2.1 Whilst the 2007 Act does not give voluntary and private sector providers the same duty of cooperation, the Code of Practice (2022) states.
2.2 “While independent organisations do not have specific legal duties or powers under the Act, care providers have a responsibility to involve themselves with the Act where appropriate by making referrals, assisting inquiries and through the provision of services to assist people at risk of harm. These organisations should discuss and share with relevant statutory agencies information they may have about adults who may be at risk of harm.
2.3 These providers and other service provider, user and carer groups may also be a source of advice and expertise for statutory agencies working with adults with disabilities, communication difficulties or other needs. Organisations will have a legal duty to comply with requests for examination of records, as it is an offence to fail to do so without reasonable excuse (section 49(2) of the Act).
2.4 Councils may wish to review their contract agreements with the independent and third sector providers to ensure that their services are consistent with the principles of this Act.”
2.5 Legislation allows information to be shared in specific circumstances and agency procedures should be clear on the procedures to follow where adult [or child] protection concerns have been identified.
2.6 Voluntary and private sector agencies area are expected to report Adult Protection concerns within the same timescales as public bodies i.e. referrals should be made within one working day using the referral process. The organisation should also notify the Care Inspectorate and their council’s contracts/ commissioning section.
Commissioned services
2.7 The service works with a range of commissioned services which are overseen and monitored by the Joint Planning and Commissioning Team, Health and Social Care partnership. The responsibilities of Commissioned Services in respect of Adult Support and Protection should be reflected in any contracts and reinforced through self-evaluation and contract monitoring. This includes the need to:
- establish procedures for the protection of adults at risk which are consistent with Dumfries and Galloway protocol;
- provide information and assistance to Council Officers;
- participate in the joint working arrangements as defined in Dumfries and Galloway protocol.
- report incidents of actual/ suspected harm or self-neglect to Social Work Services and where appropriate to the Police and the Care Inspectorate
2.8 Adults and carers need to be assured that where they are receiving care and/ or support services, these will be compliant with current legislation and good practice for the protection of adults at risk of harm and that all allegations involving adults at risk of harm in care settings will be investigated.
2.9 Commissioned services are expected to follow rigorous recruitment practices in relation to both employing staff and in the selection of volunteers; provide supervision and monitoring of staff working with adults at risk and to have internal operating procedures and guidance for all staff that set out the responsibilities of all staff in respect of Adult Support and Protection as well as Adult Support and Protection awareness and procedure training for all staff and volunteers.
2.10 This will include all roles within the protocol and procedures. Commissioned services should:
- refer concerns about the adult at risk to Social Work through the Single Access Point through an Adult Protection Referral form (AP1)
- keep clear and accurate records
- undertake risk assessments
- share relevant information in relation to any Inquiry/ Investigation under ASP legislation participate in the joint working arrangements as defined in this protocol.
- implement preventative and/ or supportive action to adults at risk.