Any decisions about the purchasing status of the provider should be recorded in provider view and notification sent to QOCM flag mail box (sshqqocm) by the District Service Manager. Provider View The decision, decision maker and rationale for the decision to end section 42 duties should be recorded in provider view as soon as this has been agreed. This should include a request to QOCM flag mail box (sshqqocm) for removal of a safeguarding flag. “Pause and review” Consider closure to LSE but open to QOCM framework to review quality concerns and sustainability of progress. Section four – Roles and Responsibilities of Stakeholders 4.1 Cross-Boundary Considerations It can be particularly complex and demanding for a host authority to manage an LSE organisational safeguarding adults’ enquiry of a care provider when there are many different placing authorities involved. This can include both social care and health commissioners and many placing authorities. During the course of an enquiry, host and placing authorities may agree that local services may be best placed to meet needs arising from the enquiry. The host authority needs to ensure the following: Clarity about the responsibilities of host and placing authorities at the outset of the enquiry is essential to ensure the person’s wellbeing and desired outcomes remain paramount. Negotiation at an early stage should enable clarity of roles and expectations, allow any issues to be addressed, agree timescales to mitigate drift in undertaking the enquiry, and agree who is best placed to undertake this, taking account of geographical distance. 4.2 Host local authority The authority where the abuse happened is defined as the host authority. The host authority: Must make or cause to be made enquiries (called a safeguarding enquiry) Must undertake an assessment of the person, where the person lacks capacity and they have been abused, whether they want one or not. It is the responsibility of the commissioner to undertake the assessment. Can request cooperation of partners or other local authorities, who have to cooperate or give a written reason why they are not cooperating Must decide whether action needs to be taken and, if so, what and by whom Have the duty Under Section 67 and 68 of the Care Act to arrange independent advocacy for adults, if required. The host authority will be
Appendix 2 – Letter to the service user It may be appropriate to consider a joint letter with the Provider. Title) (First Name) (Last Name) Address Line 1 Address Line 2 Address Line 3 Town Postcode Dear (Title) (Last Name) RE: (Establishment) We are writing to you as we understand that you are a resident at (name of provider) Hampshire Adults’ Health and Care have been made aware of a number of concerns about the care offered by (Name of Provider). The concerns relate to (put in detail as appropriate). We do not wish to cause you any distress or alarm by writing to you and would like to reassure you that we are making enquiries about these concerns. We are very keen to hear your views about the care you receive at (name of provider) and whether you have any specific concerns. We will shortly make arrangements to meet with you to discuss this. We can also arrange for you to have someone you choose to support you at the meeting such as a relative or a friend or if you would prefer, we will arrange for an advocate to support you. We are working closely with the managers at (name of Provider) to ensure that improvements are made where they are needed and we will be monitoring these improvements so that we are reassured they will continue. We will also keep you informed of any outcome of our enquiries and please be assured that your views and wishes will form a part of the process and will be considered in relation to any actions we take that might affect you. We look forward to meeting with you Yours sincerely District Service Manager Adults’ Health and Care Hampshire County Council
Appendix 9 – Summary of adults at risk, commissioners, next of kin, GP LSE – Summary of all adults at risk and agencies involved Provider – <insert name> Date started – <insert date> Appendix 10 – Summary of section 42 enquiries and safeguarding concerns LSE – Summary of section 42 enquiries and safeguarding concerns Provider – <insert name> Date started – <insert date> Alert/Date Initials & AIS Safeguarding Allegation Lead Investigator / Meetings Outcome / Feedback MCA Update and Family Feedback Open Section 42 Enquiry Cases Alleged neglect by the provider – Example – concern received from CQC; re wound care, weight loss, bruises Commissioner: Hampshire County Council funded Social Worker: Eg. Strategy discussion / meeting held Outcome: MCA: Example – Does not have capacity to make a decision about care and treatment Family: contact made and involded where relevant. Consider advocacy