Protecting adults at risk in London: Good practice resource
Situations and responses: Situation 5
A person who is assessed not to have mental capacity to make decisions about their own safety is abused or neglected in their own home by a paid carer, professional, support worker or volunteer providing services, or is abused or neglected in a care setting (e.g. hospital, day services, residential or nursing home).
- 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.
- Report it as a significant incident if it has occurred in a health setting.
- The manager – possibly in consultation with the police – may suspend the member of staff or remove them from contact with the adult at risk.
- Instigate an investigation and risk assessment under safeguarding adults procedures.
- Review any personal budget arrangements that are in place.
- Make a referral to the professional body and ISA if the allegation is proved.
- Agree a protection plan with those representing the person’s best interests.
- Review the protection plan.