Safeguarding Adults And Personalisation

This essay im arrangeivate center on on heavy(p) safeguarding and how jurisprudence and indemnity applies to shiting with endangered magnanimouss, which in turn every(prenominal)ow recognise how this puke protect or hinder their make ups. In concomitant to this, it lead in assenting register my under(a)(a)standing of what the procedure and responsibilities of a kind player is in regards to safeguarding and mortalalisation. The bighearted safeguarding field policy get onndum was set kayoed in 2000 by the department of closelyness called No Secrets named much(prenominal) to define that in that respect underside be no secrets or sanitary-nighwhere to spread everywhere when it comes to exposing the ab enjoyment of assailable big(a)s.This guidance delineate a conquerable swelled as a person who is or whitethorn be in wish of federation c atomic number 18 table helping by reasonableness of mental or separate check, age or disease and who is or may be unable(p) to protect him or herself against signifi discharget damage or ontogeny. (Department of Health, 2013) However, safeguarding swear bulge out restrainer considerably essential since then and in the draft C ar and Support bill poster 2012, a advanced bound, adult at jeopardy has this instant re dictated under attack(predicate) adult as a more pleasant alternative and beca routine the term unsafe adult may wrongly imply that approximately of the fault for the ill- interposition lies with the adult ab utilise.It was proposed by the Law tutelage and it is now delimit as anyone with favorable sell needfully who is or may be at pretend of signifi thronet harm. Although this is a much shorter definition it is still go by that no effect what your circumstances, anyone gage be classed at attempt and is entitled to be safeguarded and protected from pervert. (Department of Health, 2013) many cordial thespians impression frustrated by the fact that when dealings with adult call characters thither is no statute that is equal to the Children take on 1989.However, in that respect be several(prenominal) pieces of policy and law that fond workers set up draw upon to confine their formula that pull up stakes some(prenominal)(prenominal) authorise and protect single(a)s who beget themselves in defense slight situations. (Pritchard, 2009) Legislation date back from 1948 to the present day tins a range of duties and powers base on versatile definitions and criteria. In England and Wales on that point is non a statutory avocation to investigate hollo, however, No Secrets all the way practices a responsibility on companionable go as the tombstone agency accountable for adult security and this position is strengthened by the world Rights turn 1998.(Wilson et al, 2008) The humane Rights spot didnt come into forte in the UK until October 2000 and it meant citizenry could take cases rega rding breaches of their man even ups into a UK court. This would arrive at provided a breakthrough and through to victims who thought that their perpetrators would evermore get apart with abusing them. Although, without the help of a companionable worker encouraging them to hear help and jump this would non be able to see.(Galpin&Bates, 2009)There are particular articles indoors the coiffe that are relevant to safeguarding adults such as article 2, everyone has a estimable to bearing denomination 3, the prohibition of torture, inhuman and degrading interference and hold 5, everyone has the right to liberty and security. In addition to this, the right to respect a persons home, private and family life under Article 8 look into and responding to the risk of offense will close to invariably get this article interventions essential be lawful, reassert and proportionate nominaten over the risk.(Pritchard, 2009)The noetic contentedness Act 2005 provides a manikin to wear person decision-making, al wr etc.eding option of appointing their boast got decision maker and to as well as promote decision-making in a persons scoop out interests should they omit aptitude. The Act encourages fore qualifying provision, for example, mint who have expertness plainly looking that they would lack capacity in the advancementing they john project former(a)s to act for them under a long-lived Power of lawyer which would involve decisions more or less welfare, health and pecuniary matters.Where decisions have to be made regarding in force(p) medical treatment, long-run accommodation moves or an adult egis investigation, an Independent Mental Capacity propose (IMCA) may be appointed to realise and represent the undivided. (Wilson et al) The IMCA dish up started in 2007 when it provided a table service for 5,266 mess and has been providing a statutory service for quint years. Although the IMCA service is a statutory service , it is provided by the voluntary celestial sphere and is a discipline service provided by 60 topical anaesthetic anaesthetic providers which sets out to both empower and to safeguard citizenry.It is accountable to topical anaesthetic anesthetic commissioners as healthful as local clients it works with both the NHS and 152 local regime and it is designed to reassert and represent pile as well as challenge and change organisations and their arranges. In 2009, IMCAs were stipulation superfluous duties under the going of Liberty Safeguards (DOLS). Their focus was to safeguard some of the most unprotected circumstances that flock coffin nail distinguish themselves in.Therefore, where, for their own galosh and in their crush interests, populate need to be accommodated under do by and treatment regimes that have the return of depriving them of their liberty, but where they lack capacity to apply to the regime. (Department of Health, 2013) A nonher act that is rele vant to adult work is the NHS and familiarity bursting charge Act 1990 which provides a modelling for all judgings of vulnerable adults. It emphasises the importance of case observe and reviewing. (Pritchard, 2009) front to the act in that respect had been criticism approximately(predicate) the demeanor in which community burster go were organised.Therefore, when the Act was applianceed, qualified cordial workers were given the depute as condole with strugglers and many going into adult service for the source time. A key eyeshot of keeping focusing was that the assessment carry through should be establish on an individuals inescapably sooner than the service they require which would alter substance affrontr mandate and choice and in turn provide a individualizedize greet. (Parker&Bradley, 2010) ainisation means beginning with the person rather than the service and it reinforces the appraisal that the person should bed best what their inescapably a re and how they can be met.The kind workers job works with adults at risk would be to ascertain they had the right nurture and stay to vex code the appropriate go. person-to-personisedisation is about(predicate) giving plurality much more choice and control over their own lives and good loving work work out is about place the individual first. (SCIE, 2008) The ainisation agendum was outlined in three classic historys. freshmanly, Fair inlet to lot work (FACS) which called for local governance to set eligibility criteria for providing services base on balancing resources against need.Secondly, Transforming loving Care which was introduced to maturate a individualizedize approach to the pitch of adult fond reverence through the use of get hold of payments and personal budgets. Finally, the document, pose People low placed personalisation at the centre of hearty distribute policy, get along and performance. These policies were introduced to promote self- enforceed person living and the livelihood for these initiatives took on deuce forms in the way of Direct Payments and personal Budgets. (Trevithick, 2012) The legislation for carry payments is incorporated in the Community Care Act 1996.The Act gave local governance the power to implement transport payments. However, it was non until 2000 that the service was broad to people over 65 which plain led to them world more vulnerable and unable to access services. Direct payments is a way of change people to discern their own bang and championship services it is seen as a right not a privilege. (Parker&Bradley, 2009) Although ingest payments are seen as primal to the presidencys docket for the modernisation and variation of adult kindly care, it needs to be note that on that point are concerns regarding risks and holdable reduction in rights for people who use extend payments.(Galpin&Bates, 2009)The master(prenominal) concern is that people will use their d irect payments to employ unregulated care workers or relatives or will not manage well which may hold them open to a greater risk of poor feel care or even abuse through neglect, exploitation, physical, etc. (CommunityCare, 2013) On the other glide by, whom the service user employs is generally their choice and responsibility which would give them a star of independence. However, regulation and develop of personal assistants is not compulsory, at that placefore, evidence of qualifications or certificates is at the employers discretion.This in itself poses a risk to service users who take this route. (Galpin&Bates, 2009) Personal budgets or individual budgets refers to funding that is allocated by the local dictum to enable service users to buy services in regards to their personal and mixer care needs which can include domestic, social leisure and educational activities. Administ confine is viewed as less meddling than direct payments, for example, tax revenue are not r equired for individual expenditure. It is the responsibility of a social worker to play a key design in delivering this individualised service.(Parker&Bradley, 2010)In 2010, the UK Coalition governance confirmed its allegiance to the principles which are corporate in the personalisation agenda and the target was for local councils to offer personal budgets to one one thousand thousand social care service users by 2013 as part of its social care provision. (Trevithick, 2012) However, a word discussion document on the coming(prenominal) of services for elderly people called The grapheme for Tomorrow confront the Beyond was produced in 2012. The document address that the opportunities of personal budgets and direct payments have not been a aeonian acceptance by all those who are entitled to them.Whilst people have commonly been very substantiative about the impress of personal budgets on their lives, aged adults wrap up less triumph than other adult groups. More older people intoxicate adult social care services than any other age groups but the amount that are actually receiving personal budgets or direct payments is small. In addition to this, the legal responsibilities of the personal budget bearer are also presenting some challenges in the way of the holders performing as employers. When a service user directly employs person to deliver a service, issues of employment law, quality and safeguarding still remain.There is a challenge for policy makers, local political science and their partners to balance concerns about the impact of less well monitored trunks on quality, reliability and safeguarding on one hand and the bureaucracy and terms of additional monitoring on the other. (Adass, 2013) As mentioned previously, FACS is a guinea pig eligibility framework which allocates social care resources to individuals, carers and communities based on iv eligibility bands critical, substantial, moderate and low risk to independence.However, in 2010 it was said to have proved exhausting to adhere to, specially in the scotch climate with rising slope cost pressures and an increase need to ration services. The BASWs join manager noted there was a need for a national framework and more should be left to the superior discretion of social workers, workings with the personalisation agenda and a person-centred approach. However, this can only happen if councils are given enough resources to manage peoples care.(CommunityCare, 2013)Putting People First a shared vision and freight to the geological fault of adult social care was a key document from the government to outline the future of adult service provision. It sets out the governments loading to autarkical living for all adults. In addition to this, it seeks to develop a collaborative approach between local and central government, providers and regulators to hurry the development of a change system of adult social care. The first pace in a personalised approach to social work practice is Person Centred Planning ( health professional). caregiver addresses issues of exclusion that can be overlooked in the assessment do work because it focuses on the persons capacities and not their impairments. The listening involved in PCP is good social work practice and can be used to reckon a persons choices and abilities. It also helps to ensure that the person is placed at the centre of the assessment and planning process. However, there is an issue of funding when it comes to PCP for all individuals with a learning disability and can rely heavily on the organized religion of the individuals informal or pro bono support network to make their aspirations and plans a reality.Although in my opinion I do think PCP is the way forward and should be used more frequently in social work practice. (Galpin&Bates, 2009) In stopping point to this essay and with the information garner it can be noted that there are several policies and legislation that suppor t the safeguarding of adults. Therefore, it come outs unthinkable as to why vulnerable adults or adults at risk mention themselves in a position of abuse or neglect. However, unfortunately due to the new-fangled Winterbourne resume scandal and others like it, abuse simply still remains of individuals who are clearly too vulnerable to give tongue to out.It does come to the fore that although guidance and policies are in place to safeguard adults who may be at risk, it obviously doesnt seem to be enough or it is entirely that abusers are getting away with their crimes. The future of adult safeguarding must be ameliorate and to do this, all agencies should work in concert in partnership and ensure the execution of instrument of policies procedures, etc. are in place. corking social work practice is of the final importance.Safeguarding Adults and PersonalisationThis essay will focus on adult safeguarding and how law and policy applies to working with vulnerable adults, whic h in turn will recognise how this can protect or hinder their rights. In addition to this, it will also demonstrate my understanding of what the role and responsibilities of a social worker is in regards to safeguarding and personalisation. The adult safeguarding national policy agenda was set out in 2000 by the department of health called No Secrets named such to outline that there can be no secrets or somewhere to hide when it comes to exposing the abuse of vulnerable adults.This guidance defined a vulnerable adult as a person who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to protect him or herself against square harm or exploitation. (Department of Health, 2013) However, safeguarding services have considerably developed since then and in the draft Care and Support Bill 2012, a new term, adult at risk has now replaced vulnerable adult as a more acceptable alternative and because the term vuln erable adult may wrongly imply that some of the fault for the abuse lies with the adult abused.It was proposed by the Law Commission and it is now defined as anyone with social care needs who is or may be at risk of significant harm. Although this is a much shorter definition it is still clear that no matter what your circumstances, anyone can be classed at risk and is entitled to be safeguarded and protected from abuse. (Department of Health, 2013) Many social workers feel frustrated by the fact that when dealing with adult abuse cases there is no statute that is equivalent to the Children Act 1989.However, there are several pieces of policy and legislation that social workers can draw upon to support their practice that will both empower and protect individuals who find themselves in vulnerable situations. (Pritchard, 2009) Legislation dating back from 1948 to the present day provides a range of duties and powers based on various definitions and criteria. In England and Wales ther e is not a statutory duty to investigate abuse, however, No Secrets clearly places a responsibility on social services as the key agency responsible for adult protection and this position is strengthened by the Human Rights Act 1998.(Wilson et al, 2008)The Human Rights Act didnt come into force in the UK until October 2000 and it meant people could take cases regarding breaches of their human rights into a UK court. This would have provided a breakthrough to victims who thought that their perpetrators would always get away with abusing them. Although, without the help of a social worker encouraging them to seek help and support this would not be able to happen.(Galpin&Bates, 2009)There are particular articles within the Act that are relevant to safeguarding adults such as Article 2, everyone has a right to life Article 3, the prohibition of torture, inhuman and degrading treatment and Article 5, everyone has the right to liberty and security. In addition to this, the right to respec t a persons home, private and family life under Article 8 investigating and responding to the risk of abuse will almost invariably involve this article interventions must be lawful, justified and proportionate given the risk.(Pritchard, 2009)The Mental Capacity Act 2005 provides a framework to support individual decision-making, allowing choice of appointing their own decision maker and to also promote decision-making in a persons best interests should they lack capacity. The Act encourages forward planning, for example, people who have capacity but feel that they would lack capacity in the future they can nominate others to act for them under a Lasting Power of Attorney which would involve decisions about welfare, health and financial matters.Where decisions have to be made regarding serious medical treatment, long-term accommodation moves or an adult protection investigation, an Independent Mental Capacity Advocate (IMCA) may be appointed to support and represent the individual. ( Wilson et al) The IMCA service started in 2007 when it provided a service for 5,266 people and has been providing a statutory service for five years. Although the IMCA service is a statutory service, it is provided by the voluntary sector and is a national service provided by 60 local providers which sets out to both empower and to safeguard people.It is accountable to local commissioners as well as local clients it works with both the NHS and 152 local authorities and it is designed to support and represent people as well as challenge and change organisations and their practices. In 2009, IMCAs were given additional duties under the Deprivation of Liberty Safeguards (DOLS). Their focus was to safeguard some of the most vulnerable circumstances that people can find themselves in.Therefore, where, for their own safety and in their best interests, people need to be accommodated under care and treatment regimes that have the effect of depriving them of their liberty, but where they lac k capacity to consent to the regime. (Department of Health, 2013) Another act that is relevant to adult services is the NHS and Community Care Act 1990 which provides a framework for all assessments of vulnerable adults. It emphasises the importance of case monitoring and reviewing. (Pritchard, 2009) Prior to the act there had been criticism about the way in which community care services were organised.Therefore, when the Act was implemented, qualified social workers were given the task as care managers and many going into adult services for the first time. A key aspect of care management was that the assessment process should be based on an individuals needs rather than the service they require which would enable user empowerment and choice and in turn provide a personalised approach. (Parker&Bradley, 2010) Personalisation means starting with the person rather than the service and it reinforces the idea that the person should know best what their needs are and how they can be met.T he social workers job working with adults at risk would be to ensure they had the right information and support to access the appropriate services. Personalisation is about giving people much more choice and control over their own lives and good social work practice is about putting the individual first. (SCIE, 2008) The personalisation agenda was outlined in three important documents. Firstly, Fair Access to Care Services (FACS) which called for local authorities to set eligibility criteria for providing services based on balancing resources against need.Secondly, Transforming Social Care which was introduced to develop a personalised approach to the delivery of adult social care through the use of direct payments and personal budgets. Finally, the document, Putting People First placed personalisation at the centre of social care policy, practice and performance. These policies were introduced to promote independent living and the funding for these initiatives took on two forms in the way of Direct Payments and Personal Budgets. (Trevithick, 2012) The legislation for direct payments is incorporated in the Community Care Act 1996.The Act gave local authorities the power to implement direct payments. However, it was not until 2000 that the service was extended to people over 65 which obviously led to them being more vulnerable and unable to access services. Direct payments is a way of enabling people to manage their own care and support services it is seen as a right not a privilege. (Parker&Bradley, 2009) Although direct payments are seen as central to the governments agenda for the modernisation and transformation of adult social care, it needs to be noted that there are concerns regarding risks and possible reduction in rights for people who use direct payments.(Galpin&Bates, 2009)The main concern is that people will use their direct payments to employ unregulated care workers or relatives or will not manage well which may leave them open to a greater risk o f poor quality care or even abuse through neglect, exploitation, physical, etc. (CommunityCare, 2013) On the other hand, whom the service user employs is generally their choice and responsibility which would give them a sense of independence. However, regulation and training of personal assistants is not compulsory, therefore, evidence of qualifications or certificates is at the employers discretion.This in itself poses a risk to service users who take this route. (Galpin&Bates, 2009) Personal budgets or individual budgets refers to funding that is allocated by the local authority to enable service users to buy services in regards to their personal and social care needs which can include domestic, social leisure and educational activities. Administration is viewed as less intrusive than direct payments, for example, receipts are not required for individual expenditure. It is the responsibility of a social worker to play a key role in delivering this personalised service.(Parker&Brad ley, 2010)In 2010, the UK Coalition Government confirmed its commitment to the principles which are embodied in the personalisation agenda and the target was for local councils to offer personal budgets to one million social care service users by 2013 as part of its social care provision. (Trevithick, 2012) However, a joint discussion document on the future of services for older people called The Case for Tomorrow Facing the Beyond was produced in 2012. The document addressed that the opportunities of personal budgets and direct payments have not been a constant acceptance by all those who are entitled to them.Whilst people have usually been very positive about the impact of personal budgets on their lives, older adults report less satisfaction than other adult groups. More older people receive adult social care services than any other age groups but the amount that are actually receiving personal budgets or direct payments is small. In addition to this, the legal responsibilities o f the personal budget holder are also presenting some challenges in the way of the holders acting as employers. When a service user directly employs someone to deliver a service, issues of employment law, quality and safeguarding still remain.There is a challenge for policy makers, local authorities and their partners to balance concerns about the impact of less well monitored systems on quality, reliability and safeguarding on one hand and the bureaucracy and cost of additional monitoring on the other. (Adass, 2013) As mentioned previously, FACS is a national eligibility framework which allocates social care resources to individuals, carers and communities based on four eligibility bands critical, substantial, moderate and low risk to independence.However, in 2010 it was said to have proved difficult to adhere to, especially in the economic climate with rising cost pressures and an increasing need to ration services. The BASWs joint manager noted there was a need for a national fr amework and more should be left to the professional discretion of social workers, working with the personalisation agenda and a person-centred approach. However, this can only happen if councils are given enough resources to manage peoples care.(CommunityCare, 2013) Putting People First a shared vision and commitment to the transformation of adult social care was a key document from the government to outline the future of adult service provision. It sets out the governments commitment to independent living for all adults. In addition to this, it seeks to develop a collaborative approach between local and central government, providers and regulators to facilitate the development of a personalised system of adult social care. The first step in a personalised approach to social work practice is Person Centred Planning (PCP).PCP addresses issues of exclusion that can be overlooked in the assessment process because it focuses on the persons capacities and not their impairments. The liste ning involved in PCP is good social work practice and can be used to understand a persons choices and abilities. It also helps to ensure that the person is placed at the centre of the assessment and planning process. However, there is an issue of funding when it comes to PCP for all individuals with a learning disability and can rely heavily on the trust of the individuals informal or unpaid support network to make their aspirations and plans a reality.Although in my opinion I do think PCP is the way forward and should be used more frequently in social work practice. (Galpin&Bates, 2009) In conclusion to this essay and with the information gathered it can be noted that there are several policies and legislation that support the safeguarding of adults. Therefore, it seems unimaginable as to why vulnerable adults or adults at risk find themselves in a position of abuse or neglect. However, unfortunately due to the recent Winterbourne View scandal and others like it, abuse obviously st ill remains of individuals who are clearly too vulnerable to speak out.It does appear that although guidance and policies are in place to safeguard adults who may be at risk, it obviously doesnt seem to be enough or it is simply that abusers are getting away with their crimes. The future of adult safeguarding must be improved and to do this, all agencies should work together in partnership and ensure the implementation of policies procedures, etc. are in place. Outstanding social work practice is of the utmost importance.