Safeguarding in Care Home

noclaf

An elderly relative who resides in a care home was either attacked or pushed over by a 'carer' and ended up in hospital with serious head injuries. My relative was able to provide sufficient information such that the offending individual is no longer allowed back to work at the care home, obviously I don't have any details but am aware they are an agency worker, safeguarding protocol was followed and Social Services + Authorities are involved, there will be an investigation by SS but I am not familiar with how these are approached etc

How can I ensure the offender is dealt with by the law rather than just ends up working elsewhere due to the broken 'tick box' system and inflicting more pain and suffering on other vulnerable and/or elderly? I know firsthand how difficult a carer role can be but assaulting a frail elderly resident is a red line crossed IMO.

elsien

If the relative is able to do so,  they can contact the police directly themselves to make a complaint if they wish to go down that route.
I would expect social services to also have reported to the police. Safeguarding referrals and police investigations are two separate processes. Sometimes they have to wait for the outcome of the police investigation before taking things any further ref the safeguarding. The priority is to ensure that your relative is safe but also it’s all the people who may be impacted also kept safe.

 However depending on the police evidence it is the CPS decision as to whether to prosecute or not so you can’t guarantee that the person would be taken to court. 

The person would also be reported to the disclosure and barring service, And a DBS enhanced disclosure is required for any job working with vulnerable people, both children and adults, so would be flagged up to any future employer.

https://www.gov.uk/report-unfit-work-children-vulnerable-adults

noclaf

elsien said:

If the relative is able to do so,  they can contact the police directly themselves to make a complaint if they wish to go down that route.
I would expect social services to also have reported to the police. However depending on the evidence it is the CPS decision as to whether to prosecute or not so you can’t guarantee that the person would be taken to court.

The person would also be reported to the disclosure and barring service, And a DBS is required for any job working with vulnerable people so would be flagged up to any future employer.

https://www.gov.uk/report-unfit-work-children-vulnerable-adults

Thanks Elsien, relative has an SMI and is elderly so not able to do so but I could raise on their behalf, I have pictures of the injuries and am considering asking for the Hosp doctors notes as additional evidence.
The care home reported to the Police so am wondering if there is an associated ref. of some kind?
Regarding the DBS check, how robust is it, would it definately prevent the person performing a carer role again?(with the exception of any dodgy unregistered agencies but not sure if that's even possible).
Unfortunately the incident was not witnessed so that may also be a factor re prosecution but I will look into it. If the Police get in touch then that might make it easier, it's early days so will see how this progresses.

elsien

DBS is generally robust. It used to be that people would start work while they were waiting for the DBS to come through but nowadays with CQC it’s one of the things they look for so people don’t start work until the DBS has been checked.

You might find this useful as well with regards to the safeguarding process. 

https://www.scie.org.uk/safeguarding/adults/practice/questions

If your relative lacks capacity around the safeguarding and what they want to happen then someone else would be involved asking questions on their behalf. If there’s a family member it would generally be them.

noclaf

Thanks again Elsien, will check out the link.

I have been deliberately vague with some details but FWIW, it is a close relative who lacks capacity and I am their deputy via COP.

elsien

Deputy for health/welfare?
It shouldn’t make a difference, because under the mental capacity act consultation should be with the people who know your relative the best, Which sounds like it would be you.

I’m just being slightly pedantic and flagging up that deputyship for finances (which is all that most people usually have where there is a deputyship rather than a power-of-attorney) may not be particularly relevant in the circumstances.

billy2shots

There are two parts to a DBS Check. 

Part 1 is the Adult First (formally POVA) part which checks the database to see if the potential member of staff has ever been recorded as abusive to a vulnerable person. 

It's a register that's easily and quickly checked (think sex offenders register). The result of this check is returned in 24/48h from request. 

A potential member of staff can begin work after this check is complete. 

The second part is the Police Criminal Record check. 

Depending on how many address changes there has been in the past 5 years, this part can take weeks to come back (used to be months) hence why someone can start after the first part of the check is complete. 


Even if an abuser doesn't get a formal police caution, they can still be flagged up on the Adult First part of the check if a safeguarding investigation found them at fault. 

Agency staff will almost certainly hold the 'Update service ' option for their DBS. 
This has a number that is easily checked by new agencies/new work place and will give a live picture of their current situation at the press of a button. 

As long as a safeguarding investigation finds the person at fault then future employment with vulnerable people should not happen. 
Of course that also needs future employers to have acted correctly as well. 

Due to confidentiality, you are limited in what you can do. 
Even contacting DBS/Adult First, to see if they have been added to the register is probably off limits to you. 
To run a check you need to be an employer with the person's agreement.

I think the best you will get is verbal or written confirmation from the lead investigator saying they will report the outcome to DBS (Adult First) and possibly the police depending on evidence. 

noclaf

elsien said:

Deputy for health/welfare?
It shouldn’t make a difference, because under the mental capacity act consultation should be with the people who know your relative the best, Which sounds like it would be you.

I’m just being slightly pedantic and flagging up that deputyship for finances (which is all that most people usually have where there is a deputyship rather than a power-of-attorney) may not be particularly relevant in the circumstances.

Valid point to be fair, I think it may be for one of them (need to check!) but I tend to manage all the other aspects anyway (Health/Care/Finances etc)

noclaf

Thanks Billy2shots, v helpful.

This part of your post is key:
'As long as a safeguarding investigation finds the person at fault then future employment with vulnerable people should not happen.' 

The incident was not witnessed so will be their word Vs my relative, will monitor how it progresses.

diystarter7

OP, contact your local council they all have a Safeguarding team. They deal with stuff like this all of the time.
Once contact is made with an allocated social worker who will speak with the person attacked if they have the capacity etc and others it would not hurt to show them that if/when the offender is found guilty, social services need to ensure the person is banned for life from working with vulnerable people.

Edit. Get the name of the allocated officer and seek a meeting on site, a joint meeting if possible and or this is what you and the victim wants.

elsien

It is already with the safeguarding team, if you re-read the first post.