Principles of the Care Act

The Care Act 2014 (UK) has been adopted on the Isle of Man as best practice, and emphasises a personalised approach to adult safeguarding that is led by the individual, not by the process. The needs and expectations of the person's unique situation will shape how agencies may respond. It is important that the person feels that they are the focus and they have control over their own lives throughout any safeguarding intervention.

"The approaches of all agencies and services to adult safeguarding should be person-led and outcome-focused." (The Care Act 2014 UK)

Making safeguarding personal (MSP) is not simply about gaining an individual's consent, although that is important, but is also about hearing people's views about what they want as an outcome. It is important that the person feels in control and not driven by the adult safeguarding procedure, that the intervention is agreed and shaped by the person.

We think about the principles of the Care Act 2014 (UK) Empowerment, Prevention, Proportionality, Protection, Partnership and Accountability, by applying the “I Statements” which link directly to the adult at risk:-

Empowerment

Presumption of person led decisions and informed consent.
“I am consulted about the outcomes I want from the safeguarding process and these directly inform what happens.”

Prevention

It is better to take action before harm occurs.
“I am provided with easily understood information about what abuse is, how to recognise the signs and what I can do to seek help.”

Proportionality

Proportionate and least intrusive response appropriate to the risk presented.
“I am confident that professionals will work in my interest and only get involved as much as needed.”

Protection

Support and representation for those in greatest need.
“I am provided with help and support to report abuse. I am supported to take part in the safeguarding process to the extent to which I am able. I feel part of the safeguarding process and it is not something which happens around me. I am allowed to take risks.”

Partnership

Local solutions through services working with their communities have a part to play in preventing, detecting and reporting neglect and abuse.
“I am confident that information will be appropriately shared in a way that takes into account its personal and sensitive nature. I am confident that agencies will work together to find the most effective responses for my own situation.”

Accountability

Accountability and transparency.
“I am clear about the roles and responsibilities of all the people involved.”

These six principles should inform the ways in which professionals and other staff work with all adults. The principles are not in order of priority, they are of equal importance. However, there is recognition that the prevention of harm is always better than investigating harm that has occurred.

Living a life that is free from harm and abuse is a fundamental right of every person. When abuse or neglect does occur, it needs to be dealt with swiftly, effectively and in ways that are proportionate to the concerns raised. In addition, the person affected must be at the centre of any safeguarding response and must stay as much in control of decision making as possible.

Fundamentally, effective safeguarding is about people and organisations working together to prevent and reduce both the risk and experience of abuse or neglect. Safeguarding means protecting the health, wellbeing and human rights of people at risk, enabling them to live safely, free from abuse and neglect. Safeguarding also means making sure that the adult's wellbeing is supported and their views, wishes, feelings and beliefs are respected when agreeing on any action. In the Isle of Man we endorse the ethos of making no decision about me, without me. Effective safeguarding is supporting people in maintaining control of their own lives, and aware of their rights.

We are committed to MSP throughout these procedures. Therefore, these multi-agency procedures are based around holding conversations with adults at risk about their wishes, the risks, their involvement and how agencies can work together towards achieving the desired outcomes of the adult at risk - wherever possible.

Each stage of these procedures sets out potential conversations to be held with the person at risk (and/or their representative). These may not cover all the issues to be discussed and they may not always be possible for a range of reasons, including:

  • The urgency of actions required;
  • The person's engagement or understanding of the concerns;
  • The possibility of increasing the risk, or placing others at risk;
  • The possibility of prejudicing a police enquiry.

Whilst the conversations outlined will sometimes be aspirational, they should be sought to be achieved where possible and be held by the most appropriate person in each situation. Where a person has a substantial difficulty or an assessed lack of capacity to be involved in the safeguarding intervention, they have an entitlement to be represented by an appropriate friend, relative or independent advocate.

MSP is also about ascertaining the extent to which the outcomes the individual wanted were achieved at the end of an agreed safeguarding intervention.

We must avoid safeguarding arrangements that do not put people in control of their own lives. There should be no shortcut approaches to adult safeguarding, and these procedures advocate properly engaging with people, working with them at their pace, and tailoring interventions to meet their individualised needs and outcomes.