Protecting adults at risk in London: Good practice resource
Situations and responses: Situation 7
A person who does not have mental capacity to make decisions about their own safety, and is in receipt of a personal budget, is abused or neglected by a personal assistant who is employed by a person who is managing their budget on their behalf.
- Take any emergency action.
- Bear in mind that even where the person lacks capacity they should be involved as much as possible in discussions, and that the least restrictive options in any situation should be sought.
- Identify who can assist with the person’s best interest decisions including the IMCA.
- Make a referral to the local authority contact point.
- Report the incident to the police: an investigation will be carried out if a crime has been or may have been committed, and it is in the person’s best interests.
- Instigate an investigation under safeguarding adults procedures.
- Conduct a risk assessment and assessment of need, and review existing care plans under care management or CPA/health trust procedures.
- Review personal budget arrangements and any employment law implications.
- Report the incident to the OPG if there is a misuse of power of attorney.
- Report the incident to the DWP if applicable.
- Agree a protection plan with those representing the person’s best interests.
- Review the protection plan.