Protecting adults at risk in London: Good practice resource
Situations and responses: Situation 2
A person with mental capacity to make decisions about their own safety is abused or neglected in a care setting by a relative or friend, but there is no risk to other residents.
- Take any emergency action necessary.
- Discuss with the person the various options available for addressing the situation.
- Ask the person if they would like to report the matter to the police, and explain the different ways the police may be able to help.
- If the person wants it, report the incident to the police: an investigation will be carried out if a crime has been or may have been committed.
- Consider reporting the incident to the police even if the person does not want to report it, if the risk is seen to be high, or if there are public interest or vital interest considerations.
- If this, or any other action, is taken against the wishes of the person, consider if the action taken meets the key principle of proportionality, and if the reasons should be fully explained to the person.
- Consider whether there is a domestic violence aspect.
- Make a referral to the local authority contact point.
- Report it as a serious incident if it has occurred in a health setting.
- Ask the person if they want a safeguarding investigation to proceed. If the person agrees, an investigation and risk assessment that involves the person will be carried out by the manager of the care setting and the care manager or health professional, as agreed with the safeguarding adults manager (SAM).
- Agree a protection plan with the adult at risk.
- Discuss with the adult at risk how they want the person alleged to have caused the harm to change their behaviour.
- Conduct an additional risk assessment and assessment of need with the adult at risk.
- Agree with the adult at risk how the situation will be reviewed.
- Consider if the relative or friend may have community care needs of their own.
- Contact a solicitor regarding possible civil action.
- If the person says they do not want any action taken and there are no public interest or vital interest considerations, give them information about where they can get help if they change their mind.