Written - Update on the Protection of Vulnerable Adults

Following my written statement in February 2008, I am pleased to provide an update on developments in relation to the protection of vulnerable adults In Wales.

In my previous statement I emphasised that tackling adult abuse is not just a matter for the Welsh Assembly Government, service providers, statutory authorities, regulatory bodies or the police to deal with. All citizens and organisations continue to have a key role in protecting vulnerable adults from abuse wherever and whenever it occurs. There is no room for complacency and the Welsh Assembly Government will continue to give the protection of vulnerable adults a high priority.

In March 2009, we let the contract for an independent review of our main protection of vulnerable adult’s guidance ‘In Safe Hands’ and the national and local arrangements that are in place across Wales. The contract was awarded to the University of Glamorgan and their final report is due to be delivered in the Autumn.  I expect that following our consideration of the recommendations in this report, any proposed changes to our Statutory Guidance will be subject to a wider public consultation.

While the overall aim of this review is to consider and assess the continuing effectiveness, appropriateness and robustness of the “In Safe Hands” guidance, we have also asked the researchers to look specifically at the present statutory basis for adult protection in Wales and to consider and make recommendations on the need for new legislation. I am aware of the growing calls for new legislation in this area and I am willing to consider the need to bring forward new legislative proposals, within the framework of the powers devolved to the National Assembly for Wales, where there is clear evidence that the existing legislative provision falls short of what is needed to effectively protect people who are not able to protect themselves.

In the mean time, we shall continue to amend and update the ‘In Safe Hands’ guidance as needed. In April 2009 we issued a new supplement aimed at seeking to address the possible financial abuse of people’s living in their own homes. We shall also shortly be consulting on updating the guidance on the role of the Care and Social Services Inspectorate Wales in adult protection to reflect the inspectorates broader role.

I have broadened and strengthened the membership of the Adult Protection Project Board, whose original membership and terms of reference were set out in my February statement. Its membership now includes the Association of Directors of Social Services Cymru, the Health and Safety Executive,  Learning Disability Wales and Age Concern Cymru. The Project Board has met regularly over the last 14 months and has among other things: 

• contributed to the development of the tender specification for the independent review of the ‘In Safe Hands’ guidance; participated in the tendering assessment process and is represented on the contract steering group that is overseeing the review work of the University of Glamorgan.

• considered and commented on the pre-consultation draft of our Escalating Concerns for Care Homes guidance, which we issued on 13 May 2009. This statutory guidance addresses the management of escalating concerns with and the closure of care homes, including those providing nursing care. The guidance recognises that the act of commissioning and procuring individual placements within a registered care home places a duty of care upon contracting authorities to be proactive in monitoring service delivery, safety and performance of care providers and managers.

• considered and made recommendations for changes to the adult protection measures contained in the Care Standards Act 2000 regulatory and national minimum standards regimes for care homes

• considered the role that the Social Services Improvement Agency and the National Leadership and Innovation Agency for Healthcare could have in supporting the effective delivery of local protection of vulnerable adults arrangements.

• considered the arrangements in place about the registration of overseas nurses

• considered what role our new programme ‘Dignity and Respect in Care’ can play in protecting older people from abuse

This year the main focus of the Project Board’s work is on the role of the NHS in local protection of vulnerable adults’ arrangements. Later in 2009, the Project Board will have a key role in considering the final report from the independent review of the ‘In Safe Hands Guidance’ together with any findings arising from the CSSIW adult protection inspection work and making recommendations to Ministers on these. A particularly important aspect of the Group’s work will be their consideration of whether any strengthening of existing primary or secondary legislation relating to the protection of vulnerable adults is necessary. Adult Protection is also included in the scope of the Law Commission’s Review of Adult Social Care Law that has commenced recently and which will report in 2011.

CSSIW will be commencing later this year a thematic inspection on adult protection in Wales and will report its findings in early 2010. Evidence from this inspection will also be used to inform consideration of our adult protection arrangements and also other policies and guidance including the Unified Assessment Process.

Safeguarding adults at risk requires a particular commitment from senior officers and elected members in local authorities, and adult protection must be given the priority attention it requires. Our guidance on the Role and Accountability of the Director of Social Services published in June 2009 places particular responsibilities on the Director of Social Services on adult safeguarding arrangements and reporting.

I will report again by Spring 2010 to Assembly Members on our response to the independent review of the ‘In Safe Hands’ guidance, any findings from the CSSIW protection of vulnerable adults inspection and my position on the need for new legislation . While the future arrangements for Adult Protection are reviewed and inspected, it is essential that all statutory bodies continue to give a high priority to Adult Protection arrangements to ensure they remain effective in protecting vulnerable people from abuse.