Protecting adults at risk in London: Good practice resource
Situations and responses: Situation 6
A person with mental capacity to make decisions about their own safety is abused or neglected by a personal assistant who is paid from a personal budget that is wholly controlled by the adult at risk.
- Take any emergency action.
- 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, if there are public interest or vital interest considerations, or if other people could be at risk from the same person.
- 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.
- Make a referral to the local authority contact point.
- Instigate an investigation and risk assessment under the procedures if this is what the person wants, or there are other people at risk from the person alleged to have caused the abuse.
- Conduct a risk assessment and assessment of need, and review existing care plans under care management or CPA/health trust procedures.
- Give the adult at risk information about abuse and neglect, and advise them about support.
- Review the personal budget arrangements.
- Assess mental capacity if this now seems in doubt.
- If the person continues to say they do not want any action taken and there are no public interest considerations, give them information about where they can get help if they change their mind.