The Care Act 2014 made key changes to adult social care with a new general duty to “Promote individual well-being”.
Alongside this, it put the safeguarding of adults on a statutory footing for the first time. Previously ‘No Secrets’ offered only
guidance to Local Authorities and organisations regarding best practice in safeguarding adults.
The Care Act applies to all people aged over 18 even when they may be receiving what may be thought of as a “children” or
“young people’s” service, for example a 21 year old training with an under 18’s sports team. Within the Act there has been a marked shift away from using the term ‘vulnerable’ to describe adults potentially ‘at risk’ from harm or abuse.
The Care Act sets out the following principles that should underpin safeguarding of adults:
Empowerment - People being supported and encouraged to make their own decisions and informed consent.
“I am asked what I want as the outcomes from the safeguarding process and these directly inform what happens.”
Prevention – It is better to take action before harm occurs.
“I receive clear and simple information about what abuse is, how to recognise the signs and what I can do to seek help.”
Proportionality – The least intrusive response appropriate to the risk presented.
“I am sure that the professionals will work in my interest, as I see them and they will only get involved as much as needed.”
Protection – Support and representation for those in greatest need.
“I get help and support to report abuse and neglect. I get help so that I am able to take part in the safeguarding process to the extent to which I want.”
Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse
“I know that staff treat any personal and sensitive information in confidence, only sharing what is helpful and necessary. I am confident that professionals will work together and with me to get the best result for me.”
Accountability – Accountability and transparency in delivering safeguarding.
“I understand the role of everyone involved in my life and so do they.”
The Care Act defines safeguarding duties that apply to an adult who:
“Adult safeguarding” is working with adults with care and support needs to keep them safe from abuse or neglect. It is an important part of what many public services do, and a key responsibility of local authorities.’ Care Act 2014
You may become aware that abuse or poor practice is taking place, suspect abuse or poor practice may be occurring or be told about something that may be abuse or poor practice and you must report this to the Basketball England Lead Safeguarding Officer or your club's Welfare Officer.
You should make a note of what the person has said using his or her own words as soon as practicable, take care to distinguish between fact, observation, allegation and opinion. It is important that the information you have is accurate. Complete an Incident Form and submit to the Basketball England Lead Safeguarding or your Club's Welfare Officer.
As long as it does not increase the risk to the individual, you should explain to them that it is your duty to share your concern with your Lead Safeguarding or the Club's Welfare Officer.
Be mindful of the need to be confidential at all times, this information must only be shared with your Lead Safeguarding or Welfare Officer and others on a need to know basis.
If you are concerned someone is in immediate danger, contact the police straight away.
It is important when considering your concern that you also consider the needs and wishes of the person at risk, taking into account the nature of the alert. More information on this can be found in Appendix 2 of Basketball England's Adults at Risk Policy.
There may come a time when Basketball England will need to refer the concern to the Local Safeguarding Adults Board. As the adult at risk will be involved throughout the whole process wherever possible, consent should be obtained for any referrals to social care, if the person has capacity.
If consent is not given, you may refer without consent if it is in the public interest in order to prevent a crime or protect others from harm.
Depending on why you are at risk will depend on where you will go for help. Below are some of the main organisations who can provide you with help:
Your GP – A good place to start if you need support would be your GP. You may have a good relationship with them and they will better understand your needs and can help you on a more personal level. They will also be able to refer you if you are really struggling - more information on referals can be found here.
Samaritans – You may not want to discuss your situation with us, which is fine. There are many charities and organisations out there who are happy to help 24/7, 365 days a year. The Samaritans are one of these fantastic organisations that are there to offer you a safe place for you to talk anytime you like and in your own way.
More information on the Samaritans can be found on their website or they can be contacted on 116 123.
Mind – For when the situation was a lot tougher than expected, you can speak with Mind. They are an organisation who is there to help people who may suffer from mental health conditions and so much more. They provide advice and support to empower anyone experiencing a mental health problem.
More information on Mind can be found on their website or they can be contacted on 020 8519 2122.
If you need an urgent help, please click here, then click on the 'I need urgent help' button at the top of the page. Mind provide a service to provide urgent help to those in need and their tool is designed to help you understand and manage your situation when you feel like you need help.
Basketball England – We are here to help. If you are finding it difficult we can provide some words of advice on how to deal with this situation.
We make many decisions every day, often without realising. We make so many decisions that it's easy to take this ability for granted.
But some people are only able to make some decisions, and a small number of people cannot make any decisions. Being unable to make a decision is called “lacking capacity”.
To make a decision we need to:
A person’s ability to do this may be affected by things like learning disability, dementia, mental health needs, acquired brain injury, and physical ill health.
The Mental Capacity Act 2005 (MCA) states that every individual has the right to make their own decisions and provides the framework for this to happen.
The Ann Craft Trust provide more information and guidance around capacity and making decision, which can be found here.
The Ann Craft Trust are in place as a leading authority in safeguarding disabled children and adults from abuse. Their aim is to create a world where people live safely, free from the risk of abuse.
Their website provides tonnes of advice, guidance and knowledge sharing on Adults at Risk. Their website can be found here.
They have created a sport resource pack which will help provide more specific guidance around adult safeguarding and sport. This resource can be found here.
