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The Care Act and Safeguarding Adults

 The Care Act introduces new responsibilities for local authorities. the implementation of the Care Act came into force on April 1st 2015.

There is an easy read version of the Care Act. (2.8MB)

Briefing Sessions

The Safeguarding Adults and Care Act briefing sessions were held on 25th  and 31st March. Safeguarding Adult Managers and staff from partner organisations attended and were briefed on the Care Act and Safeguarding Adults.

Materials used at the briefing events have been made available to staff:

The Care Act
Feedback was taken and a list of questions and answers has been formulated:

You can access in full The Care Act

Care Act Questions



Make the reporting process and simple and easy to use to encourage services to report all issues

The reporting system has been compiled to reflect national and local data sets. The minimum information is collated to inform these systems. The reporting process has been designed with the practitioners to ensure that this a working tool that is fit for purpose. Consequently the process is constantly reviewed.

Information needed to define new categories when reporting.

This is available in the Care Act, 7th Safeguarding Adults Procedure and definitions of abuse reference guide.

Ensure staff are up to date with specific areas

Training is available in organisations and multi-agency training is accessible via TASPB. Contact the Safeguarding Adults Team for Safeguarding Adult Managers Training and Making Safeguarding Personal Training
Workshop for Practitioners to be held in June 2015 will inform practice in response to the new definitions of abuse as defined in Care Act.

Ongoing Training for managers and more refresher training. Some staff trained but not using the skills.

Refresher training should be completed every 3 years. There are range of tools for completing this eg. e – learning. Organisations can also arrange refresher training via the Safeguarding adult team

Ability to contact advisor perhaps enhance SAM knowledge – Peer Support

There are over 300 SAM’s in Tameside and it is an expectation that they can call on each other for advice and guidance as appropriate. The 7th edition of the policy, indicates that an enquiry can be dual SAM if the enquiry cuts across organisations.

Training required re. exploitation is being able to recognise signs of grooming before it becomes any form of exploitation.

This will be addressed through the TASPB training strategy.

Self Neglect – least intrusive response to this but how do we evidence this.

 The concern form indicates what action has been taken by the Safeguarding Adult Manager. This data will be collated and analysed to identify trends and themes. This will inform practice in the future and help this area of work evolve, to provide a proportionate response to Safeguard the Adult.

Self harm where would this fit with self neglect?

Please can we have a formal guidance on self neglect, especially if they do not consent?

Safeguarding Adult Self Neglect guidance is work in progress at present. Self harm is being considered in this context and will be addressed in this guidance.

Need to have supervisory forums that reach across different organisations to consider their/experience of outcomes/plans in relation to issues of self neglect

Need to have additional training regarding self neglect

Practice remains as before in response to self neglect, with the exception of completing a concern form.

Training will include self-neglect. The TASPB Continual Improvement Principle will consider how this is included in the Safeguarding Adult Training Strategy.
Self Neglect guidance will enhance practice and share examples of best practice

Sharing Good Practice

The TASPB Learning and Accountability group review the Safeguarding adult Activity in Tameside and identify areas of good practice, sharing this appropriate through relevant forums.

Domestic violence would this just be covered by the MARAC or do we need to raise a Safeguarding Concern as well?

If a ‘worry’ regarding a person who has care or support needs, that indicates they are experiencing domestic abuse, organisations would complete a concern form.

Not all cases that have been referred to MARAC need to have a safeguarding enquiry.

On occasions if a domestic abuse situation has been alerted as a safeguarding enquiry, it may be an option to raise a MARAC as part of the Safeguarding Plan.

The Safeguarding Adult Manager will make this decision and consider what a proportionate response is.

Concern form

Can this be completed if the person has capacity and doesn’t consent to share?

Organisations will record this through internal processes and this information cannot be shared with Partners unless others were at risk.

Person centered tools used for individuals is different to record for the current paperwork, perhaps paperwork could have a prompt questions ie. what person centred tools/methods have been used/clear outcomes

Paper work has been updated to confirm the outcomes for the Adult based on data required to inform national and local data sets.

Will Safeguarding Team collated data where Safeguarding procedure not invoked – what if we get it wrong?

Concern forms will be recorded if the Safeguarding issue does not lead to a Safeguarding Enquiry.

This information will identify inappropriate concern only and this will be shared as learning and further guidance provided as appropriate.

Concern forms indicate ‘date organisation informed’ – who is the organisation?

The ‘organisation’ Is the one which is receiving the initial concern 

If a SAM decides not to raise an enquiry would this information be known to the Safeguarding Adult Team

Would a Safeguarding Adult Team know if a particular SAM wasn’t referring cases through the process without checking internal agency records?

No this information would not be known by TASPB unless a concern form is completed.

Does the Care Act remove the need for the information to be recorded on both other Local Authority paperwork and TMBC paperwork?

No, Tameside Adult Safeguarding Board may have a different local data set to other Local Authorities. The forms in Tameside respond to the national and local data set.

The locality Teams and Safeguarding Adult Team agreed ‘Part B’ would be called ‘Investigation’, now being referred to as an enquiry.

Further meetings agreed that it was better to refer to the Care Act and use terminology described in the Act. Adult Social Care and other partner organisations were represented at these meeting and agreed to these changes. TASPB agreed with the recommendations.

Need more clarification of the undue concept in practice?

This will be discussed in training. In addition further guidance will be developed as appropriate and shared with SAM’s in due course.


Who has responsibility for obtaining Advocacy?

Advocacy could be more available – some delays in obtaining this.

More resources in advocacy services due to emphasis on their involvement – will they be available in a timely manner – IMCA or Advocacy?

All organisations have responsibility for arranging advocacy, this should be discussed with the Safeguarding Adult Manager in the first instance.

A safeguarding can commence without an advocate to avoid delays but an advocate should always be appointed if the Adult lacks capacity.

Someone without capacity – should we go to family for consent?

An advocate should be approached if the person does not have capacity, this can be a family member.

Making Safeguarding Personal


A suggestion that a disclaimer is signed if the Adult does not want to proceed with the Safeguarding.

This question will be raised with the TASPB Learning and Accountability Principle and the response shared in due course.

Ensure leaflet is up to date
Leaflet is being updated and is available in alternative formats including easy read.

Learning Log is currently being used by Long Term support team

Learning and Accountability group will consider how this approach can be adopted by partner organisations

Make sure a standard pack is available on line for access for all providers.

All forms are available on line and the 7th Edition of the Safeguarding Adult Policy.

More clarity about the capacity, safeguarding, choice and unwise decisions and what needs to be documented is required.

Staff should access the Mental Capacity Act training. Safeguarding Adult Training provides opportunity for these discussions and learning. The Safeguarding Adults Policy Procedure 7th edition has information regarding capacity and consent.

The difference between a concern and safeguarding and how this is explicit to the service user

A concern is a ‘worry’ regarding a person’s safety and an enquiry is what needs to be looked at to confirm a person is safe. The language should be adapted as per the Adults situation, communication and engagement skills will be required. How this is approached and by whom, can also be discussed at the Strategy meeting.

Unclear how much guidance can be shared with family can some guidance be shared around this

Staff should refer to their organisations information protocol and make reference to TASPB Information Protocol.
Question referred to TASPB Learning and Accountability Principle to consider availability of further guidance.

The new documents question clients capacity to follow procedure but full capacity assessment takes time and often a protection plan has been implemented

The safeguarding adult enquiry will take a making safeguarding personal approach and primarily focus on the safety of the Adult or others at risk. Decisions regarding what actions are to be taken should be discussed and agreed at Strategy meetings and the Safeguarding Conference.

New form – a section to identify what the service user/family wants from the process

The enquiry form indicates the Adult/Advocate desired outcomes

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