Teeswide Inter-Agency Safeguarding Adults Policy

Safeguarding is ‘everyone’s business’ 

The Care Act 2014 requires that Safeguarding Adults Boards assure themselves that local safeguarding arrangements are in place across their locality and that their partners act appropriately to help and protect adults from abuse and neglect.  Whilst protecting adults at risk of abuse or harm will always be the main priority of the Teeswide Safeguarding Adults Board, the Board recognises the importance of raising awareness in order to prevent abuse and neglect and that partners’ share collective responsibility for ensuring that all efforts to keep people safe are effective and well-coordinated.  In this, the role of every Board member is crucial in ensuring that the Teeswide Safeguarding Adults Board is able to meet its statutory duties by promoting the Teeswide Inter-Agency Safeguarding Policy, and when necessary holding their own organisations to account.

Making Safeguarding Personal (MSP) means that the safeguarding process should be person-led and outcome-focussed, enhancing the individual’s involvement and choice and control together with seeking to improve quality of life, wellbeing and safety. 

Everyone has a responsibility to take a ‘Think Family’ approach. ‘Think Family’ is an approach that requires all agencies to consider the needs of the whole family from working with individual members of it, making sure that support provided by children’s, adults and family services is coordinated and takes account of how individual problems effect the whole family.

The purpose of this policy is to outline the principles and definitions that underpin safeguarding work and to describe the statutory duties set out under the Care Act 2014.  The policy is supported by the Teeswide Inter-Agency Procedures and the individual policy and procedural guidance of each partner agency.

This policy sets out the Teeswide Safeguarding Adults Board’s responsibilities under the Care Act 2014 to protect adults from abuse or neglect.  The safeguarding duties apply to any adult who:

  • has needs for care and support (whether or not the Local Authority is meeting any of those needs) and;
  • is experiencing, or at risk of, abuse or neglect; and
  • as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

This policy is applicable to all adults, aged 18 years and over, who may be experiencing, or at risk of, abuse or neglect. The adult experiencing, or at risk of abuse or neglect will hereafter be referred to as the adult throughout this policy document.
An adult with care and support needs may be, an individual:

  • with a physical, sensory or learning disability
  • with mental health needs, including dementia or a personality disorder
  • with a long-term health condition or brain injury
  • who misuses substances or alcohol to the extent that it affects their ability to manage day today living.


and includes:

  • those in receipt of social care support (paid or unpaid service)
  • those who purchase their care through personal budgets
  • those whose care is funded by Local Authorities and/or health services
  • those who fund their own care
  • informal carers, family and friends who provide care on an unpaid basis
  • those aged between 18 and 25 years and in receipt of children’s services.

This policy is not applicable to adults who are in prison or living in approved premises on licence.

Assessments of informal carers and the adult they care for must include consideration of both their wellbeing and includes protection from abuse and neglect.[1]

          [1] Care Act 2014, Section 1, wellbeing

The Teeswide Safeguarding Adults Board works in partnership to safeguard and promote the wellbeing and independence of adults living in the Boroughs of Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees, who are experiencing, or at risk of abuse or neglect.  This policy will become effective from 1 April 2020.

This policy has been developed within the context of the law and guidance that seeks to protect adults including:

Further links to useful websites can be seen within Section 16.

The Teeswide Safeguarding Adults Board is the statutory body that sets the strategic direction for safeguarding and is responsible for protecting adults who are experiencing, or who are at risk of abuse or neglect and live in the Boroughs of Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees.  The Board does this by assuring itself of local safeguarding arrangements including how partners act to help and protect adults. It comprises inter-agency representation and oversees the implementation of work undertaken by each of its Sub-Groups. The Board is led by an Independent Chair who has responsibility for ensuring that it meets its statutory responsibilities and reports on the discharge of its functions.

Members of the Board include:

  • Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees Borough Councils
  • North East and North Cumbria Integrated Care Board
  • Cleveland Police
  • North Tees and Hartlepool Hospitals NHS Foundation Trust and South Tees Hospitals NHS Foundation Trust
  • Tees, Esk and Wear Valleys NHS Foundation Trust
  • North East Ambulance Service
  • Cleveland Fire Brigade
  • HMP Service (Holme House Prison)
  • National Probation Service (Cleveland)
  • Care Quality Commission
  • Healthwatch Hartlepool, Middlesbrough and Stockton
  • Catalyst, Hartlepower, Tees Valley Rural Action, Middlesbrough and Redcar & Cleveland Voluntary Development Agencies
  • Office of the Police and Crime Commissioner for Cleveland
  • Thirteen Housing
  • Beyond Housing
  • Department for Work and Pensions

The Board also has strong links with a number of local partnerships including Health and Wellbeing Boards, Children’s Safeguarding Partnership Boards, Overview and Scrutiny Committees, the Regional Quality Surveillance Group, Community Safety Partnerships, Cleveland Anti-Slavery Network and the  Tees Strategic Exploitation Group.

The structure of the Board can be seen within Section 7

Teeswide Safeguarding Adults Board (Independent Chair)

Sub-Groups:

  • CE     Communication & Engagement
  • LTD     Learning, Training & Development    
  • PAQ    Performance, Audit & Quality            
  • SAR    Safeguarding Adults Review
  • OL       Operational Leads

This policy applies to all organisations and people working or volunteering with adults living in the boroughs of Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees. Single-Agency Safeguarding Adults Policies and Procedures, including those of the Voluntary, Community and Independent Sectors must reflect the Teeswide Inter-Agency Safeguarding Adults Policy and Procedures.

Local Authorities must co-operate with each of their relevant partners as follows, and these partners must also co-operate with the Local Authority in the implementation of this policy and associated procedures:[2]

  • Other Local Authorities
  • Integrated Care Boards
  • Police
  • NHS Trusts and NHS Foundation Trusts
  • NHS England
  • Department for Work and Pensions
  • Prisons
  • Probation Services
  • Trading Standards

In addition, Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees Councils must co-operate with other agencies or bodies as appropriate in order to exercise their safeguarding adults’ functions,[3] including but not limited to:

  • General Practitioners
  • Dentists
  • Pharmacists
  • NHS Hospitals and Community Healthcare Services
  • Housing, Health and Care Providers.

[2] Care Act 2014, Section 6 (7)

[3] Care Act 2014, Section 6 (3)

The Care Act 2014 Guidance describes safeguarding as the means of protecting an adult’s right to live in safety, free from abuse and neglect. It further states that it is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action.  Within this context, the guidance recognises that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Abuse and neglect can take many forms and it is important that staff working in all organisations should not be constrained in their view of what constitutes abuse or neglect, and the circumstances of an individual case should always be considered. 

It should be emphasised however that safeguarding procedures are not a substitute for:

  • Providers’ responsibilities to provide safe and high quality care and support;
  • Commissioners regularly assuring themselves of the safety and effectiveness of commissioned services;
  • The Care Quality Commission (CQC) ensuring that regulated providers comply with the fundamental standards of care or by taking enforcement action
  • The core duties of the police to prevent and detect crime and protect life and property.

Abuse or Neglect may be:

  • a single act or repeated acts
  • multiple in form
  • a deliberate act of neglect or a failure to act
  • an opportunistic act or a form of serial abusing where the perpetrator seeks out and grooms the individual(s).

The Department of Health Care and Support Statutory Guidance issued under the Care Act 2014 sets out the different types and patterns of abuse and neglect, though stresses that the list is not exhaustive, and describes the different circumstances in which they may take place.

Including forms of harassment, slurs or similar treatment; because of race, gender and gender identity, age, disability, sexual orientation or religion.

Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can be, but not limited to: psychological, sexual, financial and emotional.

Including theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

Encompasses slavery, human trafficking, forced labour and domestic servitude. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.

Including ignoring medical, emotional or physical care needs, failure to provide access to appropriate health, care and support or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating

Including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.

This covers a wide range of behaviour neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding.

Including rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.

Including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, cyber bullying, isolation or unreasonable and unjustified withdrawal of services or supportive networks.

Including assault, hitting, slapping, pushing, misuse of medication, restraint or inappropriate physical sanctions.

Six key principles underpin all safeguarding adult work:

The Department of Health ‘Care and Support Statutory Guidance’ issued under the Care Act 2014, describes six principles that underpin all safeguarding adult work which applies to all sectors and settings including care and support services, further education colleges, commissioning, regulation and provision of health and care services, social work, healthcare, welfare benefits, housing, wider Local Authority functions and the criminal justice system.  These principles should always inform the ways in which professionals and other staff work with adults.

Empowerment

People being supported and encouraged to make their own decisions and informed consent. “I am asked what I want as the outcomes from the safeguarding process and these directly inform what happens.”

Prevention

It is better to take action before harm occurs. “I receive clear and simple information about what abuse is, how to recognise the signs and what I can do to seek help.”

Proportionality

The least intrusive response appropriate to the risk presented. “I am sure that the professionals will work in my interest, as I see them and they will only get involved as much as needed.”

Protection

Support and representation for those in greatest need. “I get help and support to report abuse and neglect. I get help so that I am able to take part in the safeguarding process to the extent to which I want.”

Partnership

Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse. “I know that staff treat any personal and sensitive information in confidence, only sharing what is helpful and necessary. I am confident that professionals will work together and with me to get the best result for me.”

Accountability

Accountability and transparency in delivering safeguarding. “I understand the role of everyone involved in my life and so do they.”

The TSAB has 3 statutory core duties:

  • to publish a strategic plan for each financial year that sets how it will meet its main objective and what the members will do to achieve this
  • to publish an annual report
  • to conduct any Safeguarding Adults Review in accordance with Section 44 of the Care Act.

The overarching purpose of the TSAB is to help and safeguard adults with care and support needs. It does this by:

  • assuring itself that local safeguarding arrangements are in place as defined by the Care Act 2014 and its associated statutory guidance
  • assuring itself that safeguarding practice is person-centred and outcome-focused
  • working collaboratively to prevent abuse and neglect where possible
  • ensuring agencies and individuals give timely and proportionate responses when abuse or neglect have occurred
  • assuring itself that safeguarding practice is continuously improving and enhancing the quality of life of adults in its area.

The Tees Local Authorities are responsible for:

  • making enquiries, or causing others to do so, if it believes an adult with care and support needs is experiencing, or is at risk of, abuse or neglect and is unable to protect themselves
  • arranging, where appropriate, for an independent advocate to represent and support an adult who is the subject of a safeguarding enquiry or Safeguarding Adult Review (SAR) where the adult has ‘substantial difficulty’ in being involved in the process and where there is no other suitable person to represent and support them
  • co-operating with each of its relevant partners in order to protect the adult
  • invoking the Responding to and Addressing Serious Concerns and Procedure
  • coordinating local risk management processes.

North East and North Cumbria Integrated Care Board is the major commissioner of local health services and is legally responsible for assuring themselves that the organisations from which they commission services have effective safeguarding arrangements in place [6]. ICBs have to demonstrate that there are appropriate systems in place for discharging their responsibilities in respect of safeguarding adults, including:

  • plans to train their staff in recognising and reporting safeguarding issues
  • a clear line of accountability for safeguarding, properly reflected in the ICB governance arrangements
  • appropriate arrangements to co-operate with local authorities in the operation of the Safeguarding Adults Board
  • ensuring effective arrangements for information sharing.

Cleveland Police are responsible for:

  • investigating possible crimes
  • conducting joint investigations with partners
  • gathering best evidence to maximise the prospects for prosecuting offenders
  • achieving, with partners, the best protection and support for the person suffering abuse or neglect– including victim support.9

All partners of the Board including those listed on page three will:

  • assure themselves that commissioned services comply with the duty to correct where responsibility lies when abuse or neglect is carried out by employees, or in a regulated care setting, such as a care home, hospital or college; and protect such adults from harm as soon as possible
  • comply with the inter-agency arrangements
  • cooperate with the local authority, in the exercise of their functions relevant to care and support including those to protect adults.7
  • comply with the TSAB Information Sharing Agreement  
  • implement Making Safeguarding Personal (MSP) within their organisation
  • take a trauma-informed approach to adult safeguarding work
  • have a designated safeguarding lead
  • ensure they have robust processes in place to address issues relating to professional malpractice
  • comply with the Professional Challenge procedure.

The adult must be involved from the beginning of safeguarding procedures unless there are exceptional circumstances, and where possible their consent should be sought prior to concerns being shared on an inter-agency basis. The adult’s (or their representative’s) views and wishes including their desired outcomes must be considered as part of the ongoing procedures (Enquiry).

Where the adult has mental capacity to make decisions about Safeguarding Concerns, involvement of family, friends or informal carers should be agreed with the adult. In any case where the adult does not have mental capacity, family, friends or informal carers must be consulted in accordance with the Mental Capacity Act 2005 and MCA/DoLS policy and procedure.

The Local Authority has a duty to involve an appropriate person to facilitate an adult’s involvement in the safeguarding adult’s process if it is deemed that they would have substantial difficulty in participating themselves.

As part of the safeguarding adults procedure consideration must be given as to whether the adult may benefit from the support of an independent advocate.

Where the adult has substantial difficulty in participating in the safeguarding adults process, and there is no other appropriate person to assist them,[4] under the Care Act 2014 independent advocacy must be arranged by the Local Authority. The details of local arrangements for advocacy are held by each Local Authority.

[4] Care Act 2014, Section 68

Each partner agency may have its own internal safeguarding adult’s policy and procedural guidance, which describes their interconnection with the Teeswide Inter-Agency Safeguarding Adults Policy and Procedures.  The roles and responsibilities of each partner organisation and their staff are described and contained within these documents. Where the adult is placed out of the area for their care and support and a safeguarding concern is raised, the hosting authority will take responsibility for leading on the Section 42 enquiry.

Where serious animal abuse has occurred in a household it may indicate an increased likelihood that some other form of abuse is occurring and that children and/or adults may be at risk of harm. Violence against pets is also used in some cases to coerce, control and intimidate adults and children to remain in, or be silent about, their abusive situation.

If a child is cruel to animals this may be an indicator, in some cases, that serious neglect and abuse have been inflicted on the child. Professionals working with adults, children and families should incorporate questions and be observant about the care and treatment of family pets in their assessments of adults, children and their families, as this may provide useful information about family functioning and/or violence within the household.

The role of the Multi-Agency Risk Assessment Conference (MARAC) is to provide a consistent approach to the risk assessment of those individuals that have been identified at the highest risk of serious harm from domestic abuse in order to safeguard them and to enable appropriate actions to be taken to increase public safety.

The MARAC facilitates, monitors and evaluates effective information sharing between representatives of the local police, probation, health, child protection, housing practitioners, Independent Domestic Violence Advisors (IDVAs) and other specialists from the statutory and voluntary sectors and works on the assumption that no single agency or individual is able to see the complete picture of the life of a potential victim, but all may have insights that are crucial to their safety. The MARAC arrangements on Tees follow national guidance.

The offence of coercive and controlling behaviour in intimate and familial relationships was introduced into the Serious Crime Act 2015.[5] The offence imposes a maximum five years imprisonment, a fine or both.

The offence closes a gap in the law around patterns of coercive and controlling behaviour during a relationship between intimate partners, former partners who still live together, or family members.

[5] Controlling or coercive behaviour offence under the Serious Crime Act 2015,s 76

Multi-Agency Public Protection Arrangements are a set of arrangements to manage risk posed by the most serious sexual and violent offenders under the provisions of the Criminal Justice Act 2003. They bring together the Police, Probation and Prison Services into MAPPA responsible authorities.  A number of other agencies are under a duty to co-operate (DTC) with the responsible authority including Social Services and Health Trusts.  Like MARAC, there is no local aspect to MAPPA and the national arrangements can be seen at: Multi-Agency Public Protection Arrangements.

The purpose of the Multi-Agency Tasking and Co-ordination (MATAC) protocol is to provide a multi-agency process and response that will potentially reduce the risk of harm and/or recidivism to ensure the safety of those who are at risk or suffer domestic abuse. The protocol ensures a response to the most serial and prolific perpetrators in a way that minimises risks while ensuring choice, dignity and the rights of all are preserved.

MATAC is attended and supported by representatives from a range of partner agencies including police, health, adult and children’s safeguarding, housing, probation services, mental health and substance misuse as well as other specialists from the statutory and voluntary sectors. Relevant and proportionate information is shared between agencies about the current risks and behaviours of the perpetrator, enabling representatives to identify the factors that contribute to their offending behaviour.

The MATAC’s primary focus is to then create a multi-agency action plan to address those identified factors which could potentially address the offending of the abuser. MATAC operates with an ethos of Care (offering support), Compliance (encouraging engagement) and Consequences (tactical enforcement and disruption). Opportunities to increase the safety of the victim and any other vulnerable parties such as children may also arise as information is shared between agencies.

Hate crime involves any criminal offence which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a personal characteristic. The definition covers five main strands:

  • disability
  • gender identity
  • race
  • religion or faith
  • sexual orientation

The National Police Chiefs’ Council launched a website for victims of hate crime which includes an online reporting form to enable victims to report hate crime online. The website, called True Vision, is supported by all police forces in England, Wales and Northern Ireland and provides information for victims and the public about what hate crime is and why it is important to report it, together with setting out the range of ways hate crimes can be reported, including via a new online reporting form. The site also provides links to organisations that can offer support and advice on hate crime related issues and can be accessed at:  True Vision.

Mate Crime is the exploitation, abuse or theft from an adult by those they consider to be their friends. Those that commit such abuse or theft are often referred to as ‘fake friends’.” Mate crime is most prevalent when the victim suffers with a mental disability and is especially common when that disability is Autism or Asperger’s.

The Counter-Terrorism and Security Act 2015, incorporates a duty for those authorities listed in Schedule 6 of the Act to have due regard to the need to prevent people from being drawn into terrorism. Authorities listed in Schedule 6 of the Act include; Local Authorities, Health Trusts, Foundation Trusts, Prisons, Schools and educational establishments. The Act makes provision in relation to terrorism and specifies that agencies must monitor their PREVENT activity and evidence that mechanisms are in place to identify risk, to record potential risks, to raise awareness and incorporate appropriate training. PREVENT aims to stop people becoming terrorists or supporting terrorism. 

A Counter Terrorism Local Profile is produced annually by the Police and across Tees a PREVENT action plan has been developed.  Part of this action plan relates to the Channel Programme.  This highlights the need for Local Authorities to liaise with the appropriate agencies if they have concerns regarding an individuals susceptibility that puts them at risk of radicalisation or supporting terrorism. In the event of any concerns being highlighted a ‘Channel Panel’ is convened, which brings together the necessary partner agencies, including Local Authorities, Police and ICBs.

The PREVENT/ Channel referral process can be found here: Prevent Referral

Local Child Protection Procedures apply to people who are under the age of 18.  More information can be found at: Tees Safeguarding Children Procedures

A Teeswide protocol is in place to outline the working arrangements between adults and children workforce in relation to safeguarding issues: Think Family guidance

A Tees Safeguarding Adults and Children Joint Working Protocol is in place to outline the relationship and working arrangements between the Teeswide Safeguarding Adults Board (TSAB), Hartlepool and Stockton Safeguarding Children Partnership (HSSCP) and South Tees Safeguarding Children Partnership (STSCP) to support effective joint working, to safeguard and promote the welfare of children and adults across Tees.

The High Risk Adults Panel arrangements are in place within each Local Authority area. The purpose of the High Risk Adults Panel is to work in collaboration with a core group of multi-agency professionals and extended members to reduce/remove or manage the risk of ‘our’ most vulnerable individuals who are identified as being complex and at high risk of harm. Referrals will be made where other multi-agency processes have not been successful in reducing risk or harm and where a strategic approach to case oversight is required.

Any agency can present/refer a case to the High Risk Adults Panel where they identify a complex or challenging concern of risk for an individual, and all conventional safeguarding methods/interventions have been unsuccessful/exhausted and there is a need for strategic oversight/ intervention/ guidance and decision making.

All agencies will apply a trauma informed, person centred, solution focused and creative approach to reduce risk for individuals. Agencies will share information to collectively develop individual risk management plans which will be monitored with the aim to improve their outcomes and remove system barriers. Panels should include representation from Adult Social Care, health, housing and mental health services, as well as Cleveland Police and any relevant specialist services.

An intentional or deliberate omission or failure to carry out an act of care be someone who has care of a person who lacks (or whom the person reasonable believes lacks) capacity to care for themselves. Section 44 of the Mental Capacity Act introduced a new offence of wilful neglect of a person who lacks capacity.

  • CPS: Crown Prosecution Service
  • CQC: Care Quality Commission
  • CSP: Community Safety Partnership
  • DH: Department of Health
  • DTC: Duty to Co-operate
  • DWP: Department for Work and Pensions
  • HBC: Hartlepool Borough Council
  • HWB: Health and Wellbeing Board
  • ICB: Integrated Care Board
  • IDVA: Independent Domestic Violence Advisor
  • IMCAs: Independent Mental Capacity Advocates
  • MAPPA: Multi-Agency Public Protection Arrangements
  • MARAC: Multi-Agency Risk Assessment Conference
  • MBC: Middlesbrough Council
  • MCA: Mental Capacity Act
  • MHA: Mental Health Act
  • MHA COP: Mental Health Act Code of Practice
  • MSP: Making Safeguarding Personal
  • NEAS: North East Ambulance Service
  • NHS: National Health Service
  • QSG: Quality Surveillance Group
  • RCBC: Redcar & Cleveland Borough Council
  • SAB: Safeguarding Adults Board
  • SAR: Safeguarding Adults Review
  • SBC: Stockton-on-Tees Borough Council
  • Tees: Refers to the boroughs of Hartlepool, Middlesbrough, Redcar & Cleveland and Stockton-on-Tees
  • TSAB: Teeswide Safeguarding Adults Board

Version: 7

Date: September 2024