If you are a professional wishing to report a safeguarding concern please click on the 'Make a Professional Safeguarding Referral' button below to complete the Safeguarding Adults Concern form online
How do you know if you should make a safeguarding referral to the local authority?
It is not always easy to know what to do when concerned about someone who we work with or know is at risk of harm.
The word 'safeguarding' can be interpreted in different ways. This can create confusion when deciding what course of action to take when working with a person who needs support.
'Safeguarding' can mean two things:
- A general response to keep someone safe and to ensure their needs are met, or
- A formal safeguarding response under Section 42 of the Care Act 2014
What is 'general response to keep someone safe'?
- Many people with physical or mental health needs who have care and support needs live in complex circumstances and can be very vulnerable.
- People may need support to keep safe, to manage risks in their day-to-day life and may need coordinated responses from health, social care, housing, or others.
- They are not necessarily experiencing abuse or neglect so will need a coordinated response to keep them safe, but not a formal safeguarding response.
What should I do if I think someone needs support or a coordinated multi-agency approach, but they are not experiencing abuse or neglect?
If the person needs a social care assessment:
What is a 'formal safeguarding response'?
A safeguarding enquiry under s42 of the Care Act would be triggered if the local authority is made aware that an adult with care and support needs has experienced or is at risk of abuse or neglect, and because of their care and support needs, they are unable to protect themselves. Please note the referrer remains responsible for managing the immediate risks to the adult, this should be done prior to submission of a safeguarding concern.
Raising a safeguarding adult concern referral to the local authority is a request for the local authority to consider whether a safeguarding enquiry needs to be undertaken based on whether the safeguarding duties under Section 42 are met.
The local authority will involve partners from other agencies, making enquires to decide whether action is necessary and if so, what and by whom.
The first thing to remember is that the person must be at the centre of any 'safeguarding' activity.
At every stage of the process, we must think about 'making safeguarding personal' to that individual. This means making sure we focus on:
- Did the alleged incident happen in Middlesbrough Council area, if not the referral should be made to the Local Authority that covers the address of the alleged incident (even if the person is ordinarily resident in Middlesbrough)
- What does the person want to happen?
- Do they understand that they have been the victim of abuse or neglect or that they could be at risk?
- Do they have capacity to consent to a safeguarding referral being made about 'them'?
You should gain the persons consent, but if you feel that the person is unable to make an informed decision or, in your opinion, you feel they are still at risk, you can go ahead and complete the form below.
Even if the person has not given their consent, the local authority may still be able to act.
To find out more, you can visit the Teesside Safeguarding Adults website. You will also find some examples of how to complete the concern form.
Teeswide Safeguarding Adults Board website
Example Concern Forms
The Care Act
The Care Act statutory guidance states that: "Local Authorities must make enquiries, or cause others to do so, if they reasonably suspect an adult:
- Has needs for care and support (whether or not the local authority is meeting any of those needs) and
- Is experiencing, or at risk of, abuse and neglect; and
- As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.
There is no longer a "significant harm" threshold for action under safeguarding adults' procedures.
However, any actions taken must be proportionate to the level of presenting risk or harm and be driven by the desired outcomes of the adult or their representative, promoting the well-being of the adult at risk.
Referring agencies need to use their professional judgement, consider the views of the adult at risk and where appropriate, seek consent for sharing information on a multi-agency basis. If a decision is made not to refer to the Local Authority, the individual agency must make a record of the concern and any action taken.
Concerns should be recorded in such a way that repeated, low level harm incidents are easily identified and subsequently referred. Not referring under safeguarding adults' procedures, does not negate the need to report internally or to regulators/commissioners as appropriate. Where a concern is referred on a multi-agency basis, a Local Authority Safeguarding Adults Manager will then use the Decision Support guidance to determine whether safeguarding adults' procedures will continue beyond the Initial Enquiry stage.
Managing the different levels of harm
In order to manage the large volume of concerns which come under safeguarding adults' policy and procedures, there is a need to differentiate between those concerns relating to low level harm/risk and those that are more serious.
Whilst it is likely that concerns relating to low level harm/risk will not progress beyond an Initial Enquiry Stage, the concern will be recorded by the Local Authority and proportionate action taken to manage the risks that have been identified. This may include: provision of information or advice; referral to another agency or professional; assessment of care and support needs.
The sharing of low level concerns helps the Local Authority to understand any emerging patterns or trends that may need to be taken into consideration when deciding whether safeguarding adults procedures need to continue.
Professionals should consider a Multi-Disciplinary Team (MDT) meeting approach as a preventative approach to lower-level concerns for individuals with complex care needs. An effective MDT meeting will provide a consistent, co-ordinated and person-centred approach to an individual's care, with a focus on integrated working and improving outcomes for individuals. TSAB MDT Guidance
Guidance Links
TSAB Decision Support Guidance
TSAB MDT Guidance
Inter Agency Safeguarding Adults Procedure
Example Concern Forms
Guidance for incidents between residents
Guidance for medication incidents
Guidance for making a safeguarding referral for falls
Guidance for self neglect referrals
In an emergency, always call 999.
If you need advice, call Adult Social Care on 01642 065 070.
You can also save your form and return to it later if you wish.
I would like to make a Safeguarding Referral
I would like to recover a saved form
Tees Safeguarding Adults Board
Guide to Safeguarding for Professionals