Safeguarding investigations and safeguarding adults reviews

Specialist social care solicitors

Providing a complete range of legal and regulatory services to care providers

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An in-depth understanding of the key complex issues affecting the sector

Work in partnership with regional care associations

Safeguarding investigations and safeguarding adults reviews

Managing safeguarding concerns is a necessary part of operating a care business. If the local authority starts an investigation, it can be a worrying and stressful time for providers. You must act promptly, get a grip on the investigation from the outset and ensure the local authority follows its policy and complies with the Care Act 2014 to minimise the risk of a prolonged process and damage to your business reputation.

We have substantial expertise advising providers on safeguarding investigations and can assist with the following:

 

  • Making statutory notifications and referrals
  • Attending safeguarding meetings
  • Liaising with commissioners and CQC
  • Ensuring a fair and proportionate process is followed by the local authority
  • Preparing Action Plans
  • Advising on staff-related issues, such as suspension, performance management, and the disciplinary process
  • Challenging and negotiating embargos
  • Managing reputational damage
  • Advice on Safeguarding Adults Reviews and preparing Individual Management Reports

 

Case studies

  • Advised a multi-nursing home provider in Devon on managing a safeguarding investigation in which the local authority acted outside of their policies and procedures and assisted the provider with a subsequent complaint to the Local Ombudsman which was upheld.
  • Advised a domiciliary care provider in London on safeguarding investigation in which member of the local authority safeguarding panel was conflicted to the detriment of our client. Successfully argued for the removal of the conflicted person from the safeguarding board and a new panel to be instated.
I have always found them to be accessible and quick to respond to any queries. I am very happy to recommend the Social Care team at Royds Withy King to other care home providers.
Ravi Gidar, Director Gold Care Homes

FAQs

From our experience, providers often encounter significant delays in the local authority completing the investigation. This can be damaging for the provider as dealing with the investigation takes management time and resources and the longer it continues the more difficult it can be for confidentiality to be retained and reputational damage to be avoided. It is therefore important to make sure the local authority sticks to deadlines and follows its policy. We can help ensure a fair and proportionate process is followed by the local authority.

This will involve a balancing exercise between the risks to the business and service users if the employee remains in work, and whether there are any less onerous alternatives to suspension. From a business perspective you also need to consider the financial risk of having an employee suspended on full pay while the matter is investigated.

The Safeguarding Adults Board is required to carry out a SAR where an adult dies as a result of abuse or neglect and there is a concern that partner agencies (e.g. the care provider, hospital, local authority, police) could have worked more effectively to protect the adult. A review may also be undertaken where an adult has not died as a result of serious abuse or neglect but may otherwise have done so had there not been an intervention.


Contact us to find out how our expert team can help.