Safeguarding Adults and Promoting Independence

Introduction
My name is Jonathan Cairns and I am a safeguarding officer working within Allerdale’s adult social services department. This information booklet will inform all of you within my department of ‘safeguarding vulnerable adults and promoting independence’.
Legislation and Regulation
A law has to be passed by an authority, such as parliament. A vulnerable individual has the benefit of additional legislation and policies that apply to them specifically. The below table identifies the main laws and regulations that govern the safeguarding of vulnerable adults.
Legislation
Main Points
Application
Safeguarding Vulnerable Groups act 2006
Requires people who work with children and adults to be registered
The vetting and barring scheme will help employers to check on individuals’ suitability to work with vulnerable people
Applies to employed people and volunteers alike
There are separate but linked barred lists for those working with children and adults
Checks must take place before an individual can work with the vulnerable
Care Standards act 2000
Set national minimum standards for accommodation, services and good workplace practice in the care and protection of vulnerable people
Established the Protection of Vulnerable Adults (POVA) Scheme that checked suitability of care workers. It identified professionals who had harmed individuals using services. It has been replaced by the ISA’s barred list
Sexual Offences act 1976
Created the Sex Offenders Register for identification and tracking purposes
Enables sex offenders to be monitored and vulnerable people to be protected
Mental Capacity act 2005
Established the Independent Mental Capacity Advocates Service (IMCAS)
Aims to help vulnerable people who lack the capacity to make important decisions for themselves
Human Rights act 1998
Gave people the power to challenge perceived discrimination by public bodies
Vulnerable people, being cared for, have the right to privacy and protection
Data Protection act 1998
Requires personal details and information to be kept secure and confidential
From 2000, covers health and social care records – both computerised and written
Care Homes (Adult Placement) (Amendment) Regulations 2003
Required adult placement Schemes (foster care for vulnerable adults) to be registered and inspected
Applied similar national care standards to these schemes as were set for care homes
Police and Justice act 2006
Disclosure and Barring Service (DBS) checks, under this Act, are the norm in health and care organisations
The DBS works closely with ISA to ensure that a more detailed check is carried out

Working Strategies and Procedures
The main aim of the new Independent Safeguarding Authority (ISA), established under the Safeguarding Vulnerable Groups act (2006), is to protect children and vulnerable adults from those who may ‘seek’ to abuse them. Its Strategy to achieve this is through monitoring people who seek access to them through their work, paid, unpaid, and voluntary. Individuals will have to register under the Vetting and Barring Scheme and will be checked against one of the two ‘barred’ lists - one for those wishing to work with children and on for those who want to work with vulnerable adults. These lists have been operated by the ISA since October 2009.
Recruitment of Staff - Adults Barred List:
This list replaced the POVA list (see ‘Care Standards act 2000 in the above table) that had previously been in place since 2004. It lists people who are barred from working with vulnerable adults. It divides them into two categories; those people who are automatically barred because they offer a ‘risk of threat’ and those who offer a ‘very probable risk of harm’. This barring process gathers information from various sources: police (DBS), health and social services and employers. It looks at previous offences and/or evidence of inappropriate harmful behaviour before a barring decision is made. Employers and