PI and was aspiring to complete 85% of enquiries received within the 7 working day target, in comparison to the current 67% and where that was not possible the robust recording mechanism put in place would clearly capture the reasons for non-compliance with the PI.  All authorities acknowledged that 100% compliance within the 7 working day target would never be achievable due to the complexities and nature of the work involved.  Nevertheless, the North Wales Safeguarding Board whose membership comprised of representatives from all agencies dealing with safeguarding issues was committed to improving performance and facilitating better and speedier working relationships between agencies.  With a view to realising this ambition it had published a guidance to agencies on how they could work together to improve performance and deliver better outcomes for vulnerable individuals who were at risk;

·         confirmed that whilst one of the case studies included in the report focussed on an allegation of financial abuse in relation to a ‘lasting Power of Attorney’, this type of abuse was no more prevalent in recent years than it was some years ago;

·         reassured members that the fact that ‘paid employees’ accounted for 69% of the individuals who had allegations of abuse of vulnerable adults made against them was not alarming, as ‘paid employees’ worked in a closely regulated service which had stringent procedures to follow if an allegation was made.  These employees at times supported their clients in intimate situations therefore were more at risk of allegations being made against them.  Each allegation was thoroughly investigated.  If patterns of allegations or concerns were identified the Council’s Commissioning Staff would place the providers into escalating concerns status and monitor them closely. Until such time as any shortcomings had been rectified the Council would not place new residents into those establishments or commission any further services from that provider;

·         confirmed that if an allegation of abuse against a carer or healthcare provider member of staff had been proven Disclosure Barring Service (DBS) checks would debar them from being employed in the care and health service sector in future.  A nationwide registration system for all care workers was due to be launched shortly.  Under this system any care worker who had allegations of abuse proven against them would lose their registration and would therefore be unable to be employed in the sector for the duration of their registration ban;

·         advised that whilst there would never be sufficient monies available to enable the Service to deliver all it wanted to deliver, it was nevertheless better resourced staff-wise now than in recent years, more contract monitoring staff were employed and teams were working together better in a bid to safeguard vulnerable residents; and

·         confirmed all local authority and private residential or nursing homes were inspected regularly and rigorously by Care Inspectorate Wales (CIW) who would as part of the inspection process identify any shortcomings or irregularities, including those associated with their recruitment processes.

At the conclusion of the discussion the Committee:

Resolved:

(i)        subject to the above observations to acknowledge the important nature of a corporate approach to the safeguarding of adults at risk, and the responsibility of the Council to view this as a key priority area and place it alongside the commitment and significance given by Denbighshire to safeguarding children at risk;

(ii)        that future annual reports also include case studies to which satisfactory solutions were not found in addition to those to which satisfactory outcomes were realised; and

(iii)     that, in due course, an Information Report be prepared and 

        circulated to Committee members on the  contents of the Mental Capacity (Amendment) Bill, and its implications for the Council and residents