All Age Safeguarding
NHS ML is committed to the principles and statutory responsibilities in safeguarding children and adults at risk, we are dedicated to ensure that these principles are applied in all of the work we do with our patients, their families and carers.
All Age Safeguarding means protecting an adult’s and child’s right to live in safety, free from abuse and neglect. 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 and child’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action.
Staff must know what to do if there is a concern about an adult or child at risk, and we all have a collective responsibility to safeguard children and adults that come into contact with our organisation.
Within the Personalised Healthcare Commissioning service we provide specialist safeguarding services that includes supporting our patients through Court of Protection (CoP) applications and where they may come under the safeguards of the Mental Capacity Act (MCA 2005).
Court of Protection Deprivation of Liberty Services
Why do we need to apply to the Court of Protection?
The Mental Capacity Act (MCA) 2005, is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. If someone lacks the capacity to decide where they live, their care and support needs and the decision needs to be made for them, the MCA states the decision must be made in their best interests. When care is restrictive and an individual resides in their own home, a Judge must authorise these restrictions to ensure they are in the individual’s best interests, proportionate and the least restrictive options available. Consequently, the NHS ML will make an application to the Court of Protection, on behalf of the individual and this is called a Court of Protection Deprivation of Liberty Order (COPDOL).
The Court of Protection reviews the application, examines the evidence provided, and determines whether the proposed deprivation of liberty is in the individual’s best interests.
The court will grant an order based on the evidence and legal framework, considering the individual’s rights and welfare. Safeguards are put in place to monitor and review the individual’s care and ensure their ongoing well-being.
Further information can be found on this website Mental Capacity Act 2005 or please contact the team for more information at mlcsu.mcaandsafeguardingmlcsu@nhs.net
Information we collect as part of the specialist safeguarding services
We collect and process data from a number of sources to ensure individuals receive the correct protection and support.
This may include:
• Information pertaining to the referral, assessment, and care plans of the patient
• Sensitive information with regards to physical and mental health conditions
• Financial information such as, Bank statements and Department of Work and Pensions (DWP) documents
• Social care information including tenancy agreements
• Family and relationship details
• Information/reports from the Police
• Information from the Coroner’s Courts
Sharing information with third parties
Advice and guidance will be provided to care providers to ensure that adult and children’s safeguarding matters are managed appropriately. Information will be shared in some limited circumstances where it is legally required for the safety of the individuals concerned. Consent is not required to share this information as there is a statutory obligation under the Care Act 2014 to protect the safety and welfare of vulnerable children and adults.
Relevant information will also be shared about individuals when we are supporting them through the Court of Protection applications. This may include sharing with other professionals across health and social care, including the Police, Courts, appointed Solicitors, Advocacy services and family members.
All professionals involved in the process must maintain strict confidentiality regarding any information that is shared as part of any safeguarding process.
Any information used for statistical or reporting purposes will be completely anonymised.
For further information, please see NHS ML’s Privacy Notice https://www.midlandsandlancashirecsu.nhs.uk/privacy-policy/
How do I access a copy of my information?
Should you wish a copy of any of your information then please initially speak to a member of the Safeguarding team who can advise. If they are unable to provide it easily, they will re-direct you to your ICB or to the Access to Information team within the CSU.
For contact information for the Access to Information team please see here
What should I do if I have an immediate safeguarding concern?
If you have an immediate safeguarding concern, please call 999 but for all other safeguarding concerns please make a referral to your local Authority safeguarding team – their contact details are available on their website.
There is also the use of an app developed by NHSE England that you can find here www.england.nhs.uk/safeguarding/nhs-england-safeguarding-app
Alternatively, you can check the website of your local ICB which will explain how to make a safeguarding referral in your area. If you are not sure which ICB you should contact, you can search here https://www.nhs.uk/nhs-services/find-your-local-integrated-care-board/
