Choosing Protection – Abuse,
Adult Protection, Safeguarding
and Legislation
Daniel Blake
Policy Development Manager
Action on Elder Abuse
Contents
1. Context
2. Prevalence
3. No Secrets Review – Some thoughts
4. Personalisation and Safeguarding
5. Legislation
6. The Consultation Document - Guidance
7. Starting from the right place!
8. Moving Forward – AEA Position
9. A Clear Role for Guidance
10. Conclusions
Context
• No Secrets Guidance – Launched 2000
• AEA Data Monitoring Report – All 3 recommendations
accepted in principle by Minister – 2006
• UK Prevalence Study 4% headline figure – 2007
• Ivan Lewis announces Review of No Secrets including a
consideration of the case for legislation – June 2007
• Launch of pre-consultation stage of No Secrets Review –
Feb 2008
• Consultation launched – October 2008
• Consultation ends – 31st January
UK Study of Abuse and Neglect of
Older People - 2007
In 2004, there were 8,587,000 people aged 66 years and
over in the UK. Extrapolating the prevalence percentages
suggests:
• 105,000+ were facing neglect
• 86,500 were facing financial abuse
• 58,600+ were facing psychological abuse
• 62,400 were facing physical abuse
• 42,500 were facing sexual abuse
No Secrets Review
• Welcomed by all stakeholders.
• Has engaged many groups, agencies and organisations
not previously thought to be involved.
• Has engaged other government departments including
Home Office, Ministry of Justice.
• However has been dominated by a “Cash for Care”
model of personalisation.
• Has ignored a number of key issues including GP’s,
mental health, care homes, employment law and others
• A number Consultation events have presented
individualised budgets as a panacea.
• Leading questions on legislation.
Personalisation and Safeguarding
• Right to give people a greater say and control over the nature and
quality of care they receive. This applies to Care homes and
Hospitals as much as Individualised Budgets.
• The right to choice is not in conflict with the right to protection. Let
us not ignore what we Domestic Violence has taught us.
Safeguarding and personalisation are not in conflict.
• Safeguarding needs to address the very real concerns of disabled
people. Many issues can be resolved.
• Informed decision making is about information, risk assessment and
risk management
• However safeguarding does sometimes require tough decisions
which could include over riding the wishes of an adult with consent
based on an assessment of risk and potential harm
Legislation
• The Domestic Violence, Crime and Victims Act 2004 was introduced to increase
the protection, support and rights of victims and witnesses. It also gives the
police and other agencies the tools to get to the heart of domestic violence
crimes. The Act is a key part of our aim of putting victims at the heart of the
criminal justice system – Home Office website
• This legislation sends out a clear message that forced marriage, a breach of an
individual's basic right to choose who and when they marry, is not acceptable in
our society. It will enable us to make better use of civil court remedies to provide
protection to those placed in this intolerable position. – Bridget Prentice
Ministry of Justice on Forced Marriage Legislation
• Children's Secretary Ed Balls will put forward legislation aimed at creating
greater accountability for a child's wellbeing, with local services forced to chart
their progress in intervening at an early stage.
• It comes amid concern over the plight of vulnerable children following the case of
Baby P, who died after suffering more than 50 injuries at the hands of his abusive
mother, her boyfriend and a lodger.
Consultation Document
• “guidance has the advantage of being able to be broad
and flexible”
• “guidance is more immediately applicable” it is more up
to date and is more integrated to wider policy”
• “laws can be inflexible: they do not move easily with
new policies”
• “Unlikely that new primary legislation could be
commenced for at least two years”
• “How much harm can we prevent with new legislation
and how much freedom do we need to give up to
achieve it”
The Right Start!
• The correct starting point to debate legislation is to
consider the situations that we need to improve,
challenge and change. Not what exists in other
legislation elsewhere!
• Failure to share information – Highlighted by many cases
such as Steven Hoskins
• Inability to get past the front door – Lack of clarity around
thresholds to tackle neglect. Protecting life and limb
• Lack of multi agency co-operation – Who is consistently not
at the table?
• The status of Safeguarding Boards – Poor attendance, lack of
accountability, lack of status
• Lack of Data – Current proposed collection is not compulsory
• Lack of Political Accountability – Both locally, nationally and
across agencies
Moving Forward
• Sufficient criminal legislation probably currently exists?
• Adult protection legislation should provide a framework
around what currently exists.
• New powers are about accessing people who we are
currently failing to reach.
• Safeguards should be provided by principles of Human
Rights Act and Mental Capacity Act.
• Positive Action does sometimes mean taking difficult
decisions.
• Message we send out as a society does matter!
Guidance – Right place and
Time
• The debate is not a polarised debate
between guidance and legislation.
• Guidance does have its place and uses as
we progress towards legislation.
• Guidance should set a “road map” towards
a clear route to legislation.
• A number of issues could be resolved
through guidance.
Conclusions
• Considering other legislative developments; we should
not have to justify the need for adult protection
legislation!
• We are looking for framework legislation rather than new
criminal offences.
• Legislation is part of the solution and not the only
solution. Guidance has its place.
• Neither legislation nor more guidance is a panacea to
adult abuse.
• Professionals still need support to make judgements.
Contacts
AEA 0208 765 7000
www.elderabuse.org.uk
Elder Abuse response line
08088088141