F/617/2090 Safeguarding And Protection In Adult Care Sample-

Introduction: F/617/2090 Safeguarding And Protection In Adult Care 

1.1 Explain the legislative framework for safeguarding vulnerable adults

Key pieces of legislation in the UK are the Mental Capacity Act 2005 and the Care Act 2014, which together provide a strong legal basis for protecting vulnerable persons who require care and assistance (SCIE, 2009). In order to offer comprehensive and coordinated care, the Care Act places a strong emphasis on the integration of care and support services between local government and the health sector. It imposes legal obligations on Local Authorities to protect adults, the need to prevent harm, enhance welfare, and personalise safeguarding. The five statutory principles of the Mental Capacity Act of 2005, which prioritise the least restrictive choices, decision-making support, and the assumption of capacity, serve to supplement these efforts (BHSAB, 2021). When taken as a whole, these laws seek to minimise any unjustified limitations on people's autonomy and decision-making capacity while simultaneously defending their rights, empowering them to make decisions, and guaranteeing that their best interests are prioritised.

1.2a Analyse how national and local guidelines, policies and procedures for safeguarding affect day-to-day work with individuals

The Care Act 2014 and the Children Act 1989 are two national frameworks and pieces of law that the UK has established that serve as the basis for safeguarding procedures. These national standards outline the moral and legal obligations that organisations and professionals have when it comes to protecting the welfare of the people who are most vulnerable (Johnson, 2019). National safeguarding standards are implemented in a nuanced manner to take into account the unique requirements and contextual elements of each community. Local authorities create policies and procedures that comply with federal regulations while taking into account the particular difficulties and demographics of their community.
They work in conjunction with organisations like the Local Safeguarding Children Boards (LSCBs) and Local Safeguarding Adults Boards (LSABs) (RIPFA, 2015). This localised approach guarantees that daily labour is considerate of the various demands of communities around the United Kingdom. The impact of these safeguarding guidelines is evident in the routines and decision-making processes of professionals. In healthcare settings, for example, practitioners follow protocols for identifying and reporting signs of abuse or neglect, ensuring the safety of vulnerable patients. As cited by Cardona (2023), social care professionals adhere to guidelines when assessing risks and providing support to individuals facing safeguarding concerns, and educators in schools implement policies to create safe learning environments for children. 

1.2b Analyse how national and local guidelines, policies and procedures for safeguarding affect 

Anybody who interacts with or provides care for vulnerable individuals is required under national standards regarding the protection of vulnerable individuals to submit to a Criminal Records Bureau (CRB) check, usually after the individual turns eighteen. Furthermore, other screenings, such checks against the Disclosure and Barring Service (DBS) list, could be required by local rules. These safeguards are in place to guarantee vulnerable people's safety and shield them from possible harm. Everyone who provides care for those who are vulnerable needs to be aware of their roles in safeguarding and follow the appropriate procedures (Johnson, 2021). If you don't, there could be harsh repercussions, like legal action like prosecution.

Ensuring the safety of marginalised people is crucial in all work environments. Everyone must understand the necessary steps and carefully follow them in order to accomplish this. People who work with vulnerable populations must always be aware of their roles and responsibilities and be ready to take appropriate action when there are concerns about someone's behaviour (National Center for Education Statistics, 2022). For the purpose of providing a safe and secure environment for individuals in need of care and protection, our shared commitment to safeguarding is essential.

1.3 Describe legal provisions in relation to whistle-blowing

The Public Interest Disclosure Act of 1998 made revisions to the Employment Rights Act of 1996, which serves as the main framework for whistleblowing laws (GOV.UK, 2020). According to this legislation, employees who have been victimised or lost their jobs as a result of whistleblowing have the right to take their case before an employment tribunal. It is seen as best practise for responsible employers to foster an environment at work that is safe, transparent, and open, where workers feel empowered to voice issues. Whistleblowing policies are not required by law, but their existence indicates an employer's commitment to considering employee concerns. An organization's readiness to address issues brought to its attention can be demonstrated by the establishment of clear policies and procedures for resolving whistleblower instances.

Employees may be reluctant to come forward with disclosures in situations where an organisation lacks an open and supportive culture because they are afraid of possible consequences. Fear of reprisal for their revelations and worries that nothing would happen even if they choose to come forward are the main challenges faced by whistleblowers (CLARA, 2019). Numerous well-known cases and investigations, including the Parliamentary Commission on Banking Standards, the Freedom to Speak Up Independent Review within the NHS, and the Mid-Staffordshire NHS Foundation Trust Public Inquiry, have established that many employees are, in fact, reluctant to report unethical behaviour.

3.1 Explain local systems for safeguarding children and young people and the manager’s responsibilities 

Local systems for child and youth protection are extensive networks of experts and institutions collaborating to guarantee the security and welfare of this susceptible population. Multi-agency collaborations and local safeguarding children boards serve as the foundation for these systems, providing a structure for coordinated response. Under this system, managers hold significant duties within different agencies. Their responsibilities include supervising and monitoring employees to ensure compliance with safeguarding policies and procedures, leading their teams in adhering to these policies and procedures, and actively engaging in cooperative efforts with other agencies (CIFOR, 2022). Additionally, managers are essential in creating a culture of safeguarding in their companies, where issues can be brought up and handled without fear of retaliation. The effectiveness of local safeguarding systems in preventing injury, abuse, and neglect to children and young people is largely dependent on their leadership and dedication.

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The Police, Crime, Sentencing and Courts Act of 2022 requires local government authorities' designated authorities to work together and develop preventative and remedial strategies for severe violence (legislation.gov.uk, 2022). This promotes determining the particular forms of extreme violence that are common in the region, investigating the underlying causes of such violence as much as is practical, and developing and implementing a plan to reduce severe violence in that area. When formulating their serious violence prevention and reduction plan, these designated authorities also have an obligation to consult local juvenile detention authorities, penal facilities, and educational institutions.

4.1 Define ‘restrictive practices’, ‘restraint’, and ‘hidden restraint’ 

In healthcare, social care, or support services, restrictive practises refer to a variety of techniques that are intended to restrict an individual's freedom of movement or choice when other options are harmful or inefficient. One kind of restrictive practise is restraint, which is basically putting someone under physical or pharmacological restraint in order to keep them from hurting themselves or other people. Chemical constraint involves the use of drugs, whereas physical restraint involves the use of force or mechanical equipment (Raveesh, Gowda and Gowda, 2019). Both ought to be used with caution and in accordance with moral and legal requirements. Furthermore, a more subdued type of limitation known as "hidden restraint" describes methods of behaviour management that are not readily visible to the subject or bystanders. All means of restraint whether overt or covert must put the person's rights, safety, and dignity first, and they must apply them with an unwavering dedication to openness and logic.

4.2 Explain the impact on safety, dignity, relationships, and well-being if restrictive practices are used 

Restrictive measures can have complicated and major effects on relationships, safety, dignity, and general well-being (Flaubert et al., 2021). Although these procedures are occasionally thought to be required to control difficult behaviours or guarantee immediate safety, they should only be used sparingly and as a last option.

First, restraint can protect someone's immediate bodily safety as well as the safety of others around them. However, using pharmacological or physical restraints carries a danger of negative effects as well, such as trauma, emotional discomfort, and injury (Ye et al., 2019). Thus, it is crucial to guarantee the safety of the person using these procedures as well as the personnel that assist them. Furthermore, it is important to recognise the influence on dignity. Restrictive practises have the potential to deprive people of their personal agency and autonomy, leaving them feeling powerless and dehumanised. The preservation of an individual's dignity ought to be the first consideration while utilising such techniques.

Restrictive measures might also sour relations between the person and their carers or other support personnel. A person's general well-being may be hampered by the erosion of trust, which might result in anger or dread (Skeff et al., 2022). Additionally, there may be a detrimental impact on the person's wellbeing. Restrictive practices used improperly or over an extended period of time might worsen social isolation, anxiety, depression, and overall quality of life. Any application of these techniques must be constantly observed, evaluated on a regular basis, and combined with initiatives to find and deal with the root causes of problematic behaviours. 

4.3 Explain how person-centered practice and accurate assessment can minimize the use of restrictive practices 

Reducing the use of restrictive practises in support, social care, and healthcare requires accurate assessment and person-centered practise. A person-centered approach puts the needs, interests, and choices of the individual first, making sure that their autonomy and voice are the main considerations when making decisions. A thorough analysis of the person's physical, psychological, and social requirements as well as knowledge of the variables influencing problematic behaviours are necessary for an accurate assessment. When taken as a whole, these ideas help to reduce the use of restrictive practises.

Care plans are customised to each individual based on their specific requirements and preferences by using a person-centered approach. This method looks for non-restrictive alternatives to meet unfulfilled needs, acknowledging that problematic behaviours frequently result from distress or unmet requirements. It encourages candid dialogue and group decision-making, enabling the patient to take an active role in their treatment.

Precise evaluation is necessary to pinpoint the underlying reasons of problematic behaviours. It aids in the comprehension of the triggers, underlying problems, or unfulfilled needs that may be causing the behaviours by specialists. With this information, individual interventions and support plans can be created to deal with the particular problems without turning to restrictive methods. These interventions could involve making changes to the surroundings, using different communication strategies, or offering more support services.

Applying the "person-centered" and "child-centered" concepts to children highlights the significance of adjusting care and support to each child's and adult's particular needs and preferences. When we use the term "person" or "people," we mean all people, regardless of age, which includes both adults and children over the age of 18. "Restrictive practises" refers to a wide range of behaviours that prevent people from participating in activities they would like to or force them to participate in things they do not want to. The degree to which these practises are visible might vary, from overt to covert types of limitation. These include seclusion or forced isolation, prolonged segregation, coercion, chemical, mechanical, environmental, and physical restraints.

Furthermore, behaviour that is so intense, persistent, or durable that it endangers someone's physical safety, their quality of life, or the wellbeing of others is referred to as "behaviour which challenges" or "challenging behaviour". Restrictive, unpleasant, or exclusionary reactions could follow such behaviour. In order to minimise the need for restrictive practises while still providing sufficient care and support, it is critical to identify and manage difficult behaviours.

4.4 Outline organisational requirements and legal implications relating to restrictive practices including their use as a last resort Resources

In addition to complying with strict organisational guidelines, organisations tasked with providing care and support to vulnerable individuals must be acutely aware of the significant legal ramifications associated with the employment of restrictive practises, particularly when used as a last option. Clear policies, staff training, careful risk assessments, and diligent monitoring and documentation are all necessary to meet these criteria (Mutair et al., 2021). Restrictive practices should only be used as a last resort, with a rigorous focus on protecting informed consent, mental ability, and human rights. This is the core premise that guides their usage. There are significant legal ramifications, including possible breaches of mental capacity statutes, human rights legislation, and safeguarding laws, all of which may result in criminal prosecutions, fines, and disciplinary measures (Agrawal, 2016). Organisations must navigate the complicated legal framework around restrictive practices while prioritising the well-being, autonomy, and dignity of individuals in an era of heightened scrutiny and responsibility.

In the UK, the problem of deprivation of liberty in care settings is expressly addressed under the Deprivation of Liberty Safeguards (DoLS) legislative framework (Baharlo, Bryden and Brett, 2017). DoLS are intended to safeguard incompetent people living in nursing homes or hospitals by making sure that any limitations on their freedom are appropriate and compliant with legal requirements. When denying someone their freedom is required for their own safety or the safety of others, a set of guidelines, evaluations, and processes are outlined in the framework.

References

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• BHSAB (2021). Mental Capacity Act. [online] Brighton SAB. Available at: https://www.bhsab.org.uk/professionals/mca-dols/ [Accessed 25 Nov. 2023].
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