Adult Protection Policy

1. Statement of Policy

The purpose of this policy is to outline the way in which Dyfed-Powys Police deals with ‘Adults at Risk’. Dyfed-Powys Police will provide a consistent and professional approach to safeguarding adults who have been identified as being vulnerable and at risk of harm.

This policy applies to all Dyfed-Powys Police Officers, staff and volunteers who provide a response to offences relating to adults at risk, from the first point of contact, through to investigation and prosecution.

All officers, staff and volunteers are to exercise professional curiosity to identify and assess vulnerability and risk of harm and take effective action to ensure any adult at risk is supported and safeguarded irrespective of criminal justice outcomes.

Anyone could become vulnerable to harm if they find themselves in situations where they are unable to protect themselves. In many cases where police are involved, the risk of harm or exploitation will normally come from a perpetrator. Positive action to remove the risk presented by them will be required to safeguard the victim.

Dyfed-Powys Police will strategically and operationally work with other agencies to put steps in place to prevent further abuse or harm and form part of the Mid and West Wales Safeguarding Board to ensure our collective multi-agency response is appropriate and consistent.

 

2. Policy Scope

This policy applies to all categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors),seconded staff and volunteers. Officers, staff and volunteers accessing and using force assets and property must have due regard to the contents of this policy. This policy sets out the way which Dyfed-Powys Police will work as an organisation and with our multi-agency partners to:

• Ensure members of Dyfed-Powys Police recognise, record and deal with incidents involving ‘adults at risk’ in a consistent manner.
• Promote the safety of adults at risk, having due regard to their right and ability to make decisions for themselves.
• Identify prevention opportunities.
• Ensure appropriate referrals are made to other agencies in an effective manner.
• Adopt a multi-agency approach in the development of services for adults at risk.
• Effectively investigate crimes involving adults at risk.
• Take positive action against offenders so that they can be held accountable through the criminal justice system.
• Promote a structure which regularly reviews performance, to ensure our response to safeguarding Adults at Risk improves and evolves.

Definitions

Vulnerable

A person is vulnerable if, as a result of their situation or circumstances, they are unable to take care of or protect themselves or others from harm or exploitation.

Adult at risk

Any person who is aged 18 or over who has care and support needs (whether or not the Local Authority is meeting any of those needs) and is experiencing or is at risk of abuse or neglect and is unable to protect themselves from abuse or neglect, or the risk of it.

Statutory guidance states that the inclusion of ‘at risk’ enables early intervention to protect an adult at risk. The decision to act does not require actual abuse or neglect to have taken place.

Abuse

Abuse is (but not limited to) physical, sexual, psychological emotional or financial abuse and includes abuse taking place in any setting, whether in a private dwelling, and institution or any other place. A non-exhaustive list of examples of different types of abuse can be found in the accompanying procedures document.

Neglect

Neglect means a failure to meet a person’s basic physical, emotional, social or psychological needs, which is likely to result in an impairment of the person’s wellbeing. Neglect can be deliberate or can occur a result of not understanding what a person’s specific needs are.

Mental Capacity

Capacity describes a person’s ability to make a specific decision at a specific time. Capacity can fluctuate. The Mental Capacity Act 2005 (MCA) provides a statutory framework to empower and protect people who may lack capacity to make decisions for themselves and establishes a framework for making decisions on their behalf. There should be an assumption that the individual concerned has the capacity to make decisions, look after their welfare and understand what is being asked of them, unless it is clear that they have an impairment of, or disturbance in the functioning of, the mind or brain. Police officers, staff and volunteers cannot make formal assessments of capacity but can provide helpful insight for assessors if a capacity assessment is required.

  

3.  Powers and Policy/Legal Requirements

• Social Services and Wellbeing Act 2014 (Wales)
• The Care Act 2014
• Wales Safeguarding Procedures
• Safeguarding Vulnerable Groups Act 2006
• The Safeguarding Boards (Functions and Procedures) (Wales) Regulations 2015
• Violence against Women, Domestic Abuse and Sexual Violence Act 2015
• Mental Capacity Act 2005
• Data Protection Act 2018
• Crime and Disorder Act 1998
• College of Policing - Authorised Professional Practice (APP)

The fundamental Principles of the Social Services and Well Being Act 2014 (Wales) state that the wellbeing of people who need care and support must be promoted. In accordance with the Act, Dyfed-Powys Police will ensure that the individual’s views, wishes and feelings are taken into account and will have regard to their characteristics, culture and beliefs whilst also promoting the dignity of the individual. Officers, staff and volunteers will also have regard to the importance of appropriate support to enable the individual to participate in the decisions affecting them, or in the event they are unable to make decisions for themselves, the decisions made are the least restrictive and in the best interests of the individual concerned.

There is a legal duty on Relevant Partner Agencies to report concerns to the Local Authority if they have reasonable cause to suspect that an adult is at risk of abuse or neglect, as defined in section 126 of the Social Services and Well Being Act. Relevant partners include (but is not limited to) the Local Authority, health services and the police.

Dyfed-Powys Police will highlight any safeguarding/vulnerability concerns by submission of a Public Protection Notice (PPN) to the Local Authority. There are four Local Authorities within the geographical composition of Dyfed-Powys Police namely Carmarthenshire, Ceredigion, Pembrokeshire and Powys County Councils.

Section 126 of the Social Services and Well-being (Wales) Act 2014, section 12 places a duty on a local authority to carry out an investigation where it suspects that a person is an ‘adult at risk’.

If a decision is made NOT to refer/share information to the Local Authority, Dyfed-Powys Police will make a record of the concern and any action taken. Low level harm incidents need to be recorded so they are easily identified and subsequently referred if they are repeated.

When a safeguarding referral is made to the Local Authority it has a legal duty to make enquiries and adequately protect and investigate in cases where abuse or neglect has occurred or there is a risk thereof. The purpose of a safeguarding enquiry is for the Local Authority to clarify matters and decide what course of action (if any) is required in order to protect the adult in question from abuse and or neglect. If any action is necessary, then it is for the Local Authority to take the lead in coordinating what action is appropriate and by whom.

There are some instances where Dyfed-Powys Police will lead the investigations usually where criminal offences are suspected. In these instances, Dyfed-Powys Police will work with the local authority and other partner agencies to ensure that all relevant information is shared and a risk management or safeguarding plan is agreed at an early stage.

In cases where criminal proceedings are deemed inappropriate, Dyfed-Powys Police should agree a course of action with partnership agencies to protect the adult/s to ensure the wellbeing of the individual concerned.

 

4. Options and Contingencies

The Local Policing Area Commander and the Detective Chief Inspector are responsible for the following:

• The knowledge, implementation and compliance of this policy with their staff.
• The identification of suitable officers to undertake training and roles required for the specialist investigation.
• The investigation, safeguarding and supporting of vulnerable people considered adults at risk in their geographical area.

Reporting

There are 5 ways in which an ‘Adult at Risk’ may be reported to Police:

• Telephone report to the Force Control Centre (FCC).
• Online reports.
• Report to Public Enquiry Officer (PEO) at station.
• Response of frontline officers, staff and volunteers on patrol.
• Multi- Agency Referral Form from a partner agency.

Reports that require immediate safeguarding action will usually be dealt with by response officers who should undertake a risk assessment exercising professional curiosity as part of any investigation that commences from their attendance. Attending officers are then responsible for submitting a Public Protection Notice (PPN) in order to share information with Social Services who may enlist the assistance of partner agencies to address the long-term safeguarding of the person at risk.

All PPN's involving adults at risk are reviewed by the Triage and Assessment Desk based within the Central Referral Unit within the Vulnerability Hub and are risk assessed where the Threat, Harm, Risk, Investigation, Vulnerability and Engagement is considered. Vulnerable adult cases in Dyfed-Powys are managed in line with the Wales Safeguarding Procedures 2019.

There are three ways in which the referral can be dealt with:

• Referred for a strategy discussion for Police and Social Services to share information and decide how to progress the referral. A record of the discussion must be made.
• Information shared with Social Services for them to consider and undertake further required work with the person of concern. They can also forward on to other partner agencies to assist.
• No further action can also be taken based on the information available to the officers triaging the PPN and upon researching police systems.

Any referral received from partner agencies that have a disclosure of a crime will be crimed in accordance with NCRS and allocated for investigation by a suitably trained officer.

Strategy Discussions

Detective Sergeants will attend all initial strategy discussions for adults at risk. During office hours (Monday – Friday) this will be from the Central Referral Unit however out of hours or during times of high demand this could be divisional Detective Sergeants.

The strategy discussion/meeting is a forum to –

• share information.
• ensure any interim protection plan originating from screening and the initial evaluation is in place and is protecting the adult at risk from abuse and neglect.
• consider the level of identified risk.
• specify respective roles and responsibilities; specific tasks required; issues of co-operation; communication and the best use of skills, expertise and resources.
• consider the wishes of the adult at risk and if they do not have the mental capacity those of their representative.
• ensure any assessments are completed.
• decide on a course of action.

More than one strategy meeting/discussion may be appropriate depending on the circumstances of the case, for example to:

• Identify additional information that needs gathering.
• Review actions considering emerging information and/or evidence.
• Give due regard to the complexity of the case.
• Consider actions and desired outcomes.

Every discussion/meeting must review the abuse and/or neglect concerns to the adult at risk and other adults or children at risk and agree actions to manage this.

Investigation

Where it has been identified that a crime has been committed against an adult at risk and a joint investigation by the police and local authority is required then Dyfed-Powys Police will allocate the investigation to PIP level 2 trained officers within the Criminal Investigation Department. In some areas this will be the Joint Investigation Teams.

As an investigation progresses, Dyfed-Powys Police will continue to attend any subsequent meeting or conference regarding the adult at risk to ensure information sharing is maintained and safeguarding plans are appropriate.

 

5. Take action and review

The lead officer is the Detective Superintendent for Protecting Vulnerable People, who is responsible for the strategic lead for Vulnerability, and the coordination of Policies.

‘Adults at Risk’ is managed under the Vulnerability portfolio which receives oversight from the Strategic Vulnerability Board.

 

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: December 2024