Allegations against Adults with Care and Support Needs

1. Responding to Allegations

Whenever an allegation is made against another adult with care and support needs it is important to view the situation holistically and consider the safety, needs and individual wellbeing or both adults in any subsequent decisions made or action taken.

All of the possible causal factors should be considered, including how both adults were being supported at the time:

  • Were support levels appropriate?
  • Were staff following guidance in any risk assessments?
  • Where relevant, was medication administered appropriately?
  • Did the environment play a factor e.g. isolation/too crowded?
  • Did anyone incite or encourage the abuse?

2. Conversations with the Adult (Non-criminal Investigations)

If the adult has substantial difficulty

If the adult is likely to have substantial difficulty in participating in any conversations about the allegations against them, the advocacy duty applies (unless an appropriate person to support them during the conversation can be identified).

If the adult lacks capacity

If there are concerns that the adult may lack capacity to understand the allegations, recall what is alleged to have happened or communicate their recollection of events then a mental capacity assessment should be completed to confirm whether or not this is the case.

If it is the case then it is likely not going to be in their best interests (or of any benefit to the enquiries) to speak to them about the allegations.

Supporting the adult during the conversation

The following should be considered to ensure that the adult has the support they need before, during and after the conversation:

  1. Where is the best place to have the conversation?
  2. How long should it aim to last?
  3. When should it take place?
  4. Will the adult need a break?
  5. What preparation needs to be undertaken with the adult?
  6. Who is the best person to have the conversation?
  7. Does the adult want anyone with them?

Note: If an independent advocate has been appointed (or an appropriate other person identified) they must be a present to ensure the adult is effectively supported.

After the conversation

The adult should be told what is likely to happen next, and when they can expect to be contacted again.

3. Conversations with the Adult (Criminal Investigations)

The police are responsible for ensuring the adult has the support that they need, or are entitled to, at all stages of the criminal justice process.

This includes the support of an Appropriate Adult if questioned under the Police and Criminal Evidence Act 1984 (PACE).

4. Reducing Risk

The safeguarding adult's process should consider what support and actions can be provided to reduce the risk of future incidents of harm.

For example:

  1. Training for staff supporting the adult;
  2. Behaviour management;
  3. Reassessment of needs;
  4. Changes to routines of either adult;
  5. Changes to staffing ratios or patterns;
  6. Support for the adult causing harm to learn about appropriate behaviour;
  7. Support for the adult causing harm to develop effective communication.