1.4 Indicators of individual abuse and neglect
This section describes indicators that should alert people to the possibility of abuse or neglect of individuals within a care home. This section (and the sections on immediate actions to take if you consider or suspect abuse or neglect) applies to anyone in contact with care home residents. This includes staff, volunteers, visiting health and social care practitioners, other residents, family and friends, and any other visitors to the care home. Local authorities may wish to adapt and incorporate these indicators as part of their referral guidance or criteria.
The terms 'consider' and 'suspect' are used to define the extent to which an indicator suggests abuse or neglect, with 'suspect' indicating a stronger likelihood of abuse or neglect.
None of the indicators are proof of abuse or neglect on their own. Instead, they are signs that the pathway set out between sections 1.4 and 1.11 of this guideline should be followed. See the indicators of individual abuse and neglect visual summary for a summarised view of this pathway.
This process is in line with the Department of Health and Social Care statutory guidance on adult safeguarding.
Some behavioural and emotional indicators of abuse and neglect may be due to past trauma, including non-recent incidents such as adverse childhood experiences, or past experience of domestic violence or modern slavery.
Some indicators of abuse and neglect can be similar to signs of distress or behaviours arising from other causes. In particular, there can be similarities with behaviours that may be associated with dementia, autism, learning disability or acute mental distress. However, the possibility of abuse or neglect should always be considered as a cause of behavioural and emotional indicators, even if they are seemingly explained by something else. This is particularly important for residents who do not communicate using speech.
Physical, sexual, psychological and financial abuse may be perpetrated by volunteers, visitors, and family members and carers, as well as by care home staff. When it is perpetrated by someone who is personally connected to the resident, this is considered to be domestic abuse. In some cases, this can be a continuation of past relationships of domestic violence or abuse.
1.4.1
Health and social care practitioners should provide information to residents and their families and carers, covering what abuse and neglect look like and how to recognise warning signs.
1.4.2
When responding to all indicators of abuse and neglect:
1.4.3
If a resident is in immediate danger or if there is a risk to other residents (for example if the alleged abuser is a person in a position of trust):
1.4.4
If a resident does not want any safeguarding actions to be taken, but you suspect abuse or neglect:
1.4.5
If there are multiple indicators, and at least one is a 'suspect' indicator, you should suspect abuse or neglect (see immediate actions to take if you suspect abuse or neglect).
1.4.6
If you are not sure if an indicator is a 'consider' or a 'suspect' indicator, speak to your safeguarding lead and/or seek further advice from the local authority about whether to make a safeguarding referral (see also recommendation 1.7.3 for guidance on what safeguarding leads should do if they suspect abuse or neglect).
Neglect
1.4.7
Consider neglect when residents:
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are not supported to present themselves the way they would like (for example haircuts, makeup, fingernails and oral hygiene and care)
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are given someone else's clothes to wear
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occasionally have poor personal hygiene or are wearing dirty clothes
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are wearing clothing that is unsuitable for the temperature or the environment
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have lost or gained weight unintentionally
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do not have access to food and drink in line with their dietary needs
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have repeated urinary tract infections
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are not getting care to protect their skin integrity, potentially leading to pressure ulcers (see the NICE guideline on pressure ulcers, and the quick guide on preventing pressure ulcers in care homes)
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do not have opportunities to spend time with other people, either virtually or in person
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uncharacteristically refuse or are reluctant to engage in social interaction
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do not have opportunities to do activities that are meaningful to them
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do not have access to medical and dental care
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are occasionally denied access to communication and independence aids (such as hearing aids) contrary to their care and support plan
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have not received prescribed medication, or medication has been administered incorrectly (for example, the wrong dose, timing, method, or type of medication)
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do not have access to outdoor space, fresh air and sunlight
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are not given first aid when needed.
1.4.8
Suspect neglect when residents:
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do not have an agreed care and support plan
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are not receiving the care in their agreed care and support plan
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have deteriorating physical or mental health or mental capacity, and there is a lack of response to this from staff
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live in a dirty, unhygienic or smelly environment
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repeatedly have poor personal hygiene or are wearing soiled or dirty clothes
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are malnourished
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are frequently and uncharacteristically not engaging with other people, or in activities that are meaningful for them
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have only inconsistent or reluctant contact with external health and social care organisations
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have restricted access to food or drink, if this is not part of their agreed care and support plan
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are not kept safe from everyday hazards or dangerous situations
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repeatedly do not receive prescribed medication, or medication has been repeatedly administered incorrectly (for example the dose, timing, method, or type of medication)
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are denied communication or independence aids (such as hearing aids, glasses or dentures), contrary to their care and support plan.
1.4.9
Be aware that some indicators of neglect may result from self-neglect. When deciding how to respond to self-neglect:
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think about why the resident may be refusing support
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think about whether the resident has capacity to understand the possible impact of their self-neglect on themselves and others (see the NICE guideline on decision making and mental capacity)
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if the resident is refusing support, ask them why, and ask if they would like a different kind of support
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make an assessment based on the risks and needs specific to the resident, in line with the Care Act 2014 statutory guidance.
Physical abuse
1.4.10
Consider physical abuse when residents:
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have unexplained marks or injuries (for example, minor bruising, cuts, abrasions or reddened skin)
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tell you or show signs that they are in pain, and the cause is unexplained (for example, the pain is not caused by a pre-existing medical condition).
1.4.11
Suspect physical abuse when residents:
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have multiple or repeated marks or injuries (for example, bruising, cuts, lesions, loss of hair in clumps, bald patches, burns and scalds)
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have injuries that are very unlikely to be accidental (for example, grip marks, cigarette burns or strangulation marks)
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are being restrained without authorisation (either by direct restraint or by being confined to a particular area)
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flinch when approached, or change their behaviour (for example, acting subdued) in the presence of a particular person
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have fractures that cannot be explained
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have their activity limited by misuse of medication, or covert administration when not medically authorised.
1.4.12
Act immediately to safeguard residents and contact the police if you witness an assault or are told that a resident has been assaulted (see making sure people are safe).
1.4.13
Be aware that injuries can be caused by other residents.
Sexual abuse
1.4.14
Be aware that residents have the right to engage in sexual activity if they have the mental capacity to consent. For more information, see:
1.4.15
Consider sexual abuse when residents:
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are spoken to or referred to using sexualised language
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experience any instances of sexualised behaviour or teasing
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show unexplained changes in their behaviour, such as:
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resisting being touched
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becoming aggressive or withdrawn
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having trouble sleeping
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using sexualised language
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showing highly sexualised behaviours
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show changes in their relationships (for example, being afraid of or avoiding particular residents, family members or members of staff).
1.4.16
Suspect sexual abuse if a resident has an intimate relationship with a member of staff.
1.4.17
Suspect sexual abuse when residents who lack capacity to consent to intimate or sexual relationships:
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report being inappropriately touched or experience unwanted sexualised behaviours
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have unexplainable physical symptoms that may be associated with sexual activity, such as itching, bleeding or bruising to the genitals, anal area or inner thighs
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have unexplained bodily fluids on their underwear, clothing or bedding
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are involved in a sexual act with another person, including their husband, wife, partner or another resident
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have a sexually transmitted infection
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become pregnant.
Psychological abuse
1.4.18
Consider psychological abuse when residents:
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are addressed rudely or inappropriately on any occasion (verbally or non-verbally)
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are prevented from speaking freely
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are deliberately and systematically isolated by other residents and/or staff
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have information about their own care systematically withheld from them by the care home
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are not involved in planning their own care, or when changes are made to their care without discussion or agreement
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are denied a choice on any occasion (for example, around activities of daily living or freedom of movement)
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are denied unsupervised access to others
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show significant and otherwise unexplainable changes in their behaviour, including:
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becoming withdrawn
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avoiding or being afraid of particular individuals
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being too eager to do anything they are asked
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compulsive behaviour
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not being able to do things they used to be able to do
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not being able to concentrate or focus.
1.4.19
Suspect psychological abuse when residents:
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are repeatedly addressed rudely or inappropriately (verbally or non-verbally)
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are shouted at or verbally threatened
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are repeatedly humiliated, belittled, or have their opinions or beliefs undermined
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are getting married or entering a civil partnership, if you are concerned that they have not consented or lack capacity to consent to this.
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are denied access to independent advocacy
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are repeatedly denied choices (for example, around their activities of daily living or freedom of movement).
Financial and material abuse
1.4.20
Be aware that not having systems to take care of residents' money and possessions is a form of organisational abuse and can lead to financial abuse.
1.4.21
Consider financial and material abuse when residents:
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do not have their money or possessions appropriately recorded by the care home
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lose money or possessions
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do not have access to their money, or to possessions that they want or need
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are not routinely involved in decisions about how their money is spent (for example if they do not get a personal allowance), or how their possessions are used
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appear to have bought things they do not need or invested money in things where they may lack capacity to make informed decisions
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find the person managing their financial affairs to be evasive or uncooperative
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family or others show unusual interest in their assets
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have unusual difficulty with their finances, and are uncharacteristically protective of money and things they own.
1.4.22
Suspect financial and material abuse when residents:
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have their money spent or their possessions or property used by other people, in a way that does not appear to benefit the resident (for example, their personal allowance being used to fund staff gifts, or misuse of loyalty card points)
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have treasured personal items constantly go missing
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get married or enter a civil partnership, if they are likely to lack capacity to consent to this
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change a will under duress or coercion
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sign a lasting power of attorney when they do not have the mental capacity to make this decision
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personal financial information is not kept confidential.
Discriminatory abuse
1.4.23
Consider discriminatory abuse when residents:
1.4.24
Suspect discriminatory abuse when residents:
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are not treated equitably and do not have equal access to available services
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experience humiliation, violence or threatening behaviour related to protected characteristics
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are not provided with the support they need, for example, relating to their religious or cultural beliefs
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are denied access to independent advocacy
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show any of the indicators of psychological abuse in recommendation 1.4.19, if these are associated with protected characteristics.
1.12 Indicators of organisational abuse and neglect
This section describes indicators that should alert people to the possibility of organisational abuse or neglect within a care home, and immediate actions that should be taken. It does not go into detail about the process for raising a concern, making a referral or conducting an enquiry. This process will vary depending on the nature of the allegations, and the local arrangements in place for responding to such allegations.
This section is for anyone in contact with care home residents, including staff, volunteers, visiting health and social care practitioners, other residents, family and friends, and any other visitors to the care home.
Local authorities and others involved in care home quality assurance may wish to adapt and incorporate these indicators into notification and safeguarding referral guidance or quality assurance frameworks.
There is no one size fits all approach for managing and responding to organisational abuse. This is because of the huge range of actions and inactions that may contribute to organisational abuse, at all managerial and financial levels within organisations. Organisational abuse can also be caused by a single act of neglect or omission. However, commissioners should be alert to any allegations of organisational abuse within care homes, as part of their responsibility for monitoring standards of care against contractual requirements.
Organisational abuse (also known as institutional abuse) is distinct from other forms of abuse or neglect, because it is not directly caused by individual action or inaction. Instead, it is a cumulative consequence of how services are managed, led and funded. Some aspects of organisational abuse may be hidden (closed cultures), and staff may act differently when visitors are there (disguised compliance). Organisational abuse can affect one person or many residents. Therefore, it is important to consider each unique case, and the impact on individual residents as well as the whole care home.
The terms 'consider' and 'suspect' are used to define the extent to which an indicator suggests abuse or neglect, with 'suspect' indicating a stronger likelihood of abuse or neglect.
None of the indicators are proof of abuse or neglect on their own. Instead, they are signs that the recommendations on actions to take if you consider or suspect organisational abuse should be followed. See the indicators of organisational abuse and neglect visual summary for a summarised view of this pathway.
When to consider abuse or neglect
Lack of safeguarding policy, procedure, accountability or governance
1.12.1
Consider organisational abuse when:
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safeguarding leadership or governance arrangements are unclear (for example, there is no registered manager or delegated safeguarding lead)
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managers rarely or never observe their staff at work, or are rarely or never available to speak to residents (or their families and carers), staff, or other professionals
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managers are overly controlling, constantly interfere when staff are working, and stop staff from trying to improve resident safety or care
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the care home does not have policies and procedures covering:
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safeguarding
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whistleblowing
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complaints
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the care home has policies and procedures covering safeguarding, whistleblowing and complaints, but does not use them
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the care home policy and procedure on safeguarding is inconsistent with the Care Act 2014 or this guideline
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residents, visitors, staff and other people working in care homes do not have access to policies and procedures covering safeguarding, whistleblowing and complaints
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the care homes enforces blanket procedures and decisions, regardless of residents individual needs, wishes and circumstances and which generally conflict with safeguarding policies and procedures
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the care home does not explain the concepts of safeguarding, abuse and neglect to residents
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residents are not involved in how the care home is run.
Not meeting contractual or regulatory requirements.
1.12.2
Consider organisational abuse when care homes:
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do not meet contractual safeguarding requirements
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do not meet national regulations, including the fundamental standards of quality and safety monitored by the Care Quality Commission
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fail to improve or respond to actions or recommendations arising from inspections or audits by professionals, commissioners and regulators (for example clinical commissioning groups, local authorities, the Care Quality Commission and Healthwatch)
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fail to sustain improvements
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do not monitor the quality of their care using the Care Quality Commission's key lines of enquiry and prompts to ensure that the service is safe, effective, caring, responsive and well led.
Mismanagement of safeguarding concerns and poor record-keeping
1.12.3
Consider organisational abuse when:
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safeguarding issues are not always reported
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no audits or actions are taken after a disclosure
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there is no clear safeguarding policy or information about how to raise a safeguarding concern
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serious incidents are not reported (for example, unexplained deaths, serious fires, or infectious disease outbreaks)
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there is a lack of safeguarding concerns recorded or referrals made
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the care home has poor or outdated records
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there are inconsistent patterns of safeguarding concerns logged (for example, if all concerns originate from 1 member of staff, then other staff may not be taking enough responsibility for safeguarding)
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safeguarding concerns have been reported via complaints procedures rather than through safeguarding procedures
-
the care home does not comply with Mental Capacity Act requirements on deprivation of liberty and liberty protection safeguards (when enacted).
Staffing
1.12.4
Consider organisational abuse when:
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the care home does not have clear, safe recruitment processes (including reference checks and enhanced Disclosure and Barring Service checks)
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staff are not properly supervised and supported, or there is no documentation that this is happening
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there is no evidence that safeguarding training or induction is taking place
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there are high rates of staff absence
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staff work excessive hours without enough breaks
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staff are working under poor conditions
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there is high staff turnover and high dependency on contract or temporary staff.
Quality of care and service provision
1.12.5
Consider organisational abuse when:
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there is evidence of poor medicines management (for example, excessive use of 'as needed' medicines)
-
restrictive practice is used:
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residents are prevented from moving around the home freely or independently
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staff teams have inflexible and non-negotiable routines that do not take account of what individual residents want or need
-
staff do not help residents live as independently as they can
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meaningful and structured activities for residents are not available or accessible
-
behaviours of concern are mismanaged (for example, overuse of restrictive practices, including misuse of medication)
-
care and support plans are changed suddenly, without discussion with residents or others involved with their care
-
residents do not receive person-centred care, for example care is focused on completing tasks and ignores individual circumstances and preferences (including cultural preferences)
-
staff routinely make assumptions about residents or their needs, and miss hidden needs or disabilities
-
staff do not respond to requests from residents, or interfere with residents' preferences and choices
-
residents are reluctant to ask for changes or to make complaints
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certain residents routinely receive preferential treatment over others
-
there are general inconsistencies in the standard of service provision.
Failure to refer for appropriate care or support
1.12.6
Consider organisational abuse when:
Financial mismanagement and lack of investment
1.12.7
Consider organisational abuse when:
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there are not enough staff on each shift to meet the needs of residents
-
there are problems with care home equipment:
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the care home admits or accepts referrals for residents that staff do not have the skills to care for
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there is a lack of investment in the services the care home provides, compared with the fees it charges
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resources (such as one-to-one support) for residents with assessed needs are not provided, despite funding being allocated for this
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residents' money is not adequately protected (for example, they do not have personal allowances).
Physical signs and lack of openness to visitors
1.12.8
Consider organisational abuse when:
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the care home is dirty or smelly, or is not compliant with basic infection control (for more information about infection control see the NICE quick guide on helping to prevent infection)
-
call bells have been removed or deactivated, or are routinely overused
-
there is a lack of engagement with visitors, or places in the care home that visitors are not allowed to see
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the care home discourages visitors without justification
-
there is a lack of engagement with the organisation the care home is part of.
Actions to take if you consider abuse or neglect
1.12.9
For indicators starting with 'consider'
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raise the matter with the care home manager, in writing if possible
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if the care home manager is believed to be part of the problem, go to the group manager, regional manager, owner or board of trustees
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if the care home manager is the sole owner, follow the actions to take if you suspect abuse or neglect
-
explain the impact on residents, or the likely impact if the situation continues
-
ask for a response within a specified period of time (for example 2 weeks)
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if the manager agrees to make changes, make sure these happen
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after taking these steps, if the situation does not improve, raise your level of concern to 'suspect'.
When to suspect organisational abuse or neglect
1.12.10
Suspect organisational abuse when:
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incidents of abuse or neglect are not reported, or there is evidence of incidents being deliberately not reported
-
there is evidence of redacted, falsified, missing or incomplete records
-
there have been multiple hospital admissions of residents, resulting in safeguarding enquiries
-
there are repeated cases of residents not having access to nursing, medical or dental care
-
there is frequent, unexplained deterioration in residents' health and wellbeing
-
residents' money is being misused by the care home (for example, to purchase gifts for staff or other residents without permission)
-
there is a sudden increase in safeguarding concerns in which abuse or neglect has been identified
-
residents are repeatedly evicted or threatened with eviction after making complaints
-
repeated instances of residents, families and carers feeling victimised if they raise safeguarding concerns
-
the care home fails to improve or respond to actions or recommendations in local inspections or audit frameworks from clinical commissioning groups or the local authority, or reviews and inspections by the Care Quality Commission or Healthwatch, and deteriorates over time.
Actions to take if you suspect abuse or neglect
1.12.11
If you 'suspect' abuse or neglect:
-
Contact your local authority and tell them that you want to make an adult safeguarding referral.
-
When local authorities receive adult safeguarding referrals:
-
they should gather information, under section 4 of the Care Act
-
they must decide if there is reasonable cause to suspect that an adult with care and support needs is experiencing abuse or neglect and is unable to protect themselves from harm
-
if this criteria is met, they must conduct a section 42 enquiry.
-
If many residents of a care home are affected, local authorities may conduct a large-scale enquiry, following their own local procedures.
-
If you are not satisfied with the response from your local authority, you can make a complaint to the Local Government and Social Care Ombudsman and give feedback to the Care Quality Commission.
1.12.12
When organisational abuse or neglect is identified, plan what individual or collective support is needed for residents, staff, and other people who might be affected.
Terms used in this guideline
This section defines terms that have been used in a particular way for this guideline. For other definitions see the NICE glossary and the Think Local, Act Personal Care and Support Jargon Buster.
Care homes
Residential care homes (with or without nursing care) that are registered with and regulated by the Care Quality Commission.
Care home providers
Companies that own and operate one or more care homes that are regulated by the Care Quality Commission.
Commissioners
Local authorities, clinical commissioning groups and other public sector commissioners who oversee contracts for care and support services provided by care homes that pay for care home residents who are eligible for public funding. The term 'commissioner' does not apply to individuals who pay privately for their care.
e-learning
Induction, training and assessment that people undertake on a computer or mobile device, without interacting with other people.
Enquiry lead
Sometimes referred to as the lead enquiry officer or enquiry officer. This person is appointed by the local authority when a safeguarding enquiry begins. They may be a local authority social worker or a designated member of staff from the care home or care home provider. They are responsible for coordinating responses to the enquiry, coordinating decision making and acting as the main point of contact. They make sure that enquiry actions are undertaken in accordance with Care Act duties, related statutory guidance and the recommendations in this guideline.
Face-to-face learning
Induction, training and assessment that is undertaken one-to-one, or in groups led by either in-house staff experts, managers or external trainers. It may take place with participants all in the same room, or using video or telephone conferencing. It may include online materials, but participants are able to ask questions, discuss, reflect on current practice and use case studies and examples. This type of training looks at how safeguarding relates to the particular role of the person being trained, and to the personalised care and support needs of residents.
Multi-agency
Organisations working together in the context of safeguarding adults in care homes. Relevant organisations include:
-
local authorities and health and social care services
-
the police and other organisations in the criminal justice system
-
education and learning services
-
advocacy services
-
local voluntary and community groups.
National organisations or complaints services can also be included (such as the Local Government and Social Care Ombudsman).
Reflective practice and reflective supervision
Opportunities for staff to:
-
reflect on previous practice
-
talk about why they made the decisions they made, and why they acted or behaved in particular ways
-
talk about their emotional responses to their actions and the actions of others
-
engage in continuous learning.
Reflective practice and supervision may also provide insight into personal values and beliefs, and help staff understand how these influence action and decision making within the care home.
Registered managers
Care homes registered with the Care Quality Commission must have a registered manager, in line with the Health and Social Care Act 2008. The registered manager is responsible for leading and running the care home and making sure that standards are upheld. Note that other managers may also work within care homes and have responsibilities for staff supervision, line management, or other aspects of running the home. However, the registered manager is the person accountable to the Care Quality Commission for the standards of care and safeguarding within the home.
Residents
Adults aged 18 and over who live in and receive care and support in care homes, or who use care homes to access care and support from time to time (for example respite care, including day care).
Resident at risk
The resident at the centre of a safeguarding concern, when:
-
abuse or neglect is considered or suspected or
-
a safeguarding referral has been made to a local authority or
-
a section 42 safeguarding enquiry is taking place.
Safeguarding adults reviews
Must be arranged by Safeguarding Adults Boards if:
-
there is reasonable cause for concern that partner agencies could have worked more effectively to protect an adult and
-
when serious abuse or neglect is known or suspected and
-
if certain conditions are met, in line with section 44 of the Care Act 2014 and related statutory guidance.
Safeguarding champions
Safeguarding champions are staff already working within the care home, with good knowledge of safeguarding policy and procedure, who help ensure that procedures are followed and are available for discussion. They also ensure reflective learning about best practice in preventing abuse and neglect. Champions may also offer practical and emotional support to those worried about the impact of raising concerns. They are not a replacement or alternative to the safeguarding lead.
Safeguarding concern
For the purposes of this guideline, a safeguarding concern is defined as a consideration, suspicion or indication of abuse or neglect of a resident, or residents within a care home. Anybody who works in, lives in or visits the home may have a safeguarding concern, either because of something they have seen or because of something they were told. All safeguarding concerns should be responded to in line with this guideline. Note that this definition relates to concerns in care home settings. For a more general definition, see the Local Government Association and ADASS definition in their report on understanding what constitutes a safeguarding concern.
Safeguarding lead
This may be the care home registered manager or someone with delegated responsibility for safeguarding within the care home. It is a statutory requirement for care homes to have a designated safeguarding lead. Safeguarding leads should have had training in safeguarding, and should have the relevant skills and competencies to ensure the safety and protection of residents, in line with Care Quality Commission guidance.
Safeguarding referral
As outlined in this guideline, if abuse or neglect is suspected this must be reported to the local authority. This is called making a safeguarding referral.
Service providers
Other organisations providing services within care homes or contracted by care homes to provide services. These include health and social care services (for example, GP services, clinical psychology and occupational therapy), and other services such as cleaning, catering, gardening, transport, education, learning or activities.
Staff
Anyone paid to work in a care home and involved either directly or indirectly in the care and support of residents. This includes care workers, nurses, managers, administrative staff, cleaners, caterers, gardeners or anyone else who the care home employs directly or via agencies or contractors, on a casual, part-time, full-time, temporary or permanent basis.
Contract or temporary staff
Staff who are not employed on a permanent contract with the care home, who may be supplied by an employment agency on a short-term basis, or who might be employed on a zero hours contract or on a casual labour basis.