Appendix Six: ADASS Yorkshire and Humber Involving People in SARs Protocol
A Safeguarding Adult Review (SAR) looks at how local organisations worked together to support the adult at risk at the centre of the review. Safeguarding Adults Boards will carry out a SAR whenever an adult at risk has been seriously harmed or died in circumstances where abuse or neglect is suspected or confirmed and there are concerns that agencies did not work effectively.
In relation to consent, the Care and Support Statutory Guidance states that “informed consent should be obtained but, if this is not possible and other adults are at risk of abuse or neglect, it may be necessary to override the requirement”. The Statutory Guidance further states that “where an adult has refused to consent to information being disclosed for these purposes, then practitioners must consider whether there is an overriding public interest that would justify information sharing (for example, because there is a risk that others are at risk of serious harm) and wherever possible the Caldicott Guardian should be involved”.
The following sets out a set of principles based on good practice regionally and nationally that Safeguarding Adult Boards should consider when involving families as part of the SAR process. They should be read in conjunction with the SCIE SAR Quality Markers Checklist (available at https://www.scie.org.uk/safeguarding/adults/reviews/library/apply). Each case will be unique, and it is therefore important that careful consideration is given to the best way of notifying and involving the adult, family and friends.
Considerations
• Safeguarding Adult Boards must have an agreed and documented process for identifying, considering and making decisions on undertaking a Safeguarding Adults Review.
• As part of this process clear consideration should be made at the outset on the potential involvement of families and the Board should be notified of this and clarify how they are to be involved.
• The involvement should be clearly documented in the Terms of Reference for the SAR.
• If a decision is taken to not involve the adult at risk and/or their families, the reasons should be informed by legal advice and clearly documented.
Notification – It will be a very sensitive time for everyone, and consideration should be given at an early stage of the following:
• How the notification will be made.
• The ongoing identified support to those involved (how and who will provide it)
• How they will want to be involved
• The purpose, process and parameters of the SAR been communicated in the most appropriate setting or method to ensure that these can be understood and convey respect to those involved
• Informing the adult or family/friends about how the process works and what role they will have in shaping this.
• Early notification needs to take place with the adult at risk, family/friends to agree how they wish to be involved and how they should be supported. Where appropriate, as a Care Act 2014 requirement, an independent advocate to represent and support the adult through a SAR.
• The timing of such notifications is crucial particularly where there are ongoing police investigations – this decision should be considered by the Board with the police representative present.
• Involving the adult, family and friends can range from formal notification only, to inviting them to share their views with the Independent Author in writing or through interview.
• Be clear to the adult, family and friends who is likely to be involved in the whole process.
• Appoint a key contact, separate from the report author, for the adult, family and friends.
• Provide notification in a way that is appropriate to the individual case i.e. face to face or by letter. (See example letter)
• This should be accompanied by a plain English explanatory leaflet (see example below) that sets out the following:
a) A description of the Board and its arrangements
b) What is a Safeguarding Adults Review
c) Why you are carrying out a Safeguarding Adults Review
d) Who will carry out the review or how it will be completed if an independent author is not appointed
e) What to expect during the review – what will they have to do
f) What will happen after the report is finished
g) How long the review will take
• The Board must put in place sufficient assurances that there is appropriate involvement in the review process of people affected by the case including where possible the person subject to abuse and their families/significant others.
• Updates must be given at key stages of the review and before the publication of the report. An appropriate person who is connected to the Board and the review must fulfil this role. It is advisable that this person becomes the key contact for the adult, family and friends for any questions and clarification during the process.
• Provide the adult, family and friends with contact details of people with the facility of asking questions, queries or clarifications through the process.
• Draft report shared with family by the IA or most appropriate person identified by the SARP. Detail how long the family will have to comment on the draft report.
• Ensure that the adult, family and friends are given details of how their personal information will be treated and how confidentiality will be adhered to. They must provide written consent to how this will be carried out.
• Where there are criminal investigations and family members are witnesses or suspects, the police senior investigating officer must understand the focus and scope of the review to help discussions about when and how family members can be involved
Conclusion
• Put in place mechanisms to allow the adult and/or their family to feedback on the report before it is completed (this may not result in significant changes)
• The key contact must arrange to meet up with the adult, family and friends to discuss the contents of the executive summary.
• Be clear on how families are to be represented in the final report.
• Provide the adult, family and friends a copy of the executive summary of the report. This will include the key findings and recommendations of the review
• Inform the adult, family and friends of next steps of how this will be presented and who will be involved.
• Be clear on how the report will be published and where it will be available.
• Explain that an action plan will be developed to respond to the recommendations made by the report and that its delivery will be overseen by the Safeguarding Adults Board.
• The Safeguarding Adults Board may wish to provide the adult, family and friends an update on progress against the action plan in agreed intervals
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