A:

Abuse

Violation of an individual’s human or civil rights. Any or all types of abuse may be perpetrated as the result of deliberate intent, negligence or ignorance. Different types of abuse include: physical abuse, neglect/acts of omission, financial/material abuse, psychological abuse, sexual abuse, institutional abuse, discriminatory abuse, hate crime, mate crime, or any combination of these. Abuse can be perpetrated by one or more people (either known or not known to the victim) or can take the form of institutional abuse within an organisation, it can be a single or repeated act.

Acceptable Behaviour Contract

An Acceptable Behaviour Contract (also known as an ABC or Acceptable Behaviour Agreement) is an intervention designed to engage an individual in acknowledging his or her anti-social behaviour and its effect on others, with the aim of stopping that behaviour.

It is a written agreement made between a person who has been involved in anti-social behaviour and their local authority, Youth Inclusion Support Panel (YISP), landlord or the police. ABCs are not set out in law, which is why they are usually called agreements. Any agency is able to use and adapt the model.

Achieving Best Evidence

Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures is Government guidance which describes good practice in relation to the interviewing of and giving evidence by vulnerable witnesses (children and vulnerable adult witnesses).

Although issued in relation to the conduct of investigations of criminal offences, the principles may be applied to any investigation involving vulnerable witnesses.

Acute Care

Hospital-based or emergency health services; sometime referred to as secondary care. Acute relates to the care being short-term.

Acute Services

Medical and surgical treatment provided in hospitals

Adult at Risk (Care Act 2014 definition)

An adult who may be vulnerable to abuse or maltreatment is deemed to be someone aged 18 or over, who is in an area and:

  1. Has needs for care and support (whether or not the authority is meeting any of those needs)
  2. Is experiencing, or is at risk of, abuse or neglect
  3. As a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it

Abuse is defined widely and includes domestic and financial abuse. The other crucial difference from the previous definition is that the duties apply regardless of whether the adult lacks mental capacity.

The Care Act (2014) states; safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to present and stop both the risks and experience of abuse and neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometime have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Adult Protection Plan

A document produced under the Adult Protection Procedure following a Case Conference to outline how any remaining risks will be managed and to allocate responsibility for any actions. The procedure for this will normally be covered as part of the inter-agency safeguarding adults procedures of the Local Safeguarding Adults Board.

Adult Protection

A term used to describe all work involved to protect Vulnerable Adults from Neglect, potential harm or Abuse. Many local authorities have replaced this term with the term Safeguarding Adults.

Adult Social Care

The Law Commission defines adult social care as the care and support provided by local social services authorities pursuant to their responsibilities towards adults who need extra support. They made it clear that social work is a community care service in its own right and that it is distinct from assessing and arranging services.

Advance Decision to Refuse Treatment

A legally-binding decision to refuse future treatment, including life-sustaining treatment.

Such decisions must comply with the Mental Capacity Act 2005 and its Code of Practice. They can be made by a person of 18 years or above who has Capacity at the time the decision is made, and must specify the treatment to be refused, and the circumstances in which it is refused. The decision to refuse treatment relates to a time in the future when the person making the decision no longer has Capacity.

Such a decision can be withdrawn or altered at any time while the person still has Capacity.

Advance Decisions to Refuse Treatment that meet all of the requirements of the Mental Capacity Act are legally binding on health and social care professionals. This makes Advance Decisions to Refuse Treatment quite distinct from other aspects of advance care planning

Prior to the commencement of the Mental Capacity Act 2005, these were sometimes referred to as ‘advance directives’.

A person may make both an Advance Decision to Refuse Treatment, and a more general Advance Statement.

Advance Statement

Whilst an Advance Decision to Refuse Treatment is very specific, an Advance Statement is more general and can be used to allow a person to state in advance their wishes relating to more general aspects of their care, should they lose Capacity to decide for themselves in the future.

For example, specifying food preferences or religious and other beliefs. Unlike Advance Decisions to Refuse Treatment, Advance Statements are not legally binding.

Advocate

A person appointed to speak on behalf of another person and/or to support them, for example when using a complaints procedure or attending a meeting about the person, e.g. an assessment.

Adults may wish to appoint an advocate to support them when attending meetings to discuss their care needs.  In certain circumstances, an Independent Mental Capacity Advocate may be appointed for them.

Age Assessment

In relation to an Asylum Seeker, this is undertaken to determine an applicant’s age or a dependent’s age and their eligibility for support under the Children Act 1989

Age Discrimination

A form of Discriminatory Abuse where individuals are discriminated against or treated unfairly on the basis of their age.

Alert

An alert is identified as an expression of concern, suspicion or allegation that an adult at risk of abuse and/or neglect or is experiencing abuse and/or neglect

Alerter

An alerter is the person who raises the concern.

Anyone can be an alerter. Anyone may see abuse or neglect happening; anyone can be told about or suspect that it may be happening. Alerters can be health or social care workers; volunteers; residential or nursing home staff; police officers; council staff’ community workers; taxi drivers; members of the public; or a family member or friend of the adult at risk (this list is not exhaustive). The responsibility of the alerter is to pass their concern to their line manger or senior in charge (if they are a member of staff or volunteer) or to the Council’s Safeguarding Adults Team (if they are a member of the public, friend or family member) as soon as possible.

Anti-Social Behaviour Injunctions

Injunctions can be granted under Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 against a person aged 10 or over to prevent them engaging in anti-social behaviour. The injunction is a civil order.  It may include provisions requiring the person to do specified things, and/or prohibiting them from doing specified things.

These injunctions replace the previous Anti-Social Behaviour Orders (ASBOs) under section 1 Crime and Disorder Act 1998

Anti-Social Behaviour Order (ASBO)

Anti-Social Behaviour Orders (ASBOs) were introduced by the Crime and Disorder Act 1998, as a way of tackling persistent anti-social behaviour, such as graffiti, abusive and intimidating language, excessive noise, fouling the street with litter, drunken behaviour in the streets, dealing drugs. They were replaced by Anti-Social Behaviour Injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014.

Appeal Rights Exhausted (ARX)

This is a term used when a claim for asylum has been denied and all appeals have also been refused.

Appointee

Someone appointed by the Department for Work and Pensions to claim and collect benefits and pension on behalf of a person who cannot manage their own affairs. This could be because they are mentally incapable or are severely disabled.

An appointee takes on the full responsibility for making and maintaining any claim and managing the spending of the benefit. This means that they:

  • Sign the claim form instead of the person claiming benefits;
  • Are responsible for telling the benefit office of any changes which may affect the amount of benefit the person getting benefit gets;
  • Have to claim any benefits to which the person may be entitled;
  • Must spend the benefit in the best interests of the person concerned – although paid to the appointee, the benefit is not theirs to spend on themselves;
  • Can be responsible for any overpayments, if they knowingly provide wrong information.

 

Assessment

Assessments are undertaken of the needs of individuals to determine what services to provide and action to take. They may be carried out:

  • To gather important information about an individual and their family;
  • To analyse their needs and/or the nature and level of any risk and harm being suffered by the individual;
  • To decide whether they are an adult at risk; and
  • To provide support to address those needs to improve the individual’s outcomes to make them safe

Appropriate Adult

Young people under the age of 17 and adults who are considered to be mentally vulnerable must have an ‘Appropriate Adult’ with them when they are interviewed by the police. An Appropriate Adult can be a family member, friend or often a volunteer or social/health care professional.

Approved Mental Health Professional (AMHP)

Mental health professionals with additional training and qualifications to exercise functions under the Mental Health Act 1983 (as amended). Their functions can include helping to assess whether a person needs to be compulsorily detained in hospital without their consent (‘sectioned’) as part of their treatment.

Prior to the implementation of the Mental Health Act 2007, they were known as ‘Approved Social Workers’. They are no longer required to be social workers, and the role can now be undertaken by other professionals such as community psychiatric nurses, occupational therapists or psychologists (although the vast majority of AMHPs remain social workers).

Assertive Outreach

An approach to working with people who do not engage effectively with traditional services. For example, Health and Social Care staff working with individuals in their own environment (at home or in another familiar environment such as the street) rather than at office or hospital appointments.

Assessment

Assessments are undertaken of the needs of individuals to determine what services to provide and action to take. They may be carried out:

  • To gather important information about an individual and their family;
  • To analyse their needs and/or the nature and level of any risk and harm being suffered by the individual;
  • To decide whether they are an Adult at Risk; and
  • To provide support to address those needs to improve the individual’s outcomes to make them safe.

Assistive Technology

An umbrella term for devices helping people to maintain their independence, for example, using equipment and adaptations in their homes. Assistive technology includes innovations to assist with communication, equipment for people with a hearing disability, access for people with a visual disability, computer access for people with a learning disability and supporting people with dementia. Telecare and Telemedicine are examples of Assistive Technology which enables individuals to be treated outside of hospital settings and supports them to live independently.

Asylum Casework Information Database (ACID)

This is the database that the Home Office uses to log cases of Asylum Seekers.

Asylum Seeker

Someone who has fled persecution and made a formal application for asylum within the UK and whose claim is being processed.

Attorney

Someone appointed under either a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) who has the legal right to make decisions within the scope of their authority on behalf of the person (donor) who made the Power of Attorney.

 

B

Best Interests

Principle four, of the five principles specified in the Mental Capacity Act 2005, states:

An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

The principle covers all aspects of financial, personal welfare and healthcare decision-making and actions. It applies to anyone making decisions or acting under the provisions of the Mental Capacity Act 2005. This includes family carers, care workers, health and social care staff, attorneys appointed under a Lasting Power of Attorney or Enduring Power of Attorney, and deputies appointed by the Court of Protection.

Section 4 of the Act sets out how to determine the Best Interests of a person who lacks Capacity, to make a decision at the time it needs to be made.

Broker/Brokerage

A broker is an individual or organisation that can help a person with their support needs. Brokerage can be done by the local authority, voluntary organisations, private companies or an individual. A professional broker is someone a person can pay to do this for them.

 

C

Caldicott Guardian

Identified person – within NHS and local authorities with social care responsibilities – who has the responsibility for the procedures governing access to, and the use of, person-identifiable information within the organisation, and the transfer of such information to other bodies.

Caldicott Principles

A review was commissioned in 1997 by the Chief Medical Officer of England “owing to increasing concern about the ways in which patient information is being used in the NHS in England and Wales and the need to ensure that confidentiality is not undermined. Such concern was largely due to the development of information technology in the service, and its capacity to disseminate information about patients rapidly and extensively”.

A committee was established under the chairmanship of Dame Fiona Caldicott, Principal of Somerville College, Oxford, and previously President of the Royal College of Psychiatrists. Its findings were published in December 1997. The report highlighted six key principles, listed below:

  1. Justify the purpose(s)
    Every proposed use or transfer of patient identifiable information within or from an organisation should be clearly defined and scrutinised, with continuing uses regularly reviewed, by an appropriate guardian.
  2. Don’t use patient identifiable information unless it is absolutely necessary
    Patient identifiable information items should not be included unless it is essential for the specified purpose(s) of that flow. The need for patients to be identified should be considered at each stage of satisfying the purpose(s).
  3. Use the minimum necessary patient-identifiable information
    Where use of patient identifiable information is considered to be essential, the inclusion of each individual item of information should be considered and justified so that the minimum amount of identifiable information is transferred or accessible as is necessary for a given function to be carried out.
  4. Access to patient identifiable information should be on a strict need-to-know basis
    Only those individuals who need access to patient identifiable information should have access to it, and they should only have access to the information items that they need to see. This may mean introducing access controls or splitting information flows where one information flow is used for several purposes.
  5. Everyone with access to patient identifiable information should be aware of their responsibilities
    Action should be taken to ensure that those handling patient identifiable information – both clinical and non-clinical staff – are made fully aware of their responsibilities and obligations to respect patient confidentiality.
  6. Understand and comply with the law
    Every use of patient identifiable information must be lawful. Someone in each organisation handling patient information should be responsible for ensuring that the organisation complies with legal requirements.

Capacity

The voluntary and continuing permission of a person over 16 to agree to a course of action or inaction based on adequate knowledge of the purpose, nature, likely effects and risks of the proposed action/inaction including the likelihood of its success and any alterations to it.

Individuals will be assumed to have the Capacity to make informed decisions, unless there is clear evidence to the contrary.

Under the Mental Capacity Act 2005, a person is unable to make a decision if s/he is unable:

  • To understand the information relevant to the decision;
  • To retain that information;
  • To use or weigh that information as part of the process of making the decision; or
  • To communicate his/her decision.

In cases where there is evidence that a person lacks Capacity to make specific decisions, where appropriate, provision may be made to find a suitable independent person to represent their ‘best interest’, for example an Independent Mental Capacity Advocate (IMCA).

Care Coordination

The equivalent of Care Management in mental health services, for adults with severe mental health needs.

Care Management

The processes undertaken when adult care needs are assessed and appropriate services are provided. Care Management includes: making available information about possible help; determining the level of assessment to be undertaken once a person has been referred; assessing their needs; developing a Care Plan and a Care Package to meet their needs; implementing the Care Plan, and monitoring and reviewing the Care Plan.

Care Plan

In relation to adults this is:

A plan of treatment or actions agreed with a service user following an assessment of need by a health or social care agency.

Care Package

Services designed to meet an individual’s assessed needs as part of the Care Plan arising from their Assessment. This may consist of one or more services, which may be residential and / or community based. It may also be known as a Package of Care.

Care Quality Commission (CQC)

The Care Quality Commission (CQC) is the independent regulator of health and social care in England. They regulate care provided by the NHS, local authorities, private companies and voluntary organisations. They aim to make sure better care is provided for everyone – in hospitals, care homes and people’s own homes. They also seek to protect the interests of people whose rights are restricted under the Mental Health Act.

See the Care Quality Commission website.

Carer

A carer is someone who provides, or intends to provide, regular and substantial care to an adult or child who needs support because of disability, illness or frailty due to their age. The person may be employed or paid by an agency or organisation or be a friend or relative looking after someone on an unpaid or informal basis.

Care Programme Approach

The Care Programme Approach (‘CPA’) was introduced in England in the joint Health and Social Services Circular HC(90)23/LASSL(90)11. It requires health authorities, in collaboration with social services departments, to put in place specific arrangements for the care and treatment of people with mental ill health in the community.

It is a national system which sets out how ‘secondary mental health services’ should help people with mental illnesses and complex needs. Secondary mental health services include Community Mental Health Teams/Recovery Teams, Assertive Outreach Teams and Early Intervention Teams. It is a means of coordinating mental health care needs for those meeting the eligibility criteria.

A CPA care coordinator (usually a nurse, social worker or occupational therapist) should be appointed to co-ordinate the assessment and planning process. The care coordinator should make sure that the Care Plan is reviewed regularly.

Case Conference (Safeguarding)

A multi-agency meeting held to discuss the outcome of a safeguarding adults investigation and to put in place a protection/safeguarding or safety plan.

Chronology

Chronologies can be used in different ways. Many professionals, such as social workers, are required to maintain a Chronology for individuals on their caseload, to record all significant events and changes in the life of the person.

Also, as part of the process for Safeguarding Adult Reviews, agencies can draw up Chronologies relating to their involvement with the adult. These Chronologies are then brought together as an Overview Integrated Chronology, which can be used as an analytical tool to help understand the impact of events and changes on the adult in question.

Clare’s Law

See Domestic Violence Disclosure Scheme

Clinical Commissioning Groups (CCGs)

Clinical Commissioning Groups (CCGs) were created following the Health and Social Care Act in 2012, and replaced primary care trusts on 1 April 2013. They were clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area. As of 1 April 2021, following a series of mergers, there were 106 CCGs in England. However, they were dissolved in July 2022 and their duties taken on by the new integrated care systems (ICSs)

See also Integrated Care System (ICS), Integrated Care Board (ICB)

Commissioning – Individual

See individual commissioning

Commissioning – Outcome base

See outcome-based commissioning

Commissioning – Strategic

See strategic commissioning

Community Care Assessment

A Community care Assessment is the generic term for comprehensive and specialist assessments for adults

Community Health Services

Health Services such as district nursing, which are provided by NHS staff working in the community

Community Mental Health nurses

A registered nurse with specialist training in mental health. They visit people with mental health issues usually living in the community to attempt to ensure that they are coping and to give medication as prescribed.

Also known as community psychiatric nurses

Community Mental Health Teams (CMHTs)

Multi-disciplinary teams made up of psychiatrists, social workers, community mental health nurses, psychologists and therapists. Provides assessment, treatment and care in the community, rather than in hospitals, for people with severe and/or long-term mental health problems.

Community Psychiatric Nurses

See community mental health nurses

Community Treatment Order

See supervised community treatment

Consent

Clear, voluntary and continuing permission of the person to the intervention based on adequate knowledge and information of the purpose, nature, likely effects and risks of that intervention, including the likelihood of its success and any other options and their consequences.  Consent can be given orally or in writing.

Continuing care/Healthcare

NHS continuing healthcare is free care outside of hospital that is arranged and funded by the NHS. It is only available for people who need ongoing healthcare and meet the eligibility criteria described below. NHS continuing healthcare is sometimes called fully funded NHS care.

NHS continuing healthcare can be provided in any setting, including a care home, hospice or the home of the person concerned. If someone in a care home gets NHS continuing healthcare, it will cover their care home fees, including the cost of accommodation, personal care and healthcare costs.

If NHS continuing healthcare is provided in the home of the person concerned, it will cover personal care and healthcare costs.

To be eligible for NHS continuing healthcare, the person concerned must be assessed as having a “primary health need” and have a complex medical condition and substantial and ongoing care needs.

Controlled Activity

This concept was introduced by the Safeguarding Vulnerable Groups Act 2006 as part of the Vetting and Barring Scheme, along with the concept of ‘Regulated Activity’.

However, this part of the 2006 Act has never come into force as, prior to its full implementation, there was a Government Review, resulting in a scaled-back Vetting and Barring Scheme (as set out in the Protection of Freedoms Act 2012.)  In the revised Scheme, the scope of ‘Regulated Activity’ was reduced, and the concept of Controlled Activity was abolished.

Controlled Activity would have covered support work (paid or voluntary) in settings such as health, education or social care when the activity was ‘frequent’ (once a month or more) or ‘intensive'(three or more days in a 30-dayperiod).This would have covered, for example, receptionists, car park attendants, catering staff, caretakers, records clerks, cleaners and administrative staff working in such settings or having access to personal records such as health or social care records.

See also the definition of Regulated Activity.

Court Appointed Deputy

Someone appointed by the Court of Protection with ongoing legal authority as described by the Court to make decisions on behalf of a person who lacks capacity to make particular decisions as set out in section 16(2) of the Mental Capacity Act 2005.

 

Court of Protection

The specialist Court for all issues relating to people who lack capacity to make specific decisions. The Court of Protection is established under section 45 of the Mental Capacity Act 2005 (MCA).

Criminal Records Bureau

With effect from 1st December 2012, the Criminal Records Bureau and the Independent Safeguarding Authority merged to form a new body – the Disclosure and Barring Service.

See also Disclosure & Barring Service (DBS).

Cyberbullying

Cyberbullying is when a person is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another person by way of the Internet, interactive and digital technologies, mobile phones or email. Cyberbullying can be a form of Emotional Abuse.

 

D

DASH

DASH (Domestic Abuse, Stalking and Harassment and Honour-Based Violence) Risk Identification Checklist (RIC) is a tool used to help front-line practitioners identify high risk cases of Domestic Violence and Abuse, stalking and honour-based violence that can assist in deciding which cases should be referred to MARAC and what other support might be required.

Decision-Maker (under the Mental Capacity Act 2005)

Under the Mental Capacity Act 2005 (MCA) many different people may be required to make decisions or act on behalf of someone who lacks capacity to make decisions for themselves. The person making the decision is referred to throughout the Code as the “decision-maker”, and it is the decision-maker’s responsibility to work out what would be in the best interests of the person who lacks capacity.

Dementia

A syndrome (a group of related symptoms) associated with an ongoing decline of the brain and its abilities, which diminish the ability to do everyday tasks. Symptoms include loss of memory, difficulty in understanding people and finding the right words, difficulty in completing simple tasks and solving minor problems, mood changes and emotional upsets.

Deportation Order

When an asylum claim and subsequent appeal is refused, a Deportation Order will be issued. Anyone subject to a Deportation Order is required to leave the UK, and can be detained until they are removed. It also prohibits them from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the UK granted before the Order was made or while it is in force.

Deprivation of Liberty Safeguards (DoLS)

The Mental Capacity Act Deprivation of Liberty Safeguards (DOLS) were created as an amendment to the Mental Capacity Act 2005 (introduced by the Mental Health Act 2007) to provide a legal process to authorise the deprivation of liberty of a person in a hospital or care home who lacks Capacity to consent.

Dignity in Care

Launched in November 2006, the Dignity in Care Campaign aims to stimulate a national debate around dignity in care and create a care system where there is zero tolerance of abuse and disrespect of adults. It is led by government in partnership with many organisations that provide and commission care and protect the interests of those using care services and their carers.

The campaign has over 40,000 registered Dignity Champions (individuals and care organisations), including councillors, staff at all levels in NHS and social care, volunteers, service users, their carers and members of the public.

Direct Payments

Direct Payments are cash payments made in lieu of social care service provisions, to individuals who have been assessed as needing services. They can be made to disabled people aged 16 or over, to people with parental responsibility for disabled children, and to carers aged 16 or over in respect of carer services.

Disbenefitted Case

This is where an application by an asylum seeker has been refused and the Benefits Agency cuts off support.

Disclosure and Barring Service

The Disclosure and Barring Service was established by the Protection of Freedoms Act 2012, which made various changes to the Vetting and Barring Scheme. With effect from 1st December 2012, the Criminal Records Bureau and the Independent Safeguarding authority merged to become one body – the Disclosure and Barring Service.  This body carried out the previous functions of both organisations, such as conducting criminal record checks to enable an assessment to be made on the suitability of a person to care for or work with children/vulnerable adults (previously carried out by the Criminal Records Bureau) and maintaining the Barred List of individuals barred from working with children and/or vulnerable adults (previously held by the Independent Safeguarding Authority). These Barred Lists replaced the former list 99 and PoCA List (Protection of Children Act 1999).

Under the Vetting and Barring scheme, any person barred from working with children or vulnerable adults is breaking the law if they work or volunteer or try to work or volunteer with those groups. An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law. If an organisation works with children or vulnerable adults and dismisses a member of staff or volunteer because they have harmed a child or vulnerable adult or would have done so if they had not left, the employer must inform the Disclosure Barring Service.

See also:

Disclosure and Barring Service website

Discretionary Leave to Remain

This is a limited permission granted to an Asylum Seeker, to stay in the UK for 3 years – it can then be extended or permission can then be sought to settle permanently.

Discriminatory Abuse

Discriminatory abuse links into all other forms of abuse.

Discriminatory abuse exists when values, beliefs or culture result in a misuse of power that denies mainstream opportunities to some groups or individuals.

It is the exploitation of a person’s vulnerability, resulting in repeated or pervasive treatment of an individual, which excludes them from opportunities in society, for example, education, health, justice, civic status and protection.

It includes discrimination on the basis of race, gender, age, sexuality, disability or religion.

Dispersal Scheme

This is a system whereby Asylum Seekers are housed outside London and the South East of England and are offered accommodation on a no-choice basis in other areas of the country where there is a supply of empty properties.

Domestic Homicide Review

Multi-agency Domestic Homicide Reviews were established on a statutory basis under section 9 of the Domestic Violence, Crime and Victims Act 2004 which came into force on 13th April 2011. A Domestic Homicide Review is a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by:

  1. A person to whom s/he was related or with whom s/he was or had been in an intimate personal relationship, or
  2. A member of the same household as him/herself

The Domestic Homicide Review is held with a view to identifying the lessons to be learnt from the death.

See also: Domestic Homicide Reviews: Statutory Guidance

Domestic Violence and Abuse

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:

  • Psychological;
  • Physical;
  • Sexual;
  • Financial;

Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

This definition includes ‘honour’ based violence, Female Genital Mutilation and Forced Marriage, and is clear that victims are not confined to one gender or ethnic group.

Domestic Violence Disclosure Scheme

The Domestic Violence Disclosure Scheme (also known as ‘Clare’s Law’) commenced on 8 March 2014, across England and Wales.

Right to ask:

Under the scheme an individual can ask police to check whether a new or existing partner has a violent past. This is the ‘right to ask’.  If records show that an individual may be at risk of Domestic Violence and Abuse from a partner, the police will consider disclosing the information. A disclosure can be made if it is legal, proportionate and necessary to do so.

Right to know:

This enables an agency to apply for a disclosure if the agency believes that an individual is at risk of Domestic Violence and Abuse from their partner. Again, the police can release information if it is lawful, necessary and proportionate to do so.

See also: Domestic abuse: how to get help

Domestic Violence Protection Orders

Domestic Violence Protection Orders (DVPOs) are implemented across England and Wales from 8 March 2014.

They provide protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident.

With DVPOs, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.

Before the scheme, there was a gap in protection, because police couldn’t charge the perpetrator for lack of evidence and so provide protection to a victim through bail conditions, and because the process of granting injunctions took time.

Domicile

A person is domiciled in a country in which he/she has or is deemed to have a permanent home. Everyone must have a domicile. A person receives a domicile of origin at birth but may acquire a new domicile by the fact of residing in a different country with the intention of remaining there indefinitely. It is not sufficient to intend to reside in a country for a fixed period of time or until some clearly foreseen and reasonably anticipated event happens.

Donor

A person who makes a lasting power of attorney or enduring power of attorney.

Duty of Care

A legal obligation on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

In relation to workers in the social care sector, their duty of care is defined by the Social Care Institute for Excellence (SCIE) as a legal obligation to:

  • Always act in the best interest of individuals and others;
  • Not act or fail to act in a way that results in harm;
  • Act within your competence and not take on anything you do not believe you can safely do.

 

E

Emotional Abuse

Emotional abuse involves the persistent emotional maltreatment of a person such as to cause severe and persistent adverse effects on their emotional development (child) and their mental health and wellbeing.

It may involve conveying to the person that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the person opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate.  For children, it may feature age or developmentally inappropriate expectations being imposed on them.

It may involve preventing the person participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including Cyberbullying) causing the person frequently to feel frightened or in danger, or the exploitation or corruption of the person.

Some level of emotional abuse is involved in all types of maltreatment of a child or adult, though it may occur alone.

Enablement

Methods used by health and social care workers to support the people they work with and encourage them to be as independent as possible.

Enduring Power of Attorney (EPA)

A Power of Attorney created under the Enduring Powers of Attorney Act 1985 appointing an attorney to deal with the donor’s property and financial affairs. Existing EPAs will continue to operate under Schedule 4 of the MCA, which replaces the EPA Act 1985.

Equality Duty

The Equality Duty is a duty on public bodies and others carrying out public functions. It ensures that public bodies consider the needs.

 

 

F

Failed Asylum Claim

This is where a claim for asylum has been refused on the grounds that the Home Office does not feel it is justified.

Failed to Travel

This is when an asylum seeker is being returned to his or her country of origin or dispersed outside London and they fail to travel after the travel arrangements have been made by the UK.

Female Genital Mutilation (FGM)

A collective term (also known as genital cutting and female circumcision) for all procedures that involve partial or total removal of the external female genitalia or other injury to the female genital organs for cultural or non-medical reasons.

Female Genital Mutilation is a criminal offence in the United Kingdom. It is also a criminal offence for UK nationals or permanent UK residents to carry out Female Genital Mutilation abroad, or to aid, abet, counsel or procure the carrying out of Female Genital Mutilation abroad, even in countries where the practice is legal.

See also: Female Genital Mutilation Protection Order (FGMPO)

FGM Protection Order (FGMPO)

A Female Genital Mutilation Protection Order (FGMPO) is a civil law remedy under section 5A of the Female Genital Mutilation Act 2003 which offers a means of protection to girls and women who are victims, or may be at risk, of Female Genital Mutilation. The rules covering the court process on FGM Protection Orders are contained in Part 11 of the Family Procedure Rules 2010. They can be applied for in the same way as a Forced Marriage Protection Order.

Applications for an FGM Order can be made by:

  • the girl or women to be protected (in person or with legal representation);
  • a Relevant Third Party (currently, only local authorities have been classified as relevant third parties);
  • any other person with the permission of the court (for example, this could be the police, a voluntary sector support service, a healthcare professional, a teacher, a friend or family member).

If the court makes an order, it can impose prohibitions, requirements and restrictions, the aim of which are to protect the girl or woman at risk. The court must consider all the circumstances including the need to secure the health, safety, and well-being of the girl so the details can be quite specific and creative in order to achieve this.

Breach of an FGMPO would be a criminal offence with a maximum penalty of five years’ imprisonment, or as a civil breach punishable by up to two years’ imprisonment.

Financial Abuse

The unauthorised and improper use of funds, property or any resources belonging to an individual.

Those who financially abuse may be people who hold a position of trust, power, authority or have the confidence of the individual concerned.

Local Authorities should have in place Appointee and Receivership Teams who may act as Corporate Appointee and/or Corporate Reviewer, where a person needs someone to manage their financial affairs and is not able to undertake this themselves. Solicitors may also be appointed to provide this service.

Forced Marriage

A marriage in which one or both spouses do not (or in the case of some adults with learning or physical disabilities or children, cannot) consent to the marriage and duress is involved. Duress can include physical, psychological, financial, sexual and emotional pressure.

 

A Forced Marriage is different from an arranged marriage, which is a marriage entered into freely by both parties, although their families take a leading role in the choice of partner.

 

The Anti-social Behaviour, Crime and Policing Act 2014 made it a criminal offence (which can result in a sentence of up to 7 years in prison) to force someone to marry This includes:

 

  • Taking someone overseas to force them to marry (whether or not the forced marriage takes place);
  • Marrying someone who lacks the mental Capacity to consent to the marriage (whether they’re pressured to or not).

 

The civil remedy of obtaining a Forced Marriage Protection Order through the family courts continues to exist alongside the criminal offence, so victims can choose how they wish to be assisted.

Breaching a Forced Marriage Protection Order is also a criminal offence, which can result in a sentence of up to 5 years in prison.

 

Forced Marriage Protection Order

The Forced Marriage (Civil Protection) Act 2007 was implemented on 25 November 2008, enabling a court to make a Forced Marriage Protection Order to protect someone who is facing being forced into a marriage or who is in a forced marriage. A forced marriage is a marriage that takes place without the full and free consent of both parties.

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court.

Local authorities can seek a protection order for vulnerable adults and children without leave of the court.

Examples of the terms the court might order are:

  • To prevent a forced marriage from occurring;
  • To hand over passport or travel documents;
  • To stop intimidation or violence;
  • To reveal the whereabouts of a person;
  • To stop someone from being taken abroad.

The court can attach a power of arrest to the order where violence or a threat of violence has been found. Breach of a Forced Marriage Protection Order is contempt of court and is punishable with up to two years imprisonment.

With effect from 16 June 2014, under the Anti-social Behaviour, Crime and Policing Act 2014, breaching a Forced Marriage Protection Order is also a criminal offence which can result in a sentence of up to 5 years in prison.

See also: Apply for a forced marriage protection order

 

G

General Social Care Council

The General Social Care Council was, until 31 July 2012, the workforce regulator and guardian of standards for the social care workforce in England. The Council was established in October 2001 under the Care Standards Act 2000. It was responsible for the codes of practice, Social Care Register and social work education and training.

As of 1 August 2012, the regulation of the social work profession and education (and several other professions) was transferred to the Health and Care Professions Council.

See also: Health and Care Professions Council

Genogram

A genogram is a pictorial display of a patient’s family relationships and medical history. It goes beyond a traditional family tree by allowing the user to visualize hereditary patterns and psychological factors that punctuate relationships. It can be used to identify repetitive patterns of behaviour and to recognize hereditary tendencies.

Gross Individual Budget

See indicative budget.

Guardianship Order

The purpose of a guardianship order is to enable patients to receive care in the community where it cannot be provided without the use of compulsory powers. Section 7 of the Mental Health Act 2003 allows for guardianship powers to be exercised by a local authority on the recommendation of two doctors and an application by an approved mental health professional or nearest relative.

 

H

Habitual Residence

Whether a person is habitually resident in the place where they live will depend on the circumstances of the particular case – it is the quality of the residence rather than the length of time (there is no requisite period before acquiring habitual residence) that determines whether some-one is habitually resident in a place. It requires an element of intention to settle, for example by bringing possessions to the place of residence, seeking to make local connections, bringing family members and other such factors. It is possible to have habitual residence in two countries at the same time.

Harm

See also significant harm

In relation to adults this is:

Harm is to be taken to include not only ill treatment (including sexual abuse and forms of ill treatment which are not physical) but also the impairment of or an avoidable deterioration in physical or mental health and the impairment of physical, intellectual, emotional, social or behavioural development.

Hate Crime

Any crimes that are targeted at a person because of hostility or prejudice towards that person’s

  • Disability;
  • Race or ethnicity;
  • Religion or belief;
  • Sexual orientation;
  • Transgender identity.

This can be committed against a person or property.

A victim does not have to be a member of the group at which the hostility is targeted.

Health and Care Professions Council

From 1 August 2012, the Health Professions Council became known as the Health and Care Professions Council and took on the regulatory function of several professions, including social workers in England (previously regulated by the General Social Care Council.

It sets standards of proficiency for social workers (and other professionals), as well as standards for their conduct, performance, ethics and continuing professional development.

The Council maintains a Register of health and care professionals who meet these Standards.  All standards need to be met in order to stay on the Register to practise social work.

Members of the professions regulated by the Council have a professional title that is protected by law. This means, for example, that anyone using the title ‘social worker’  must be registered with the Council.

It is a criminal offence for someone to claim that they are registered with the Council when they are not, or to use a protected title that they are not entitled to use.

See also: Health and Care Professions Council

Health and Safety Executive

The Health and Safety Commission is responsible for health and safety regulation in Great Britain. The Health and Safety Executive and local government are the enforcing authorities who work in support of the Commission. The Health and Safety Executive can be contacted on 0845 345 0055.

To report an Incident, go to the HSE website and follow links for reporting Incidents.

See also: HSE

Health and Wellbeing Boards

With effect from 1 April 2013, the Health and Social Care Act 2012 established Health and Wellbeing Boards. Each top tier and unitary authority will have its own Health and Wellbeing Board.

Boards bring together Clinical Commissioning Groups and councils to develop a shared understanding of the health and wellbeing needs of the community.

They undertake the Joint Strategic Needs Assessment (JSNA) and then develop a joint health and wellbeing strategy for addressing those needs. This will include recommendations for joint commissioning and integrating services across health and care.

Membership includes a minimum of one local elected representative; a representative of the local Healthwatch organisation; a representative of each local Clinical Commissioning Group; the local authority director for adult social services; the local authority director for children’s services; the director of public health for the local authority.

Local boards will be free to expand their membership to include a wide range of perspectives and expertise, such as representatives from the charity or voluntary sectors.

All boards will be expected to ensure that the needs of local people as a whole are taken into account.

See also: Department of Health’s guide on Health and wellbeing boards

HMCS

Her Majesty’s Court Service.

Honour Based Violence

Honour based violence is a collection of practices, which are used to control behaviour and exert power within families to protect perceived cultural and religious beliefs and/or honour. Such violence can occur when perpetrators perceive that an individual has shamed the family and/or community by breaking their honour code. The individual is being punished for actually, or allegedly, undermining what the family or community believes to be the correct code of behaviour.

So-called ‘honour based violence’ is a fundamental abuse of Human Rights. There is no honour in the commission of murder, kidnap and the many other acts, behaviour and conduct which make up violence in the name of honour.

Human Trafficking

The Council of Europe Convention on Action against Trafficking in Human Beings defines human trafficking as:

‘The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’

Human trafficking is essentially the recruitment, movement or receipt of a person by deception or coercion into a situation of exploitation, this may include:

  • Prostitution (or other forms of sexual exploitation);
  • Forced labour;
  • Slavery;
  • Servitude; or
  • The removal of organs.

 

I

(ICT) Abuse

ICT Abuse involves risks to personal safety and wellbeing via the use of fixed and mobile devices such as PCs, laptops and mobile phones. See also cyberbullying.

Ill Treatment (under the Mental Health Act)

Section 44 of the Mental Capacity Act 2005 (MCA) introduces a new offence of ill treatment of a person who lacks capacity by someone who is caring for them or acting as a Court Appointed Deputy or Attorney for them. That person can be guilty of ill treatment if they have deliberately ill-treated a person who lacks capacity or been reckless as to whether they were ill-treating the person or not. It does not matter whether the behaviour was likely.

Indefinite Leave to Remain (ILR)

When an asylum seeker is granted ILR they have permission to settle in the UK permanently and can access mainstream services and benefits.

Independent Mental Capacity Advocate (IMCA)

Under the Mental Capacity Act 2005, where a person over 16 does not have the capacity to make a decision, an Independent Mental Capacity Advocate (IMCA) must be appointed to assist in determining his or her best interests, including making decisions about where they live and about serious medical treatment options.

See also: Mental Capacity Act 2005 Code of Practice

Independent Safeguarding Authority

On the 1st December 2012, the functions of the Independent Safeguarding Authority and the Criminal Records Bureau were transferred to the Disclosure and Barring Service.

See also: Disclosure and Barring Service (DBS)

Independent Sector

Includes both private and voluntary social care providers, who may be contracted to provide services on behalf of statutory agencies.

Independent User Trust

(Also known as User-controlled Trusts)

A formal legal arrangement whereby a group of trustees manage funds on behalf of a person who does not have the Capacity or ability to manage their own financial arrangements. They can be set up to help manage Direct Payments, but they can also manage other money, including social security benefits.

Trustees can be carers, family members, friends, neighbours or professionals. There must be a minimum of two trustees.

The trustees have a duty to act in the best interests of the person for whom the trust is set up. They must not make a personal profit from the trust, and they have to be careful that their duties under the trust don’t conflict with their own interests.

A written constitution sets out the responsibilities of the trustees. The contents will depend on the individual circumstances, but may make provision for matters such as who will be responsible for paying and supervising personal assistants or paid carers, how often the trustees will meet to review arrangements, and resignation and appointment of trustees.

Indicative Allowance

The Indicative Allowance is also known as the Gross Individual Budget and is the maximum amount of funding made available to meet an individual’s social care support needs. It is worked out through the Resource Allocation System.

Indicative Budget

An indicative budget gives a rough estimate of how much a personal budget will be.

Indirect Payments

Similar to Direct Payments but instead of being paid to the individual who needs the service, payments are made to a nominated individual or into a trust. The trustees or nominated people then pay for services on the individual’s behalf.

Individual Budget

An Individual Budget is money given to people for them to buy in the services or equipment they need to meet their assessed care needs. Individual Budgets differ from Personal Budgets in that they pool funding resources from a variety of places, making the system easier to navigate. An Individual Budget can include a Personal Budget from a local authority as well as money from other sources such as the Independent Living Fund (ILF) or Supporting People funding.

Individual Commissioning

Individual commissioning involves buying services to produce an individually tailored package of support. Individual commissioning links to Personal Budgets and Individual Service Funds and aims to ensure that services meet an individual’s assessed needs and produce the best outcomes.

Individual Service Fund

An Individual Service Fund is an Individual Budget that a service provider manages on behalf of a service user. Payments are made with the understanding that the service provider can deliver what is needed and it meets the criteria set out in the service user’s care/support plan.

Informed Consent

Consent to treatment or care where a person has been given enough objective, evidence-based information to be able to make their own decision, and the person has the mental Capacity to make that decision.

Institutional Abuse

Institutional abuse is abuse which arises from an unsatisfactory regime. It occurs when the routines, systems and norms of an institution override the needs of those it is there to support. Such regimes compel individuals to sacrifice their own preferred life style and cultural diversity in favour of the interests of those there to support them, and others. This can be the product of both ineffectual and punitive management styles, creating a climate within which abuse, intentional or otherwise, can be perpetrated by individual staff and others. Managers and staff have a responsibility to ensure that the operation of the service is focussed on the needs of service users, not on those of the institution. Managers will ensure they have mechanisms in place that both maintain and review the appropriateness, quality and impact of the service for which they are responsible. These mechanisms will always take into account the views of service users, their carers and relatives.

 

Integrated Care Board (ICB)

Clinical commissioning groups (CCGs) were clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area. From 1 July 2022 CCG functions were subsumed into integrated care systems (ICSs), with CCGs ceasing to exist as statutory organisations.

Each ICS is made up of an integrated care board (ICB) and an integrated care partnership. The ICB is responsible for planning NHS services, including ambulances, primary care, mental healthcare, hospital (acute), community and specialist care. They have both a chief executive and chair, and they are accountable to NHS England for NHS spending and performance within their boundaries.

See also: Integrated Care Partnership and Integrated Care System

 

Integrated Care Partnership (ICP)

Clinical commissioning groups (CCGs) were clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area. From 1 July 2022 CCG functions were subsumed into integrated care systems (ICSs), with CCGs ceasing to exist as statutory organisations.

Each ICS is made up of an integrated care board (ICB) and an integrated care partnership. The ICP covers public health, social care and wider issues impacting the health and wellbeing of their local populations. It operates as a statutory committee between the ICB and each of the local authorities in the ICS geography, as well as voluntary, community and social enterprise (VCSE) organisations, care providers and other key partners. Exact membership is determined locally.

 

Integrated Care System (ICS)

Clinical commissioning groups (CCGs) were clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area. From 1 July 2022 CCG functions were subsumed into integrated care systems (ICSs), with CCGs ceasing to exist as statutory organisations.

Integrated Care Systems (ICSs) are partnerships that bring together the health and care organisations in a particular local area, serving anywhere between 600,000 and million people, to work together more closely and provide joined-up care. The 42 integrated care systems replace the now dissolved 106 NHS Clinical Commissioning Groups (CCGs) that came before them and lead on funding and planning healthcare services in their local areas. All ICSs have been established with four strategic purposes:

  1. Improving population health and healthcare
  2. Tackling unequal outcomes and access
  3. Enhancing productivity and value for money
  4. Helping the NHS to support broader social and economic development

Each ICS is made up of an integrated care board (ICB) and an integrated care partnership.

Intermediary

An intermediary may be used to help a vulnerable witness (a child or a vulnerable adult witness) give their evidence either in a police interview or in court. Their role is to assist communication and understanding, for example by explaining the questions put to and the answers given by witnesses who are unable to detect and cope with misunderstanding, or to clearly express their answers to questions.

 

J

Joint Strategic Needs Assessment

Since 2008, local authorities have been required to undertake Joint Strategic Needs Assessments for their local area. Until 1 April 2013, this was done in collaboration with the local Primary Care Trust. From 1 April 2013, local authorities and Clinical Commissioning Groups will be required to prepare the Joint Strategic Needs Assessment)(JSNA) through the local Health and Wellbeing Board, undertaking a comprehensive analysis of the current and future needs and assets of their area. In the context of the JSNA an asset could be anything that can be used to improve outcomes and impact on the wider determinants of health. This could be facilities such as a One Stop Shop, or green spaces; but also local businesses, local providers with a specific expertise, or capacity within the local community, such as lunch clubs for isolated older people. This includes needs and assets relevant to health, social care and public health across the full lifecourse, covering children, young people and adults; and involves an analysis of the wider determinants of health.

Based on the JSNA, the members of the Health and Wellbeing Board will then develop a joint health and wellbeing strategy for their area, to plan the delivery of integrated local services based upon those needs and assets, and collectively addressing the underlying determinants of health and wellbeing.

 

K

Keyworker

In relation to adults this is:

A person responsible for working closely with people who use services to ensure the coordination of their care/support plan and act as the main contact for everyone involved.

 

L

Lasting Power of Attorney (LPA)

A Power of Attorney created under the Mental Capacity Act 2005 (MCA) (see Section 9(1)) appointing an attorney (or attorneys) to make decision about the donor’s personal welfare (including healthcare) and/or deal with the donor’s property and affairs.

Learning Disability

A significant impairment of intelligence or social functioning acquired before adulthood. Educational services in the UK use the term ‘learning difficulty’ and those children with moderate or severe learning difficulty may be regarded as having a Learning Disability.

Local Safeguarding Adults Board (LSAB)

A multi-agency forum which has responsibility for providing strategic leadership in preventing, detecting and protecting adults who are at risk from abusive behaviour and practice in all its forms. It is made up of a number of senior representatives from key agencies that have responsibilities for protecting Adults at Risk/Vulnerable Adults.

The Care Act (2014) requires that:

  • Each local authority must establish a Local Safeguarding Adults Board for its area;
  • The objective of a Local Safeguarding Adults Board for is to help and protect adults in its area;
  • The way in which a Local Safeguarding Adults Board must seek to achieve its objective is by co-ordinating and ensuring the effectiveness of what each of its members does; and
  • A Local Safeguarding Adults Board may do anything which appears to it to be necessary or desirable for the purpose of achieving its objective.

Local Safeguarding Children Partnership (LSCP)

The Local Safeguarding Children Partnership is the successor to the Local Safeguarding Children Board (LSCB). The Partnership is made up of representatives from a range of public agencies with a common interest and with duties and responsibilities to children in their area. It has responsibility for ensuring effective inter-agency working together to safeguard and protect children in the area. The Partnership has to ensure that clear local procedures are in place to inform and assist anyone interested or as part of their professional role where they have concerns about a child.

 

M

Managed Budget

When a local authority looks after a person’s Personal Budget, it is called a Managed Budget. The person will know how much it is and what it is being spent on, but they don’t receive any actual monies.

Mixed Household

In relation to asylum seekers, this is where part of the household is receiving mainstream benefits and the rest are receiving support through the National Referral Mechanism (NRM).

Multi-Agency Public Protection Arrangements (MAPPA)

Multi Agency Public Protection Arrangements (MAPPA) provides a national framework in England & Wales for the assessment and management of risks posed by serious and violent offenders and other individuals who are considered to pose a risk or potential harm to children. The arrangements are made in accordance with statutory requirements on the police and probation services to make these arrangements and the statutory requirements imposed on other agencies to cooperate.

See also: HM Prison and Probation Service

Multi-Agency Risk Assessment Conference (MARAC)

This forum to assess and manage the risk of adult perpetrators of domestic abuse.

 

N

National Institute for Health and Care Excellence (NICE)

The National Institute for Health and Care Excellence (NICE) is an independent organisation that provides national guidance and standards on the promotion of good health and the prevention and treatment of ill health. This role was set out in a 2004 white paper: ‘Choosing health: making healthier choices easier’, and is intended to help people to make well-informed choices about their health.

NICE guidance is produced by healthcare professionals, NHS staff, patients and carers, members of the academic world and other members of the wider healthcare and public health community.

See also: National Institute for Health and Care Excellence (NICE)

Choosing Health: Making healthier choices easier

National Referral Mechanism

The National Referral Mechanism (NRM) is a framework for identifying victims of human trafficking and ensuring they receive the appropriate protection and support. The NRM is also used by the United Kingdom’s National Crime Agency Modern Slavery Human Trafficking Unit to collect data about victims. This information contributes to building a clearer picture about the scope of human trafficking in the UK.

Potential victims of trafficking must first be referred to one of the UK’s two competent authorities in order to be referred to the NRM. This initial contact and referral will usually be dealt with by an authorised agency (known as first responders) including the police, Local Authority Social Care Services or certain Non-Governmental Organisations (NGOs).

See also: National Crime Agency

 

Nearest Relative

The Mental Health Act 1983 defines a list of certain people who can be treated as the ‘nearest relative’ of an individual. A ‘nearest relative’ has a number of important powers and functions, including the right to discharge an individual who has been formally detained in hospital, make an application for a person to be admitted for assessment, treatment or guardianship and also to object to applications for treatment or guardianship being made by a social worker.

Needs Assessment

A process by which health and social care professionals assess and then make conclusions on risks and needs of Adults at Risk. The assessment sets out what is necessary for an individual to maintain their life at a certain standard.

Neglect

In relation to adults this is:

The repeated deprivation of assistance that the person needs for important activities of daily living, including a failure to intervene in behaviour which is dangerous to them or to others, or poor manual handling techniques.

Under the Mental Capacity Act 2005, wilful neglect and ill-treatment of a person lacking Capacity becomes a criminal offence.

Self-neglect on the part of an adult will not usually lead to the initiation of Safeguarding Adults Procedures unless the situation involves a significant act of commission or omission by someone else with established responsibility for an adult’s care. Other assessment and review procedures, including risk assessment procedures, may prove a more appropriate intervention in situations of self-neglect.

Nearest Kin

The term next of kin is widely used, but there is no statutory definition. In practice the general rule has been to recognise spouses and blood relatives as next of kin.

 

O

Office of the Public Guardian

The Public Guardian is an officer under Section 57 of the Mental Capacity Act.  The Public Guardian will be supported by the Office of the Public Guardian, which will supervise Court Appointed Deputies, keep a register of Court Appointed Deputies, Lasting Powers of Attorney and Enduring Powers of Attorney, check on what Attorneys are doing, and investigate any complaints about Attorneys or Deputies.

The Office of the Public Guardian replaces the Public Guardianship Office (PGO) that has been in existence for many years.

The Organisation’s Safeguarding Lead

The organisation’s safeguarding lead is responsible for the management and oversight of individual complex cases and coordination where allegations are made or concerns raised about a person, whether an employee, volunteer or student, paid or unpaid. The organisation’s safeguarding lead should keep in regular contact with their counterparts in partner organisations. They should also have a role in highlighting the extent to which their own organisation prevents abuse and neglect taking place. They should also monitor the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

The organisation’s safeguarding lead is a representative in an agency who is a key contact and support for the Local Authority. This could be to assist in directing enquiries and actions to the most appropriate person and to take forward issues in their own agency where there has been a need for the local authority to escalate an issue to them.

Outcome-based Commissioning

Commissioning services that are defined by, and paid for, on the basis of a set of agreed outcomes that will achieve better health and well-being outcomes and reduce inequalities. Commissioning focuses on results and whether adults have achieved the goals and outcomes they wanted to.

 

P

Package of Care

See care package.

Person-Centred Planning

For adults with Learning Disabilities, person centred planning is a process for continual listening and learning, focussing on what is important to someone now and in the future, and acting upon this in alliance with their family and friends.

Personal Assistant

A person employed to help an adult with their daily social care in a way that is right for them. Using their Personal Budgets, a person can employ a Personal Assistant to provide support such as: cooking, cleaning, help with personal care like washing and using the toilet, driving or help with getting around, medical tasks, shopping, banking or paying bills.

Personal Budget

A Personal Budget is money which is allocated to someone by a local authority to pay for their assessed support or care needs. Personal Budgets are similar to Individual Budgets, but they are made up solely of local authority social care funding. People can take their Personal Budget as a direct payment (choosing themselves how their care needs are met and by whom), leave councils with the responsibility to commission the services, or elect to have some combination of the two.

Personal Care

Regulated Activity under the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012 includes the provision of Personal Care.

Personal Care in Relation to Adults at Risk of abuse and neglect:

  • Physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with eating or drinking (including the administration of parenteral nutrition); toileting including in relation to the process of menstruation); washing bathing or dressing; oral care, or the care of skin, hair or nails; or any form of training, instruction, advice or guidance relating to the performance of such activities;
  • The prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the above activities where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision.

Personalisation

Personalisation is a social care approach which places the service user at the centre of the process and gives them choice and control in relation to the care they receive. It is often associated with Direct Payments and Personal Budgets, where service users can choose the services they receive, but it also should ensure that services fit the needs of each individual.

Physical Abuse

In relation to adults this is:

The non-accidental infliction of physical force that results in bodily injury, pain or impairment. Examples of such behaviour include: hitting, pushing, slapping, scalding, shaking, kicking, pinching, hair-pulling, the inappropriate application of techniques or treatments, involuntary isolation or confinement, misuse of medication. N.B. inadvertent physical abuse may also arise from poor practice, e.g. poor manual handling techniques.

Potentially Dangerous Person

A person who is not eligible for management under MAPPA but whose behaviour gives reasonable grounds for believing that there is a present likelihood of them committing an offence or offences that will cause serious harm.

A ‘present likelihood’ reflects imminence and that the potential event is more likely than not to happen.

‘Serious harm’ is a risk which is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible.

The category and definition derives from ACPO Guidance. There is no legislation that recognises the existence of Potentially Dangerous Persons and unlike offenders who fall within MAPPA there is no statutory multi-agency framework which governs the management of Potentially Dangerous Persons.

See also: Introduction to managing sexual offenders and violent offenders

Prevent

Prevent is part of the Government’s counter-terrorism strategy CONTEST. Its aim is to stop people becoming terrorists or supporting terrorism. Prevent addresses all forms of terrorism but continues to prioritise according to the threat they pose to the country’s national security. Prevent involves the identification and referral of those susceptible to violent extremism into appropriate interventions. These interventions aim to divert the susceptible and vulnerable from embarking down the path to radicalisation.

See also: Prevent duty guidance

Primary Care

Services provided by family doctors, dentists, pharmacists, optometrists and ophthalmic medical practitioners, together with district nurses and health visitors.

Psychological Abuse

The use of threats, humiliation, bullying, swearing and other verbal conduct, or any other form of mental cruelty, that results in mental or physical distress. It includes the denial of basic human and civil rights, such as choice, self-expression, privacy and dignity.

 

R

 

Radicalisation

Radicalisation is defined as the process by which people come to support terrorism and extremism and, in some cases, to then participate in terrorist groups.

The Counter-Terrorism and Security Act 2015 places a duty on specified authorities and childcare, education and other children’s services providers … to have due regard to the need to prevent people from being drawn into terrorism (“the Prevent duty”). … The Counter-Terrorism and Security Act 2015 also places a duty on local authorities to ensure Channel panels are in place. Panels assess the extent to which identified individuals are vulnerable to being drawn into terrorism. Schools and colleges are listed in the Act as partners of the panel.

See also: Prevent Duty Guidance: for England and Scotland and Wales

Channel Duty Guidance: Protection vulnerable people from being draw into terrorism

Raising a Concern

The term raising a concern relates to the process for submitting a concern relating to harm, significant harm, abuse and/or neglect.  a concern being raised will come to the Safeguarding Adults Team on a Safeguarding Adults Concern (SAC) Form on the Safeguarding Portal which should be completed with as much detail as possible.

Rapid Response Service

A specific service designed to respond rapidly to prevent hospital admission or to facilitate early discharge.

Reablement

The active process of regaining skills, confidence and independence for vulnerable adults.

Referral

In relation to adults this is:

A formal request for an assessment of an adult’s needs.

Regulated Activity

‘Regulated Activity’ is work which involves close and unsupervised contact with vulnerable groups (covers children and adults), and which cannot be undertaken by a person who is on the Disclosure and Barring Service’s Barred List.

The concept was introduced by the Safeguarding Vulnerable Groups Act 2006 as part of the Vetting and Barring Scheme. Following a Government Review, which resulted in a scaled-back Vetting and Barring Scheme (as set out in the Protection of Freedoms Act 2012), the definition of ‘Regulated Activity’ has been narrowed so as to reduce the type and number of activities falling within it. It is now designed to cover those activities which provide the highest levels of risk arising from the nature of the post and access to vulnerable people.

Regulated activity relating to adults:

There are six categories of people who will fall within the new definition of Regulated Activity (including anyone who provides day to day management or supervision of those people):

  1. Providing health care;
  2. Providing personal care (e.g. providing/training/instructing/or offering advice or guidance on physical assistance with eating or drinking, going to the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails because of an adult’s age, illness or disability; or prompting and supervising an adult to undertake such activities where necessary because of their age, illness or disability);
  • Providing social work;
  1. Providing assistance with cash, bills and/or shopping;
  2. Providing assistance in the conduct of a person’s own affairs, e.g. by virtue of an enduring power of attorney;
  3. Conveying- transporting an adult because of their age, illness or disability either to or from their place of residence and a place where they have received, or will be receiving, health care, personal care or social care; or between places where they have received or will be receiving health care, personal care or social care. This will not include family and friends or taxi drivers.

There is a duty on a ‘regulated activity provider’ to ascertain whether a person is barred before permitting that person to engage in Regulated Activity.

It is a criminal offence for a barred individual to take part in Regulated Activity, or for an employer/voluntary organisation knowingly to employ a barred person in a Regulated Activity role.

Regulated Activity is included within the Disclosure and Barring Service definition of Work with Children.

See also: Disclosure and Barring Service

Responsible Person

The person who receives the concern from the alerter is called the responsible person. It is the role of the responsible person to receive and review the information provided, and any action taken, including any immediate safeguarding measures. Once concerns have been reported to the responsible person by the alerter, it is important that the alerter is reassured that their concerns have been taken seriously and acted upon accordingly. The alerter should be given feedback as to how the concerns are being dealt with. They can expect to know if a safeguarding enquiry is the result but no necessarily to receive detailed feedback. It may be that this is dependent on the views of the adult at risk concerned and the responsibility of professionals, linked to data protection and sensitive information.

If the matter is life-threatening or criminal activity contact the police on 999.

If the matter is urgent but is not a police matter and it is out-of-hours, contact Adult Services.

The responsible person should in the first instance seek support in raising a concern and what to include in it from their line manager or the organisation’s safeguarding lead within their own agency. If advice is still required after doing this, it can be sought by contacting the Council’s Safeguarding Adults Team to discuss further.

Where the individual is, or has been, considered to be an immediate risk of abuse and/or neglect a safeguarding action plan must be in place to safeguard the person(s). Based upon the information gathered, the responsible person will apply the safeguarding adults threshold guidance. This will support decision making regarding which level of harm is the most appropriate given the facts and circumstances presented, enabling action to be taken accordingly, including any further action required to safeguard the adult at risk. The responsible person will need to use the safeguarding adults threshold guidance tool to differentiate between those situations which require instigation of the safeguarding procedures and those which are low level, tier one incidents for which other processes may be more appropriate. If the responsible person does not hold any level of authority in as agency or organisations and they need to defer to the organisation’s safeguarding lead, then this will be clear in their organisation’s Individual Agency Guidance (IAG) document, or safeguarding procedures. The responsible person will act in accordance with their own Individual Agency Guidance.

All concerns will need to be reported on a safeguarding adults concern (SAC) form (via the Safeguarding Portal) to the safeguarding adults team and the assessed threshold indicating the level of harm must be clear. The responsible person, in consultation with any persons more senior, knowledgeable or with a defined organisation’s safeguarding lead role, as identified in the Individual Agency Guidance, will involve an independent advocate to support them through the process, or whether in line with the Mental Capacity Act an Independent Mental Capacity Advocate (IMCA) would be more appropriate. The responsible person may also be the person who attends and contributes to strategy meetings on behalf of a person or agency, or supports an adult through the process or makes arrangements for such, This person will always need to be at an appropriate level to enable them to fully contribute, make decisions and take forward any actions, including where appropriate the need to investigate, report back and monitor. The appropriateness of this will be determined by individual agencies in line with any internal procedures and Individual Agency guidance, which should clearly identify roles and levels of responsibility. The responsible person will, where appropriate, consult with the organisation’s safeguarding lead in their agency to ensure this is managed in line with Individual Agency Guidance. Where further specialist advice is required this can be sourced via the Council’s Safeguarding Adults Team.

Responsible persons can be care managers, managers or team managers of services or agencies, supervisors, or others as identified through Individual Agency guidance within the organisation’s safeguarding adults procedures.

Resource Allocation System (RAS)

The system a local authority uses to decide how much money adults get for their support. The system has clear, public rules so everyone can see that money is given out fairly. It is based on a set of questions and enables a local authority to work out what a person’s Indicative Budget will be, based on what support they need. It relies on a scoring system based on answers given to a series of questions and then places people within a series of funding bands.

Restraint

Restraint is one of four categories of Physical Intervention that may be used in exceptional circumstances to prevent likely injury to a child/adult or others or to prevent likely damage to property. Restraint is defined as the positive application of force with the intention of overpowering a child/adult. Practically, this means any measure or technique designed to completely restrict a child/adult’s mobility or prevent a child from leaving.

Review

Re-assessment of an adult service-user’s needs and issues, and consideration of the extent to which services are to meet the stated objectives, achieve the desired outcomes and respond to changes in circumstances and service criteria.

Risk of Sexual Harm Order

Risk of Sexual Harm Orders were introduced by the Sexual Offences Act 2003 as a civil preventative order designed to prohibit adults from engaging in inappropriate behaviour such as sexual conversations with children on-line.

Under the Anti-Social Behaviour, Crime and Policing Act 2014, they are replaced by Sexual Risk Orders.

 

S

Safeguarding Adults

A term used to describe all work involved to protect Vulnerable Adults from Neglect, potential harm or Abuse. Some local authorities may still use the term Adult Protection.

Safeguarding Adults Lead (in an organisation)

The Organisation’s Safeguarding Adults Lead is responsible for the management and oversight of individual complex cases and coordination where allegations are made or concerns raised about a person, whether an employee, volunteer or student, paid or unpaid. Organisation’s Safeguarding Adults Leads should keep in regular contact with their counterparts in partner organisations. They should also have a role in highlighting the extent to which their own organisation prevents abuse and neglect taking place. They should also provide advice and guidance within their organisation, liaising with other agencies as necessary. They also monitor the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

The Organisation’s Safeguarding Adults Lead is a representative in an agency who is a key contact and support for the Local Authority. This could be to assist in directing enquiries and actions to the most appropriate person and to take forward issues in their own agency where there has been a need for the Local Authority to escalate an issue to them.

Safeguarding Adults Process

The decisions and subsequent actions taken on receipt of a safeguarding Referral. This process can include a Strategy Discussion, a Strategy Meeting, an investigation, a Case Conference, a care/protection/safety plan and monitoring and review arrangements.

 

Safeguarding Adult Review (SAR)

A Safeguarding Adult Review (SAR) is a process that is defined in the Care Act (2014).  It is a process for all partner agencies to identify the lessons that can be learned from particularly complex or serious Safeguarding Adults case, where an Adult at Risk (Vulnerable Adult) has died or been seriously injured and abuse or Neglect has been suspected. The Safeguarding Adult Review panel that is convened for each SAR recommends changes to improve practice and services in the light of these lessons. The aim of the process is to learn lessons and make improvements, rather than blaming individual people or organisations. It relies on a spirit of openness to learning, about what went well, as well as what could be improved.

In accordance with the Care Act (2014), a Safeguarding Adults Board (SAB) must arrange a SAR when an adult in its area dies as a result of abuse or neglect (including self-neglect and self-abuse), whether known or suspected, and there is concern that partner agencies could have worked more effectively to protect the adult.

SAB’s must also arrange a SAR if an adult in its area has not died, but the SAB knows or suspects that the adult has experienced serious abuse or neglect.

Safeguarding Concern

Raising a safeguarding concern means reporting your suspicions or allegations of abuse or neglect into safeguarding adults procedures.

Safeguarding Manager

The Safeguarding manager is the designated person(s) within the Council’s Safeguarding Adults Team who coordinates the safeguarding process. Following the application of the safeguarding adults threshold guidance by an agency’s responsible person, in line with responsibilities identified in their own Individual Agency Guidance; a concern indicating the level of risk will be received into the Council. The safeguarding manager will review all available information including the assessed level of risk on the safeguarding adult concern (SAC) form. This and the safeguarding adults threshold guidance will inform the decision as to how to proceed. The safeguarding manager will request involvement from and consult with partner agencies and any support services as appropriate to circumstances.

Safeguarding Plan

A Safeguarding Plan details agreed actions to safeguard the individual, identify people responsible for carrying out the actions, timescales, monitoring and review arrangements.

Safeguarding Thresholds

The level of concern required to initiate a safeguarding referral.

Secondary Care

Hospital care resulting from a referral by a health professional in primary care.

Section 2 Notification

A Section 2 Notification is a request by hospital ward staff for an assessment of a patient (over 18) where it appears that he or she may need social care services when discharged from hospital.

Section 5 Notification

A Section 5 Notification is notification by hospital ward staff that a patient (over 18) who will require social care support services is medically ready for discharge from hospital.

Self-Directed Care/Support

The term used for when people choose their services, organise their care and arrange for payments to be made. This is because the individual who requires the service is directing their own care and has choice when it comes to their support.

Self-Funding

When an individual has sufficient funds and is able to make arrangements for and pay privately for their care services.

Self-Neglect

See also Neglect Any failure of an adult to take care of him/herself which causes, or is reasonably likely to cause within a short period of time, serious physical, mental or emotional harm or substantial damage to or loss of assets.

Self-neglect can happen as a result of an individual’s choice of lifestyle, or the person may

  • Be depressed;
  • Have poor health;
  • Have cognitive (memory or decision making) problems; or
  • Be physically unable to care for him/herself.

Service User Plan

This term is used in the provision of residential services to adults. A plan developed by a care/nursing home with the service user describing the services and facilities to be provided by the home and how these services will meet assessed needs and achieve personal goals.

Sexual Abuse

Sexual abuse involves forcing or enticing a person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the person is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving the person in looking at, or in the production of, sexual images, watching sexual activities, encouraging the person to behave in sexually inappropriate ways, or grooming the person in preparation for abuse (including via the Internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can children.

In relation to adults:

Direct or indirect involvement in sexual activity without valid consent. Consent to a particular activity may not be given because:

  • A person has Capacity and does not want to give it;
  • A person lacks Capacity and is therefore unable to give it;
  • A person feels coerced into activity because the other person is in a position of trust, power or authority.

Sexual Exploitation

Someone taking advantage of a person sexually, for their own benefit. Through threats, bribes, violence, humiliation, or by telling the person that they love them, they will have the power to get them to do sexual things for their own, or other people’s benefit or enjoyment (including: touching or kissing private parts, sex, taking sexual photos).

Sexual Harm Prevention Orders

Sexual Harm Prevention Orders and Sexual Risk Orders were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. They replace the previous Sexual Offences Prevention Orders, Risk of Sexual Harm Orders and Foreign Travel Orders which were introduced by the Sexual Offences Act 2003.

Sexual Harm Prevention Orders can be applied to anyone convicted or cautioned of a sexual or violent offence, including where offences are committed overseas.

The court needs to be satisfied that the order is necessary for protecting the public, or any particular members of the public, from sexual harm, or protecting children from sexual harm from the defendant outside the United Kingdom.

The Orders prohibit the defendant from doing anything described in the order and can include a prohibition on foreign travel (replacing Foreign Travel Orders which were introduced by the Sexual Offences Act 2003).

A prohibition contained in a Sexual Harm Prevention Order has effect for a fixed period, specified in the order, of at least 5 years, or until further order. The Order may specify different periods for different prohibitions.

Failure to comply with a requirement imposed under an Order is an offence punishable by a fine and/or imprisonment.

Sexual Risk Order

Sexual Harm Prevention Orders and Sexual Risk Orders were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. They replace the previous Sexual Offences Prevention Orders, Risk of Sexual Harm Orders and Foreign Travel Orders which were introduced by the Sexual Offences Act 2003.

Sexual Risk Orders can be made where a person has done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for such an order to be made, even if they have never been convicted. They replace the previous Risk of Sexual Harm Orders.

The court needs to be satisfied that the order is necessary for protecting the public, or any particular members of the public, from sexual harm from the defendant; or protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

The Orders prohibit the defendant from doing anything described in the order and can include a prohibition on foreign travel (replacing Foreign Travel Orders which were introduced by the Sexual Offences Act 2003).

A prohibition contained in a Sexual Risk Order has effect for a fixed period, specified in the order, of not less than 2 years, or until further order. The Order may specify different periods for different prohibitions.

Failure to comply with a requirement imposed under an Order is an offence punishable by a fine and/or imprisonment.

Significant Harm

In relation to adults this is:

A key concept in adult safeguarding work is ‘Significant Harm’.

The impact of harm upon a person will be individual and depend upon each person’s circumstances and the severity, degree and impact or affect of this upon that person.

The concept of Significant Harm is therefore relative to each individual concerned.

Single Assessment

In relation to adults this is:

The process whereby the needs of an individual are identified alongside their impact on independence, daily functioning and quality of life so that appropriate care, health or other services can be planned. Where services might be required by more than one agency, multi-agency assessments may be undertaken.

Strategic Commissioning

A cyclical process of identifying and meeting the needs of whole groups of service users and/or whole populations. It involves a strategic approach to analysing needs, aligning resources to meet needs and developing policy directions, service models and the market to meet needs in the most appropriate and cost effective way.

Strategy Discussion

In relation to adults this is:

A multi-agency discussion between relevant agencies involved with an Adult at Risk as part of the safeguarding process, to agree how to proceed with a safeguarding referral. It can be face-to-face, by telephone or by email.

Strategy Discussion Meeting

In relation to adults this is:

A multi-agency safeguarding discussion/meeting with the relevant individuals from key agencies involved, and with the Adult at Risk where appropriate, to agree how to proceed with a safeguarding referral.

Strategy Meeting

In relation to adults this is:

A multi-agency safeguarding meeting with the relevant individuals from key agencies involved, and with the Adult at Risk where appropriate, to agree how to proceed with a safeguarding referral.

Subs only

This means the asylum seeker is receiving only subsistence payments and no rent payments.

Suitable Person

A person who manages Direct Payments on behalf of an Adult who does not have mental Capacity. A Suitable Person may be:

  • A carer, relative or friend;
  • Appointed by the Court of Protection;
  • Someone appointed under a Lasting Power of Attorney, who has health, welfare or finance decision-making powers;
  • An independent support broker.

Supervised Community Treatment

The Mental Health Act 2007 provides for Supervised Community Treatment – to replace the After Care Under Supervision provisions of the Mental Health Act 1983. The new sections provide for a Community Treatment Order to be imposed in certain circumstances and introduce the definition of ‘community patient’ as someone who is the subject of a Community Treatment Order.

See also: MIND

Support Plan

A Support Plan says how people will spend their budget to get the quality of life they want. People who use services can get help to make a Support Plan – perhaps from family and friends, or from a social worker. A person’s local authority must agree the budget to get the quality of life they want. People who use services can get help to make a Support Plan before they get their support money.  Support brokers provide help to people looking for care services. They are at the behest of the service user and provide the technical assistance to put the support package in place. Often they will work independently from the local authority and will mediate between their client and the authority. Support brokers can be anyone from close friends and family to members of a local charity or voluntary organisation.

Supported Housing

Catch all term for accommodation for vulnerable people with care needs. Examples include sheltered housing for older people, homeless hostels and accommodation for people with learning difficulties.

 

 

T

Telecare

A combination of equipment, monitoring and response that can help individuals to remain independent at home. It can include basic community alarm services able to respond in an emergency and provide regular contact by telephone as well as detectors which detect factors such as falls, fire or gas and trigger a warning to a response centre. Telecare can work in a preventative or monitoring mode, for example, through monitoring signs, which can provide early warning of deterioration, prompting a response from family or professionals.

Telemedicine

The practice of medical care using interactive audio visual and data communications, this includes the delivery of medical care, diagnosis, consultation and treatment, as well as health education and transfer of medical information.

Third Sector

See voluntary sector

Trafficking

The United Nations (UN) defines Trafficking in people as: the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, or abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments of benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. The recruitment, transportation, transfer, harbouring or receipt of a child or adult for the purpose of exploitation shall be considered ‘trafficking in persons’ even if this does not involve any of the means as set out above.

Transitional Care

Refers to temporary care provided to an individual who is not able to be placed in their home or the permanent setting of their choice but who still requires a supportive, and appropriately staffed, environment to live in. It can be used, for example, while someone is awaiting major adaptations to their own home.

 

U

User-controlled Trust

See independent user trust.

 

V

Veto

Adopted adults may register a formal veto with the appropriate adoption agency stating their wish not to be approached by an intermediary agency on behalf of a birth relative who is seeking contact. The veto may be absolute – i.e. that an intermediary may not make an approach under any circumstances – or qualified i.e. that the subject only wishes an approach to be made by specified people or in specified circumstances.

A formal veto is not a lifelong veto but will remain in place until the adopted person chooses to amend or withdraw it.

 

Vetting and Barring Scheme

The Vetting and Barring Scheme (VBS) was created in response to recommendations in the Bichard Inquiry arising from the Soham murders.  It was formally launched in October 2009.  Prior to 1st December 2012, it was administered by the Independent Safeguarding Authority. Since that date, it has been administered by the Disclosure and Barring Service. The Disclosure and Barring Service holds two Barred Lists (separate lists for Children and Vulnerable Adults) which replace List 99 and the PoCA/PoVA Lists. Under the VBS, any person barred from working with children or Vulnerable Adults is breaking the law if they work or volunteer or try to work or volunteer with those groups. An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law. If an organisation works with children or Vulnerable Adults and dismisses a member of staff or volunteer because they have harmed a child or Vulnerable Adult or would have done so if they had not left, the employer must inform the Disclosure and Barring Service.

Violent Offender Order

Under Sections 98-117 of the Criminal Justice and Immigration Act 2008 (which came into force on 3 August 2009) such an order can contain such prohibitions, restrictions or conditions as the court considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender. The prohibitions, restrictions or conditions may prevent the offender:

 

  • From going to any specified place or premises, either at all or between specified times;
  • From attending any specified event;
  • From having any, or any specified description of, contact with any specified person.

 

The order can be for between 2 and 5 years’ duration.

 

A qualifying offender is a person who is:

  • Over 18; who has been convicted (including in countries outside England and Wales) of a specified offence (manslaughter; soliciting murder; wounding with intent to cause grievous bodily harm); attempting/conspiring to commit murder; malicious wounding) in respect of which a custodial sentence of at least 12 months was imposed, or a hospital order (with or without restriction) was made; or who has been found not guilty of such an offence by reason of insanity, and the court made a hospital order or a supervision order.

Voluntary Sector

The sphere of social activity undertaken by organisations that are not for profit and non-governmental. Defined by the Cabinet Office as ‘voluntary and community groups, social enterprises, charities, cooperatives and mutuals’.

Also known as the Third Sector.

Vulnerability

The risk that a young person or adult might be harmed in some way, either through their own behaviour or because of the actions or omissions of others.

Vulnerable Adult

See Adult definition in the Care Act 2014

 

W

Whistleblowing

Whistleblowing (sometimes referred to as Confidential Reporting) is the term used for policies/procedures for the reporting of concerns about colleagues or managers.

Willful Neglect (under the Mental Health Act)

Section 44 of the Mental Capacity Act 2005 (MCA) introduced a new offence of wilful neglect of a person who lacks capacity by someone who is caring for them or acting as a Court Appointed Deputy or Attorney for them. That person can be guilty of wilful neglect if they have deliberately neglected a person who lacks capacity or been reckless as to whether they were neglecting the person or not. It does not matter whether the behaviour was likely to cause, or actually caused harm or damage to the victim’s health.

Wilful neglect will require a serious departure from the required standards of treatment and usually requires that a person has deliberately failed to carry out an act that they were aware they were under a duty to perform.