Guidance Fourteen - Staff as alleged perpetrators
Introduction
When staff are alleged to have perpetrated abuse against a vulnerable adult there will always need to be a Safeguarding Adults Assessment. This may include a disciplinary investigation which should be discussed and agreed at the Strategy Discussion. ‘Staff’ includes care workers, both paid and voluntary, those employed under the adult placement scheme as well as professionals such as doctors and social care staff.
Professional Bodies
With regard to abuse, neglect and misconduct in a professional relationship, many staff will be governed by codes of professional conduct and/or employment contract which will determine the action that can be taken against them. Where appropriate, employers should report workers to the statutory and other bodies responsible for professional regulation. Consideration must also be given to the involvement of the police and/or regulatory bodies.
Disciplinary Investigation
Where a member of staff is alleged to have abused a vulnerable adult, it is important to appreciate that the disciplinary is one of a number of possible investigations that will need to be undertaken. There will normally be a Safeguarding Adults Investigation unless it is agreed at the Safeguarding Strategy Discussion that one is not required.
Where there is a disciplinary investigation, this will be carried out by the employing agency whose aim is to establish whether the staff member has been guilty of misconduct in the course of their duties. The disciplinary procedure(s) is separate from the other forms of investigation though there will be a need for co-ordination and sharing of information. It is vital that all concerned clearly distinguish the process of investigating an allegation of abuse perpetrated by a member of staff on the one hand, from the implementation of disciplinary action on the other. The Safeguarding Manager should ensure that these functions are carried out by different people. Conducting a disciplinary investigation should not prevent any other type of investigation taking place as part of the assessment.
Once investigations are complete, the outcome should be notified to the Safeguarding Manager, in the specified timescales, to determine what if any further action is required.
Interviewing the alleged victim of abuse as part of the disciplinary process should be avoided as far as possible and should never be undertaken without the agreement of the Safeguarding Manager. The reports written and facts established should be made available to those carrying out the disciplinary process, in line with the Nottingham(shire) Information Sharing Protocol, so that the stress of repeated interviews with the vulnerable adult is avoided.
Investigations into allegations against the Police will be carried out under the regulation imposed by the Police and Criminal Evidence (P.A.C.E) Act 1984.
Suspension from Duties
The employee would normally be suspended from duty pending the outcome of the employer’s investigation. Decisions not to suspend an employee following an allegation of abuse must be fully documented and endorsed separately by an independent senior officer from within the employing agency in consultation with the Safeguarding Manager. This information must also be made available to the Safeguarding Manager, the registering authority or authorities and the police where relevant.
None of the above affects the adult’s rights to approach the police directly or to instigate civil action against the staff member or agency involved.
PoVA
A care worker (those who the POVA scheme is currently implemented with regard to), defined by the Secretary of State for Health is:
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The PoVA scheme is applicable to care services that are regulated i.e. adult placement schemes, care homes and domiciliary care providers. The care providers for these services are registered with the Commission for Social Care Inspection (CSCI). It DOES NOT cover NHS, schools or colleges, or other social care settings, which are not governed by the Care Standards Act 2000.
When you make a referral it will be checked to ensure that the above is correct (i.e. that you are a regulated care provider and that a vulnerable adult has been harmed or put at risk of harm), and also that the employee no longer works for the employing agency. If all of this information is in the referral the care worker is initially placed onto the ‘Provisional PoVA List’ until a decision is made by the Secretary of State for Health (normally about nine months) about whether they are confirmed on the PoVA List.
If someone is placed on the PoVA list they will be guilty of an offence if they knowingly apply for, or offer to do, or accept any work in a care home, domiciliary care or adult placement schemes. In addition to this, they will not be able to work in these settings whilst on the provisional list.
To place a care worker on the PoVA List please visit www.dh.gov.uk/pova for the most up to date referral details.
Checking the PoVA List
As an employer of a regulated service it is your responsibility to carry out the relevant checks to ensure that potential employees are not on the PoVA List in accordance with your agencies internal procedures.
Safeguarding Vulnerable Groups Act 2006
It is anticipated the implementation of this Act will be phased. All employers will need to comply with it when it is operational.
Employment Agencies
If an agency member of staff is alleged to have abused a vulnerable adult, the Safeguarding Manager should also include the Employment Agency in the Safeguarding Strategy as they would be responsible for any disciplinary process and subsequent referral to any professional body or PoVA.